Any holder of an elected office in the town may be recalled
therefrom by the voters of the town as herein provided, except the
maximum number of members of a multiple-member body that may be recalled
is a majority.
(a)
A recall may be initiated by filing with the town clerk an affidavit
containing at least one hundred and fifty (150) signatures of persons
representing to be voters, the name of the officer sought to be recalled
and a statement of the grounds for recall.
(b)
The town clerk shall, within one (1) business day of receipt, submit
the affidavit to the registrars of voters of the town and the registrars
shall, within five (5) business days, certify thereon the number of
signatures which are names of voters.
(c)
If the registrars certify that the affidavit contains the signatures
of at least one hundred and fifty (150) voters, the town clerk shall,
within one (1) business day, deliver to any one or more of the voters
making the affidavit copies of petition blanks demanding such recall.
Said blanks shall be issued by the town clerk, with the town clerk's
signature and the official town seal affixed thereto. The blanks shall
be dated, addressed to the select board, contain the name of the person
whose recall is sought, the office from which removal is sought and
the grounds of recall as stated in the affidavit.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(d)
A copy of the petition shall be entered in a record book to be kept
in the office of the town clerk.
(e)
Said recall petition shall be returned and filed with the town clerk
during regular business hours no later than the close of twenty-eight
(28) days after the certification of the affidavit. Before being returned
and filed with the town clerk, said petition shall have been signed
by no less than fifteen (15) percent of the voters as of the date
such affidavit was filed with the town clerk.
(f)
The town clerk shall, within one (1) business day of receipt, submit
the petition to the registrars of voters of the town and the registrars
shall, within fifteen (15) business days, certify thereon the number
of signatures which are names of voters.
(a)
If the petition shall be found by the registrars of voters to contain
signatures of at least fifteen (15) percent of the voters, it shall
be certified by the town clerk to be sufficient and the town clerk
shall submit the same with such certificate to the select board within
five (5) business days.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(b)
The select board shall, within five (5) business days, give written
notice of the receipt of the certificate to the officer sought to
be recalled and shall, if the officer does not resign within five
(5) business days thereafter, order an election to be held on a date
fixed by them not more than sixty-five (65) days after the date of
the town clerk's certificate that a sufficient petition has been filed;
provided, however, that if any other town election is to occur within
one hundred (100) days after the date of the certificate, the select
board shall postpone the holding of the recall election to the date
of such other election.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(c)
No person shall be subject to recall if the term of office of such
person expires within one hundred and eighty (180) days of the filing
of an affidavit with the town clerk. If a vacancy occurs in said office
after a recall election has been ordered, the election shall nevertheless
proceed as provided in this section.
The incumbent shall continue to perform the duties of the office
until the recall election. If said incumbent is not recalled, the
incumbent shall continue in office for the remainder of the unexpired
term subject to recall. If recalled, the official shall be deemed
immediately removed and the office vacant. The vacancy created thereby
shall be filled under part VIII of this charter for filling vacancies
in such office. A person chosen to fill the vacancy caused by a recall
shall hold office until the next regular town election. Should the
person filling the vacancy be a candidate in the subsequent election,
that person shall not be allowed to have "candidate for re-election"
appear on the ballot at such election.
Ballots used in a recall election shall submit the following
propositions in the order indicated:
For the recall of (name of officer).
Against the recall of (name of officer).
If the majority of the votes cast upon the question of recall
are in the affirmative, and provided at least fifteen percent (15%)
of the total number of voters that were registered as of the date
of the most recent town election have participated at such recall
election, the recall is affirmed.
In the case of an officer subjected to a recall election and
not recalled thereby, no recall affidavit shall be filed until at
least one hundred and eighty (180) days after the election at which
the officer's recall was submitted to the voters.
(a)
No person who has been recalled from an office or who has resigned
from office while recall proceedings were pending against such person
shall subsequently be appointed to fill the vacancy created by the
recall or resignation of the person who was the subject of the recall.
(b)
No person who has been recalled from an office or who has resigned
from office while recall proceedings were pending against such person
shall subsequently become a paid employee of the town or an appointed
member of a multiple member body within one year (1) after such recall
election or such resignation.
