Subject: 9435 Amend Charter-Recall of Public Officials Date: Fri, 18 Aug 1989 14:54:00 -0500 ORDINANCE NO. 9435 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHATTANOOGA, AND ALL ACTS AND ORDINANCES AMENDATORY THEREOF, PURSUANT TO THE PROVISIONS OF ARTICLE XI, SECTION 9, OF THE CONSTITUTION OF THE STATE OF TENNESSEE (HOME RULE AMENDMENT) RELATING TO RECALL OF PUBLIC OFFICIALS BY ADDING PROVISIONS FOR RECALLING MEMBERS OF THE BOARD OF EDUCATION AND CITY COUNCIL. _________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That the present Charter of said City, including all Acts and Ordinances amendatory thereof, be and is further amended as follows: Item 1. The Charter of the City of Chattanooga shall be amended as provided hereinafter. Item 2. That the provisions of the Private Acts of 1911, Chapter 10, Section 25, as amended by: the Private Acts of 1911, Chapter 126, Section 3; Private Acts of 1913, Chapter 301, Section 8; Private Acts of 1917, Chapter 432, Section 2; Private Acts of 1939, Chapter 573, Section 1; and Ordinance No. 8936 be and is hereby amended by deleting therefrom the following: The mayor, any commissioner of the City of Chattanooga, or the city judge elected or appointed under this Act may be removed from office by the qualified voters of said city. The procedure to effect such removal shall be as follows: A petition signed by qualified voters equal in number to at least fifty per centum (50%) of the entire vote for all candidates for the office of mayor cast at the last preceding general municipal election, demanding an election of a successor of the person sought to be removed, shall be filed with the commissioners of election of Hamilton County, which petition shall contain a general statement of the grounds for which the removal is sought. and inserting in lieu thereof the following: The Mayor, the City Judges, members of the Board of Education and the members of the City Council of the City of Chattanooga elected or appointed under this Charter may be removed from office by the qualified voters of said city. The procedure to effect such removal shall be as follows: In the case of an official elected at large, a petition signed by qualified voters equal in number to at least fifty per centum (50%) of the entire vote for all candidates for the office of mayor cast at the last preceding general municipal election, demanding an election of a successor of the person sought to be removed shall be filed with the commissioners of election of Hamilton County, which petition shall contain a general statement of the grounds for which the removal is sought. In the case of an official elected by district, the petition must be signed by qualified voters equal in number to at least fifty per centum (50%) of the entire vote for all candidates for the office of mayor cast in that district at the last preceding general municipal election. FOR THE AMENDMENT ( ) AGAINST THE AMENDMENT ( ) SECTION 2. BE IT FURTHER ORDAINED, that all laws constituting the present Charter of the City of Chattanooga, not in conflict with this amendatory home rule ordinance, be and the same are continued in full force and effect, and all laws or parts of laws in conflict therewith are hereby repealed. SECTION 3. BE IT FURTHER ORDAINED, that if any clause, sentence, paragraph, section, or part of this ordinance shall be held to be unconstitutional or void, it shall not affect the remaining parts of this Ordinance, it being hereby declared to be the legislative intent to have passed the remainder of this Ordinance notwithstanding such part, if any, as may be held to be invalid. SECTION 4. BE IT FURTHER ORDAINED, that this Ordinance shall be published in full by the City Finance Officer in both daily newspapers in the City of Chattanooga after the final passage by the City Council, or approval in a referendum, all as required by Article XI, Section 9, Constitution of Tennessee. SECTION 5. BE IT FURTHER ORDAINED, that the City Finance Officer shall certify the passage of this Ordinance to the Hamilton County Election Commission and request that the proposed amendment to the home rule Charter of the City of Chattanooga, be placed on the ballot to be used in the next general state election. SECTION 6. BE IT FURTHER ORDAINED, that the City Finance Officer is authorized and directed to pay the pro rata cost of this special City election. SECTION 7. BE IT FURTHER ORDAINED, that the Hamilton County Election Commission shall certify to the City Finance Officer of the City of Chattanooga, Tennessee, the result of said election, and the City Finance Officer shall cause said certification to be made a part of the minutes of the City Council. SECTION 8. BE IT FURTHER ORDAINED, that Section 1 of this Ordinance shall take effect sixty (60) days after its approval by a majority of the qualified voters of the City voting thereon, as provided by Article XI, Section 9, Constitution of Tennessee, the public welfare requiring it. SECTION 9. BE IT FURTHER ORDAINED, that this Ordinance shall take effect, except for Section 1, two weeks from and after its passage as provided by law. PASSED on Third and Final Reading Aug. 21, 1990. __/s/_______________________________ CHAIRPERSON APPROVED:_______ DISAPPROVED:_______ DATE:__________________ _____, 1990. __/s/_______________________________ MAYOR RLN:cjc