Every incumbent of the office of City Councilmember, whether
elected by popular vote or appointed to fill a vacancy, is subject
to recall by the voters of the Councilmember's district. The procedure
to effect such removal from office shall be as hereafter in this article
provided. Except as otherwise specifically provided in this Charter,
every reference to procedures for the recall of a councilmember shall
apply to the recall of the Mayor.
(Amended Election 6/2/70 effective 8/17/70; Amended Election 11/8/94 effective 5/22/95)
A petition for the recall of a City Councilmember shall be signed
by qualified electors of the district from which the Councilmember
was elected or appointed equal in number to not less than 20% of the
number of registered voters of such district last officially reported
to the Secretary of State of the State of California by the County
Clerk of the County of San Joaquin. A petition for the recall of the
Mayor shall be signed by qualified electors of the city equal in number
to not less than 20% of the entire votes cast by the electors of the
City at the last preceding election for the Mayor. Every petition
for the recall of an elective officer of the City shall be addressed
to the City Council and presented to the City Clerk. The petition
must contain a statement of the reasons for the demand.
(Amended Election 6/2/70 effective 8/17/70; Amended Election 11/8/94 effective 5/22/95)
The signatures to a recall petition need not all be appended
to one paper, but each signer shall add to the signature the signer's
place of residence, giving the street and number and the date of signing.
The petition, when filed, must have designated therein the name or
number of the respective precinct in which each of the signers reside.
Each petition shall further contain the name and address of the person
to whom the petition is to be returned in case said petition is found
insufficient. Each separate action of the petition shall have attached
an affidavit made by a voter of the affected territory which shall
state that according to the best information and belief of the affiant,
the following:
(a) That
each signature appearing on each section of the petition is the genuine
signature of the person whose name it purports to be; and
(b) That
each signer of the petition or section thereof was, at the time of
placing such signature on the petition, a registered, qualified voter
of the affected territory; and
(c) That
the affiant personally observed each signer placing thereon the date
of signature and the signer's residence address.
As used herein, the term "affected territory" shall mean the
City, if the petition be for the recall of the Mayor, and if all of
the voters of the City would be eligible to vote on the question of
recall; or the district, if the petition be for the recall of a member
of the City Council, and if only the voters of the Councilmember's
district would be eligible to vote on the question of recall.
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When a recall petition is presented for filing to the City Clerk,
the City Clerk shall forthwith examine the same and ascertain whether
it conforms to the requirements of this Charter. If such petition
is not found to conform thereto, the City Clerk shall then and there,
in writing, designate on said petition the defect, or omission, or
reason why such petition cannot be filed, and shall return the petition
to the person named therein as the person to whom the same may be
returned in case said petition is found insufficient. The petition
may then be amended and again presented to the City Clerk as in the
first instance. The City Clerk shall forthwith proceed to examine
the petition as hereinbefore provided.
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Any signer of a recall petition may withdraw such signature
from the same by filing with the City Clerk a verified revocation
of the signature before the filing of the petition by the City Clerk,
and not otherwise.
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(Amended Election 11/8/94 effective 5/22/95; Amended Election 10/12/71 effective 12/6/71)
If the officer sought to be removed does not resign within five
calendar days after the City Clerk serves written notice of the certificate
of sufficiency and if the recall petition requests a special election,
the City Council shall cause a special election to be held in accordance
with the timelines specified in the
Elections Code of the State of
California to determine whether the people will recall said officer.
If a general municipal election is to occur within 90 days of the
order for the recall election, the City Council may in its discretion
postpone the holding of the special election to such general municipal
election.
The officer sought to be removed shall, if such officer does
not resign, continue to perform the duties of office until the election.
(Added Election 10/17/11 effective 11/28/11; Amended Election 11/8/94 effective 5/22/95; Amended Election 06/06/06 effective 08/04/06)
In the published call for the election there shall be printed
in not more than 200 words the reasons for demanding the recall of
the officer as set forth in the recall petition, and in not more than
200 words the officer may justify such officer's course in office.
(Amended Election 11/8/94 effective 5/22/95)
In an election for the recall of a City Councilmember, only
the voters of the district from which the Councilmember was elected
or appointed shall be entitled to vote. In an election called for
the recall of the Mayor, the voters of the entire city shall be entitled
to vote.
The ballot at said election shall provide the opportunity for
each voter to vote "Yes" or "No" on the proposition whether the officer
involved should be recalled.
In case the majority of the votes cast on the proposition of
recalling the officer involved are "Yes," the officer shall be deemed
recalled and the officer's right to hold the office shall terminate
upon the declaration by the canvassing board that a majority have
voted in favor of the recall of the particular officer.
(Added Election 10/14/47 effective 3/3/48; Amended Election 6/2/70 effective 8/17/70; Amended Election 11/8/94 effective 5/22/95)
Any vacancy occasioned by a recall proceeding shall be filled
by appointment by the City Council. In the case of the recall of a
City Councilmember, the appointment shall be made from the electors
from the district in which the vacancy occurs. In the case of a recall
of the Mayor, the appointment shall be made from the electors of the
city. Any person so appointed shall hold office until December 31st
next following the next general election and at such election a person
shall be elected to hold office for the remainder of any unexpired
term.
(Repealed and added Election 11/8/94 effective 5/22/95)
No recall proceeding shall be commenced against an incumbent
Councilmember or Mayor if the affected Councilmember or Mayor:
(a) Has
held office during the current term for a period of less than six
calendar months, or,
(b) Has
had a recall election determined in his/her favor within the past
12 calendar months, or
(c) Has
six calendar months or less remaining in his/her term of office.
(Amended Election 11/8/88 effective 1/3/89)
No person who has been recalled from an elective office, or
who has resigned from such office while recall proceedings were pending,
shall be appointed to any office within one year after such recall
or resignation.
(Amended Election 11/8/94 effective 5/22/95)
The City Council may by ordinance make such further regulations
as may be necessary to carry out the provisions of this article.
(Amended Election 11/8/94 effective 5/22/95)