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HomeMy WebLinkAboutCOW Agenda Packet 06/07/1995MINUTES COMMITTEE OF THE WHOLE JUNE 139 1995 0 C% MINUTES Acceptance of the Minutes of May 23, 1995. A motion was made by Trustee Corcoran and seconded by Trustee Hoefert to approve the Minutes. Minutes were approved with Trustee Skowron and Clowes abstaining. CITIZENS TO BE HE None. see The Space Study Committee recommends that the firm of Yas/Fischel Partnership be authorized to complete the Village Hall Space Study. It was the consensus of the Board to proceed with a space study of Village Hall. David Strahl reminded the Board the approval of the study does not commit the Board to any specific improvements which might be recommended in the space study. Trustee Skowron asked what the projected turnaround time on the study might be. Stephen Yas, partner of Yas/Fischel Partnershlip explained that the schedule for the study is 9 to 12 weeks. Upon award of the contract or upon receipt of a letter of intent they can start immediately. Therefore, Phase III of the study could be completed by mid-September. Also, some portions of the study can be performed concurrently. .14aAll m W None. . ........ . . . . .. . ..... . ............. . .... Via AMYY OTHER "OUSIXESS Trustee Clowes moved that the Board adjourn into closed session to discuss litigation. Trustee Hoefert seconded the motion. The Board moved into Closed Session at 7.*55 p.m. Closed Session adjourned at .10 p.m. A motion was made by Trustee Skowron and seconded by Trustee Hoefert that the Board appeal the court decision in the case of Village of Mount Prospect v. Continental Bakery. The motion passed. V11. ADJOURNMENT There being no further business, the meeting was adjourned at 8:12 p.m. Respectfully submitted, CATHLEEN R. FREELS Administrative Intern crf/ VILLAGE OF MOUNT PROSPECT FINANCE DEPARTMENT TO: Michael E. Janonis, Village Manager FROM: David C. Jepson, Finance Director DATE: April 7, 1995 SUBJECT: Debt Capacity for Flood Control Projects When the Flood Control Project was approved in 1991, the plan was to phase the overall project so that the first 1/4C, Home Rule Sales Tax would be sufficient to make the principal and interest payments on the debt that would be required to finance the various phases. Since that time, the Village has issued four series of general obligation bonds along with funding from the Illinois Environmental Protection Agency (LEPA) to finance the first five phases of the total project. Additionally, it is expected that three additional bond issues will be required to complete the approved projects included in the original schedule, as revised. The existing bond issues have been structured and the various phases have been scheduled in a way to maintain adequate cash reserves as well as to complete the individual projects as expeditiously as possible. The first two bond issues were relatively short (6 and 8 years), the next bond issue was somewhat longer (12 years) because of the size of the issue, and the fourth issue was for a period of 10 years. The IEEPA funding is for a 20 year period to take advantage of below market interest rates. It 1-2 expected that the three remaining bond issues will be sold in 1996, 1998, and 2001. g The attached schedule shows the Annual Debt Service Requirements and the Estimated Cash Flows for existing debt and the debt that is expected to be used to complete the projects. The schedule shows the estimated cash balance to start each year, estimated revenues for the year, the debt service requirements for each existing and planned debt issue, and the cash balance at the end of each year. The assumptions used for the revenue projections and estimated debt service for the planned bond issues are included in the notes to the schedule. The schedule shows very adequate cash balances through 1999, but then these balances are reduced to minimum levels from 2000 through 2005. The balances then start building again in 2006. The estimated balance at the end of 2006 is $687,655 and, although not shown on the schedule, the year- end balances would grow to about $1,130,000 in 2007 and about $1,800,000 in 2008. The build-up in 2006 and 2007 is the result of the final payment of the 1993E series and in 2008 to the final payment of the 1996 series. Based on the original Plan, the expected balances would build-up dramatically after 2008. Michael E. Jawn-onis Page 2 Debt Capacity for Flood Control Projects As with any projections, there are a number of factors that could affect the amounts on the attached schedule. Revenues may be more or less than anticipated; construction costs are only estimated; and additional ][EPA„ funding could reduce expected debt service costs. However, the amounts represent the best information that is available at this time. The information will need to be reviewed annually and will need to be updated prior to planning the 1998 and 2001 bond issues. If the projections are relatively accurate, the earliest that additional projects could be financed from the first 1/4C- Home Rule Sales Tax is 2004. Wn Cash Balance - Start of Year (1) Revenues (2) Debt Service Requirements Flood Control Projects - MA Flood Control Projects - IMA Flood Control Projects - 199313 Flood Comm[ Projects - EPA (Est) (3) Flood Control Projects - 1994A Flood Control Projects - 1996 (Est) (4) Flood Control Projects - Im (p*) (4) Flood Control Projects - 2001 (Est) (4) Totals VILLAGE OF MOUNT PROSPECT FLOOD CONTROL PROJECTS Annual Debt Service Requirements and Estimated Cash Flows 1997 1999 1999 2000 2001 2002 2003 2004 2005 2006 $1,033,460 $ 980,875 $ 768,995 $ 612,975 $ 275,735 $ 302,575 $ 371,165 $ 229,350 $ 107,710 $ 262,260 31,275,600 51*285,300 51,297,500 51t312,700 $1,329,400 $1,364,400 $1,384,900 51,405o700 $1,426,800 $1,448,200 $ 195,545 $ - $ - $ - $ $ $ g $ • $ $ 435,095 397,210 359,615 342,550 - • - 112,185 306,765 306,820 307,275 309,395 303,895 307,815 306,270 249,445 - 396,855 396,855 396,955 396,855 3%,55 396,855 396,855 396,855 396,955 396,955 189,505 187,700 181,680 185,660 179,210 177,760 196,095 198,265 - • 208t650 208,650 208,650 208,650 208,650 208,650 209,650 208,650 208,650 • - 208,650 208,650 208,650 208,650 209,650 208,650 208,650 1 208.65 2-09,650 LO -8.650 51t328,195 $1,497,180 31t453,620 51*649,640 51,302t760 $1,295,810 $1,526,715 $1,527,340 $1,272,250 $1,022,805 .. . .... .. .... �0- 41 '46 ---------- - ",!W $262,260, W7,653 (1) The Cash Balance 1/1/97 is the estimated amount included in the 1995 (May -December) Budget. (2) Revenues assume the 1/40 Home Rule Sales Tax will increase 1 % per year. (Revenues also includes investment income) (3) The final loan requirement for the Haden Heights Project has been estimated. (4) Estimated Bond issues of $1.5 million in 1996, 1998, and 2001 are included to complete phases VI, VII, and VIII. The interest rate is assumed to be 6.5% with a ten year term for each issue. Interest is capitalized for the year of issue and the first year after issue. Village of Mount Prospect, Illinois Proposed Implementation Schedule for Stormwater Management May '1,1995 Phase 1(1991-92) Clearwater Flooding Area $755,112 - 7-95 10-95 11-95 8-91 9-91 Des Plaines River Backwater Valves 318,803 10-92 10-92 Yes 11-93 12-93 1-93 2-93 pha" I Totals $1,073,915 Phase 11(1992-93) Central/Wapella - SeeGwun/Millburn Flood $3,071,156 $3,071,156 2-92 2-92 Yes 3-92 5-92 5-92 7-92 Phase 111(1993-94) Prospect Manor/North Main Flooding Area $4.055.260 1 10-92 10-92 Yes 11-92 12-92 2-93 3-93 Faftaw Gardens Sanitary Area $656,9661 10-92 10-92 Yes 11-92 12-92 2-93 3-93 Hallen Heights Sanitary Area $1,947,357 10-92 10-92 Yes 11-92 12-92 2-93 3-93 Phase /it Totals $6,659,683 Phase IV (1994-95) 7-92 8-93 1-93 6-94 7-93 12-94 'Stevenson[Thayer Flooding Area $1,029.927 '1 3-94 3-94 3-94 5-94 6-94 7-94 7-94 10-94 SeeGwuri/Millburn Sanitary Area (study only) 34,111 Pending Pending Pending Pending Pending Pending Pending Pending Maple/Berkshire Ranilary (studv ontv) 18,024 Pending Pending Pending Pending Pending Pending Pending Pending Ph*" IV Totals Phase V (1995) Catalpa/Birch Flooding Area 1 1 $251,446 1 1 10-92 1-95 3-95 1 1 3-95 3-95 1 1 4-95 5-95 Phase VI (1996) SeeGwun/Golf Flooding Area 900,500 2-92 5-95 7-95 10-95 11-95 12-95 2-96 SeeGwun/Milburn Sanitary Area (construction) 1,100,000 4-95 5-95 7-95 10-95 11-95 12-95 2-96 phase V/ rold/s $2,000,500 Phase VII (1997) Hallen Heights Flooding Area $1,569,261 10-92 10-96 12-96 1-97 2-97 3-97 4-97 Phase VIII (1998) Weller Creek Erosion Control 195,100 1-98 2-98 4-98 4-98 5-98 5-98 6-98 Malas Park/Crumley Erosion Control 65,100 1-98 2-98 4-98 4-98 5-98 5-98 6-98 Wedgewood Flooding Area 209,700 1-98 2-98 4-98 4-98 5-98 5-98 6-98 -Phase M Totals $469,,900 - $8.660,003 $7,61-1. Protects completed under original bid amount approved. Totals [—GRAND TOTAL $16,177,823 Phase IX (1999-2000) Pending Village Board action Weller Creek Bank Stabilization/Bridge Repairs 8-95 4-96 4-96 10-97 9-98 B-98 9-98 CAF/ 6/21/95 AN ORDINANCE AUTHORIZING A REFERENDUM QUESTION TO BE PLACED ON THE BALLOT OF THE NOVEMBER7,1995 NONPARTISAN ELECTION WHEREAS, the Village of Mount Prospect is a home rule municipality, as provided in Article V11, Section 6 the Constitution of the State of Illinois; and WHEREAS, as a home rule municipality, the President and Board of Trustees of the Village of Mount Prospect have determined that a referendum question should be presented to the voters of the Village of Mount Prospect as to whether Mount Prospect should establish a Recall Ordinance for officials elected to the positions of Mayor and Village Trustee of the Village of Mount Prospect; and WHEREAS, the Nonpartisan Election will be held on November 7, 1995 and the President and Board of Trustees of the Village of Mount Prospect have determined that a question should be submitted to the voters of the Village of Mount Prospect as to whether such a Recall Ordinance should be established; and WHEREAS, the President and Board of Trustees have prepared a proposed Ordinance establishing the procedures necessary for Recall, which proposed Ordinance is available for viewing in the Office of the Village Clerk during regular business hours. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTIO 0,.NE- That the following question be submitted to the electors of the Village of Mount Prospect, Cook County, Illinois at the Nonpartisan Election to be held November 7, 1995: Shall the Village Board of Mount Prospect YES establish procedures permitting the Recall of officials elected to the office of Mayor and Village Trustee of the Village of Mount Prospect? NO SECTION" TWO:. That the Village Clerk of the Village of Mount Prospect is hereby directed to file a certified copy of this Ordinance with the Cook County Clerk and, within the time authorized by law, certify the public question to be submitted to the voters of the Village of Mount Prospect at the aforesaid Nonpartisan Election on November 7, 1995. SECT',1O,N THREE, -."That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by laws. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 1995. Gerald L. Farley, Village President ATTEST: Carol A. Fields, Village Clerk 42 0 43 i-*-.! or (luting I of the con- iornber of the kins from vot- 'nember shall "Aablishing a rote of those hills to the the contract irded without rid ise the aggre- to the same ttion, or coop - exceed X25, - cation (b), an body and any ,r commission . senices, or )v a majority aty (provided tember of the abstain from xceed $2,000; --;e the aggre- to the same don, or coop- xceed $4,000; ember of the iely discloses -e or during I of the con - ember of the ins from vot- nember shall ,Aablishing a x utility ser- mpany is not nbers of the Of the public A in no more �r an owner - g a population are approved ,ected or ap- iongoverning i1bed in this -st under this ly of a Class officer so leclared as ,r the restrie- all preclude a 1-inancial ser - i savings and MUNICIPALITIES loan association, regardless of whether a member of the governing body or a nongover-ning board or commission of the municipality is interested in the bank or savings and loan association as an officer or employee or as a holder of less than 7�_% of the total ownership interest. A member holding an interest described in this subsection (f) in a contract does not hold a prohibited interest for purposes of this Act. The interested member of the governing body or a nongoverning board or commission must publicly state the nature and extent of the interest during deliberations concerning the proposed award of the contract but shall not participate in any further deliberations concerning the proposed award. The interested member shall not vote on the proposed award. A member abstaining from participation in delibera- tions and voting under this Section may be considered pres- ent for purposes of establishing a quorum. Award of the contract shall require approval by a majority vote of those members presently holding office. Consideration and award of a contract in which a member is interested may only be made at a regularly scheduled public meeting of the govern- ing body of the municipality. (g) Notwithstanding any other provision of this Section or any other law to the contrary, until January 1, 1994, a member of the city council of a municipality with a popula- tion under 20,000 may purchase real estate from the munici- pality, at a price of not less than 100% of the value of .he real estate as determined by a written MAI certified appraisal or by a written certified appraisal of a State certified or licensed real estate appraiser, if the purchase is approved by a unanimous vote of the city council members then holding office (except for the member desiring to purchase the real estate, who shall not vote on the question). Laws 1961, p. 576, § 3.1-55-10, added by P.A. 87-1119, § 2, eff. May 13, 1993. Amended by P.A. 8845, Art. II, § 2-27, eff. July 6, 1993; P.A. 88-572, § 20, eff. Aug. 11, 1994. Formerly III.Rev.Stat., ch. 241 T3.1-55-10. For purpose of P.A. 87-1119, see Historical and Statutory Notes following 65 ILCS 513.1-5-5. by P.A. 88-45a 3.1-55-15. Misconduct mow M, 1" 5, c, 0 1 u� %,try onduct, Every municipal officer who is guilty of a culpable omission of duty, or who is guilty of willful and corrupt oppression, malconduct, or misfeasance in the discharge of the duties of office, shall be guilty of a business o(Tense and, on conviction, shall be fined not less than $501 nor more than $1,000. The court emteri�ng the. conviction shall enter an order removiii 'Con ,g TF vict6d _OffiLer Irorft Or: lce. Laws 1961, p. 576, § 3.1--55-15, added by PA 87-1119, § 2, eff. May 13, 1993. Formerly Ill.Rev.Stat., ch. 24, $ 31-55-15. For purpose of P.A. 87-1119, see Historical and Statutory Notes following 65 ILCS 5/3.1-5-5. 5/3.1-555-20. Appeal to finance committee 3.1-55-20. Appeal to finance committee. In the adjust- ment of the accounts of the municipal collector or municipal tre,&;urer with the municipal clerk or municipal comptroller, it' there is one, there shall be an appeal to the finance VOrnmittee, of the corporate authorities, whose decision in all r4atters of controversy arising t*tween these officems shall be r1rial unless the corl)orate authorities, provide otherwihse. Laws, t961, p. -576, § 3.1-5.5-20, added by P.A. 87-1119, § 2, "luy 1:1, 1,911,13. 65 ILCS -5)/4-1-2 Formerly III.Rev.Stat., ch. *24, T 3.14 -20. For purpose of P.A. 87-1119, see Historical and Statutory Notes following 65 ILCS 5/3.1-5-5. ARTICLE 4. COMMISSION FORM OF GOVERNMENT Division 1. General Provisions 2. Organization 3. Election of Officers 4. Oaths and Bonds 5. Functions and Duties of Council and Officers 6. Compensation of Officers 7. Removal of Officers 8. Penalties 9. Miscellaneous Provisions 10. Abandonment of Commission Form DIVISION 1. GENERAL PROVISIONS Section 5/4-1-1. Short title. 5/4-1-2. Definitions. 5/4-1-3. Cities and villages already under commission form. 5/4-1-4. Application of Article 3. 5/4-1-1. Short title § 4-1-1. This article shall be known, may be cited, and is hereafter designated as "The Commission Form of Municipal Government." Laws 1961, p. 576, § 4-1-1, eff. July 1, 1961. Formerly III.Rev.Stat.1991, ch. 24, "[14-1-1. 5/4-1-2. Definitions § 4-1-2. Definitions. In this Article, unless the context otherwise requires: (a) Any office or officer named in any act referred to in this Article, when applied to cities or villages under the commission form of municipal government, means the office or officer having the same functions or duties under this Article or under ordinances passed by authority of this Article. (b) "Commissioner", "alderman", or "village trustee" means commissioner when applied to duties under this Arti- cle. (c) "City council", "board of trustees", or "corporate au- thorities" means "council" when applied to duties under this Article. (d) "Franchise" includes every special privilege or right in the streets, alleys, highways, bridges, subways, viaducts, air,, waters, public places, and other public property that does not belong to the citizens generally by common night, whether granted by the State or the 4Y or village. (e) "City" includes village. (f) "Municipal" or "municipality" means either city or vil- lage. (g) "Treating" means the entertaining of a person with food, drink, tobacco, or drugs. Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMO TO: MAYOR GERALD FARLEY & BOARD OF TRUSTEES FROM: GEORGE A. CLOWES DATE: JANUARY 241 1995 SUBJECT: PROPOSED RECALL ORDINANCE Since I believe that elected officials should be subject to recall only "for cause," I suggest the following restrictions be added to the recall ordinance currently under consideration: Recall of an elected official may be initiated only on the following grounds: 1. Non -Attendance: If an elected official is absent from either (a) all regularly scheduled Board Meetings during any consecutive three-month period, or (b) ten regularly scheduled Board Meetings during any 12 -month period, then that official is subject to recall on the grounds of non-attendance. 2. tin ng,Regord: The affirmative votes, or a single affirmative vote, of an elected official may be used as the basis for recall on the grounds of disagreement. 3. Abuse of the Office: If the conduct of an elected official is such that he or she is the subject of a resolution of admonishment approved by a majority of the corporate authorities, then that official is subject to recall on the grounds of abuse of the office. Recall of an elected official may not be initiated until he or she has been elected with this recall provision in place. George A. Clowes Am--rican Digest Svstem Grounds, for removal a! -Twnic!pal of- Removal, �)f rnumticpzl officers; Pr0, N. ficcri Sep, 'Municipal Crr?orancr.5 ctddin; and rdview in ScMralo se*- po 156. ManII:ipal Corrmlons A mode of removal cif municipal Officers in genera i, see *v,:ur.jcipa! Coi-pora- "A Grounds for r-..TrC,,,:A-1 MV-1iCloal of. Rtmoyal Qf z,nn icipsl oicer t;rem fi cers, sce CiI.S. Muniripal CwPora- set %41 XIIpa'I ticr's § SO&§ 516, Prr4e.,,eedjn&z, 'fir revarwal of nnunicip:a4l I...I.S., Muroicip officurit. sec al Cor pe. 604 I;DO 01- k_71 Municipal 268k[add L Cawe for rer, h2divIdual pe, de QuWvote I. Cowe for Renson for moving for rCL stitite disqua:; - V. Wyc�off. 3. (068). Recall Petit.' removal r- iorrnc-d maior ..'alue of rinir. CQ'1t�Cil�Ylen s: this =10n fQrth stalem-.1 moval is soug! NISuper- 223� firTn''C"I'd 141 X4,1 1 cation graraed 2. Individual Individual P- incumberit sO one Official 5} suffer detrime anoEhcr 1n. r should be iudF or '.ter OV Municipal C!e N-J.SuPcr. 363 3. Qu4fied - Word "qLal : 11,0n Means rf time ejecVjon,. ,.,. Wyckoff, V signatures T In P , roce.-di claim and ,,r(, petition, trial Missing c-0%;nt, that there wcr- tures in criti: Should be disc; and .-Cm-e.nd fc t 40:69A-168 OPTIONAL MUNICIPAL C114RTERS halt 3 E"14c;'J'an in City oi Hackensack, 57 There is no constitational right to rt�- NJSuper. 257, 1,54 A -2,d 639 (1959) af- call offi=3 and if such r;vht is granted firmed 3'i NJ. 592, 158 A-24 505. the legislature can impose. ranoral re. 4. RIght to roe -al S, 1 .1 , ", �rai;%ts upon its extrcise, Petition o' corlms1titutiortal * bt of eVectOlatc tO Pe- rm Sm—ith, 114 N."I.Super. 421, 2176 A,2d 6'68 11 (AZA971) cerlificat'on denied 59 NJ, titian, it jovernmcnf, is to bc ldla'tin- gut s�hc4 From the right to P -In for 263, 281 A -21d 325, recaU, a statutory right 9T,=4d by thlt There is no coristinitional right to rc. legi,sla=v; Statutory ri;t tor, +ition for call officers, and the legislature, it it vi recall is subject �ito 1,tSisla:,iw di screujon wishcq to provide that rnechw-dsm, can and the su 6 t is mound by the "Ponor comet 'M spec.,ify mtjo'r.aI restraints upon. it. Ro. , , intention of tht legislatunz u reflel:tcd h - 40 man v, b arper, 43 NJ. 338, 150 A,2d " i;- this section,. Baker v. Deane, 196 NJISuper, 4146, 483 A.24 2195 (LO83) 745 '1969). t Iisrtj,ssed 196 NJAURCT. 608, 503 A -2d 5. Re,_jew 376. RO.CZA POOVWO�M, of 11:aulknmr Act are " Record on apps.-! I-orn judgmcnt for in action 1.0 corr-pel towns'. -Alp available (,�nly to Cil" zens of 1-TwAlCiPali- Lies vVh)'4;'.A adopt ore of forms of =nizi. plaintiffs clerk to c vjl for tees;! --lection with T -c - Pa governn'tent provided for in that Act &.1d thc recall provi.4.ion, did not :kpp*..v to r, Itynship L­.uncilrawn fadled to Pect t(J tO w1fal Ir ttstablisb. :hat trial -t:dgc zrezte�l inunIcipallity incorpowated purswart to 4 BorI Act, Eisonber,g v. Com�,rr, nee clima;c in zourtrocrn and dcprived de- tr. r.c W3Yckoff, fendants of Fair St,.) --to Recall L&vift, 175 N.per. 11,5,, 417 102 26, 245 A."d 215 A.2d 1067 (L1980), 40:69A4 R Otion L A recall Petition shall demand' the rernovaj of a designated incur b e -&A 0 shall be. slzr.ed by quaAl-fied -it n number ILO at least voters equ, " I twenty-five per cent=; ('&01.5%) of the. stered voters of the muni i r--Oi- Q_ e pal-ity, and shall be filed with the municipal clerk. It shall set forth ast atement of the cau$'%' _,i)C",. Which the remo-wal is sought. L.19 - 50 c. 210, p. 510, —20, ff June 8, 1950. Nn Library References Am--rican Digest Svstem Grounds, for removal a! -Twnic!pal of- Removal, �)f rnumticpzl officers; Pr0, N. ficcri Sep, 'Municipal Crr?orancr.5 ctddin; and rdview in ScMralo se*- po 156. ManII:ipal Corrmlons A mode of removal cif municipal Officers in genera i, see *v,:ur.jcipa! Coi-pora- "A Grounds for r-..TrC,,,:A-1 MV-1iCloal of. Rtmoyal Qf z,nn icipsl oicer t;rem fi cers, sce CiI.S. Muniripal CwPora- set %41 XIIpa'I ticr's § SO&§ 516, Prr4e.,,eedjn&z, 'fir revarwal of nnunicip:a4l I...I.S., Muroicip officurit. sec al Cor pe. 604 I;DO 01- k_71 Municipal 268k[add L Cawe for rer, h2divIdual pe, de QuWvote I. Cowe for Renson for moving for rCL stitite disqua:; - V. Wyc�off. 3. (068). Recall Petit.' removal r- iorrnc-d maior ..'alue of rinir. CQ'1t�Cil�Ylen s: this =10n fQrth stalem-.1 moval is soug! NISuper- 223� firTn''C"I'd 141 X4,1 1 cation graraed 2. Individual Individual P- incumberit sO one Official 5} suffer detrime anoEhcr 1n. r should be iudF or '.ter OV Municipal C!e N-J.SuPcr. 363 3. Qu4fied - Word "qLal : 11,0n Means rf time ejecVjon,. ,.,. Wyckoff, V signatures T In P , roce.-di claim and ,,r(, petition, trial Missing c-0%;nt, that there wcr- tures in criti: Should be disc; and .-Cm-e.nd fc CF 2. Procedure - petition - signatures (1) The procedure to effect Ph recall an elective officer of a municipality shall be as follows: 1) A petition containing the requisite number of signatures under paragraph (d) of this subsection (1) shall be filed in the office of the municipal clerk, demanding an election of a successor to the officer named in the petition. Each petition shall designate by name and address not less than three nor more than five persons, referred to in this section as the "committee", who shall represent the signers thereof in all matters affecting the same. The petition shall clearly indicate the name of the municipality and the name of the officer sought to be recalled. The petition shall include the name of only one person to be recalled. The etit'111101100-ion shall contain a enera, statement, in not more than two hundred wordy of the grounds, on which the reca s sought,, which statement shall be int .ndeo or Te infor at :on o the electors of e mU-h­iciP_aTi S Iuch electors shall be the sole and exc usive u _e d. e e alp "reasonableness an eufficienc o:� the roan s ass, d for recall and said rounds sl,all not be o,en to review. (II) -The signatures to a recall petition nee not all be on one sheet of paper.At the top of each page shall be printed, in bold-faced type, the following: WARNING: IT Is AGAINST THE LAW: For anyone to sign this petition with any name other than one's own or to knowingly sign one's name more than once for the same measure or to sign such petition when not a registered elector. Do not sign this petition unless you arearegistered elector.. To be a registered elector, you must be a citizen of Colorado and registered to vote in (name of municipality). Do not sign this petition unless you have read or have had read to you the proposed measure in its entirety and understand its meaning. (b) Directly following the warning in paragraph (a) of this subsection (1) shall be printed in bold-faced type the following: Petition to recall (name of person sought to be recalled) from the office of (title of office) . (c) No recall petition shall be circulated until it has been approved as meeting the requirements of this section as to form. The clerk shall approve or disapprove a petition as to form by the close of the second business day following submission of the proposed petition. ilhe clerk shall mail written notice of such clerk's action to the officer sought to be recalled on the day that any such petition is approved. (d) The petition shall be signed by registered electors entitled to vote for a successor of the incumbent sought to be recalled equal in number to twenty-five percent of the entire vote cast for all the candidates for that particular office at the last p'r�eceding regular election held in the ar municipality,. If more than one son is required by law to be elected to fill the office of which p • ch the person sought to be recalled is an .incumbent, then the recall petition shall be signed by registered electors entitled to vote for a successor to the incumbent sought to be recalled equal in number to twenty-five .percent of the entire vote cast at the last preceding regular election held in the municipality for all candidates for the office to which the incumbent sought to be recalled was elected as one of the officers thereof, such entire vote being divided by the number of all officers elected to such office at the last preceding regular election held in the municipality. C.J.S. See 62 C.J.S., Municipal Corporations, 516. Source: L. 91: Entire section amended, p. 747, 19, effective April 4. 9.01 POST ELECTION ACTIONS; DIRECT LE as the result of an alleged irregularity, defect or mistake com- mitted, during the voting or canvassing process. Hi r, = 1,971 c 25) . 1,971 c tH s, NO).197 1 , 336 a T o, 313; 1973c,334 S , 23 to 26, 57w 19751 c 41.4=" 1,977 c, s. 1977c, 477°, 1979C.,200; c.n 260 ss, 66 to W 193, 1,979 , 3I t., 3� 1983 a., t' . 198,3 a� 84,s, 172 OM t a s;„ 1,985 � 1487a, 1,,,, 1499 a 191. 1 a 13, CtWtune of ureti c '^ith PrOcedures (,or absent o ru is within, board"s funis- ction, Absent connivance, fraud prundur influence, substandal cornplia=with starot N�otn , prooe4uires is su cirnr- Appeal From Rtcovol in E"tciction CDnms. t0,w (2d,) 46S. 313 NW (24),869 (CL APP '199 1 ). (il) a an ru i tp� y a a w�� uom fro d t ,s ro o f ct uGo t ar ° do r r on uo prc:,s rva issue totju di ci ut review, Cliffotdv. Colby Schwl Dist., 143 W (2,d) SSt, 421 W (fid) 852, (Cc, App, 1994, tc pion �i i lig ctu,stt n c ro ri ro,u ghtu� rthiswbon- LOW. or u u i o as ao Canvassers, 130 W (d) o7, " � (2d), 55,1 (0. Appu ',1919). Cons, , lir ltd, c'ta ions a of mount and quo to acti , di, CU v. � s W (d) 10 3, 1'7 '' (2d) I (ted ., 9.10 Recall. `1 RIGHT To RECALL.; PETITION SIGNATURES. ,(a) The qual , Itors of the state, of any county, city, village, Ito,, n congressional, legislative, judicial or school district, or of any prosecutorial unit may petition for the recall of any incumbent elective official by filing a petition with the same offi- cial or agency with whom nomination papers or declarations of candidacy for the office are filed demanding the recall of the officeholder. (b) Except as provided in par'., (c), a petition for recall of a state, congressional, legislative, judicial or county officer shall for signal by electors equal to at least, 25of the vote the office of governor at the last election within the same district or territory as that of the officeholder being recalled. Except as pro- dded in par. (c), apetition for the recall of a city,, village, town or school district officer shall be signed by electorsequal, to at least 25 of the vote cast for the office of president at the last election within the same dis rict or territory as that of the officeholder being recalled. (,) If no statistics are available to calculate the required num- ber of signatures on a petition for recall of an officer, the number of signatures shall, be determined as follows: 1,,. The area of the district in square miles shall be divided by rnunii in s uar s in which it lies. the ,area of the p ality y q e mr le 2. The vote for governor or president, as required,. at the last general election in the municipality within which the district lies, shall be multiplied by 2 of the quotient. determ, ined under subd. 1. to determine the .required number of signatures. 3. if a district is in more than one municipality, the method of determination under subd.s, 1 d 2. shall be used for each part of the district which constitutes only a fractional part of any area for which election statistics are kept. (d) The official or agency with whom declarations of candi. dacy are filed for each office shall dete °ne and certify to any interested person the number of signatures required on a. recall petit.on for that office. i , , ,,2 Iota REQ t .. s, (a) Every recall. petition shall have on ft face at the top in bold print the words "RECALL Obi other requirements as to preparation and fom of th 'tion shall be governed �y sW 8.4. 4;'1,,, MD4 (b recall petition for a city, village, town or school district o ice shall conta`iri a statement of a reason for the recallwhich is related to the off"ficial reponsi'bilit%es of the official for whom removal is so°trg;ht. !, (c) petition requesting the, recall of each elected officer shall re p p red filed separately,., be a p (d) No petition may be offered for filing for the recall of an off cer unless the petitioner first files a ,registration statement urwder sM l l .0 (1) or 2) with the filing officer with whom the petition is filed,. The petitioner shall append to the registration a statement indicating his or her intent to c'ircula,te a recall petition, the name of the officer for whom recall is sought and. in the case of a petition for the recall of a city, vill,agc� town or sch l di. ttiet officer. ,statement of a rc:ts,(')n f()r the rec'al'l which is mlated'to the offici'a'l responsibilities of the official for why rn removal is sought. N petitit.mer, may u,�ir�u«,'ul:jic a pctition forthe recall (.4' art t�ff`icer ,prior xIS TION 93-94 Wis. Stats. 146 to completing registration. The last date that a petition for the recall of a state, congressional, legislative, judicial or county offi- cer Filing is 5 p.m. on the.60th day commencing cer rna beoffr�ed for ft' after registration. The last date that a petition for the recall of a city, village, town or school district officer tray be offered for file ing is 5 p.m., on the 38th day cornmencin,g after registration. After the reel petition has n offered for filing,, non may be added or removed. leo signature may be counted unless the to of the signature is within the period provided 'in this paragraph (e) An individual signature on a petition sheet may not be counted if: 1. The signature is not dated. 2. The signature is dated outside the circulation period. 3. The signature is dated after the date of the notarization con- tained on the petition sheet. 4. The residency of the signer of the petition sheet cannot be determined by the address given. S. The signature is that of an i'ndiv'idual who is not a resident of the jurisdiction or district from which the elective official being, recalled is elected. 6.. The signer has n adjudicated not to be a qualified, elector on grounds of incompetency or limited, incompetency provided in s. 6.03 (3). 7. The signer is not a qualified elector by reason of age. 8. The circulator knew or should have known that the signer, for any other reason, was not a qualified elector. (em) No signature on a petition sheet may be counted if: 1. The petition sheet circulator fails to sign the of tdavit of cir- culator. 2. The residency of the circulator cannot be determined by the information given on the petition. 3. The notary or person authorized to administer the oath fails to sign the jurat of the affidavit of circulator. 4. The title of the individual, other than a notary, administer- ing the o is not list ,,. e notary commission or 'te , of office of individual administering the oath has expired. (f ,e filing officer or agency shall review a verified hal- lenge to a recall petition if it is made prior to certification. The burden of „ r f for any challenge crests with the i:nd'i- ) p vidual bringing the challenge. (h) Any challenge to the validity of signtu on petition shall be presented by affidavit or other supporting evidence dein- onsLmdng a failure to co reply with .statutory requirements, (i) If a challenger can establish that a person signed l petition more than once, the 2nd and subsequent srgnatu y not be counted,, f j) If a challenger demonstrates that sora ne other, , elector si ; ed for the, elector, the si ature rna�y 'notbe me unless the elector is unable to sign d to physical disability and authorized another ,individua.l to sip,in his or her behalf. (k) If a challenger demonstrates that the date of a Signature is altered and the alteration changes the validity of the signat�um, the signature may not be counted, g; establishes that an individual is ineligible (�) If a challenger to sign the petition, the signatore may not 'be counted, (tri) No signature, may be, stricken on the 'basis that the eledor was not aware. of the purpose of the petition, unless the pub was misrepresent by the circulator. (n) No signature may stricken if the, individual administer- ing the affidavit of circulator does not date the jurat. (o) If the date of administering the oath predates the date of a g g . ring the signature. the signature is invalid. if the citta of administering oath is sbown tobe Incorrect and the date. postdates the date of a signature. the signature is valid. No (p) if a signature on a petition sheet is crossed out by the ti turner l t�fort the sheet is offered l"or fiIin;g,, the e'Nirriination of the„ !47 93-94 is. Stats, POST ELECTION ACTIONS; DIRECT LEGISLATION 9.10 signature does not affect the validity of other signatures on the petition sheet. (q) Challenges are not limited to the categories set forth in pars. (i) to (L). (r) A petitioner may file affidavits or other proof correcting insufficiencies, including but not limited to: 1. An expired notary commission date. 2. Failure of a notary to sign the petition. 3. Failure to indicate the duration of a notary commission or title of an office. 4. Failure of the circulator to sign an affidavit. 5. Failure of the circulator to include all necessary informa- tion. (s) No petition for recall of an officer may be offeredfor filing prior to the expiration of one year after commencement of the term of offico. for which the officer is elected. ($) STATE, couNTY, CONGRESSIONAL. LEGISLATIVE AND JUDICIAL omcEs. (a) is subsection applies to the recall of all elective officials other than city, village, town and school district officials. City, village, town and school district officials are recalled under sub. (4). (b) Within, 10days, after the pedtion is offered for filing, the officer against whom the petition isfiled 'may file a written chal- khthe official, specifying any afleged insufficiency. If a Jenge wi, c hallenge is filed, the petitioner may file, a written rebuttal to thee, challenge with the official within 5 days, after the challenge is filed. If a rebuttal is filed, the officer against, whom the petition, is filed may file reply to any new matter raised inthe rebuttal within 2days after the rehuttal, is riled. Within 14 days after the, ,expiration or the time allowed for filing a reply to a tebuttal, the official shall file te certificate or an amended certificate,, 'Within the. 31 days after the petition is, offered forfiling, the official with whorn'the petition is offered for Filing shall determine by careful fr t an examination whether the petition on its face is su icien d so state in a certificate attached to the petition. If the official finds that the amended petition is sufficient, the official, shall file the pe tion and call a recallelection, to be held on thc Tuesday of the 6thweek, commencling, after the date of filing of the petition. If 'Tuesday is a legal holiday, the recall election, shall be held on the first day after Tuesday which is not a legal holiday. Ifthe official finds that thepetition is insufficient, the certificate shall state the particulars creating the insufficiency, The petition may be ended to correctany' insufficiency within 5,days following the affixing of the origi nal certificate. Within 5 days after the offering of the, amended petition for filing, the official with whom the ped - tion is filed shall again carefully examine, the face of the petition to determine sufficiency and shall attach a, certificate stating the findings. Upon showing of good cause, the circuit, court for the county in which the petition is, offered for filing may grant an ,extension of any of the time periods provided in, this paragraph. (bm) Within 7 days after an official makes a final determina- don of sufficient or insuffliciencyofa re -call petition under par. (b),the Petitioner or the officer against whom the recall petition is filed may file a petition for a writ of mandamus or prohibition with the circuit court for the county where the recall petition is offered, for filing. Upon filing of such a petition, the only matter before the court shall be whether the recall petition is sufficient. The court may stay the effect of theofficial's order while the peti- tion is under advisernent and may order the official to revise the election schedule contained in the order if a revised schedule is necessitated by judicial review, Whenever the recall petidoner files a petition under this paragraph, the officer against whom the recal 'I petition is filed shall be a partyto the proceeding, The court shall give the matter precedence over other matters not accorded similar precedence by law. (c) The official against whom the recall petition is filed shall be a candidate at the recall election without nomination unless the official resigns within 10 days after the original Filing of the peti- tion. Candidates for the office may be nominated under the usual procedure of nomination for a special election by tiling nomina- tion papers not later than 5 p,,m, on the 4th Tuesday preceding the election and have their names placed on the ballot at the recall election. (d) If more than 2 persons compete for a nonpartisan office, a recall primary shall he held. The names of the 2 persons receiving the highest number of votes in the recall primary shall be certified to appear on the ballot in the recall election, but if any person receives a majority of the total number of votes cast in the recall primary, a recall election shall not be held. If the incumbent receives a majority of the votes cast, the incumbent shall be retained in office for the remainder of the term. If another candi- date receives a majority of the votes cast, that candidate -shall be elected to serve for the residue of the unexpired term of the incum- bent. Write—in votes are permitted only at a recall primary or at a recall election in which no primary is held. (e) For any partisan office, a recall primary shall be held for each political party which is entitled to a separate ballot under s. 5.62 (1) (b) or (2) and from which more than one candidate com- petes for the party's nomination in the recall election. The pnimary, ballot shall be ,prepared in accordance with s. 5.62, insofar as applicable. The person receiving the highest number of votes in the recall primary for each political party shall be that party's can- didate in the recall election. Independent candidates shall be shown on the ballot for the recall election only. (f) If a recall primary is required, the date specified under par. (b) shall be the date of the recall primary and the recall election shall be held on the Tuesday of the 4th week commencing after the recall primary or, if that Tuesday is a legal holiday, on the first day after that Tuesday which is not a legal holiday. (4) Crry, VILLAGE, TOWN AND SCHOOL ISI ICT OFMCES. (a) Within 10 days after a petition for the recall of a city, village, town or school district official, is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or sohool dis- trict clerk with whom it is filed, specifying any alleged insuffi- ciency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election com- missioners within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the Lime allowed for filing a reply to rebuttal, the clerk or and of elec- tion commissioners shall file the certificate or an amended certifi- cate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners shall determine by care- ful examination of the face of the petition whethei tihe petition is sufficient and shall so state in a certificate attached to the petition. If the petition is, found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended, to correct any insufficiency within,5 days following the affixingof the original certificate. Within,2 days after the offering, of the amended petition for filing, the clerk or board of election, COMMISSIoners shall again carefully examine the face of the peti- tion to determine sufficiency and shall attach to the petition a cer- tificate stating the findings. Immediately upon finding an original, or amended petition sufficient, except in cities, over 500,popu- lation, thernunicipal, clerk, or school district clerk shall transmit the petition to the goveming body orto the school board. Immedi- ately upon finding aft original or amended petition sufficient, in ,c) 'ties over 500, population,, the board of election commission- ers shall file the petition in its office. (d) 'The governing 'body, school board or' board of election commissioners upon receiving the certificate shall call an election, ,on the Tuesday of the ,6th week commencing after the date of the certificate. IfTuesday is a legal holiday, the recall election shall be held on the first day after Tuesday which is not a legal holiday. (e) The official against whom the recall petition is filed be a candidate at the recall election without nomination u official resigns within 10 days after the date of the cel 9.10 POST ELECTION ACTIONS; DIRECT LEGISLATI©N 93-94 Wis. Stats. 148 Candidates for the office maybe nominated under the usual proce- dure of nomination for a special election by filing nomination papers or declarations of candidacy not later than 5 p.m. on the 4th Tuesday preceding the election and have their names placed on the ballot at the recall election. (f) If more than 2 persons compete for an office, a recall pri- mary shall be held. The names of the 2 persons receiving the high- est number of votes in the recall primary shall be certified to appear on the ballot in the recall election, but if any person receives a majority of the total number of votes cast in the recall primary, a recall election shall not be held. If the incumbent receives a majority of the votes cast, the incumbent shall be retained in office for the remainder of the term. If another candi- date receives a majority of the votes cast, that candidate shall be elected to serve for the residue of the unexpired term of the incum- bent. Write—in votes are permitted only at a recall primary or at a recall election in which no primary is held. (g) If a recall primary is required, the date sp ed , 01 pn , ecifi, under par'. (d) shall be the date of the recall primary and the reap election shall be held on the Tuesday of the 4th week cornmenci ng after the recall primary or, if that Tuesday is a legal holiday, on the first day after that Tuesday which is not a legal holiday. (h) All candidates for any town or village office, other than,, the official against whom the recall petition is filled, shall file nomina- tion papers,, regardless of the method of candidates , 11 , o�mina�tion,of candidat for town or village office under s. 8,05. (6) VOTINGMETHOD; EIECnON RES'Uurs. (a) 'The recall, pri- mary or election of'more than one official may be held on the same day. If' more than one officialof the same, office desi,griation elected', at large for the same term from the same district or territory is the subject. of a recall petition, there shall be a separate election contest for the position held by each official. Candidates shall des - .i gn atewhich position they are seeking on their nomin atio n papers. Instructions shall appear on the ballot toelectors to vote for each, position separately. (b) The official against whom a recall petition has been, filed shall continueto perform the duties of his or her office Until a cer- tificate of election is issued to his or her successor. The person receiving a plurality of votes at the recall election or a majority of votes at a, pnrnary when authorized under sub. (3) (d) or (4,) (f) shall be declared elected for 'the remainder old the terra,. It the incumbent receives the required number of votes be or she shall continue in office. Except as provided in sub. (4) (f), if another person receives the required number of votes that person shall s,ucceed the incurnbentif he or she qualifies within 10 days after receiving a certificate of election. (6) LimiTAiloN ON RECALL ELEcnONS. After one recall petition and recall election, no further recall petition may be riled against the same official during the term for which he or she was elected. V) PukposE The PuMose of this section is to facilitate the, operation of article X111. section 12, of the constitution and to extend the same tights to electors of cities, villages, towns and, school districts. n HisWry: 1977 c. 187 s. 134;1977 c. 403, 447; 1979 c. 260;1983 a- 219, 491, 538; 1985 a. 304; 1987 a. 391, 1999 a. 31, 192; t "� I a. 269, 315. Striking entire page of sicitwre$ for one invalid signature violates electorate's right to recall. Stahovic v. Ichel, 122 W (2d)370, 363 NW (2d) 243 (CL App,, 1984). This section applies to rnernbers of Congress. 68 Atty. Gen. 140. 9.20 Direct legislation. (1) A number of electors equal to at least 15% of the votes cast for governor at the last general election in their city or village may sign and file a petition with the city or village clerk requesting that, an attached proposed ordi- nance or resolution, without alteration, either be adopted by the common council or village board or be referred to a vote of the electors. The individual filing the petition on behalf of the electors shall designate in writing an individual to be notified of any insuf- ficiency or improper form under sub. (3). (2) The preparation and form of the direct legislation petition shall be governed by s. 8.40. (2M) After the petition has 'been of for filing, no name may be erased or removed,. No signature may be considered valid or counted unless the date is less than 60 days before the date offered for filing. (3') Within 115 days after the petition is filed, the clerk, shall deterinineby careful examination whether the petition is suffi- cient and whether the proposed ordinance or resolution is in proper form, The clerkshall state his or her findings, in a signed and, dated certificate attached to the petition. If the petition is found to be insufficient or the proposed ordinance or resolution is not in proper forth, the certificate shall give the particulars, stating the insufficiency or Improper form. The petition maybe, amended to correct any insufficiency or the proposed ordinance or resolu- ,fion may put in proper form within '10 days following ,ft affix- ing of the original certificate and notification of the individual des. ipated, under sub. (1)., When the original or amended petition is found to be sufficient and the original or amended ordinance or resolution is in proper form, the clerk shall so state on the attached certificate and forward it to the common council or village board immediately. (4) The common council or village board shall, without alter-, ation, either pass the ordinance or resolution within 30 days fol- lowing the date of the clerk's final certificate, or submit it to the., electors at the next spring or general election, if the election ismore than 6 weeks after the date of the councils or board's action on the petition or the expiration of the 3 a period, whichever first occurs. If there are 6 weeks or less 'before the election, the ordinance or resolution shall be voted on at the next election there- after. The council or board by a three—fourths vote of the mem- bers --elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior tothenextelec- tion, but not more than one special election for direct legislation may be ordered in any 6—month period. (5) Theclerk shall cause notice of the ordinance or resolution that is being submitted to a, vote to be given as provided in s. 10.06 (3) (f). (6) The ordinance or resolution need not be printed in its entirely on the ballot, but a con6se,statement of its nature shall be printed together with question pe,mittingthe elector to indicate approval or disapproval of its adoption. (7) If a majority vote in favor of adoption, the proposed ordii- nance or resolution shall take effect, upon publication under sub. (5). Publication shall be made within 10 days after the election. (8) City ordinances or resolutions adopted under this section shall not be subject to the veto power, of the mayor and city or vil- lage ordinances or resolutions adopted under this section shall not, ,P be repeated or amended within 2 years of adoption exceptby a vote of the electors. The cornrnon council or village board TnAy submit a proposition to repeal or amend the ordinance or resolu- tion at any election. HisWry: 1977 c. 102; 1983 a. 484; 1989 & 192, 273, Ttu,s wtion im, plon-Amts legislative powers reserved by dv people, Subject to,w- Wn conditions, common council, W nQ authority to rnakg initial judgrnent of'the Mitfilson, 79 W (2d) 97,255 W (2d) 449, Propowthat is adaunistradve,vather than legislative in cbaracter, is not proper subjec I t of initiative oe eed'irhStvt ex rel. Ucker v. Comm, on Counci 1, 101 W (2d) 680, 30511W App. 1981). Cott ckrk has rrmdatory duty to forward tai corrtmon council a sufficicntyc4tioo and ordi,nance in proper form. State ex rel. N'orth v. Goctz, 116 W (2d) 239,142 NW (2d) 747 (Ct. App,, 1983). The poorer of initiative s not extend to legislative dcci sipm which, have already been made by the legislative b*dy. Schacfcr v. Potosi'Vi Hage Board,J'717 W (2d) 287. 501 NW (2d) 901 (Ct. App. 1993), REMOVAL FROM OFFICE BY RECALL Under the State Constitution, every elected public officer, except a judge of a court of record, is su kc to recall.' Accordingly, elective officers of a city, code city, or town are subject to recall. The recall procedure i ows.: 1. Any legal voter of the city, either individually or on behalf of an organization, desiring to demand the recall and discharge of any elective public officer, is torepare a typewritten pewritten charge, naming the officer and his or her title and charging that he or she has committed an act or acts of malfeasance or misfeasance while in office or has violated his oath of office, or has been found guilty of two or more of the acts specified in the State Constitution as grounds for recall.' The terms are defined as follows: (1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the , erformance of official duty; P` ,a) Additionally, "misfeasance" in office means the performance of a duty i , n an impro proper manner- and P I (b) Additionally, "malfeasance" in office means the commission of an unlawful act; (2) "Violation of the oath of office" means the wilful neglect or failure by an elective public officer to perform faithfully a duty imposed by law? The charge is to be stated "in concise language" and must give a detailed description of the act or acts alleged, including the approximate date, location, and nature of each act complained of. The petition must C� be signed by the person or persons making the charge, give their post office addresses, and be verified under oath that lie or they believe the charge(s) to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.' 2. The petition is filed with the county auditor,5 who must promptly serve a copy of the petition upon the officer whose recall is being demanded and must certify and transmit the charge to the preparer of the ballot synopsis." (See #3 below.) 3 The prosecuting attorney shall formulate a ballot synopsis of the charge within fifteen days after receipt. The synopsis must be less than 200 words and include the name of the person charged, the title of his or her office, and a concise statement of the. elements of the charge. The preparer of the, synopsis certifies and transmits the synopsis to the persons tiling the charge, the officer subject W recall, and the superior court of the county in which the officer resides. 17he superior court is petitioned to approve the synopsis and to determine the sufficiency of the charges.' 4. Within 15 days after receiving the petition, the erior court shall conduct a hearing to determine: Lal whether or not the acts stated in the charge sattS--'----tl'ie—cCr,it,e�riafor ,whicIt a recalltition may be filed, and 1> al nay manding (2) T rea"Id"equa oll no2sis, allot y R, —Tle person subject to recall and the person de recall i appt--.;r at Me hearing with counsel. The court shall certify and transmit the ballot synopsis to the officer subject to recall, the person demanding the recall, and the county auditdr." 5. After the ballot synopsis has been issued by the court, the sponsors of the recall are to obtain and file supporting signatures within specified time limits and in a specified format, as provided by state law.9 Required signatures are as follows: . For the recall of a state officer, an officer of a first class city, a county officer of a first, second or third class county, or a member of a school board in a first class city - signatures of legal voters equal to 25% of the total number of votes cast for all candidates for the office to which the officer in question was elected at the preceding election. Municial Research & Services Center August 8, 1991 REMOVAL FROM OFFICE BY RECALL • For the recall of an officer of any city, town, or school district other than those mentioned above, signatures of legal voters equal to 35% of the total number of votes cast for all candidates for the of , fice to which the officer in question was elected at the preceding election.10 W 6. The signatures are to be verified, and canvassed for authenticity and sufficiency by the ,county, auditor. If the, petition is found to have the required number of signatures o,f certified legal voters, -the-elections, r the officer is to certify the petitions and Rx a date f6 the special election to determine 'whether or not officer charged shall be recal.led, and discharged from office. The special election shall be held between 45 and 60 days from the certification." 7. Ile officer charged may submit to the elections officer a response to the charge set out in the ballot Ic synopsis, not, to exceed 250 words, before the seventh day after service of the notice. A copy of the response is to be sent by the county auditor to the person who filed tile petition.' 8. 7bespecial recall election is conducted I,n the same manner as other elections. Ile ballot form shall be ,as provided b ' y statute and shall contain a, copy of the ballot synopsis. If a majority of all votes cast at the recall election are for the recall of the officer, charged, discharged from ,g he or she shall be recalled and di ch office and the office shall become vacant. 13 11 1. Wash. Const, Art. I. Sections 33-34, amended by Amend. 8; RCW 29-82-010. I RCW 29.82.010- 3. RCW 29.52.010. 4. RM29-82-010. 5. RCW 29.82.015. (The county auditor is the elections officer for declarations of candidacy for city and county offices). 6. RCW 29.82.015. 7. RCW 29.82.021. Note that when the recall is demanded of an officer whose jurisdiction encompasses more than one county, the attorney general, shall prepare the ballot synopsis. & RCW 29.82.033. 9. RCW 29.82.025 - -030. 10. RCW 29-82-060. 11. RCW 29.82.080 - .100. 12. RCW 29.82.105. 13. RCW 29.82-130 - .140. Municial Research & Services Center .1 . August 0 1991 Local Voters' Pamphlets publication of the pamphlet, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare ,arguments advocating voters' rejection ofthe measure,. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a corm =,y seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the pre- scribed deadline, the county auditor shall whenever possible makethe appointments,, [1994 c 191 § 2; 1994 c 106 § IOJ 29-81A.900 Effective date -1984 c 106. This act shall take effect on January 1, 1985. [1984 c 106 § 14.] 29.81A.9,01, Severability -19,84 c 10,6. If' any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstanc- es is not affected. [1984 c 106 § 13.] Chapter 29.82 THE RECALL Sections 29-82.010 Initiating recall proceedings,—Statement--Contents-- Verification--Definitions. 29-82,015 Petition—Where filed. 29,82.021 Ballot synopsis. 29-82-023 Determination by superior couri—Correction of ballot syn- opsis. 29-82.025 Filing supporting signatures—Time limitations. 29.82.030 Petition—Form. 29.82-040 Petition—Size. 29.82-060 Number of signatures required. 29.82-080 Canvassing pefifinn for c"fAtJP,,r- r of—'Notice. J %I signatures—Time ime Verification and canvass of signatures--Procedure-- Statistical sampling. 29`.82.100 Fixing date for recall election—Notice. 29-82.105 Response to petition chwges. 19.82.110 Destructionof insufficient recall petition. 29-82-120 Fraudulent names—Record of., 0.82.130 Conduct of election—Contents of ballot. 0.82-140 Ascertaining the result—When recall effective. 19-82.160 Enforcement provisions—Mandamus—Appellate review. N-82-170 Violations by signers ----Officers. N"82.210 Violations by officers. 19:82-220 Violations—Corrupt practices., ttc*11,9f elective officers: State Constitution Art. I §§ 33, 34 (Amendment V.. 81 1: , �29-82.010 Initiating recall proceedings— �nat',ut—Conten,ts—Verirication—Def*initions. When- rtrany 'legal voter of the state or of any political subdivi- thereof,, either individually or on behalf of an organiza- desires to demand the recall and discharge of any 4""i'vC Public officer of the state or of such political 1ision as the case may be, under the provisions of ��Ons 33 and 34 of Article I of the Constitution, he or y Shan prepare a typewritten charge, reciting that such fictir. naming him or her and giving the title of his office, %4 t41 29.81A.080 has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated his oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approxi- mate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give T c The e e their respective post office addresses, and be verified under oath that he or they believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based. For the purposes of this chapter: (1) "Msfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty; (a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and (b) Additionally, "malfeasance'" in office means the commission of an unlawful act; (2) "Violation of the oath of office" means the wilful neglect or failure by an elective public officer to perform faithfully a duty imposed by law. (1984 c 170,§ 1; 1975-""76 2nd ex.s. c 47 § 1; 1965 c 9 § 29.82,010. Prior; 1913 c 146 § I; RRS § 5350. Formerpart of section- 1913 c 146 § 2; RRS § 5351, now codified in 'RCW 29-82.015.] Severability -1975-`2'6 2nd ex.s. c 47: lfany provision of this am-endatory act, or its application to any person or circumstance isheid invalid, the remainder of the act, or the application of ;the provision to other persons or circumstances is not affected," 11975-'76 2nd ex.s,, c 47§ 11 29-82.015 Petition—Where filed. Any person making a charge shall file it with the elections officer whose duty it is to receive and file a declaration of candidacy for the office concerning the incumbent of which the recall is to be demanded. The officer with whom the charge is filed, shall promptly (1) serve a copy of the charge upon the officer whose recall is demarided, and, (2) certify and, 'transmit the charge to the preparer of the ballot s I ,ynopsis provided in ',RCS' 29.82.021. Tbe manner of service shall be the same as for the commencement of a civil action in superior court. [1994 c 170 § 12; 197,5-'76 2nd ex.s. c 47 § 2; 1965 c 9 § 29,,82.015. Prior: 1913 c 146 § 2; RRS § 53,51. Formerly RCW 29.82.010, part.] Severability–.1.975•'76 2nd ex.s. c 47: See note following RCW 29,82.010. 29.82.021 Ballot synopsis. (1) Within fifteen days after receiving a charge, the officer specified below shall formulate a ballot synopsis of the charge of not more than two hundred words. (a) If the recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county, the attorney general shall be the preparer, except if the recall is demanded of the attorney general, the chief justice of the supreme court shall be the preparer. (b) If the recall is demanded of an elected public officer whose political jurisdiction lies wholly in one county, the prosecuting attorney shall be the preparer, except that if the prosecuting attorney is the officer whose recall is demanded, the attorney general shall be the preparer. [Title 29 RM—page 12171 Constitution of the State of Washington § 31 STANDING Y. No standing army shall be kept up by this s,tate in dme 0, I peace, and no soldiershall in tithe of peace be quam, red in any house without the consent Of its owner, nor in time of war except in the manner prescribed by law. § 32 FUNDAMENTAL PRINCIPLES. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free Article I § 31 In the event the victim is deceased, incompetent, a minor, or otherwise unavailable, the prosecuting attorney nay Identify a representative to appear to exercise the victims rights. This ,provision on shall not constitute a basis, for error in favor of defendant in a criminal proceeding nor a basis for providing a victim or the victims representative with court appointed counsel. [ANMND,MENT,84� 1989 Senate Joint Resolution No. 8200. Approved November 7, 1989] -3 A #A J4 A Fw- Article II § 33 RECALL OF E,LECTT LEGISLATIVE DEPARTMENT , VE omcns. Every, elective 1 public officer of thestate of Washington expect [except] 'judges of courts of record i § 1 LEGISLATIVE POWERSWHERE VESTED. The legislative Is'subJect-tO recall and iscarge bythe legal voters of the state, or of the political authority of the state of''Washington shall be vested in the legislature co , "* vision ofthe state, from which he was elected whenev- er aped6on demanding his recall* nsisting of a senate and house of representatives, which shall be called the legislature of the reciting that, such officer has committed some act or acts of malfeasance state of Washington, 'but the people reserve to themselves the or misfea- sane while in oboe, or who has violated IfUs oath of office, stating power to propose bills, laws, and to enact or reject the same at the polls, independent of the legislature, the: matters complained of, signed by the percentages of the qualified electors thereof, hereinafter provided, the power,, at their and also reserve any act, i e 1, Own Option, toapprove or reject at the polls It'M percentage etre to be comput� ed from total number of section, or part, of an y bill, act, or law passed by the legislature, votes cast for all candidates for his said office to which he was e,lected at. the Preceding election, is filed (a) Initiative: The first power ,reserved by the People is initiative,. with the offfificer with who a, petition for nomination, or certifilcate for iasure 'to the Every suchpetition shall, include the full text of the nye I i so proposed. "in the case of in tiatives busomination, such Office must be filed 'under the laws of state, and the same officer shall call to the legislature and initiatives to the 'I d' people,, the number of vali a s pecial election as provided by, the general election laws of'th , is state, and the signatures of, legal voters required shall be equal to eight percent of the votes cast for the result determined as therein provided,, (AMENDMENT 8 1911 p 504 § 1. Approved November, office Of governor at the last gubernatorial election preceding the initial filin g of the to 1912.1 of the linitiativemeasure,wirh the c,.,, S ah" Ass, e nec-essify s U re § 34 AME. leglif laws ts, A o carTY Out, 'the provisions pof section thirty-three (33) of this article, and to facilitate its operation and effect ithout delay: Provided, That the authority hereby conferred upon the legislature shall not be construed to grant to the legislature any exclusive power Of lawmaking nor in any 'way limit the initiative and referendurn Powers reserved b the people. The y �e percentagesrequired shall be, state, officiers ,other than judges, senators and representatives, city Officers ,of cities of the first class, school district boards in cities es of the first class, - county officers of counties of the first, second I and third classes, twenty-five per cent. Officers of all Other political subdivisions, cities, towns,, townships, precincts and school districts notherein mentioned, and state senators and representatives, thirty-�rj ve percent. [AM, END ENT 8, 1911 p 504 § 1. Approved November, 191,2.) § 35 V Effective law HTS0 Victims ofcn-im fforn e rn ul in the criminal justice system and to accord them due dignity and respect, victims of rime are hereby granted the following ,basic and fundamental rights. 'Upon notifying the prosecuting attorney, a victimof a crime charged as a �felony shall have the right to be informed of and, subject to the -discretion of'the u individ I al presiding over the trial or court proceedings, attend trial and all other court; proceedings the defendant has the right, to attend, and to make a statement at sentencing and at any proceeding where the defendant's release is considered., subject to the same rules of'proceduce which govem the defcndant s, rights. (1994 Ed ) 'i.,44U.Yo state. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon, or not less than ten days before ,any regular session of the legislature. If filed at least four months before the election, at which they are to be voted upon, he shall submit the same to the vote of the people at ,,the said election, If such petitions are filed not less than ten days before any regular session of the legislature, he shall certify the results within forty. days of the filing. Hcertifica- tion is not, complete by the date that thelegislature convenes, he Shall provisionally certify the measure pending 'final certification of the measure. Such, initiative measures, whether certified or provisionally certified, shall take precedence over, all other measures in the legislature except appropriation bills and shall be either enacted or rejected without change or amendment by the legislature before the end of such regular session. If any such initiative measures Shall be enacted b the legislature it shall b referendum y e subject to tie legislature petition, Or it may be enacted, and referred by the egislaturc :to the people for approval or rejection at the next ,regular election. if it is rejected or if no action is taken upon it by the legislature before, the end Of such regular session, the secretary of state shall submit it to the people for approval or rejection at the next ensuing regular general election. The legislature may reject any measure so pro- posed by initiative petition and propose a different, one dealing with the same subject, and in such event both measures shall be submitted by :the, secret of state to the People for approval or rejection at the next ensuing regular general election. don. 'When conflicting measures are submitted to the people the ballots shall be so printed that a voter can express separately by making one cross A) for each. two preferences. first, as between either measure and n6ther, and IN'01. 0 RCW—p 31) ARYLAND MUNICIPAL CHARTERS 0,(!EEED and Council, or a majority of them for the time being, shall elect a Councilmember or Councilmembers as the case may be to fill such vacancy or vacancies until a successor or successors shall have been elected for the unexpired term(s) at the next regular town election and shall have taken office. (Res. No. 86-3, 10-31-86.) C. As soon as practicable after the regular town election or after a vacancy occurs in the office of Vice Mayor', the Mayor and Council shall elect a Vice Mayor from among the Councilmembers., 'The Vice Mayor shall serve a one-year term, and shall act as Mayor in the Mayor's temporary absence. In the event a permanent vacancy occurs in the office of Mayor, the Vice Mayor shall assume the office of Mayor until the next regular town election, and a new Vice Mayor shall be chosen as herein provided. A vacancy occurring in the office of Mayor within the forty-five (45) day period immediately preceding a regular election in which there shall be no mayoral candidate shall be filled by the Vice Mayor who shall serve until the following year's regular town election. At that next regular town election, a Mayor shall be elected to fill the remaining unexpired term, if any, in the office. A vacancy thus created in the ward from which the Vice Mayor was elected shall be filled by majority vote of the remaining Councilmembers. The person thus chosen to fill the Vice Mayor's council seat shall serve until the next regular town election. The Vice Mayor filling a permanent vacancy in the office of Mayor may resume his or her council seat for its unexpired term, if any, without standing for election, after a Mayor has been elected at the regular election and shall have taken office. (Res. No. 86-3, 10-31-86.) (Amended by Ord. No. 8-76) D. The Mayor and each Councilmember shall receive remuneration from the town in such amounts and under such conditions as may be determined by ordinance; provided, however, that the salary specified at the time a Mayor or Councilmember takes office shall not be changed during the term for which that Mayor or Council memhear Nin Qq -1 7---) —QQ, Section recall .,,lected officials. The Mayor or a member of the Town Council may be recalled from office (removed) in accordance with the following procedure: A. A petition signed by at least thirty percent (30%) of the registered voters of the Town of Cheverly in the case of the Mayor and thirty percent (30%) of the registered voters of the Councilmember's ward in the case of a Councilmember must be presented to the Mayor and Town Council ata re lar town meeting g stating a desire to have the named town official subjected to reaffir—mation, by a vote, of the electorate. In the case of the Mayor, the vote of the full to electorate will, ,apply., ' In the case of a councilmember, the vote of the ward electorate will apply. A petition shall contain the name of only one (1) town official. The registered town voter, i i said petition, shall si 911, s signing ,p the same as their names appear on the town's, election, books, and 'under each signature shall be typed or printed each petitioner's name, address and ward in which he or she votes in town elections. At the bottom of each page' of the petition, the individual circulating the petition shall sign the same and make an affidavit before a 27- 10 t CHEVERLY notary public that he or she circulated the petition and saw each individual whose names appear thereon sign the same in his or her presence. B. The petition shall state specifi6ally the justification for recall of the Mayor, or, as the case may be a Councilmember which shall be for one (1) of the following reasons: I (1) Failure to uphold the oath of office. (2) Malfeasance in office. ell - (3) Misfeasance in office. (4) Nonfeasance in office. C. Upon receipt of a petition the Mayor and Council shall forthwith refer the petition to the Town Board of Election Supervisors for verification `of the appropriate number of registered voters' signatures, addresses, and wards. The Board shall return said petition with their written findings as to required voters, addresses and wards to the Mayor and Council at its next regular meeting; and at their meeting, if the petition is authenticated, the Mayor and Town Council shall announce that (1) within thirty (30) days a public hearing will be held on the petition, and that (2) within forty-five (45) days a special election shall be held in order to allow, in the case of a Mayor, all registered voters of the town to vote on the petition, and in the case of a Councilmember, all the registered voters of his or her ward may vote on the petition. D. The voting ballot will contain the officials' name and the choice of "reaffirm" or "remove;" in order for the official to be removed a majority of those voting must vote "remove." The voting will be conducted in the same manner as prescribed herein for regular town elections; and, if removal results, the vacancy will be filled as herein prescribed. (Amended by Ord. No. 8-76) Section C-41. Mavor: Powers,. duties. A. The Mayor shall be the chief executive officer of the town. In emergencies during the temporary absence of the Town Administrator, or when such position is vacant, and for matters not specifically delegated to the Town Administrator the Mayor is vested with all the power necessary to secure enforcement of this Charter and all ordinances and resolutions passed under the provisions of this or any other Act, and to take such other actions under law as are necessary to protect life or property. B. The Mayor shall act as President of the Council during the term of office, and shall have all the privileges of a councilmember in debate, and the right to vote for Vice Mayor, or in case of a tie, or to provide four (4) affirmative votes. During the temporary absence of the Mayor, the Vice Mayor shall have authority to perform all duties of the Mayor and shall serve as President pro tem of the Council. The Vice Mayor, while presiding in the temporary absence of the Mayor, shall retain the right to vote as a N� BOONSBORO two candidates receiving the highest votes for council member shall be elected and serve for a term of four years and until their successors are elected and qual,if n 199(;1 and every successive four 'years the candidate for assistant ma Y mayor receiving the highest number of votes will be declared assistant mayor, and the three candidates for council receiving the highest number of votes in the general election shall be declared elected as council members. Section 512. Preservation of ballots. All ballots used in any town election shall be preserved for at least six months from the date of the election. Section 513. Vacancies. 12- 15 7-- In case of a vacancy on the council for any, reason, the council shall appoint some qualified person to fill the vacancy until the next municipal election. At the next municipal election, after the fullterm council positions on the ballot are filled according to Section 201, the person(s) receiving the next highest number of votes will fill the remaining unexpired council term(s). In case of a vacancy in the office of mayor for any reason, the council shall appoint a qualified person to fill the vacancy until the next municipal election; and until such vacancy is filled, the assistant mayor shall discharge the duties of the office of mayor pro tempore. In case of a vacancy in the office of assistant mayor, the council shall appoint a qualified person to fill the vacancy until the next municipal election. Any vacancies on the council or in the office of manor shall be filled by the favorable votes of a majority of the remaining members of the council. The results of any such vote shall be recorded in the minutes of the council. Section 51.4. Recall elections: recall of the mayor, assistant mayor, or a councilmernber., a. The mayor, assistant mayor, or councilmember may be removed by the qualified voters of the town for failure to perform the duties of this office as such duties are set forth in this Char! The "procedure to e'?Tect,the removal of s, -u -c" �,pe�rsons persons offices Rall be a set forth herein. b. Petition. A petition signed by not less than twenty percent (20%) of the qualified registered voters of the town shall be presented to the board of supervisors of elections, setting forth that the officeholder in question has failed to perform the duties of his office and specifying the instances of such failure and requesting an election to vote upon the recall of the officeholder. The signatures to the petition need not all be appended toort epaper, but each signe,r shall add to his signature his place of res' idence, I g iving Olt; streetand number,., All papers composing said, petition shall be assembled and filed as one instrument, with endorsements 'thereon of the names and addresses of three persons designated as filing said petition. c. Effect of Petition. Within ten days from the filing of said petition the board of supervisors shall certify that the petition has the number of signatures of voters and meets the requirements set forth above. If the board of supervisors certifies that the petition meets these requirements, the council shall, by resolution, order an election to be held on a date not more that forty—five days from the date of the certificate from the date of the board of supervisors of elections' certificate. The question to appear on the 12- 15 7-- MUNICIPAL CHARTERS OF MARYLAND ballot shall include the name of the officeholder in question, the office which he or she holds, and shall request a "yes" or a "no" vote as to his/her removal from that office. The ballot question shall not specify, or in any way refer to or imply, the reasons for which removal is being sought. d. Results of Election. If a majority of the voters in the special election vote in favor of recalling the officeholder in question, upon certification of the results of the election by the board of supervisors of elections to the council. said office sha I thereupon be declared vacant by the council, and shall be filled by the council in the manner prescribed by this charter. Scctlon 515. Reculation and control by council. The council has the power to provide by ordinance in every respect not covered by the provisions of this charter for the conduct of re(Tistration, nomination, and town elections and for the prevention of fraud in connection therewith, and for a recount of ballots in case of doubt or fraud. Section 516. Absentee Ballots. Any qualified voter registered to vote is entitled to vote in all town elections by absentee ballot. The town shall prescribe the procedures to so vote. Section 517. Penalties. Any person who willfully or corruptly does anything which affects or will tend to affect fraudulently any registration, nomination or town election, is guilty of a misdemeanor. Any officer or employee of the town government who is convicted of a misdemeanor under the provisions of this section shall immediately upon conviction thereof cease to hold such office or employment. Article V1. Adniinistration, Section 601. Town Manager V w a. Appointment, tenure, removal. The town manager shall be appointed by the mayor with approval of a two—thirds (2/3) majority vote of council for an indefinite term. A two—thirds (2/3) majority vote of all members of the council shall be required for removal. b. Qualifications. The town manager shall be chosen on the basis of executive and administrative qualifications with reference to knowledge of or experiefice with the duties of the office. The person shall furnish to the Town for approval a surety bond in aTy an amount to be prescribed by the council and approved by the town attorney. The bond shall be conditioned on the faithful performance of duties. The bond premium shall be paid by the town. c. Compensation. The town manager shall receive such compensation as the council fixes from time to time. 12- 16 :71 M._Ow CHAPTER 2 RECALL ADVISORY RECALL ON AND ELECTION PROCEDURES AX §119, Calls subject to recall- numberof ti on , _20,1'. of'r, I (Lgit 3SSI, ch 11sec 25. Eff. 11/4/92.) elective office,,either A,. 'E,very public officierl holding an elect" from bye�llection, appoint,=utOtretention',O'Ssu'bieetto'rec�ilI Bch office, by 'the qualified electors of the electoral, district ,from which clandlidi am elected to that "Office" Such electoral district :may include, the whole state. A number Of' qualified electors equaling twenty-five per of the, number ,of votes cast att "he, last preceding generl election for all the candidates f6r the office 'held by the officers, even, if the officer was not, elected at that election. divided by the number of, Officestbat were being filled at that election may, by recall petition, demand his recaU., B. in the case of a public officer l holding Office *in a newl division , ce, either l y emited division or district of an eleci Off by, eliecfian or, appointimilent, a number of qualified electors All;vLa twenty-five Pell cant Of the number of votes cast at tion e last preceding general elect on f 'or AU those, who were candidates for other divisions or districts of the SaMeoffice, "held by the, officer in that county or city divided by the number of offices that were beingfilled at that e , lection may, byrecall petition, demand hisrecalt, §19-202. l petl n; Ihnitations; subsequent petition Recal (Li 3SS, ch Is sec, 26. off. '11/4/92.) Al. A recall Petition shall not be circulated against any officer until he bashOd office ifor six months, exxcept that a petition may be, filed against a member of'the legislature at anyl time after five days 'from the beginni Of the first 0 1 1, The, Commencement of a sesmon after tu s election. six subsequent term in the �same Office does not renew the on period delaying the Azirculation of a, recall petition., recall 'petition and election, no further recall BI, After one term petition shall be Med against thesamile officeriduring the for vA31,cl was elected unless the petitioners signing the "cation fore subsequent petition, first, at the time of appli, recall, petition, pay into, the pul treali from Which Such ch election expenses were paid all expenses of the preceding election. C. Signatures Obtained on remill petitions by a committft or any of its officers, agents,, employees or wiletnibers before tement of organization are i filing of the committee�'s Sta ermh =,g the legal void and shall not 'be counted 'in Idet sufficiency of the Petition. X19-202.01. Application for recall petition (L91,3SS, ch 11 sw 27. Eff. 1],/4/92.) A. A person or organization intending to file a recaU, petition, shall, before causing the petition to be printed and ill circulated, submill an application ' lic-atiOn setting forth his name or, if , A. A recall petitionshall con�tiin a -geni sbidem not more or erecalf, The petition shall be submitted for ...... .... I'lljaillidn 110, sjgu�Mtures to the office of the secretary of State if for a state officer, including 2, Inember of the I with the clerk, of the legislatureorl a member of Congressl if for a counity or district officer or board of Supervisors 1, 1 1 3 clierk iffor a, city superior court,' 'udge with the city,or town intendent if ortown officer and, with the county school, supen, for a governingboard member of a school district. No recall tion isconsidered filield for puxposes of ithis chapter untill peti i is complet I le and thepetitionlis filed the verificafionprocess purisiiant to section '19-208.03 , subsection A, paragraph 1. 1B. A recall petition, shall not be accepted ifor such rification if more than one bundred twenty days havel ven It of the application for passed since, the date of submission recall petition, as prescribed by section 19-2,02.01. ll petition or a true copy, of the petition, C. A reca 'h contain the minimum including a 'Petition that' " does not tai hall, be number of s*gnatures,requumilid for i or arecall election, filed as a public record. within one hundred twen-tY days, after the date of sulsion of" the applicationforthe recall petition at the, office of the secretary of state if for a state officer, including a member of the legislature ora member of Congress, with, the clerk of the board of supervisors if j for a county I officer or superior court judge,, w,A the city town clerk if for acitY or town officer and with the county school superintendent if for a governing board member of a school district. in lieu, of filing a recall petition an affidavit under penatty of plerjury maybe filed, stating that ,the recall petition was not circulated. clrculated. A violation ofthis subtion is class 1 misdemeanor. ��oTEI—1 c<� .......... . . VF 136 MICHIGAN REGISTER, March 1992 Honorable Mat Dunaskiss Honorable Tom Middleton State Senator State Representative The Capitol The Capitol Lansing, Michigan Lansing, Michigan You have asked whether a village may use its nds for the purpose of payinglegal fees to enting four viUagecoanci,l members opposing a recallpeution directed legal, counsel for re, % , s elected officials. at the four council Members based on theirperformance, of their dudes a OA,Gt 1,99 1 - 1992, No 6704, p _ (October 22, 1991), concluded that a, municipality i oseof paying legal expenses incurred by lacks authority to expend public EX funds for the purp Tbe rationale of that opinion is i city taresioners in opposingpetitions for 'their recall.that is ono nuEhority, �to pay legal fees because the city comrnissioners have no legal 1 9 duties to perform concerning either the petitions or the recall election. Here, no village council member has any legal duties regarding, the form, of a recall inion or the sufficiency of signatures on a, recall ped I non. To the contrary, it is the duty of pe the county clerk, k, under MCL 1,68.960(l); MSA 6.1 9,60(l), and MCL 1,68.961; ' MSA 6,1961, to detenmine whether areczllped itioninvolving village trustees is in proper 0 form and whether it contains sufficient valid signatures. The role of the village clerk is to 1, petitions with the village registration 'records �pursuant to corn aye the names on the, recz! MCL 168.961*1 MSA, 6.1961. Village council members, however, have no legal duties regarding the recall peinion or the recall election. One issue not raised or considered in OAG, 1991-1992, No ,671, supra,was the effect of an indemnirication resolution. InDecember, 1,998, the village here, in question a�dopted a resolution providing for indemnification of all elected officials "against any and allcivil claims to whichhe or she 'has or, shall become subject by reason of servingor having served,, as an elected officialfor the Village or by reason of any action alleged to have been y him or her as such elected -official which, occurred in the taken. omitted, or neglected b h ' 'rb 0 Ilage duties, and within the scope of his or her aud OMY�" e course of his or her official V, *s;)rinp klolmms iTaLp JO Aur tp!A% P;;10;)UUO:) IOU UOnr2nT PIL"ITUT 03 -asoqz) oqM 1!:)uno:) ;)2rll!A 0111 JO slaqw;)w inoj Aq p;;.un:)uT sPaj Irial 103 UOPL,og!uw;;pui ;)zuotpnc IOU pjnoo mul iu;;s;adj;)pun p;;,-apui purr 13OU SPOp uonnjosPi PU -saunp jual Jimp JO ;;Du'uuljo;i.-,d izap jo ino 2UISLM SrCj:)jMO Qftjj!A Pgl:);Dj;) IS ci " Urdu Sulmi:) I!Al:) S1PAO:) `vides '1a;a;r3 ut thio) IPS Saaj TrOPI PUr S1UTVj:) I!AIZ) Aud of sPTiTjrdioTunLu jo kiumpnr uopuaU!utuPpui UOTWO UT , , atp tpjA% waistsuoo luonnjosai U!uwz;puT jums . 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A it :PPIMS '(Z1 61) 6VAVT LET '-Zl `0ZI 14:)TW ZLI 'JqOt7Jy A adOWS"YaN JO QSIC:) atp ut iinoZ) PtuaidnS Ur2rqolY\T Pq_L *sn ojojN onssi atp 2uu;Dp!suo:) ut injdl;;q ;;n T4D14A-, SPSr:) PUJ0s on oi;np luiod uo AlloWip s;)sr:) LM-014:)Iw ou an Plap ;)I!qm :(1861) LgE PZAN ojE 'ZqZ ddV q:)ip\T Sol 'P61 dI da;aX g A VII dAil JaJaXg ut P2)lms sem ;),ITij Pq.L -rcp[goqons pu;;I'P,,p 01 jasunoo fdal, Aoldw;) of pup spp,n'p Trpoat /sl ' 4 30 ?A3.m40S1patp ul, Ua,�,M SU0n:Mj0j /otllqrrl pApI isurclu fr!.-)Wo Di1qnd r Xj!=;)p:ut, of sapgrdpium jojamod kmu09Q10s,P atp tp!m lumsi§uoD si uounjosPi sitLL it'SUIM10 I!ATD qons Aq pamissPoau sjrp!Mo ploPp J03 uOuriu;)saidal jr,2;;l --)P!Aold llrt;s oloull!A ;)q[]]* 10 imp s;)im,,s' jPtTunj uopnjosw. 1VU3N30 ),,qNUO-LiV 3H1 AO SNOINIdO /-CL fa MAYOR :r .qW GERALD L. PARLEY y TRUSTEES , GEORGE A. CLOWE TIMOTHY J, CORCORAN RICHARD, N, HENDRICK MAUL WM,, HCKEFERT V' 1 �I 'u 1'"` P " MICHAELE WkCOWRDN IRVANA K. IVILKS I AGO 100 South Emerson Street Mount Prospect, Illinois 60056 MICHAEL E JANONIS VILLAGE CLERK CAROL A, FIELDS Phone: 708 / ; 392-6000 Fax: 708 / 392-8022 TDD: 7018 d 392-6064 II SIGN T REVIEW BOARD Monday, ,Pune 26, 1995 Conference Room, 2nd Moor, "V"illage Flab 130 South Emerson Street 7.30 P. M. "' a t ec 5 a tclidl en ell RD— &gpk—k The petitioner seeks a special use equity option in order to increase the size of logograp s proposed to be placed on the vertical pylon adjacent to Elmhurst Road from 25 square feet to 49 square feet. Additionally, petitioner seeks a variation 'in height from the required 30 foot maximum to 62.5 feet for logographs on the vertical pylon. Existing wall signs on the west and north elevations are proposed to be changed to reflect the revised corporate lettering logo. Any individual who would life to attend this meeting, but because of a disability needs some accommodation to participate, should contact the Community Development Department, at 10+0 South Emerson, Mount Prospect, IL 60056, 708-392-6000, East. 5328, IDD #708-392-60640 e MAYOR GERALD L, FARL I' TRUSTEES GEORGE A,,, C<WOWE TIMOTHY J. CORCORAIN RICHARD N, HENDRICKS PAUL USM,, HOEFERT i " s. " MICHAELE W, KOWRDy r spe c IRVANA K WILK VILLAGE MANAGER 100 0 South Emerson Street Mount Prospect, Illinois 60056 MICHAEL Em JANONI VILLAGE CLERK CAROL Au, FIELD Phone: 708 1392-6000 Fax: 7018 / 392-8022 TOO: 708` / 392.6064 AGENDA BUSINESS DISTRICT DEVELOPMENT AND REDEVELOPMENT COMMISSION Regular Meeting Wednesday, ,dune 28, 1995 Village Hall 100 South Emerson Street 7.30 P.M. I. CALL TO ORDER H. ROLL CALL in. APPROVAL OF MINUTES TES APRIL 12, 1995 IV. OLD BUSINESS A. Pontarelli: Update V. NEW BUSINESS A. Post Office Reconfiguration B. Community Development Department Staffing Changes C. Downtown Vacancy Report Vi. ADJOURNMENT Any individual who would life to attend this meeting, but because of a disability needs some accommodation to participate, should contact the Community Development Department at 100 South Emerson, Mount :prospect, IL 60056,708-392-6000, Ext. 5328, TDD #708-392-6064.