Ord 2006-036 - Laserfiche WebLink

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I I I Election 2006 - Final Sec. 6.06. Power of recall. (a) The people of the city reserve the power to recall any elected officer of the City of San Marcos and may exercise such power by filing with the city clerk a petition demanding the removal of the officer, signed by at least ten per cent of the qualified voters of the city. (b) The recall petition shall be on a form approved by the city clerk. Any recall petition form supplied by the city clerk shall be valid for 45 days from the date of its issuance and the expiration date and time shall be noted on the petition form by the city clerk at the time of its issuance. All such forms must be returned to the city clerk before their respective expiration dates in order to be eligible to be verified and certified by the city clerk. Sec. 6.07. Recall election. The provisions regulating examination, certification and amendment of initiative petitions shall apply to recall petitions. If the petition is certified by the city clerk to be sufficient, the council shall order and hold an election to determine whether such officer shall be recalled. The election shall be held on the date next authorized by state law for municipal elections which is at least 62 days after certification of the petition calling for the recall election. Sec. 6.08. Results of recall election. If a majority of the votes cast at a recall election shall be against removal of the council member named on the ballot, that council member shall continue in office. If the majority of the votes cast at such election be for the removal of the council member named on the ballot, the council shall immediately declare that member's office vacant and such vacancy shall be filled in accordance with the provisions of this Charter for the filling of vacancies. A council member thus removed shall not be a candidate in an election called to fill the vacancy thereby created. Sec. 6.09. Limitation on recall. No recall petition shall be filed against a council member within six months after taking office, and no council member shall be subjected to more than one recall election during a term of office. Sec. 6.10. Examination and certification of petitions. (a) Within 45 days after an initiative, referendum or recall petition is filed, the city clerk shall determine whether the petition is properly signed by the requisite number of qualified voters. The city clerk shall use the standards and procedures described in state law to make this determination. 9