Friday, April 7, 2017

Recall of elected officials. Sent By Reader

§ SC6-13. - Recall of elected officials.
The Mayor or a member of the City Council may be recalled from office (removed) in accordance with the following procedure:
A.
Definitions. The following words and phrases shall have, for the purposes of this subsection, the following meanings:
(1)
"Circulator" means a qualified registered voter of the City who obtains signatures of those voters who wish to sign a petition to recall a City Official.
(2)
"City Official" means a person who is serving as the Mayor or a member of the City Council.
(3)
"Initiator" means a qualified registered voter of the City who initiates a petition to recall a City Official.
(4)
"Petition" means a petition to recall a City Official.
(5)
"Reaffirmation Vote" means an election following the submission of a successful recall petition to determine if a City Official will be "reaffirmed" or "removed" from office.
(6)
"Recalled Official" means a City Official who has been removed following a reaffirmation vote, but has not been unseated by a special election.
(7)
"Signatory" means a qualified registered voter of the City who signs a recall petition to recall a City Official.
(8)
"Special Election" means an election following a reaffirmation vote where the majority vote is to "remove" a City Official.
B.
The citizens of the City of Salisbury who are qualified registered voters shall have the right to recall the Mayor, or any Councilmember from their respective district, and remove them from office. The initiator(s), circulator(s) and signatory(s) of a recall petition shall be qualified registered voters, as defined in § SC6-1 of the City Charter, in the City Official's district at the time of the filing of the recall petition.
C.
A letter of intent, signed by the initiator of the recall, containing the printed name and residence address of the initiator shall be submitted to the City Clerk stating the name and title of the official to be recalled and the reason(s) for recall as described in "E" below. The initiator must be eligible to vote for the office of the City Official they seek to recall. The City Clerk will prepare the petition form and, after review and approval of the City Solicitor, submit the petition to the initiator within seven (7) days after approval of the City Solicitor.
D.
Within 90 days from the initiator's receipt of the recall petition form from the City Clerk, a petition signed by at least thirty percent (30%) of the qualified registered voters of the City of Salisbury in the case of the Mayor and thirty percent (30%) of the qualified registered voters of the Councilmember's district in the case of a Councilmember must be presented to the Mayor and City Council at a regular Council meeting stating a desire to have the named City Official subjected to reaffirmation by a vote of the electorate. In the case of the Mayor, the vote of the full City electorate will apply. In the case of a Councilmember, the vote of the Councilmember's(s') district electorate will apply. A petition shall contain the name of only one (1) City Official. Signatory(s) of the petition shall sign the petition as their names appear on the City election records and under such signature shall be typed or printed each Signatory's name, address, the district in which he or she votes in City elections and the date the petition was signed. At the bottom of each page of the petition, the Circulator shall sign the petition page and make an affidavit before a notary public that he or she is a registered voter of the City of Salisbury, circulated the petition and witnessed each Signatory whose name appears thereon execute the same in his or her presence.
E.
The petition shall state specifically the reason(s) for recall of the Mayor or, as the case may be, a Councilmember which shall be for one (1) or more of the following reasons:
(1)
Failure to uphold the oath of office.
(2)
Nonfeasance while in office. (Nonfeasance is defined as "the omission of an act which a person ought to do").
(3)
Misfeasance while in office. (Misfeasance is defined as the "improper doing of an act which a person might lawfully do").
(4)
Malfeasance while in office. (Malfeasance is defined as "the doing of an act which a person ought not to do at all").
F.
A Signatory who has signed a recall petition who wishes to withdraw his or her name from the petition may file a written notarized request with the City Clerk no later than the day before the petition is presented to the Mayor and City Council.
G.
The Initiator shall submit a financial report to the City Clerk. The Initiator of a recall shall appoint a treasurer who shall have the responsibility of maintaining a detailed, full and accurate account of the contributions, monies, loans, in-kind services (including personal contributions, loans and monies), the date each contribution was received, and the name and address of each contributor. Contributions by an individual or entity shall not be in excess of $250.00. The report shall also contain a detailed record of all disbursements made by the initiator for the recall effort.
The financial report shall be submitted fifteen (15) days prior to filing a recall petition with the Mayor and Council. A final report shall be submitted no later than thirty (30) days after the special election. If the recall effort is deemed unsuccessful (insufficient number of signatures), the final report shall be submitted ten (10) days after the announcement of the verification results.
H.
Upon receipt of a petition, the Mayor and Council shall forward the petition to the City Board of Election Supervisors and the City Clerk for verification of the appropriate number of qualified registered voters' signatures, addresses and districts. In addition to the computer verification program, a random sampling of ten percent (10%) of the signatures shall be compared with their voter registration cards. The Board and the City Clerk shall return said petition with their written findings as to required Signatory(s), addresses and districts to the Mayor and Council at the Council meeting following the expiration of thirty (30) calendar days; and at its meeting, if the petition is authenticated, the Mayor and Council shall announce that (1) within thirty (30) days a public hearing will be held on the petition to allow the initiator and the official being recalled an opportunity to speak; and that (2) within forty-five (45) days of the authentication, a reaffirmation vote shall be held in order to allow, in the case of a Mayor, all qualified registered voters of City to vote on the petition and, in the case of a Councilmember, all qualified registered voters of his or her district to vote on the petition.
I.
The voting ballot will contain the official's name and the choice of "reaffirm" or "remove". If the majority vote is to "remove" the City Official, the City Official shall be removed from office upon the certification of Special Election results and swearing in of his or her successor following a Special Election.
J.
Once the results of the reaffirmation vote are certified and the majority vote is to "remove" the City Official, a special election will be held within forty-five (45) days of the certification. Candidates who wish to have their name placed on the ballot to replace the recalled official shall file a Certificate of Nomination with the City Clerk within fifteen (15) days. Candidates seeking office must qualify as per § SC2-2 of the City Charter and file a campaign financial report as described in Chapter 1.12 of the Salisbury Municipal Code. The first campaign financial report shall be submitted to the City Clerk no later than ten (10) days prior to the special election and a final financial report no later than thirty (30) days after the Special Election.
K.
Special Election.
(1)
No person shall be a candidate for any office unless he or she shall file a Certificate of Nomination with the City Clerk on or before 4:30 p.m. on the fifteenth (15th) day after the reaffirmation vote is certified with a majority vote to remove the City official.
(2)
Every candidate shall pay the filing fee set forth in § SC6-8 for the office which he or she is seeking.
(3)
In the case of a Mayoral recall, candidates from any district may run for the Office of Mayor.
(4)
In the case of a Councilmember recall, only candidates from the recalled Official's district may run for the Councilmember office.
(5)
If the Recalled Official is the Mayor or a Councilmember, the candidate who receives the most votes in the Special Election shall replace the Recalled Official for the remainder of the official's term.
(6)
If the Recalled Official includes more than one Councilmember from the same district, the candidates receiving the most votes in the special election shall replace the Recalled Officials for the remainder of the Official's term. If the terms are of different duration, the candidate receiving the most votes shall replace the official with the longest remaining term in office.
(7)
Nothing in this subsection shall prohibit an official being recalled from being a candidate in the special election.
(8)
Except as set forth herein, the voting will be conducted in the same manner as prescribed herein for regular City elections. [Added 11-8-93 by Res. No. 438; amended 9-27-04 by Res. No. 1153; renumbered and amended 1-10-00 by Res. No. 688]
This is the Salisbury code for a recall. Can you put this on your blog? It exceeds the character max for a comment. Thanks!!

5 comments:

Anonymous said...

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4 mins ·
Salisbury, Maryland
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Anonymous said...


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Anonymous said...

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