§ 27. The Recall.

The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent.

The procedure to effect the removal of an elective officer shall be as follows: A petition signed by electors entitled to vote for a successor of the incumbent sought to be removed, equal in number to at least twenty-five percent of the entire vote cast for all candidates for the office, the incumbent of which is sought to be removed, at the last preceding general city election demanding the election of a successor of the person sought to be removed, shall be filed with the City Administrator and which petition shall contain a general statement of the grounds for which such removal is sought.

The signatures to such petition need not all be appended to one paper, but each signer shall add to his residence the name of the Ward in which he resides.

One of the signers to each of such papers shall make oath before some officer authorized to administer oaths, that the statements therein made are true, and that each signature to such paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Within ten days from the filing of such petition the City Administrator shall examine and from the poll lists of the last preceding general city election ascertain whether or not said petition is signed by the requisite number of electors, and he shall attach to said petition his certificate showing the result of such examination.

If, by the City Administrator's certificate, the petition is shown to be insufficient, it may be amended within ten days from the date of such certificate. The City Administrator shall, within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be insufficient it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect.

If the petition, or amended petition shall be found sufficient, the City Administrator shall submit the same to the City Council at its next regular meeting.

If the petition shall be found to be sufficient the City Council shall order, and fix a date for holding the said election, not less than thirty days nor more than forty days from the date of the City Administrator's certificate to the council that a sufficient petition is filed.

Such election shall be held and conducted under the same rules and regulations, and the same notice thereof shall be given as in other city elections. The successor of any officer so removed shall hold office during the unexpired term of his predecessor.

Any person sought to be removed may be a candidate to succeed himself, and, unless he requests otherwise in writing, the City Administrator shall place his name on the official ballot without nomination.

In any such removal election, the candidate receiving the highest number of votes shall be declared elected.

If, at such election, some other persons than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from office upon qualification of his successor.

In case the party who receives the highest number of votes shall fail to qualify within ten days after receiving notice of his election the office shall be deemed vacant.

If the incumbent receives the highest number of votes he shall continue in office.

Provided that no special election shall be held under this section within ninety days of a general city election.

That any elector of said City may carry on and maintain any appropriate action, in his own name, to enforce any of the provisions of sections 25, 26, and 27, of this chapter, or to enforce the performance of his duties by any officer of the City under said sections.

(Ord. No. 28, 3rd series, eff. 2-17-01; Ord. No. 14, 4th series, eff. 7-31-04)