Any holder of an elective office in the Town of Rockland, as defined in Article II of the Town charter, may be recalled and removed therefrom by the qualified voters of the Town as hereinafter provided.
Any five hundred (500) qualified voters of the Town may make
and file with the Town Clerk an affidavit containing the name and
position of the officer sought to be removed and a statement of the
grounds of recall. The Town Clerk shall thereupon deliver to the voters
making such affidavit sufficient number of copies of petition blanks
demanding such recall and removal. The blanks shall be issued by the
Town Clerk with his signature and official seal attached thereto.
They shall be dated, shall be addressed to the Board of Selectmen,
shall contain the names of all persons to whom they are issued, the
name of the person whose recall is sought, the grounds of recall as
stated in the affidavit, and shall demand the election of a successor
to such office. A copy of the petition shall be entered in a record
book to be kept in the office of the Town Clerk. The recall petition
shall be returned and filed with the Town Clerk within fourteen (14)
days after filing the affidavit and shall be signed by at least fifteen
(15) percent of the qualified voters of the Town as of the date such
affidavit was filed with the Town Clerk. To every signature shall
be added the place of residence of the signer, giving the street and
number. The recall petition shall be submitted, at or before five
(5) o'clock in the afternoon of Monday preceding the day on which
it must be filed, to the Registrar of Voters and the registrars shall
forthwith certify thereon the number of signatures which are names
of qualified voters in the Town of Rockland.
If the petition shall be found and certified by the Town Clerk
to be sufficient, he shall submit the same with his certificate to
the Board of Selectmen without delay, and said board shall forthwith
give written notice to the officer of the receipt of said certificate
and shall, if the officer sought to be removed does not resign within
five (5) days thereafter, thereupon order a recall election to be
held on a day fixed by them not less than sixty (60) nor more than
ninety (90) days after the date of the Town Clerk's certificate that
a sufficient petition is filed, provided, however, that if any other
town election is to occur within one hundred (100) days after the
date of said certificate, the selectmen may, in their discretion,
postpone the holding of the recall election to the date of such other
election. If a vacancy occurs in said office after a recall election
has been ordered, the election shall nevertheless proceed as provided
in this section.
Any Officer sought to be recalled may be a candidate to succeed
in an election to be held to fill such vacancy, and unless he requests
otherwise in writing, the Town Clerk shall place his name on the ballot
without nomination. The nomination of other candidates, the publication
of the Warrant for the recall election and any election to fill a
vacancy caused by a recall election, and the conduct of the same,
shall all be in accordance with the provisions of the laws relating
to elections, unless otherwise provided by this act. A majority of
those voting at the recall election shall be sufficient to recall
such elected officer.
The incumbent shall continue to perform the duties of his office
until the recall election. If then re-elected, he shall continue in
the office for the remainder of his unexpired term, subject to recall
as before, except as provided in this act. If not re-elected in the
recall election, he shall be deemed removed upon the qualification
of his successor, who shall hold office during the unexpired term.
If the successor fails to qualify within five (5) days after receiving
notification of his election, the incumbent shall thereupon be deemed
removed and the office vacant.
Ballots used in a recall election shall submit the following
propositions in the order indicated:
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For the recall of (name of officer)
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Against the recall of (name of officer).
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Immediately at the right of each proposition there shall be
a square in which the voter by making a cross mark (X) may vote for
either of such propositions. Under the proposition shall appear the
word "Candidates" and the direction "Vote for One" and beneath this
the names of candidates nominated as herein before provided. In case
of machine voting, or punch card balloting, or other forms of balloting,
appropriate provisions shall be made to allow the same intent of the
voter.
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If a majority of the votes cast on the recall question is in
the affirmative, then the candidate that received the highest number
of votes in the special election to fill the vacancy shall be elected.
If a majority of the votes on the question is in the negative, the
ballots for candidates to fill the potential vacancy need not be counted,
or any action taken relative thereto.
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No recall petition shall be filed against an officer within
six (6) months after he takes office, nor in the case of an officer
subjected to a recall election and not removed thereby, until at least
six (6) months after that election.
No person who has been recalled from office or who has resigned
from office while recall proceedings were pending against him, shall
be appointed to any town office within two (2) years after such removal
by recall or resignation.
This act shall take effect upon its passage.
