208. – Recall.
The mayor and members of the city council may be removed from office by recall, provided that recall may not be initiated during either the first six (6) months or the last year of an incumbent’s term. The procedure to accomplish removal by recall shall be as follows:
- A declaration of intent to petition for recall shall be filed with the city clerk; in seeking recall of the mayor said declaration shall include the signatures of one thousand (1,000) qualified city electors, or in the case of members of the city council shall include the signatures of three hundred (300) qualified electors of the ward from which such member was elected;
- Within one hundred twenty (120) days of the presentation of said declaration, a written petition demanding the removal of the mayor or member of the city council shall be filed with the city clerk. When removal of the mayor is demanded, said petition shall include the signatures of fifteen (15) per cent of all qualified city electors, provided that no more than fifteen (15) per cent of the total signatures thereon may be from any one ward of the city. When removal of a member of city council is demanded, said petition shall include the signatures of twenty (20) per cent of the qualified electors of the ward from which such member of city council was elected. The signatures on any recall petition provided for in this subsection may be on separate papers, but to each separate paper there shall be attached a signed statement of the circulator thereof, who states therein under oath, that each signature appended to said paper was made in the presence of the circulator. All such papers comprising a recall petition may be bound together and filed as one instrument at one time, or may be filed at different times as separate papers; provided, however, that all such separate papers must be filed within the time limit set in this subsection.
- The city clerk shall refer said petition forthwith to the board of canvassers which shall within ten (10) days from the date of the filing of such petition examine it and shall from the voters registered determine the sufficiency thereof and certify the results to the city council forthwith; if the examination shows that the petition contains the requisite number of signatures, the city council shall order and fix, forthwith, a date for holding an election, which date shall not be less than thirty (30) nor more than sixty (60) days from the date that the
board of canvassers certified the petition as sufficient;
- Each ballot at such election shall have printed thereon the following question: “Shall (name of person) be removed from the office of (name of office)?” Immediately following such question, there shall be printed on the ballot the following two (2) propositions in this order:
- In any such election, if a majority of the votes cast on the question of removal is affirmative, the person whose removal is sought shall thereupon be deemed removed from office as of certification of the results by the board of elections.
- The city council may, through ordinance, make other and further regulations for carrying out the provisions of this section not inconsistent herewith.