1982-20Bi11 19x2-2o
TRANSITORY ORDINANCE N0. 17.00
CHARTER AMENDMENT ORDINANCE NO. 14
CHARTER AMENDMENT ORDINANCE RELATING
TO RECALL OF ELECTED PUBLIC OFFICERS
OF THE CITY, AMENDING CHAPTER 5 OF
THE RICHFIELD CITY CHARTER
CITY OF RICHFIELD DOES ORDAIN:
The City Charter of the City of Richfield is hereby amended as
follows:
(1) The title of Chapter 5 is amended to read;
"Initiative aid, Referendum and Recall"
(2) Sec. 5.01 is amended to read:
"Powers reserved by the people. The people of Richfield
reserve to themselves the powers, in accordance with the provi-
sions of this charter, to initiate and adopt any ordinance,
except an ordinance appropriating the money or authoriziizg the
levy of taxes, to request such an ordinance when passed by the
council to be referred to the registered voters for approval or
disapproval and to recall elected ublic officials. These powers
shall be called the initiative a~~., referendum and recall,
respectively.
(3) Sec. 5.02 is amended to read:
"Expenditures by petitioners. No member of any initiative,
'~ e~ 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 advice
and from incurring an expense not to exceed $200.00 for station-
ery, copying, printing, and notarial fees. Any violation of the
provisions of this section is a misdemeanor.
(4) Sec. 5.03 is amended to read:
"Further regulations. The council may provide by ordinance
such further regulations for the initiative, a~ referendum or
recall, not consistent with this charter, as it deems necessary.
(5) The following new paragraphs shall be added after
•Section 5.13:
"Sec. 5.14. The Recall. No less than 25 registered voters
may form themselves in a committee for the ur ose of brin ing
about the recall of any council member including the mayor. If
the committee seeks the recall of a district council member, the
sought, a statement of the grounds for removal in not more than
250 words, and their intention to bring about his or her recall
A copy of this certificate shall be attached to each signature
paper and no signature a er shall be put into circulation pre-
vious to such certification.
The grounds as set forth in the recall etition must be
predicated on one or more charges of malfeasance, nonfeasance or
both. For this pu ose the word "malfeasance" means the perfor-
mance of an act by a council member in his or her official capa-
city that is wholly illegal and wron ful and the word "nonfea-
sance" means the ne iect or refusal, without sufficient excuse,
to do that which it is the council member's legal duty to do.
"Sec. 5.15. Recall Petitions. The petition for the recall
of any council member shall consist of a certificate identical to
that filed with the city clerk together with all the signature
papers ana atriaavits thereto attached. All the signatures need
not be on one si nature a er, but the circulator of every paper
shall make an affidavit that each s~ nature appended to the paper
is the genuine signature of the arson whose name it
purports to
be. Each si ature a er shall be in substantially the following
form:
RECALL PETITION
proposing the
which recall i
certificate.
', tee of registe
office.
1.
recall of
s sou ht for
this movement
red voters e:
Name
office as
he reasons set forth in the att
s sponsored by the following co
bible to vote on candidates for
2.
3.
Address
0
The undersigned registered voters, all being eligible to vote on
candidates for that office, understanding the nature of the
charges against the council member herein sought to be recal ed,
desire the holding of a recall election for that purpose.
Name Address
1.
2.
3.
-2-
the registered voters constituting the committee shall be from
the council member's district. The committee shall certify to
the city clerk the name of the council member whose removal is
At the end of the list of si natures shall be ap ended the affi-
davit of the circulator.
"Sec. 5.16. Filing of Petition. Within 30 days after the
filing of the original certificate the committee shall file the
completed petit~.on in the office of the city clerk The city
clerk shall examine the petition within the next five days, and
if the clerk fends it irre ear in any way, or finds that the
number of signers is less than 25 ercent of the total number of
registered voters eligible to vote on candidates for that office
at the last precedin re ear munici al election, the city clerk
shall so notify one or more members of the committee The com-
mittee shall then be even ten days in which to file additional
signature papers and to correct the etition in all other
respects, but they may not change the statement of the grounds
upon which the recall is sou ht. If at the end of that time the
city clerk fends the etition still insufficient or irregular,
the clerk shall notify all the members of the committee to that
effect and shall file the etition in the city clerk's office
No further action shall be taken thereon.
"Sec. 5.17. Recall Election. If the etition 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 pendln action. If the council member sou ht to be
recalled does not resign within ten days after Navin bean given
such notice, the council shall, at its next meetin occurin more
than ten days after the receipt by the council of the recall
petition, by resolution, rovide for the holdin of a special
recall election not less than 30 nor more than 45 days after such
meeting, but if any other election is to occur within 60 days
~. after such meetln the council may in its discretion provide for
the holdin of the recall election at treat time If the s ecial
recall election involves a district council member, the recall
election shall be conducted one within the district of such
council member. If It involves several district council members,
the election shall be conducted only within the districts of such
council members. If it involves a council member who is elected
at large, the election shall be a city-wide election
"Sec. 5.18. Procedure at Recall Election. The city clerk
shall include with the ublished notice of the election the
statement of the rounds for recall and also, in not more than
500 words, the answer of the council member concerned in justifi-
cation of his or her course in office. The election shall be
conducted as far as ossible, in accordance with the usual proce-
dure in municipal elections.
"Sec. 5.19. Form of Recall Ballot. The form of the ballot
at such election shall be as near as may be: "Shall
be recalled?" The name of the council member whose recall is
sought and his or her office shall be zn the blank. The electors
shall be permitted to vote separately "Yes" or "No" u on this
-3-
question. If a majorit of those voting on the question of
recall vote in favor of recall, the official shall be thereb
removed from office.
"Sec. 5.20. Procedure to fill Vacancy In the event that a
council member is recalled by the electors or resigns after a
petition has been filed for his or her recall, the vacanc shall
be felled in the followin manner:
If Less than six months remain in the council member's term
of office at the time of the recall election or at the time of
resignation in response. to a recall petition, as the case may be,
the vacancy shall be filled by the remainin members of the city
council for the unexpired term ursuant to Sec 2 05.
If six months or more remain in the council member's term at
the time of such recall or res~ nation, the council shall call a
special election to fill the vacancy for the balance of the
council member's term. Such election shall be called within ten
days after such recall or resi ation, and the s ecial election
shall be held not less than 30 nor more than 45 days after the
meeting at which the election as called. Candidates to fill the
unexpired term shall be nominated in the usual way and the elec-
tion shall be conducted as far as possible in accordance with
procedures in munici al elections exce t that there shall be no
primary election and the candidate receivin the hi hest number
of votes for the office shall be elected to fill the unex fired
term. "
(6} Effective Date. This ordinance is effective ninety
(90} days after its publication, subject to the provisions of
Minnesota Statutes, Sec. 410.12, Subdivision 7.
Passed by the City Council of the Cit of Richfield,
Minnesota this 26th day of 4.Tuly / ~ 1982!
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• `~ Jo yr Hamilton` Mayor
ATTEST. '/ //
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Sy a K. Bergh City Cl
Publish August 4, 1982
-4-
5UN
NEi~SPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD SUN
8940 Lyndale Avenue South Bloomington, Minnesota
State of Minnesota
County of Hennepin
D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge
of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said
newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its
news columns devoted to news of local interest to the community which it purports to serve and does not
wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement. (4) Said newspaper is' circulated in and near the municipalities which it purports to
serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75%
of its total circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the
County of Hennepin, and it has its known office of issue in the City of Bloomington in said county,
established and open during its regular business hours for the gathering of news, sale of advertisements
and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its
employ and subject to his direction and control during all such regular business hours and devoted
exclusively during such regular business hours and at which said newspaper is printed. (6) Said
newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper
is made available at single or subscription prices to any person, corporation, partnership or other
unincorporated association requesting the newspaper and making the applicable payment. (8) Said
newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of
publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary
of State and signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
He further states on oath that the printed B17.7. 19$2-2~
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, foresuccessive weeks;
that it was first so published on Wed the 4' day of A11~11S t ly g 2
and was thereafter printed and published on every to and including
the day of , 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit:
abedefghijklmnopgrstuvwxyz ]~f~
~,
~'~ - 6
Subscribed and sworn to before me this 4 day of Al1gUS t 19 $ 2
_ .::SCTn
~ `1 °~
(Otflclal Publication)
BILL 1982-EO '
TRANSITORY ORDINANCE NO. 17.00
CHARTER AMENDMENT ORDINANCE NO. 14
CHAfi.TE ENDMENT ORDINANCE RELATING
TOR L OF ELECTED PUBLIC OFFICERS
OF, .CITY, AMENDING CHAPTER 5 OF
RICHFIELD CITY CHARTER
CITY OF RICHFj DOES ORDAIN:
The City Charter~4 'e City of Richfield is hereby amended as follows:
(1) The title of Chanter 5 is amended to read;
'Initiative and, Referendum and Recall"
(2) Sec. 5.01 is amended to read:
"Powers reserved 4y the' people. The people of Richfield reserve to
themselves the powers,~:in,accordance with the provisions of this charter, to
initiate and adopt any ordinance, except an ordinance appropriating the
money or authorizing the levy of taxes, to request such an ordinance when
passed by the council to be referred to the registered voters for. approval or
disapproval and to recall elected public officials. These powers shall be called
the initiative and, referendum and recall, respectively.
(3) Sec. 5.02 is amended to read:
'Expenditures by petitioners. No member of any initiative, or referendum,
or recall committee, no circulator o[ 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 no[ prevent the committee from paying for legal advice and
from incurring an ex nse not to exceed $200.OOfor stationery, copying,
printing, and notarial Sees. Any violation of the provisions of this section is a
.misdemeanor.
(4) Sec. 5.03 is amendedao read:
"Further regulation9, The council may provide. by ordinance such further
regulations far the initiative, or referendum or recall, not consistent with this
charter, as it deems necessary.
(5) The following new,pparagraphs shall be added after Section 5.13:
"Sec. 5.14. The RecegN{l,No leas than 25 registered voters may form
themselves in a commh'teelor the purpose of bringing about the recall of any
council member includinglhe mayor. If the committee seeks the recall of a
district council membee',.,the registered voters constituting the committee
shall be from the council member's district. The committee shell certify to
the city clerk the name'of.the council member whose removal is sought, a
statemem of the grounds„for removal in not more than 250 words, and their
intention to bring about his or her recall. A copy of this certificate shell be
attached to each signature paper and no signature paper shall be put into
circulation previous to such certification.
The grounds as set forth in the recall petition must be predicated on one or
more charges of malfeasaIICe, nonfeasance or both. For this purpose the word
"malfeasance" means the performance of an act by a council member in his
or her official capacity that. is wholly illegal and wrongful and the word
"nonfeasance" means the neglect or refusal; without sufficient excuse, to do
that which it is the council member's legal duty to do.
"Sec. 5.15. Recall Pe ialOns. The petition for the recall of any council
member shall consist of rtificate identical to that filed with the city clerk,
together with all the sig -' ~ papers and affidavits thereto attached. All the
signatures need not be ' be signature paper, but the circulator of every
paper shall make en affidavit that each signature appended to the paper Is
the genuine signature o~„;be person whose name it purports to be. Each
signatwe paper shall bed0~aubstantlally the following form:
i 'RECALL PETITION
proposing the recall. '; of office as which recall is
sought for the reasons set~brth in the attached certificate. This movement Is
sponsored, by the foltowEtjp.:eommittee of registered voters eligible to vote on
candidates for that offic)'i:'~""`'"s, ,
Name ;'~"~ Address
The undersigned rag ed voters, all being eligible to vote on candidates
for that office, undera ing the nature of the charges against the council
member herein song be recalled, desire the holding of a recall election
'for that purpose.
Name Address
J At the end of the " fof signatures shall be appended the affidavit of the
circulator. ";+r ,;
Sec. 5.18. Filing oh;XRtition. Within 30 days after the filing of the original
certificate the com~ltilee shall [lie the completed petition in the office of the
city' clerk. The city clerk shall examine the petition within the next five days,
and if the clerk fint~s"tt lireguler in any way, or finds that the number of
signers is less than 2bpercent of the total number of registered voters eligible
to vote on candidates r that office et the last preceding regular municipal
election, the cityclerk hall so notify one or more members of the committee.
The committee shall. then be given ten days in which to Eile additional
signature papers atti);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 the city clerk finds the petition atilt inau[ficlent or
irregular, the clerk ~r notify all the members of the committee to that
effect and shall file life petition in the city clerk's onnce. No further action
shall be taken thereot(:'.~, ,
"Sec. 5.17. Recall Election. If the petition or amended petition is found
sufficient, the city clerk shall transmit it to .the council without delay, end
shall also officially notify the person sought to be recalled of the sufficiency of
the petition and of the;pending action. If the council member sought to be
recalled does not resign within ten days after having been given such notice,
the council shall, at ita~next meeting occuring more than ten days after the
receipt by the council~o! jhe recall petition, by resolution, provide for the
holding of a special recall election not less than 30 nor more than 45 days after
such-meeting, but if agy.otber election is to occur within 60 days after such
meeting, the council ttra~y in its discretion provide'for the holding of the recall
election at that time. ff'the special recall election involves a district council
member, the recall election shaft be conducted only within the district of such
council member. If It involves several district council members, the election
shall be conducted onCy`~within the districts of such council members. If it
involves a council member who is elected at large, the election shall be acity-
wideelection. ~~ "
Sec. 5.18. Procedur ~` 4 Recall Election. The city clerk shall include with
the published notice of tide election the statement of the grounds for recall and
also, in not more than SObwurrda, the answer of the council member concerned
in justification of his or llet~+course in office. The election shall be conducted as
far as possible, in at~Doydsnce with the usual procedure in municipal
elections. ~~i_
Sec. 5.19. Form of Recall Ballot. The form of the ballot et such election
shall be as near as may be: "Shall he recalled?" The name of the council
member whose recall issought and his or her office shall be in the blank. The
electors shall be permJt~ed to vote separately "Yee" or "No" upon this
question. If a majority aK~hoae voting on the question of recall vote in favor of
recall, the official shall Lp~~ thereby removed from office.
"Sec. 5.20. Procedure~fo'till Vacancy. In~the event that a council member Is
recalled by the electors or.~resigns after a petition has been filed for hie or her
recall, the vacancy shall: be tilled in the following manner:
If less than six months remaln'In the council members' term of office et the
time of the recall election or at the time of resignation in response to a recall
petition, as the case may.~be, the vacancy shall be tilled by the remaining
members of the city council for the unexpired term pursuant to Sec. 2.05.
If six months or more remain in thecouncll member's term at the time of
such recall or resignation; the council shall call a special election to fill the
vacancy for the balancegLfhe council member's term. Such election shall be
called within ten day9 er such recall or resignation, and the special
election shall be held nd,K ' s than 30 nor more than 45 days after the meeting
at which the election 1 `" ~d. Candidates to fill the unexpired term shall be
nominated in the uau '^ and the election shall be conducted as far as
possible in accords procedures in municipal elections except that
there shall be no 'a~y~election-aed the candidate receiving the highest
number of votes fot:ythe office shall be elected to fill the unexpired term."
ray FCCo.N:.,o no4a T'h;e nrriinanna ie Prra~r;»a n;nety f9n1 davs after its