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The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every paper shall make an affidavit, that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form:
“RECALL PETITION
“proposing the recall of from their office as ________________________ recall is sought for the reasons set forth in the attached certificate. This recall is sponsored by the following committee of qualified electors.
Name Address
1. ______________________________________________ ______________________________________________
2. ______________________________________________ ______________________________________________
3. ______________________________________________ ______________________________________________
“The undersigned electors qualified to vote for the office designated, understanding the officer herein sought to be recalled, desire the holding of a recall election tor that, purpose.
Name Address
1. ______________________________________________ ______________________________________________
2. ______________________________________________ ______________________________________________
3. ______________________________________________ ______________________________________________
At the end of the list, of signatures shall be appended the affidavit of the circulator.
(Ord. 556, passed 6-27-2016)
Within thirty (30) days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The number of signers required shall be thirty per cent (30%) of the total number of electors qualified to vote for the office designated in the petition who cast their vote in the last preceding presidential year general election. The city clerk shall examine the petition within the next five (5) days and if the clerk finds it insufficient or irregular in any way, they shall so notify one or more members of the committee. The committee shall then be given ten days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the city clerk finds the petition still insufficient or irregular, the clerk shall notify all the members of the committee to that effect and shall file the petition in the clerk's office. No further action shall be taken thereon.
(Ord. 556, passed 6-27-2016; Ord. 558, passed 7-11-2016)
If the petition or amended petition is found sufficient, the city clerk shall transmit it to the council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than thirty (30) nor more than forty-five (45) days after such meeting, but if any other election is to occur within sixty (60) days after such meeting, the council may in its discretion provide for the holding of the recall election at that time.
The city clerk shall include with the published notice of the election the statement of the grounds for the recall and also, in not more than five hundred words, the answer of the officer concerned in justification of their course in action. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections.
(Ord. 556, passed 6-27-2016)
Unless the officer whose removal is sought resigns within ten days after the receipt by the council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall be recalled?", the name of the officer whose recall is sought being inserted in the blank, and the electors shall be permitted to vote separately "Yes" or "No" upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy in case the recall is successful under the caption "Candidates to fill the place of , if recalled"; but the officer whose recall is sought shall not themselves be a candidate upon such ballot. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office, and the candidate who receives the highest number of votes for their place shall be elected thereto for the remainder of the unexpired term. If the officer sought to be recalled resigns within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same, as nearly as possible, as the form in use at a regular municipal election.
(Ord. 556, passed 6-27-2016)