The electors shall have the power to remove from office by a recall election any elected officer of the Municipality. If an elected officer shall have served six (6) months of the term, a form of petition demanding the officer's removal may be filed with the Clerk of Council, who shall note thereon the name and address of the person filing the petition and the date of such filing, and deliver to such person a receipt and attach a copy thereof to the petition.
This petition may be circulated in separate parts, but the parts shall be bound together and filed as one instrument. Each part shall contain the name and office of the person whose removal is sought and a statement in not more than two hundred (200) words of the grounds for the removal. Such petition shall be signed by at least that number of electors which equals twenty-five percent (25%) of the total number of electors who voted at the most recent gubernatorial election in the applicable area of the Municipality from which the elected officer was elected.
Within ten (10) days after the day on which the petition has been filed, the Clerk of Council shall determine whether or not it meets the requirements hereof. If the Clerk of Council shall find the petition insufficient, the Clerk shall promptly certify the particulars in which the petition is defective, deliver a copy of the certificate to the person who filed the petition and make a record of such delivery. The petitioner has a period of twenty (20) days after delivery of said certificate to make the petition sufficient. If the Clerk of Council shall find the petition sufficient, the Clerk shall promptly so certify to the Council, shall deliver a copy of such certificate to the officer whose removal is sought, and shall make a record of such delivery.
If such officer does not resign within five (5) days after delivery of the certificate, the Council shall fix a day for holding a recall election, not less than sixty (60) days nor more than seventy-five (75) days after the date of such delivery.
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 the question. If a majority of the votes cast at such election are affirmative, such officer shall remain in office. If a majority of the votes cast are negative, such officer shall be considered removed, and the office shall be declared vacant. 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. (Amended 11-2-10; 11-3-20)