Sec. 12-165. Notice to officer of issuance of recall petition.

   The city clerk shall notify the officer sought to be removed of the submission of the affidavit and the issuance of a recall petition.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-166. Provisions applicable to recall.

   (a)   The provisions of article VIII of this chapter, "Initiative," insofar as they relate to registered circulators, circulation of petitions, petition signature fraud, procedure for withdrawing signatures, submitting petitions, and examination and certification thereof shall apply to recall petitions.

   (b)   The provisions of article XI of this chapter, "Campaign Finance; Reporting for Political Action Committees Intending to Influence any Petition Drive", shall apply to recall petitions.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-167. Notice of insufficient petition.

   If the certificate shows the petition to be insufficient, the city clerk shall at once notify in writing one (1) or more of the persons designated on the petition as submitting the same. The city clerk shall return the petition to one of the persons designated as submitting it, without prejudice, however, to the submitting of a new petition for the same purpose.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-168. Filing of sufficient petition; notice to officer; statement of defense.

   (a)   When the petition shall be found by the city clerk to be sufficient, the city clerk shall officially file the petition and shall submit the same with the certificate to the mayor and council, without delay, and the mayor and council shall immediately notify the officer sought to be removed pursuant to subsection (b) of this section.

   (b)   Within forty-eight (48) hours, excluding Saturdays, Sundays or legal holidays, of the filing of the recall petition, the city clerk shall give written notice to the person against whom it is filed of the following:

      (1)   The notice shall state that a recall petition has been certified as sufficient, shall set forth the grounds of the recall, and shall notify the person to whom it is addressed that the officer has the right to prepare and have printed on the ballot a statement containing not more than two hundred (200) words defending the person's official conduct.

      (2)   The notice shall also state that if the officer fails to deliver the defensive statement to the city clerk within ten (10) days thereafter, the right to have a statement printed on the ballot shall be considered waived.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-169. Resignation of officer.

   If a person against whom a recall petition is filed desires to resign, the person may do so by filing a written tender thereof with the city clerk within five (5) days after the official filing of the petition. In such event, the person's resignation shall be accepted and effective immediately, and the vacancy shall be filled as provided by law.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-170. Failure to resign; call of election.

   If the officer does not resign within five (5) days after notification by the mayor and council, the mayor and council shall, not less than twenty (20) nor more than thirty (30) days from the date of the city clerk's certificate that a sufficient petition is filed, order an election to be held on the next following consolidated election date pursuant to A.R.S. § 16-204 that is ninety (90) days or more after the order calling the election.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-171. Candidacy of officer sought to be removed.

   An officer sought to be removed shall have their name placed on the official ballot without nomination unless otherwise requested in writing to the city clerk not less than sixty (60) days prior to the election.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-172. Nomination of recall candidates.

   (a)   Candidates seeking nomination during a recall election must meet the qualification requirements pursuant to section 12-64 of this code.

   (b)   In the situation that the incumbent was elected to office, candidates other than the incumbent shall be placed upon the official recall ballot after filing a nomination petition that is signed by a number of qualified electors that is equal to at least two percent (2%) of the total votes cast for all candidates for that office at the last general election.

   (c)   In the situation that the incumbent was appointed to the office, candidates other than the incumbent shall be placed upon the official recall ballot after filing a nomination petition that is signed by a number of qualified electors that is equal to at least one-half of one per cent of the total active registered voters in the City for mayor or in the ward represented by that elective officer as determined on the date of the last general election.

   (d)   Nomination petition signers shall be qualified electors of the city for mayoral candidates and in the ward of the officer against whom the recall petition is filed for council member candidates.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-173. Filing of recall nomination petitions and papers.

   Recall nomination petitions must be filed with the city clerk pursuant to section 12-69 of this code, except that such nomination petitions shall be filed not more than ninety (90) days nor less than sixty (60) days prior to the date of the recall election.

(Ord. No. 11525, § 2, 2-21-18)