Recall Amendment
By Danielle Carty
How did this charter come about?
The town of Bemidji is run under a charter, which means we are
run under a weak mayor strong management. The people secure the benefits of
home rule and affirm the values of representative democracy. There are 8
charter commissioners that are residents of Bemidji that at least have to meet
annually, which is in June. The commissioners try to meet the needs of the
people. They researched and looked into the recall amendment that rochester has
and they believed it would be beneficially to the people.
What is the recall amendment?
The recall amendment provides the recall procedure to remove an
elective municipal official for malfeasance or nonfeasance. Which means they
are either not doing their job as an official, or they have any unlawful or
wrongful conduct that affects, interrupts or interferes with the performance of
official duties.
How does the recall amendment work?
Any five registered voters qualified to vote for a successor of
the office may form into a committee for the purpose of bringing about the
recall of such elective official. The committee shall initiate a petition
stating the grounds for removal. The petition, when complete, shall have been
signed by registered voters qualified to vote for a successor of the office
equal in number to twenty percent of those who voted for the office in the last
election. The completed recall petition is then filed with the City Clerk, who
thereafter shall determine if the petition is sufficient, the petition shall be
submitted to the City Council which shall call for an election of the voters to
determine if the alleged actions or omissions constituting malfeasance or
nonfeasance is sufficient cause for the elective official's removal from office.
If the official is the Mayor, or council member-at-large, the election shall be
city-wide. If the official is a ward council-member, it shall be limited to the
particular ward.
What happens if the voter doesn’t select yes or no?
The vote is not counted then, it is not like the state amendment
where if you leave it blank it counts as no. It does not get counted.
Does this amendment have to do with the Rental Ordinance?
No, this recall amendment has been looked into and thought about
by the charter commission for at least three years, this has no correlation to
the start of the recall amendment.
How long does it take for the recall to be processed?
The completed recall petition papers hall be filed in the office
of the city clerk within thirty days of the filing of the initial recall
proposal. Within thirty days of filing of the peition, the city clerk
determines if the voters are registered, and valid, and that the petition is
legitimate. The petition is sent from the clerk to the council. The council, at
it’s next meeting, fixes a date for the holding of a special recall election no
less than thirty no more than forty-five days thereafter. The recall election
shall be city-wide if the officer is the mayor or council member at large, and
shall be limited to a particular ward if the officer is a ward council member.
The officer will be removed and the office will be vacant, if a majority of the
votes cast on the question be in favor of the recall of said officer, said
officer shall be removed and the council shall thereupon declare a vacancy to
exist. Unless the officer whose removal is sought shall have resigned within
ten days after the receipt by the council of the completed recall petition, the
form of the ballot quesiton will read, “Shall ____________be recalled from the
office of _______? Then it will be followed with yes or no?
The ordinance will become effective ninety days after its passage
and publication according to law.
How long does the official have to be in office in order to be recalled?
No removal petition shall be filed against any officer until the
officer has actually held office for at least six months.
Can an official be put back into office after recall?
No person who has been removed from office by recall, or has
resigned from office after the filing of a recall petition, shall be appointed
to any office under this Charter within one year after such recall or
resignation.
Will there be information on the ballot about the recall
amendment?
Yes, there will be a definition of malfeasance and nonfeasance
and a short summary of how the recall process works.