Charter of the City of Stockton

ARTICLE VIII
RECALL OF ELECTIVE OFFICERS

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SECTION 800. Recall

Every incumbent of the office of City Councilmember, whether elected by popular vote or appointed to fill a vacancy, is subject to recall by the voters of the Councilmember's district. The procedure to effect such removal from office shall be as hereafter in this article provided. Except as otherwise specifically provided in this Charter, every reference to procedures for the recall of a councilmember shall apply to the recall of the Mayor.

(Amended Election 6/2/70 effective 8/17/70; Amended Election 11/8/94 effective 5/22/95)

SECTION 801. Petition

A petition for the recall of a City Councilmember shall be signed by qualified electors of the district from which the Councilmember was elected or appointed equal in number to not less than twenty percent (20%) of the number of registered voters of such district last officially reported to the Secretary of State of the State of California by the County Clerk of the County of San Joaquin. A petition for the recall of the Mayor shall be signed by qualified electors of the city equal in number to not less than twenty percent (20%) of the entire votes cast by the electors of the City at the last preceding election for the Mayor. Every petition for the recall of an elective officer of the City shall be addressed to the City Council and presented to the City Clerk. The petition must contain a statement of the reasons for the demand.

(Amended Election 6/2/70 effective 8/17/70; Amended Election 11/8/94 effective 5/22/95)

SECTION 802. Format and Signatures

The signatures to a recall petition need not all be appended to one (1) paper, but each signer shall add to the signature the signer's place of residence, giving the street and number and the date of signing. The petition, when filed, must have designated therein the name or number of the respective precinct in which each of the signers reside. Each petition shall further contain the name and address of the person to whom the petition is to be returned in case said petition is found insufficient. Each separate action of the petition shall have attached an affidavit made by a voter of the affected territory which shall state that according to the best information and belief of the affiant, the following:
(a) That each signature appearing on each section of the petition is the genuine signature of the person whose name it purports to be; and
(b) That each signer of the petition or section thereof was, at the time of placing such signature on the petition, a registered, qualified voter of the affected territory; and
(c) That the affiant personally observed each signer placing thereon the date of signature and the signer's residence address.
As used herein, the term "affected territory" shall mean the City, if the petition be for the recall of the Mayor, and if all of the voters of the City would be eligible to vote on the question of recall; or the district, if the petition be for the recall of a member of the City Council, and if only the voters of the Councilmember's district would be eligible to vote on the question of recall.

When a recall petition is presented for filing to the City Clerk, the City Clerk shall forthwith examine the same and ascertain whether it conforms to the requirements of this Charter. If such petition is not found to conform thereto, the City Clerk shall then and there, in writing, designate on said petition the defect, or omission, or reason why such petition cannot be filed, and shall return the petition to the person named therein as the person to whom the same may be returned in case said petition is found insufficient. The petition may then be amended and again presented to the City Clerk as in the first instance. The City Clerk shall forthwith proceed to examine the petition as hereinbefore provided.
Any signer of a recall petition may withdraw such signature from the same by filing with the City Clerk a verified revocation of the signature before the filing of the petition by the City Clerk, and not otherwise.
(Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)

SECTION 803. Special Election

If the officer sought to be removed does not resign within five (5) calendar days after the City Clerk serves written notice of the certificate of sufficiency and if the recall petition requests a special election, the City Council shall cause a special election to be held in accordance with the timelines specified in the Elections Code of the State of California to determine whether the people will recall said officer. If a general municipal election is to occur within ninety (90) days of the order for the recall election, the City Council may in its discretion postpone the holding of the special election to such general municipal election.
The officer sought to be removed shall, if such officer does not resign, continue to perform the duties of office until the election.
(Amended Election 06/06/06 effective 08/04/06;Amended Election 11/8/94 effective 5/22/95; Added Election 10/17/11 effective 11/28/11)

SECTION 804. Published Call for Election

In the published call for the election there shall be printed in not more than two hundred (200) words the reasons for demanding the recall of the officer as set forth in the recall petition, and in not
more than two hundred (200) words the officer may justify such officer's course in office.
(Amended Election 11/8/94 effective 5/22/95)

SECTION 805. Authorized Voters

In an election for the recall of a City Councilmember, only the voters of the district from which the Councilmember was elected or appointed shall be entitled to vote. In an election called for the recall of the Mayor, the voters of the entire city shall be entitled to vote.
The ballot at said election shall provide the opportunity for each voter to vote "Yes" or "No" on the proposition whether the officer involved should be recalled.

In case the majority of the votes cast on the proposition of recalling the officer involved are "Yes," the officer shall be deemed recalled and the officer's right to hold the office shall terminate upon the declaration by the canvassing board that a majority have voted in favor of the recall of the particular officer.

(Added Election 10/14/47 effective 3/3/48; Amended Election 6/2/70 effective 8/17/70; Amended Election 11/8/94 effective 5/22/95)

SECTION 806. Vacancy Appointments

Any vacancy occasioned by a recall proceeding shall be filled by appointment by the City Council. In the case of the recall of a City Councilmember, the appointment shall be made from the electors from the district in which the vacancy occurs. In the case of a recall of the Mayor, the appointment shall be made from the electors of the city. Any person so appointed shall hold office until December 31 next following the next general election and at such
election a person shall be elected to hold office for the remainder of any unexpired term.
(Repealed and added Election 11/8/94 effective 5/22/95)

SECTION 807. Exceptions for Recall

No recall proceeding shall be commenced against an incumbent Councilmember or Mayor if the affected Councilmember or Mayor:
(a) Has held office during the current term for a period of less than six (6) calendar months, or,
(b) Has had a recall election determined in his/her favor within the past twelve (12) calendar months, or
(c) Has six (6) calendar months or less remaining in his/her term of office.
(Amended Election 11/8/88 effective 1/3/89)

SECTION 808. One Year Prohibition for Appointment to Office

No person who has been recalled from an elective office, or who has resigned from such office while recall proceedings were pending, shall be appointed to any office within one (1) year after such recall or resignation.
(Amended Election 11/8/94 effective 5/22/95)

SECTION 809. Ordinance of Necessity

The City Council may by ordinance make such further regulations as may be necessary to carry out the provisions of this article.

(Amended Election 11/8/94 effective 5/22/95)

Historical Notes:
Section 6•:Repealed Election 6/2/70 effective 8/17/70
Section 11•:Added Election 6/2/70 effective 8/17/70; Repealed Election 11/8/94 effective 5/22/95
Section 12•:Added Election 10/12/71 effective 12/6/71; Repealed Election 11/8/94 effective 5/22/95
• These section numbers refer to a numbering system that was in place prior to the Election of 11/8/94.