Any elected city official shall be subject to recall and removal from office by the qualified voters of the city for any of the following reasons:
(1) 
Incompetency;
(2) 
Official Misconduct; or
(3) 
Malfeasance.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Charter Am. adopted 5/11/2021)
Before the question of recall of such officer shall be submitted to the voters, a petition setting forth the reason for recall, as provided in Section 9.01, shall first be filed with the city secretary. The petition shall be signed by registered voters of the city equal in number to at least thirty percent (30%) of the number of votes cast in the last regular municipal election of the city, but in no event less than 500 such petitioners.
For a petition signature to be valid, a petition shall contain the signer's personal signature in ink or indelible pencil; the signer's printed name; the signer's voter registration number and county of registration; the signer's residence address; the date of signing; and date of birth.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Charter Am. adopted 5/11/2021)
The recall petition must be addressed to the council of the City of Carrollton. The signature shall be verified by oath in the following form:
"State of Texas
County of __________
I, _____, being first duly sworn, on oath depose and say that I am one of the signers of the above petition; and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and that the same is the genuine signature of the person whose name it purports to be.
Sworn and subscribed to before me this _____ day of _____, 20_____.
Notary Public in and for the State of Texas"
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Charter Am. adopted 5/11/2021)
The petition may consist of one or more copies, or subscription lists, circulated separately, and the signatures thereto may be upon the paper or papers containing the form of petition, or upon other paper attached thereto. Verifications provided for in Sec. 9.03 may be made by one or more petitioners, and the several parts of copies of the petition may be filed by different persons; but no signatures to such petition shall remain effective or be counted which were placed thereon more than forty-five (45) days prior to the filing of such petition with the city secretary. All papers comprising a recall petition shall be filed with the city secretary on the same day, and the city secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to his/her Carrollton address.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
Within twenty (20) days after a petition is filed, the city secretary shall determine whether such petition is signed by a sufficient number of registered voters, and whether it has a proper verification. After completing the examination of the petition, the city secretary shall certify the result to the council at its next regular meeting. If such petition is insufficient, the city secretary shall set forth in the certificate the particulars in which it is defective and shall notify the person who filed it of the findings.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
A petition may be amended at any time within ten (10) days after the notice of insufficiency has been received, by filing a supplementary petition signed and filed as provided in the case of an original petition. The same procedures of examination and certification shall be followed by the city secretary as in the case of an original petition. The findings of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
The officer whose removal is sought may, within five (5) days after such recall petition has been presented to the council, request that a public hearing be held. In this event, the council shall order such public hearing to be held, not less than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998)
If the officer whose removal is sought does not resign, then it shall become the duty of the council to order an election on the next uniform Election Day.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Charter Am. adopted 5/11/2021)
Ballots used at recall elections shall conform to the following requirements:
(1) 
With respect to each person whose removal is sought, the question submitted shall be:
"Shall _____ be removed from the office of _____ by recall?"
(2) 
Immediately below each such question there shall be printed the following words, one above the other, in the order indicated:
"Yes"
"No"
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
If a majority of the votes cast at a recall election shall be "No" (against the recall of the person named on the ballot) the person shall continue in office for the remainder of the unexpired term, subject to recall as before. If a majority of the votes cast at such an election be "Yes" (for the recall of the person named on the ballot) the person shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy be filled as vacancies in the council are filled, as provided in this Charter for filling vacancies in the council.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
No recall petition shall be filed against any officer of the city within three (3) months after an election for such officer's recall, nor within six (6) months before the expiration of his/her elected term.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998)
Registered voters of the city may initiate legislation with the exception of ordinances or resolutions appropriating money, levying taxes, granting franchises and affecting zoning, by submitting a petition addressed to the council which requests the submission of a proposed ordinance or resolution to a vote of the registered voters of the city. Said petition must be signed by registered voters of the city equal in number to thirty percent (30%) of the number of votes cast at the last regular municipal election of the city, or five hundred (500), whichever is greater, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed, verified, filed, examined, certified and amended in the manner provided for recall petitions. The petition may consist of one (1) or more copies as permitted for recall petitions. Upon presentation of the petition to the city and a draft of the proposed ordinance or resolution, it shall become the duty of the council, within a reasonable time not to exceed thirty (30) days after the receipt thereof, to pass and adopt such ordinance or resolution without alteration as to meaning or effect in the opinion of the persons filing the petition, or to call a special election, to be held at the next available uniform election date, at which the qualified voters of the City of Carrollton shall vote on the question of adopting or rejecting the proposed legislation.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Charter Am. adopted 5/11/2021)
Registered voters of the City of Carrollton may require that any ordinance or resolution, with the exception of ordinances or resolutions appropriating money, levying taxes, granting franchises or affecting zoning, passed by the council be submitted to the voters of the city for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of said ordinance or resolution. Said petition must be signed by registered voters of the city equal in number to thirty percent (30%) of the number of votes cast at the last regular municipal election of the city, or five hundred (500), whichever is greater, and each copy of the petition shall have attached to it a copy of the referred ordinance or resolution. Said petition shall be signed, verified, filed, examined, certified, and amended in the manner provided for recall petitions. The petition may consist of one (1) or more copies as permitted for recall petitions. Upon presentation of the petition to the city the council shall immediately reconsider such ordinance or resolution and, if it does not entirely repeal the same within a reasonable time not to exceed thirty (30) days after receipt, shall submit it to popular vote as provided in Section 9.12 of this Charter. Pending the holding of such election, such ordinance or resolution shall remain in effect.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Charter Am. adopted 5/11/2021)
The council, upon its own motion and by a majority vote of its members, may submit to popular vote at any election for adoption or rejection any proposed ordinance, resolution, or measure. Further, the council may submit to popular vote the repeal of any existing ordinance, resolution, or measure, in the same manner and with the same force and effect as provided for submission on the petition.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Charter Am. adopted 5/11/2021)
The ballots used when voting upon such proposed and referred ordinances, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words:
"For the Ordinance" and
"Against the Ordinance" or
"For the Resolution" and
"Against the Resolution"
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
The city secretary shall publish at least once in the official newspaper of the city the proposed or referred ordinance or resolution in accordance with State law, and shall give such other notices and do such other things relative to such election as are required in general municipal elections or by the ordinance or resolution calling said election.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Charter Am. adopted 5/11/2021)
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order of the council. If a majority of the qualified voters voting on any referred ordinance or resolution or measure shall vote in opposition thereof, it shall thereupon, or at any time fixed therein, be repealed and of no force or effect.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998)
If the provisions of two (2) or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
(Adopted by electorate, 9/19/1961)
No ordinance or resolution which may have been passed by the council upon a petition or adopted by popular vote under the provisions of this article shall be repealed or amended, except by the council in response to a referendum petition or by submission as provided in this Charter.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
The council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this article consistent herewith.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)