§ 1. Officers subject to recall; petition and objections thereto.  


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  • (a)

    The mayor and other members of the city council may be removed from office by recall. If more than one member of the city council is sought to be recalled at the same time, a separate petition shall be required for each member sought to be recalled.

    (b)

    All petitions for the recall of any member of the city council shall be instituted by filing with the city secretary a verified written petition requesting the removal of such officer. The grounds for removal shall be specified in the petition which shall be signed by the qualified electors of the city in number not less than twenty-five percent (25 %) of the total votes cast at the last preceding regular biennial election for mayor. The signers of said petition shall set opposite their respective names, their residential address and also state the day, month and year when such signature was affixed. Such petition shall be verified by one of the signers thereof who shall state in such verification that the statements made in such petition are true and that each signature made thereto was made in the presence of the affiant on the day and date it purports to be made and is the genuine signature of the name of the person it purports to be. The petition may consist of one or more papers circulated separately and each paper so circulated must be verified by one of the parties who signed the petition paper so verified. All papers and documents comprising a single petition shall be filed with the city secretary on the same day and the secretary shall immediately notify in writing the officer or officers sought to be removed.

    (c)

    Within ten days after the filing of the petition, the incumbent whose removal is requested may file with the city secretary written objections to the sufficiency of such petition, and such petition cannot thereafter be contested upon any objection not so filed. Objections shall be limited to the number of signers being insufficient, the genuineness of the signatures, the fact that parties signing are not qualified voters of the city, or that the grounds for removal fail to allege any ground recognized by state law as sufficient grounds for removal of an office holder. If written objections are timely filed, the city council shall, within five days after such objections are filed sit as a body and hear and determine the sufficiency of the objections. If no objections are sustained, the council shall order a recall election to be held. If any objections shall be sustained for failure of the petition to allege any valid cause for removal of office holders under state law, it shall be necessary for said petition to be recirculated and signed anew. If the sustained objections go to the number of signers, the genuineness of the signatures, or the fact that parties signing are not qualified voters of the city, then said petition shall be dismissed and the parties may immediately reinstitute a recall petition.

    (d)

    The city council shall serve and act upon all such charges and a majority of the votes of those members of the council acting upon the sufficiency of the petition shall control. If a recall petition alleges a ground recognized by state law as a valid ground for removal of an office holder, and the petition shall contain a sufficient number of valid signatures, the council shall order the election and it shall be the duty of each member of the council to vote to order and call such election.