§ 14-61-119 — Removal of director

(a) The holder of the office of city director or the mayor is subject to removal by the electors qualified to vote for a successor of the incumbent. (b) The procedure to effect the removal of the incumbent of this elective office is as follows: (1) The city clerk shall send to the subject of the recall a certified letter, return receipt requested, and a copy of the petition stating the basis of the recall shall be mailed to the incumbent whose removal is sought under this section; (2) (A) (i) A petition shall be filed with the city clerk within ninety (90) days after the collection of signatures began. (ii) The collection of the signatures for the petition shall not begin before the date the certified letter is mailed under subdivision (b)(1) of this section. (B) This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for the position held by the incumbent sought to be removed at the preceding general election for that position; (3) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought; (4) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any; and (5) One of the signers of each of the papers shall make an oath before an officer competent to administer oaths that: (A) The statements therein made are true as he or she believes; (B) Each signature to the paper appended is a genuine signature of the person whose name it purports to be; (C) The petition contains the information concerning the reason for the removal of the incumbent; and (D) The petition contains the date upon which the collection of signatures began. (c) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors. If necessary, the board of directors shall allow the city clerk extra help for that purpose. (d) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination. (e) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days. (f) (1) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition. (2) If his or her certificate shows the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to his or her filing a new petition to the same effect. (3) If the petition is deemed sufficient, the clerk shall submit it to the board without delay. (g) Upon receipt from the city clerk certifying that the petition is sufficient, the board of directors shall order and fix a date for holding an election under § 7-11-201 et seq. This date shall be not more than ninety (90) days from the date of the clerk's certificate to the board that a sufficient petition is filed. (h) The board of directors shall make or cause to be made, publication of notice and all arrangements for holding the election. (i) The election shall be conducted and returned, and the result thereof declared in all respects as are other such elections under election laws. (j) At the election, the proposition submitted to the electors shall be: Click here to view form. (k) If the majority of votes cast on the issue are in favor of the removal of the officer, the officer shall be removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies. (l) If the majority of the votes cast on that issue are against the removal of the officer, the officer shall continue to serve. (m) No recall petition may be filed against any officer until he or she has held his or her office for at least six (6) months, nor may any officer be subject to more than one (1) recall proceeding during any one (1) term of office.

Legislative History

Acts 1989, No. 907, § 17; 1991, No. 49, § 2; 2007, No. 1049, § 61; 2009, No. 1454, § 1; 2009, No. 1480, § 79; 2011, No. 778, § 1.