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CHA 02/04/2013 TO: Charter Commission Members 11111 FROM: Deb Skogen, City Clerk and Staff Liaison Cindy Ruschy Staff Liaison Date: January 30, 2013 CITY OF FRIDLEY Re: February 4, 2013 Commission Meeting This is a reminder to you that the next Charter Commission meeting will be held on Monday, February 4th at 7:00 p.m. in Conference Room A of the upper level. In order to ensure a quorum, remember, the Charter Commission policy requires a member to call or e-mail us before 10:00 a.m. Monday, February 4th, as to whether or not you plan on attending the meeting. Please remember to call or e-mail Cindy by Monday morning at (763)572-3524 or e -mail at ruschyc a,ci.fridley.mn.us whether or not you will be attending the meeting. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not be 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. We will be providing the chapters for your Charter books as discussed at the last meeting. If you were not in attendance, please check your books and let us know prior to the meeting if you need anything. Staff will provide copies at the meeting of the League of MN Handbooks referencing statutory and home rule charters. The Nominating Committee should be prepared to provide their report to the Commission on Monday's meeting. After the meeting,the report shall be mailed to the Commissioners who were not at the meeting. I have also made changes to Chapter 5, per the Commission discussion at the last meeting. In addition, I have changed the language in the handout with proposed language after reviewing all of the election law from our Charter and State (which I have provided to you also for reference). Please call of e-mail if you have any questions. FRIDLEY CHARTER COMMISSION AGENDA MONDAY, February 4, 2013 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A - Upper Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES January 7,2013 3. ADMINISTRATIVE MATTERS A. Report of nominating Committee for 2013-14 officers B. Vacancy 4. DISCUSSION OF CHAPTER 5 5. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY 6. OTHER BUSINESS 7. FUTURE MEETING TOPICS 8. ADJOURNMENT Next Regular Commission meeting March 4, 2013 Conference Room A - Upper Level CITY OF FRIDLEY CHARTER COMMISSION MEETING JANUARY 7,2013 CALL TO ORDER: Chairperson Braam called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Gary Braam,Marion Flickinger,Carol Hoiby,Bill Holm,Rick Nelson, Pam Reynolds, Lois Scholzen,and Cynthia Soule Members Absent: Commissioners Peter Borman,Don Findell,Nancy Jorgenson,Ted Kranz,Barb Reiland and Keith Shaw Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Holm MOVED and Commissioner Soule seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds requested that two items in the minutes of October 1,2012 be amended. Page one should read"great granddaughter". Page two,top line should read as"this would not." Commission Holm MOVED and Commissioner Reynolds seconded motion to approve minutes as amended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. The 2013-2014 Officer nominating committee will be Commissioners Gary Braam,Marion Flickinger,and Lois Scholzen. B. Vacant seat on Commission needs to be filled. Deb Skogen said she will place an announcement requesting applications in the Focus newspaper and on the City's web page. Please send any suggestions to Deb for an application. CHARTER BOOKS CHAPTER REVIEW A review of the Chapters was completed and it was determined the following chapters are needed: Chapter 2-All Commissioners Chapter 3 -All Commissioners Chapter 4-Commissioners Gary Braam,Marion Flickinger,and Carol Hoiby Chapter 7-Commissioners Gary Braam and Carol Hoiby The requested pages will be handed out at the February meeting. Deb Skogen said everyone should check their books at home and if more Chapter copies are needed to please let her know. Fridley Charter Commission Meeting Minutes Page 2 January 7,2013 DISCUSSION OF CHAPTER 5 Section 5.04 Commissioner Reynolds said she was opposed to increasing the signatures needed for an initiative petition from 10% to 15%. She said in the past she had to acquire 5%and that was hard. Ms. Skogen said 5%was due to a charter amendment and was set by state statute. For an initiative petition to amend the City Code, it has always been 10%. Commissioner Reynolds thought Ms. Skogen had suggested creating consistency in this chapter and wondered why there were different percentages for initiative(15%)and referendum(15%). She wondered why increasing initiative by 5%rather than decreasing referendum by 5%. Ms. Skogen said the recommended consistency in this Chapter was to change it from a percentage of the registered voters to a percentage of the votes cast at the last general election so it was consistent with a charter amendment. This would mean that it would be the same number of signatures throughout the year rather than getting numbers on a given day,as each day in the State Voter Registration System would be different. And for purposes of the Charter you would have to print a report on January 1st to have the correct number,as you cannot go back in time to find the numbers. Commissioner Holm said they did not want to make it easier than it was today. He said if you assume 75%of the population votes in a general election and you get 10%number,it comes out to 7 1/2 people per 100 and if you took 15%of that number it would be 10 people per one hundred and that it was equivalent to 10%of the registered voters at any one time. He did not feel it was excessive unless you believe it is too hard now to start with. Commissioner Reynolds said at any given time in Fridley,only 5%of the general public know what is going on. However,during an election year the information is publicized and out there and more people are aware. She said on a day to day basis of a change is needed that the citizen feel is way out of line,most people do not watch the council meeting. Most people do not get the SunFocus distributed in the City of Fridley. She said the SunFocus only circulates to 2500(November 19,2012). She said when you put a petition together and need to get the information out, she still felt 10%should be sufficient. Ms. Skogen said according to a recent certified audit of circulation,the SunFocus delivers to over 7,00 households in the City. Commissioner Flickinger said 15%of those that voted care,the 10%of the registered voters that may not vote,don't care and will sign a petition. He felt the number reflected should be from the people who have voted that really care about Fridley and feel the percentage is the same. Commissioner Reynolds said the difference was about 300 signatures. Commissioner Hoiby said it shouldn't be easy,and there should be a higher thresh hold. Commissioner Holm said any registered voter can sign the petition to bring something forward to the City Council for change. Commissioner Reynolds said they had not reviewed Section 5.07 and that staff would come back with a recommendation. Discussion about seventeen weeks vs.three months and was not sure if it answered the questions they had prior to the last meeting. Commissioner Holm suggested amending Section 5.19 as follows "If a regular municipal election is to occur within seventeen weeks after such meeting..."removing the language about a primary or general election. Fridley Charter Commission Meeting Minutes Page 3 January 7,2013 Commissioner Holm said they thought about leaving the decision to the Council,but it may defer the process much longer. Commissioner Nelson said he did not think a special election should be required,as it would cost the City$15,000. He said ultimately, if a petition came forward,the council could support the change or the public could vote out the elective officials who did not support the change. Commissioner Holm wondered how a referendum petition would be handled. He said the Council would either withdraw the ordinance or send it to the voters to the next election-it would then go to the next general election, which could be almost two years. Commissioner Reynolds said that if it is a charter amendment you would have to hold a special election by state law. She said in Section 5.07 if you obtained 25%of the signatures,states it will go to the people for a vote. Commissioner Nelson thought this section meant anything more than a two year term left to serve. After further discussion,the Commissioners recommended having the ability of a special election if a recall petition is received. Commissioner Holm said if the Commissioners wanted to get rid of most of the sections containing special election, they thought more information was needed. Commissioner Nelson said the language conforms with the current law. Commissioner Holm said the commissioners were suggesting to get rid of the 25%provision completely,or,if it is left in,to leave the ability of having a special election. Commissioner Soule said 25%provision was for an initiative petition and you would need to allow for it to be placed on the ballot. Commissioner Reynolds said,according to the elections calendar it is almost impossible after the date of the primary election. Commissioner Holm MOVED and Commissioner Hoiby second a motion to affirm Section 5.05 to read"15%of the total votes cast at the last state general election in the City." The vote was 7 to 1,Reynolds voting nay,and the motion carried. Commissioner Holm MOVED that Section 5.07 be amended with language that if 25%of the votes cast at the last state general election would eliminate the provision requiring a special election upon a measure and that the form of Section 5.07 be amended with language that would require any such petitions,that are not affirmed by the City Council,would allow the question be sent to the electorate during the next regular election. Commissioner Soule said in Sections 5.06, if 15%it goes to petition, it is a valid petition, it goes to the next regular election,however Section 5.07 allows for a higher number of people to sign a petition to change something and that indicates the request for a special election,as it is an indication that it is a very important issue. Commissioner Reynolds said based on the state law,holding a special election is very difficult,as you cannot hold a special election during certain times of the year. Commissioner Nelson said if you remove the special election,there is no need for 25%. If you get 15%it would go to the electorate. The motion died for lack of a second. Fridley Charter Commission Meeting Minutes Page 4 January 7,2013 Commissioner Holm MOVED and Commissioner Nelson seconded a motion to change the language in Sections 5.07 and 5.12 to eliminate the potential for special elections and that language be altered and brought back to the Commission for their review. Commissioner Braam wondered if you wanted to remove the special election completely, if there were a lot of people were stirred up. Commissioner Soule agreed. Commissioner Reynolds said the beauty of the petition is you get to knock on doors and let people know what is going on and what the issue is,they will sign it. Commissioner Flickinger said they will care when you are there but they do not come out and vote. Commissioner Hoiby said that the petitioners do not always tell both sides, it is usually one sided and did not think that was fair. Commissioner Holm said if we do not eliminate special elections,we would have to go back and modify the timeline of when an election might be held. Commissioner Reynolds said in most cases a special election does not give a true representation about an issue. The Mayor will tell you that those concerned about the issue will come out and vote,and it is usually the people who signed the petition. So,unless you educate or tell the voters about the election,you will not have a high turnout. After further discussion,the vote was taken. The vote was 2 in support and 6 against. The motion failed. Commissioner Holm asked if they felt the same about the referendum, in Section 5.14,to have the council reaffirm, or send to the voters at a special election,or send it to the next regular election. Ms Skogen said if the Council reaffirms the ordinance,the ordinance could not be implemented until after the findings of the special election. Commissioner Nelson MOVED and Commissioner Holm seconded a motion to remove the language requiring a special election in Section 5.14. Upon a vote,four voting aye and four voting nay,the motion failed. The Commissioners asked Ms. Skogen to define what the seventeen week period means. They reviewed the handout of the language staff provided from 10/29/2012. Commissioner Holm asked if seventeen weeks was a good number or should it be something other than that. Ms. Skogen said it had to do with election law and she would have to revisit the election laws. DISCUSSION OF PROS AND CONS OF BEING A CHARTER CITY Commission will not discuss this evening,due to the lateness of the hour. ADJOURNMENT Commissioner Holm MOVED and Commissioner Hoiby seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,COMMISSIONER GARY BRAAM DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJORNED AT 8:35 PM. Respectfully submitted, Debra A. Skogen, Commissioner Peter Borman, Secretary City Clerk/Staff Liaison FRIDLEY CHARTER COMMISSION AGENDA MONDAY, February 4, 2013 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A - Upper Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES January 7,2013 3. ADMINISTRATIVE MATTERS A. Report of nominating Committee for 2013-14 officers B. Vacancy 4. DISCUSSION OF CHAPTER 5 5. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY 6. OTHER BUSINESS 7. FUTURE MEETING TOPICS 8. ADJOURNMENT Next Regular Commission meeting March 4, 2013 Conference Room A - Upper Level 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, monetary or otherwise, for service rendered in connection with the circulation thereof. This shall not prevent the committee from paying for legal advice and 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 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. 1252) 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 Minnesota. Reasons stated in the proposed petition;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 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. . . _ .. . ., . - void of effect. A petition may be circulated only by a registered voter of the City. A petition may be signed by any registered voter of the City. All the signatures on any petition need not be on. one (1) signature paper. The circulator of the petition shall be certified as the circulator of the petition by an attached notarized affidavit which states: (1) that each signature was signed in the circulator's presence; (2) the signature is from the person who signed the petition in front of the circulator; and (3) that each signer affirmed they were a registered voter at the residence stated thereon. Any signature paper lacking the notarized affidavit shall be void. If void,the signatures on. that paper shall not be used in the calculation of signatures needed to fulfill the petition requirement. 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, 1142) 2 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, 1142) 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, 1142) 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) 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 tent fifteen percent (-1-O-15%) of the total votes cast at the last state general election in the City. 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: 3 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) Birth Year 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) ten (10) 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 fifteen percent(10 15%)of the total . - . - • - votes cast at the last state general election in the City. 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 ten. (10) thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The City Clerk shall have live (5) days to verify the sufficiency of the additional signature papers or corrected petition. 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) 4 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 twenty-five percent(45 25%)of the total votes cast at the last state general election in the City number—of-registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than fifty three (53) nor more than sixty (60) days sixty-seven (67) 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 unless prohibited by Minnesota Election Law; but if a regular election is to occur within three (3) months, or not less than seventeen weeks, 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, 1252) 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 5 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 lumber of registered voters as of January 1st of that year votes cast at the last state general election in the City request that any such ordinance be repealed or be submitted to a vote of the electors, 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 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: 6 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) Birth Year 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 1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER AMENDMENT The requirements for the purposes of petitioning for a referendum repealing a charter amendment are set forth in Minnesota State Statutes. 2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE Within five (5) ten (10) 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 1'`of that year votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once forthwith 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 ten (10) thirty (30)days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The City' Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. 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 7 office, no 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. 1252) Section 5.13. 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 on any such ordinance vote in favor of it. (Ref. Ord. 1252) 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 nay 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 sixty-seven (67) 53 days nor more than 60 days after such meeting, unless prohibited by Minnesota Election law, or submit the ordinance at the next regular municipal election not less than seventeen weeks before the general election. (Ref. Ord. 1252) 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. 8 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. 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 votes cast in the last state general election in the Ward or City represented by the office holder . . .. Each signature paper shall be in substantially the following form: RECALL PETITION 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: 9 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. Name(Please Print) Birth Year 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) ten (10) 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 votes cast in the last state general election in the of the Ward or City represented by the office holder ' 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. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. 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) 10 Section. 5.19. RECALL ELECTION. (Changed 01-07-13) 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 fifty three (53) nor more than sixty (60) sixty-seven (67) days after such meeting unless prohibited by Minnesota Election Law., but Ii-f any other primary or general a regular municipal election is to occur within seventeen weeks 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. 1252) 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. 1. 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. 2. If the officer sought to be recalled does not resign within ten (10) days after the receipt by the Council of the completed recall petition, the question to be placed on the ballot at the recall election referenced in Section 5.19 of the Charter 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 11 recall (a majority voting "No"), the officer shall continue in office with no further action required. (Ref. Ord. 1252) 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) 12