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CHA 09/24/2007 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: September 19, 2007 CITY OF Re: September 24, 2007 Charter Meeting FRIDLEY The next Charter Commission meeting will be held on Monday, September 24, 2007, in Meeting Room 1 in the lower level of City Hall at 7:00 p.m. Please find enclosed the agenda, minutes and working documents for the meeting. Staff was directed to prepare an ordinance for amendment for the changes recommended in Chapter 1 through 4. A special election is being held November 20, 2007, to allow voters to determine whether or not Ordinance No. 1244 proposing an amendment to Chapter 7 should be approved. Remember, the Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, May 21st as to whether or not they plan on attending the meeting. Please remember to call or e-mail me by Monday morning. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, SEPTEMBER 24, 2007 AT 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1, Lower Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES May 21,2007 3. Administrative Matters A. Reappointment of Commissioner Borman who's term ends 11/24/07 4. Proposed Ordinance Amendment Chapters 1-4 6. Discussion of Chapter 5 7. Discussion of Future Items 8. ADJOURNMENT Next regular meeting: Monday, October 22, 2007, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING May 21,2007 CALL TO ORDER: Chairperson Borman called the Charter Commission meeting to order at 7:03 p.m. ROLL CALL: Members Present: Peter Borman,Gary Braam,Don Findell,Craig Gordon, Carol Hoiby,Bill Holm,Mary Kirkwood,Kathy Linder,and Leslie Plummer Members Absent: Nancy Jorgenson,Ted Kranz,Pam Reynolds,Noel Ryan,Lois Scholzen and Cindy Soule Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: Commissioner Gorgon MOVED and Commissioner Braam seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF APRIL 23,2007,CHARTER COMMISSION MINUTES: Commissioner Gordon MOVED and Commissioner Borman seconded a motion to approve the April 23,2007, Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. ADMINISTRATIVE MATTERS Chairperson Borman suggesting adjourning the meeting early to attend the Council meeting to testify,if needed,on the proposed charter amendment. The Commission discussed what the process would be if a referendum petition was received on the proposed amendment. If a petition is received,the city clerk will notify the Commissioners by mail. DISCUSSION OF CHAPTER 3(TABLED) DISCUSSION OF CHAPTER 4(TABLED) DISCUSSION OF CHAPTER 5(TABLED) DISCUSSION OF FUTURE ITEMS It was recommended the city clerk prepare an ordinance with the proposed amendments for Chapter 1-4 for the September meeting and discussion of Chapter 5 begin. ADJOURNMENT: Commissioner Gordon MOVED and Commissioner Braam seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:20 P.M. Respectfully submitted, Debra A. Skogen, Kathleen Linder,Secretary /'� City Clerk/Staff Liaison ORDINANCE NO. AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 2. CITY COUNCIL ORGANIZATION, CHAPTER 3. PROCEDURE OF COUNCIL,AND CHAPTER 4. NOMINATIONS AND ELECTIONS After consideration and recommendation of the Fridley Charter Commission, the Fridley City Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule Charter be hereby amended as follows: SECTION 1: That Chapter 2 of the Fridley Home Rule Charter be hereby amended as follows: CHAPTER 2. CITY COUNCIL ORGANIZATION SECTION 2.02. ELECTIVE OFFICERS. 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters as defined by Section 1.04.1 of this Charter. (Ref. Ord. 1034) 6. The Council shall .= , - '. __ . _ _ :_ ._ . " _ . e . e serve as the canvassing board for city elections. SECTION 2: That Chapter 3 of the Fridley Home Rule Charter be hereby amended as follows: CHAPTER 3. PROCEDURE OF COUNCIL SECTION 3.01. COUNCIL MEETINGS 3. From time to time the Council may hold conference meetings at which matters are discussed but no formal action is taken. Most conference meetings should be scheduled at the same time as the City Council schedule is made by resolution. Section 3.02. SECRETARY OF COUNCIL. The Council shall Meese approve a Secretary to serve at its meetings. The Secretary shall prepare the journal of minutes of proceedings. The Secretary shall also prepare other records and perform other duties as may be required by this Charter or by vote of the Council. The Council may designate any official or employee of the City, except the City Manager or a member of the Council,to act as Secretary of the Council. (Ref. Ord. 1074) Section 3.04. ORDINANCES,RESOLUTIONS AND MOTIONS. Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting. All administrative business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and resolutions the ayes and sees nays shall be recorded unless the vote is declared unanimous. An affirmative vote of at least three (3) members of the Council is required for the passage of all ordinances, except as otherwise provided in this Charter. Resolutions and motions require a majority vote of the Councilmembers in attendance at the meeting, except as otherwise provided in this Charter. (Ref Ord. 1074) Ordinance No. Page 2 Section 3.06. EMERGENCY ORDINANCES. 1. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, and which is passed by a vote of at least three (3) members of the Council, as recorded by ayes and Bees nays. Section 3.10. CODIFICATION OF ORDINANCES. The ordinances of the City shall, at intervals of not more than five (5) ten (10) years, be rearranged and codified with such additions and deletions as may be deemed necessary by the Council. The codification shall be published in book or continuously revised loose-leaf form or stored by electronic means such as a computer. Copies of the Code of City Ordinances or any portion of it shall be made available by the Council at the office of the City Clerk for general distribution to the public at a reasonable charge. Each copy shall contain a printed certificate attested to by the City Clerk, that the publication is correct, and each copy so published shall be received in evidence in all courts for the purpose of providing the ordinances contained in it, the same as if the original ordinances were produced in court. (Ref. Ord. 1074) SECTION 2: That Chapter 4 of the Fridley Home Rule Charter be hereby amended as follows: CHAPTER 4. NOMINATIONS AND ELECTIONS Section 4.02. REGULAR MUNICIPAL ELECTIONS. • • • - •• = -- - • -- = Oen the first Tuesday after the first Monday in November municipal general elections shall be held, at such place or places as the City Council may designate by resolution. Regulaf General municipal elections shall be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord. 919) Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) registered voters of each voting precinct to be judges of elections therein and one (1) registered voter of the same precinct to be head judge of election, or as many more er-less as may be determined by the Council. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election.(Ref. Ord. 592, Ord. 873) Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE. If more than two candidates filed for office,the Council shall meet and canvass the primary election returns within two (2) calendar days after any primary election,. The two candidates for each office who receive the highest number of votes shall be nominees for the office named. Their names shall ■ '• be certified by the city clerk to the County Auditor who shall place them on the municipal general Ordinance No. Page 3 election ballot without partisan designation. The Council shall meet and canvass the general (regular) election or special election returns within seven (7) calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City Clerk. Said statement shall be made a part of the minutes. This statement shall include: (a)the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; and(f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. (Ref. Ord. 592) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE,REFERENDUM AND RECALL Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of the City of Fridley reserve to themselves the power, in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes; to require any ordinance when passed by the Council to be referred to the electorate for approval or disapproval; and to recall elected public officials. These powers shall be called the initiative,the referendum, and the recall,respectively. (Ref.Ord. 857, 1142) Section 5.02. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation,thereof, but this shall not prevent the committee from paying for legal adviced from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries' fees. A sworn.statement substantiating such expenses shall be turned over to the City Clerk within five 5 days following the filing of a sufficient Y O Ys= g g petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying thereto. (Ref.'Ord.625, 1142) Section 5.03. FURTHER REGULATIONS. 1. A lawful petition under this Charter may be submitted, signed and circulated upon an ordinance;to be initiated, or upon an ordinance to be made the subject of a referendum or on a proceeding for recall upon the grounds authorized by law and required by the Constitution of the State of Mrnesota. Reasons stated in the proposed petitions are to be stated and noted in the petition itself A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. (Ref. Ord. 625, 1142) 2. A petition under this Charter shall be filed in the office of the City Clerk as one (1) instrument, which instrument shall contain any required documents (appropriate to the 1 Fridley City Charter-Chapter 5 petition), a copy of any ordinance proposed, covered or affected, and all the signature papers and affidavits attached in support of the same. (Ref Ord 1142) 3. A petition may be signed by any registered voter. A petition can be circulated and verified only by a registered voter who has signed the same. All the signatures on any petition need not be on one (1) signature paper. The circulator of each group of signature papers shall be verified as the circulator of the same by attached affidavit which states that each signature was signed in the circulator's presence and is of the person that the same purports to be and that each signer was affirmed as a registered voter at the residence stated thereon. Any paper lacking such affidavit or verified by an affidavit false and untrue is insufficient and void of effect. (Ref. Ord. 625, 857, 1142) 4. The insufficiency or irregularity of a petition shall not prejudice the filing of any new petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special election, or otherwise acting favorably upon the same. (Ref. Ord. 625) 5. The Council may provide by ordinance, such further regulations for the initiative, referendum, and recall not inconsistent with.this Charter as it deems necessary. (Ref. Ord. 625) 6. The City Clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forward such information to the proper authority for prosecution under State Statutes applying thereto. (Ref. Ord. 625) INITIATIVE Section 5.04. INITIATION OF MEASURES. Any five (5)registered voters may form a committee for the initiation of any ordinance as provided in Section 5.03.01. Before circulating any petition the committee shall file a copy of the proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the proposed ordinance to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance on File. Fridley City Clerk: Date: ." (Ref. Ord. 857, 1142) 2 Fridley City Charter-Chapter 5 Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The completed petition for the adoption of any ordinance not yet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by at least ten percent (10%) of the total number of registered voters as of January 1st of that year. Each signature paper shall be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or,in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Address (Please Print) Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5,03.03. (Ref. Ord. 625, 857, 1142) Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within five (5) days after the filing of the completed petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least ten percent (10%) of the total number of registered voters, as of January 1st of that year. If the City �-. Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more 3 Fridley City Charter-Chapter 5 of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given thirty(30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 625, 857, 1142) Section 5.07. ACTION OF THE COUNCIL ON PETITIONS. When the completed petition is found to be sufficient,the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the:petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen percent (15%) of the total number of registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than forty-nine (49) nor more than sixty(60) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within `three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the electorate. (Ref. Ord. 857, 1142) 4 Fridley City Charter-Chapter 5 Section 5.08. INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances shall not go into effect until the City Council has had sixty (60) days to resolve the inconsistencies. (Ref. Ord. 625, 857) Section 5.09. INITIATION OF CHARTER AMENDMENTS. The ways to initiate amendments to this Charter are set forth in Minnesota Statutes. (Ref. Ord. 857, 914.) REFERENDUM Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a,petition signed by at least fifteen per cent(15%) of the total number of registered voters as of January 1st of that year request that any such ordinance be repealed or be submitted to a vote of the eiectcrs, the ordinance shall thereby be prevented from going into operation. (Ref,Ord. 857, 1142) Section 5.11. REFERENDUM PETITIONS. Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall file a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a 5 Fridley City Charter-Chapter 5 copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City Clerk , Date ." A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City,petition the Council for its submission to the electorate for their approval or disapproval. /`\ Name (Please Print) Address (Please Print) Signature 1. 2. 3. At the end of each group of signatures papers.shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref Ord. 625, 857, 1142) Section 5.12. FILING OF REFERENDUM PETITIONS Within five (5) days after the filing of the completed referendum petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least fifteen percent (15%) of the total number of registered voters, as of January 1st of that year. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given thirty(30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is i-� found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office, no 6 Fridley City Charter-Chapter 5 further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 1142) Section 5A3. REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF ORDINANCE When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: 1. There is a final determination of insufficiency of the petition; or 2. The petitioner's committee withdraws the petition; or 3. The council repeals the ordinance; or 4. Upon seven days after canvass of election is completed when a majority of those voting favors the ordinance. (Ref. Ord. 1142) Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or by aye and no vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance, the Council shall immediately order a special election to be held thereon,not less than 49 days nor more than 60 days after such meeting, or submit the ordinance at the next regular municipal election. (Ref Ord. 1142) Section 5.15. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. RECALL Section. 5.16. THE RECALL Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer of the City as provided in Section 5.03.01. 7 Fridley City Charter-Chapter 5 Before circulating any petition, the committee shall-file with the City Clerk a copy of a statement naming the elected officer whose removal is sought, a statement of the grounds for removal in not more than two hundred fifty (250) words, and their intention to bring about the recall with their names and addresses as members of said committee. The statement of grounds for removal of the elected officer must identify malfeasance or nonfeasance of conduct in the officer's performance of official duties. Malfeasance constitutes an illegal or harmful act which an elected official should not perform in an official capacity. Nonfeasance is the neglect or refusal to perform official duties. The committee shall also attach a verified copy of said statement to each of the signature papers herein described, together with their names and addresses as sponsors thereof. A verified copy of said statement shall be a copy to which the city clerk shall affix the following words: "Proposed Recall Statement on File. Fridley City Clerk(Attest): Date: . (Ref. Ord. 625,857, 1142) Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official°shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total number of registered voters of the Ward or City represented by the office holder as of January 1st of that year. Each signature paper shall be in substantially the following form: RECALL Proposing the recall of. . . . . ... . . from office as which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: Name Address 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose. 8 Fridley City Charter-Chapter 5 Name Address Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142) Section. 5.18 FILING OF PETITION. Within thirty(30) days after the filing of the original proposed petition, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next five (5) days, and if the City Clerk finds it irregular, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters of the Ward or City represented by the office holder as of January 1 of that year,the City Clerk shall so notify one(1)or more members of the committee advising the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects,but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall be taken thereon. (Ref. Ord. 857, 1142) Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than forty-nine (49) nor more than sixty (60) days after such meeting, but if any other election is to occur within sixty (60) days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. (Ref. Ord. 1142) 9 Fridley City Charter-Chapter 5 Section. 5.20. PROCEDURE AT RECALL ELECTION. The Clerk shall include with the published notice of the election the statement of the grounds for the recall and also, in not more than five hundred (500) words, the answer of the elected officer concerned in justification of his/her conduct in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted, as far as possible, in accordance with the usual procedure in municipal elections. (Ref. Ord. 857, 1142) Section 5.21. FORM OF RECALL BALLOT. Unless the officer whose removal is sought resigns within ten (10) days after the receipt by the Council of the completed recall petition, the form of the ballot at such election shall be: "Shall be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those voting shall be permitted to vote "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall (a majority voting "Yes"), the officer shall be promptly removed.from office. The Council shall then fill the vacancy for the unexpired term in accordance with the.City Charter, Section 2.06. If a majority of those voting on the question of recall vote against recall (a majority voting "No"), the officer shall continue in office with no-further action required. If the officer sought to be recalled resigns within ten (10) days after the receipt by the Council of the completed recall petition, the Council shall declare the office vacant and shall.:then fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. (Ref. Ord. 857, 1142) Section 5.22. INSTRUCTIONS TO PETITIONERS. The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance, for the initiation of Charter amendments, for a referendum, or for the recall of an elected official, written instructions delineating the correct and proper procedure for circulating the petition. The instructions provided will clearly define falsification of a signature and false attestation of a signature and will cite those ordinances, laws,or statutes relating to such acts. (Ref. Ord. 625, 1142) 10