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HomeMy WebLinkAboutRESO 42131 • ORIGINAL RESOLUTION NO. 4213 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUBMITTIZ?G TO THE ELECTORS OF THE CITY OF PALO ALTO AT THE 1969 GENERAL MUNICIPAL ELECTION AN AMENDMENT TO SECTION 1 OF ARTICLE VI OF THE CHARTER OF THE CITY OF PALO ALTO TO INCORPORATE IN SUBSTANTIAL FORM THE RECALL PROVISIONS OF GENERAL LAW WHEREAS, the City Council, as provided in Section 8(h) of Article XI of the Constitution of the State of California, desires to submit to the electors at the 1969 general municipal election, on its own motion, a proposed amendment to the Charter of the City of Palo Alto, NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The following proposition shall be submitted to the electors of the City of Palo Alto at the 1969 general municipal election to be held on May 13, 1969, to be designated Proposition 10: Proposition 10 Shall Section 1 of Article VI of the Charter of the City of Palo Alto be amended to provide that the recall procedure include provisions for serving notice of intention on the councilman sought to be recalled and for the filing and publication of such notice with statements for and against the recall before a petition may be circulated; to add ten days to the period preceding the recall election; to provide that only qualified voters may circulate petitions; to provide that the number of signatures required on a recall petition be changed to at least twelve percent of the regis- tered voters at the last general municipal election; and to incorporate in the Charter the g, eral law recall form of ballot? For the amendment Against the amendment SECTION 2. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 10, a.t shall be deemed ratified, and Section 1 of Article VI of the Charter of the City of Palo Alto shall, upon approval by the Legislature of the State of California, be amended to read as follows: • "Sec. 1. Recall. Proceedings may be commenced for recall of any councilman by the service, filing and publi- cation of a notice of intention to circulate a recall petition. Proceedings may not be commenced unless, at the time of commencement, the councilman has held office for at least six months and no recall petition has been filed against him with!. the preceding six months. "The petition demanding the recall of the councilman sought to be recalled, signed by registered voters equal in number to at least twelve percentum of the number of regis- tered voters at the last general municipal election, shall be filed with the clerk. One election is sufficient for the recall of one or more councilmen, but a separate petition is necessary to propose the recall of each councilman. "No signature may be affixed to the petition until the proponents have served, filed and published a notice of in- tention to circulate a recall petition, containing the name of the councilman sought to be recalled, a statement in not more than five hundred words of the grounds on which the recall is sought, and the name and address of at least one proponent. The notice of intention shall be served, per- sonally or by certified mail, on the councilman sought to be recalled, and a copy thereof with a certificate of the time and manner of service shall be filed with the clerk. "Within seven days after the filing of the notice of intention, the councilman sought to be recalled may file with the clerk an answer in not more than five hundred words to the statement of the proponents and, if an answer is filed, shall serve a copy thereof, personally or by certified mail, on one of the proponents named in the notice of inten- tion. The statement and answer are intended solely for the information of the voters and no insufficiency in the form or substance thereof shall affect the validity of the election or proceedings. The notice, statement and answer, if any, shall be published in a newspaper of general circulation. "Seven days after the publication of the notice, state- ment and answer, if any, the recall petition may be circulated and signed. The petition shall bear a copy of the notice of intention, statement and answer, if any. If the councilman has not answered, the petition shall so state. Signatures shall be secured and the petition filed within ninety days from the filing of the notice of intention. If such petition is not filed within the time permitted by this section, the same shall be void for all purposes. "The signatures to the petition need not all be appended to one paper, but said petition may be presented in sections. The number of signatures to each section shall be at the pleasure of the person soliciting signatures to the same. Any qualified voter of the municipality shall be competent to solicit said signatures. Each section shall have at- tached thereto the affidavit of the person soliciting signatures to the same, stating that all the signatures to the attached section were made in his presence, and that to the best of his knowledge and belief each signature to the section is the genuine signature of the person whose name purports to be thereunto subscribed, and no other affidavit thereto shall be required. Each signature, the genuineness of which is not called in question by the sworn affidavit of the alleged owner thereof, shall be presumed to be genuine. - 2 - • • Unless and until it be proven otherwise by official investiga- tion, it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters.. Each signer of said petition shall add to his signature the. date of signing and his place of residence, giving the street and number. When filed with the clerk, the petition shall have designated therein the name or number of the respective precinct in which each of the signers resides. "Within ten days from the date of filing such petition. the clerk shall examine and ascertain from the records of registration whether or not said petition is signed by the requisite number of electors entitled to vote, and if necessary the council shall allow the clerk extra help for that purpose, and the clerk shall attach to said petition his certificate showing the result of said examination. If, by the said certificate, the petition is shown to be in- sufficient, it may be amended by additional signatures within ten days from the date of said certificate. The clerk shall, within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect. "If the petition shall be found to be sufficient, the clerk shall submit the same to the council without delay, and the council shall thereupon order and fix a date for holding the said election, not less than forty days nor more than fifty days from the date of the clerk's certificate to the council that a sufficient petition is filed. Can- didates for this election shall file with the city clerk not less than thirty-five days before the election. "The clerk shall mail to each voter a sample ballot and a separate printed copy of the statement of the pro- ponents and of the answer, if any, of the councilman sought to be recalled. If the recall of more than one councilman is sought, the statement and answer for each shall be printed together and shall be clearly distinguished from those of any -other councilman. "There shall be printed on the recall ballot, as to each councilman whose recall is to be voted on, the question: 'Shall (name of person) be recalled from the office of councilman?' followed by the words 'yes' and 'no'. If a majority of those voting on any question voted in favor of the removal of an incumbent, he shall be deemed removed from office upon the qualification of his successor. "On the recall ballot, under each.question, there shall be printed the names of those persons who have been nominated in the manner provided herein ..as candidates to succeed the incumbent if he is recalled._..No.vote cast shall be counted for any candidate for the.office.unless the voter also voted on the question_of_the.recall of the person sought to be recalled from that office. The name of the person against whom the petition_is filed shall not appear on the ballot as a candidate for the office. If the vote recalls the councilman, the.candidate who has received the highest number of votes for the office shall be declared elected for the unexpired term of the former incumbent. If the person who received the highest number of votes fails to qualify within ten days after receiving the certificate of election, the office shall become vacant. Said election shall be conducted, returned, and the results thereof declared, in all respects as are all other municipal elections; provided, that if there be any conflict of provisions this charter shall control." SECTION 3. The Council hereby determines that Propositions. 9 and 10 are alternative or conflicting propositions within the - meaning of subsection (j) of Section 8 of Article XI of the Constitution of the State of California and, accordingly, if more than one of said propositions shall receive a majority of the votes cast at said election, the proposition receiving the largest number of votes shall be deemed ratified, and the other of said propositions shall be deemed of no force or effect. SECTION 4. The City clerk is hereby directed to cause said proposed charter amendment to be published once in the PALO ALTO TINES, a newspaper of general circulation within the City of Palo Alto, and all editions thereof during the day of publication. Said advertising in said newspaper shall be completed not less than forty nor more than sixty days prior to the date fixed for said election. The City Clerk is hereby directed to cause copies of said charter amendment to be printed in convenient pamphlet form and in type of not less than 10 point and to cause copies thereof to be mailed to each of the qualified electors of the City of Palo Alto, and she shall, until the day fixed for the election upon such charter amendment, advertise in the PALO ALTO TINES, a newspaper of general circulation in said city, a notice that said copies thereof may be had upon application therefor. The City Clerk shall publish all such other notices and do all such other things as may be required to submit such proposition to said electors at said election.