§ 14-48-114 - Removal of mayor or directors.
14-48-114. Removal of mayor or directors.
(a) Any person holding the office of mayor and any person holding the office of member of the board of directors of any city organized under the provisions of this chapter shall be subject to removal from the office by the electors qualified to vote for a successor of the incumbent.
(b) The procedure to effect the removal of a person holding the office shall be as follows:
(1) When petitions requesting the removal of any such officer, signed by qualified electors equal in number to thirty-five percent (35%) of the total number of votes cast for all candidates for that office at the preceding general municipal election at which the office was on the ballot, are filed with the city clerk, the clerk shall determine the sufficiency of the petitions within ten (10) days from the date of the filing;
(2) If the petitions are deemed sufficient, the clerk shall certify them to the county board of election commissioners;
(3) The county board of election commissioners shall issue a proclamation in accordance with 7-11-201 et seq., calling a special election on the question and shall fix a date for holding it not more than ninety (90) days from the date of the certification of the petitions by the clerk.
(4) At the election, the question shall be submitted to the electors in substantially the following form:
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(5) (A) If a majority of the qualified electors voting on the question at the election shall vote for the removal of the officer, a vacancy shall exist in the office.
(B) If a majority of the qualified electors voting on the question at the election shall vote against the removal of the officer, the officer shall continue to serve during the term for which elected.
(c) No recall petition shall be filed against any officer until he or she shall have held his or her office for at least six (6) months.