SECTION 12.03.01. METHOD OF RECALL.

   A petition demanding the removal of any elective officer and the election of a successor to his/her office may be filed with the Clerk of Council.

   Such petition shall comply with the provisions of Section 12.04 and 12.04.01 of this Charter, and shall be signed by such number of registered electors of the municipality as shall equal at least twenty percent (20%) of the total votes cast in the last Bedford Heights Mayoral election and in the case of a ward Council member at least twenty percent (20%) of the total number of voters who cast ballots to vote in such ward at the last preceding general municipal election.

   Within twenty (20) days from the date of filing such petition, the Clerk of Council shall determine the sufficiency thereof. If the Clerk of Council shall find the petition insufficient, he/she shall promptly certify the particulars in which the petition is defective and deliver a copy of his/her certificate to the person who filed the petition with him/her, and such person shall be allowed twenty (20) days from the delivery of such copy of certificate in which to make the petition sufficient.

   If the Clerk of Council shall find the petition sufficient, he/she shall promptly so certify to the Council and to the officer whose removal is sought and, if the officer does not resign within five (5) days thereafter, the Council shall thereupon order and fix a day for holding a recall election, not less than seventy-five (75) days nor more than one hundred-twenty (120) days from the date of the Clerk of Council's certificate of sufficiency.

   At such recall election, this question shall be placed upon the ballot: "Shall (naming the officer) be allowed to continue as (naming the office)?", with provisions being made on the ballot for voting affirmatively or negatively on such question. If a majority of the votes cast shall be voted affirmatively, such officer shall remain in office. If a majority of the votes cast at such election shall be voted negatively, such officer shall be considered as removed, the office shall be declared vacant and such vacancy shall be filled as provided in this Charter. The officer removed by such recall election shall not be eligible for appointment to the vacancy created thereby.

(Amended November 4, 2003; November 5, 2019)