HomeMy WebLinkAbout1977-08-08 350 AE ORDER350 AS
Introduced by Councilor Finnigan, August 8, 19]]
CITY OF BANGOR
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WHEREAS, the Bangor City Council, by adoption of this Ceder, does hereby
determine and declare that Amendment to the Bangor City Charter is desirable
add necessary, and in the beat interests of the inhabitants of the City of
Bangor for purposesof providing a procedure for the recall of members of the
City Council, -
NOW, TBEBEFOBE, By the City Council' of the City of Bangor,
ORDERED, TEAT the City Clerk is hereby authorized and directed, pursuant
to 30 MA §81911 et seq., as amended, to provide for published notice and
hearing, said hearing to be held o , 1917, for purposes of
considering the proposed amendment to the Bangor City Charter, the text of
the proposed amendment and a brief explanation thereof being ae follows: -
THAT Article IV of the Bangor City Matter Is hereby amended with the
following: ,
SEC. 9-A Recall. Any member of the City Council may be recalled and
removed therefrom by the voters of the City as herein provided: _
(a) procedure. Any ten (10) qualified voters of the City may begin the
call procedure by signing and filing with the City Clerk an affidavit containing
the romaor mmb
a of the member or numbers of the City Council whose removal is
ought. Saidaffidavit shall also state the specific reasons why the removal is
desired. Whenever requested by said ten (10) voters, the City Clerk shall then
prepare the proper recall petition forms with a copy of the affidavit attached
thereto. Thereaftex the Clerk shall, during office hours fox thirty (30) business
days, keep the petition open for signature by registered voters of the City. In
addition, if so
requested by said ten (10) voters, the City Clerk shall also cause
up to tea (10) copies of said petition, together with the attached affidavit, to
be prepared and made available for circulation during said thirty (30) business
days by said ten (la) voters outside of the City Clerk's office. No voter may
sign any petition
ra than once. At the expiration of said thirty (30) bus
days, the City Clerk shall declare the petition closed, and all petitions circulated
outside of the Clerk's office must be filed with the Clerk prior to the expiration
of said deadline. The City Clerk shall not accept any petitioncirculated outside
of the Clerk's office without also receiving a affidavit from said circulator
stating that all of the signatures were
affixed In the circulator's presence; that
the circulator believes them to be thegenuine signatures of the namesof the persons
they purport to be; and that every signor hada Opportunity beforesigningto read
the fall text of the recall petition and affidavit
(b) Certification of recall petition. within ten (10) days after the closing
of the ,petition, the Clerk shall ascertain whether or rot the petition is sufficient.
In order to be Sufficient, the petition must be signed by a number of voters of
the City equal to at least ten percent (10;) of the number of registered voters
as determined at the time of the last preceding municipal election. The Clerk
shall attach to said petition a certificate showing the results of Such examination.
If the petition is found to be insufficient, the Clerk shall take no furthertaction
and the petition will be considered to be null and void.
(c) Calling of recall election. If the petition shall be certified by the
City Clerk to be sufficient, the Clerk shall submit the same with the Clerk's
certificate to the City Council at its next regular meeting and shall notify the
member or members whose removal is sought by such action. the City Council shall
thereupon within ten (10) days after the receipt of the City Clerk's certificate,
order a election to be held not leas than forty (40) m re than sty (bo) days
thereafter; provided that if a regular municipal election fe to occur
within ninety
(90) days after the [ un
receipt of said certificate, the City Council may in its discretion
provide, for the holding of a removal election on the date of such municipal election.
The removal election shell be called and held and armtnatlons made as in other elections
under this Charter except for the specific limitations of this Section.
(d) Form of ballot In recall elections. Unless the member or members whose
removal is sought shall have resigned within ten (10) days after the receipt by the
-City Council of the City Clerk's certificate, the form of the ballot at Such election
shall be as nearly as may be; "Shall A be reset Led? Shall B be recalled? 11 etc.,
the name of the member or members whose recall Is sought be inserted 1n place of A,
B, etc, and the ballot shall also contain the names of the candidates nominated
nated in
placeof:2he memberss
recalled, a follow "CaM idates for the platter A.
recalled; Candidates for the place of B,if recalled:" etc., but the members whose
call Is sought shall met themselves be candidates upon such a ballot. The names
shall be arranged as provided in Section 8 of this Article.
(e) Majority vote required: choosing of a s In majority of those
voting for and against the recall of any official shell vote infavor of recalling
such official, be or she shall thereby be removed, and in the event the candidate to
succeed him or bar for the balance of the unexpired term shall be determined as
provided in Section 10.
(f) Form of ballot after resignation. If the person or persons
ought to be
removed shall have eslgamd within ten (10) days after the receipt by the City Council
of the City Clerk's certificate referred to in this Section above, the form of the
ballot at the elect lou shall be the a nearly a may be, as the form need In
regular municipal elections and all other produres shall be the Same.
Explanation: The purposes of this amendment are to provide for the removal from office
of a City Councilor and to establish the procedure for doing so.
350 AE
N CITY COUNCIL
August I) 19]]
Motion to amemi in 3rd line Of
3rd paragraph by adding "August
0 R D E R
22C=fa-hired by the following yes
..
and 'novote: Councilors voting
Title,
Fee: Finnigan, cess, Henderson
RECEIVED "
aid 2eudalan. Councilors voting
.Pzavidlna. far. Al"BP{l1"ppt. Pf. Bpnaax....
CITY OF 6A..GG OR
Hrormtas, moxernen, Bonny,
norSwlas
CITY CLERK'S OFFICE
and Willey.Motion to amend
_
n 3rd line of 3rd paragraph by
"August
, p}ty, pj:pptpp„,-, ppppA}. of, ppunp}}. N&ere
t3A AUG 4 Ph 3 32
adding 23” failed by the
following yea and no vote: Cowcilors
..
voting yes: Finnigan, case,
dd d.
Introuceand filed by
Henderson and 2eWajryn. CoOkilora
voting n0: Brosstes, Willey.McKernan,
sonny, sonlae and Willey. Motion
to amend by adding "August 24"
Councilman
had no second. Motion merle and
seconded to Indefinitely Postpone.
Motion made to move the question.
.1Tis Oder Hes then Indefinitely
postponed by the following yes
and n vote: Brntas, MCKer�n,
w
Soucy, Sonless end Willey. Councilors
voting nor Finnigan, Gags, Henderson
and 2endzlan.
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