The electors shall have the power to remove from office by a recall election any member of Council of the Municipality in the manner herein provided. If any member shall have served six (6) months, a petition demanding removal may be filed with the Director of Finance, 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 therefor and attach a copy thereof to said petition. Such petition may be circulated in separate parts, but the separate 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 per cent (25%) in number of the electors voting at the last preceding regular Municipal election. A petition is not valid after ninety (90) days from the date of the first signature. The petition shall comply with the general laws of the State, unless otherwise provided by this Charter. Within thirty (30) days after the day on which such petition shall have been filed, or refiled in response to a determination of insufficiency, the Director of Finance shall determine whether or not it meets the requirements hereof. If the Director of Finance shall find the petition insufficient, the Director of Finance shall promptly certify the particulars in which the petition is defective, deliver a copy of such certificate to the person who filed the petition, and make a record of such delivery. Such person shall be allowed a period of ten (10) days after the day on which such delivery was made in which to make the petition sufficient. If the Director of Finance shall find the petition sufficient, the Director of Finance shall promptly so certify to Council, shall deliver a copy of such certificate to the member whose removal is sought, and shall make a record of such delivery. If such member shall not resign within five (5) days after the day on which such delivery shall have been made, an election shall be held at the next primary or general election occurring more than ninety days from the date of the finding of sufficiency of the petition. At such recall election, this question shall be placed upon the ballot: "Shall (naming the member) be allowed to continue as a member of Council?", with the provision on the ballot for voting affirmatively or negatively, and in the event a majority of the vote is negative such member shall be considered as removed, such office shall be deemed vacant, and such vacancy shall be filled as provided in this Charter. The member removed at such recall election shall not be eligible for appointment to the vacancy created thereby. If the member is not removed at such recall election, no further recall petitions shall be filed against the member for a period of one (1) year following such election.
(Amended November 2, 2010) (Amended November 3, 2020)