SECTION 1. Establishment
Under M.R.S.A. Title 30-A Section 2602 (6) amended Oct. 13, 1993 a town may enact an ordinance for the recall and removal of elected municipal officials with the exception of school board as noted in M.R.S.A. 30-A Section 2602.
SECTION 2. Applicability
Any elected official may be recalled and removed from office as herein provided for.
SECTION 3. Petition for Recall
a. The petition for recall must contain only signatures of the registered voters of the Town of Poland, equal to Fifteen percent of the number of votes cast in the last Gubernatorial election but in all cases no less than fifty.
b. The petition shall be addressed to those members of the Board of Selectmen having no interest in the subject matter of the petition or to the Town Clerk.
c. The petition shall state the name and office of the person whose removal is being sought, and a specific statement of the reasons such removal is desired (e.g., attendance, neglect of duty).
d. If recall of more than one official is being sought there shall be a separate petition for each official whose removal is being sought.
e. Each page of the petition shall provide a space for the voter’s signature, address, and printed name.
f. All petition pages thereof shall be filed as one document.
SECTION 4. Clerk’s Certification
Within ten (10) days of receipt of the petition the Town Clerk shall certify the signatures contained on the petition and shall determine if the petition meets all the requirements set forth in section three of this ordinance. Should the petition be found insufficient the petition will be filed in the clerk’s office and the voter who filed the petition will be notified.
SECTION 5. Calling the Recall Election
a. If the petition is certified by the Town Clerk to be sufficient he or she will submit the same with his or her certification to the Board of Selectmen at their next regular meeting and shall notify the official or officials whose removal is being sought of such action.
b. The Selectmen upon receipt of the certified petition shall within ten (10) days time of their receipt order an election by secret ballot to be held not less than 30, but not more than 60 days thereafter, provided that a regular municipal election will not be held within 90 days of the selectmen’s receipt of the certified petition, in which case the selectmen may at their discretion provide for holding of the recall election on the date of the regular municipal election.
c. In the event that the Town Selectmen fail or refuse to order an election as herein provided the Town Clerk shall call the election to be held not less than 30 days nor more than 60 days following the Selectmen’s failure or refusal to order the required election.
SECTION 6. Ballot for Recall Election
Unless the official or officials whose removal is being sought, have resigned within ten (10) days of receipt of the petition by the Board of Selectmen the ballots shall be printed and shall read “SHALL _____________________ BE RECALLED?” with the name of the official whose recall is being sought inserted in the blank space.
SECTION 7. Result of Election
In the event of an affirmative vote for removal, such vote shall take effect as of the recording of the vote tabulation into the records.
SECTION 8. Vacancies to be Filled
Any vacancy resulting from removal from office under this ordinance shall be filled in accordance with the provisions contained in the Maine State Statutes.
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