Section 4 - Recall of elective officers

In response to some conversations about what can be done with the recent potential conflict of interest situation. There is a citizen option for a recall. 

Given the requirements, it is a steep one. The petition needs to be signed by 5% of the registered voters. That is doable. The steepness comes from the voting. As you should be aware, Franklin only gets more than 20% of the voters out for an election involving money (e.g. an override). For this recall initiative to be successful, more than 25% of the voters are required to vote in this special election.

The last special election (Dec 2014) (to replace Glenn Jones on the Town Council when he resigned) drew just over 200 voters. About 1%.


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The Town Code reads:

Section 4 - Recall of elective officers

5-4-1

Any elective officer of the Town may be recalled and removed from office by the voters as herein provided. Any voter may file with the Town Clerk a petition containing the name and title of the elective officer whose removal is sought. For all elective officers such petition shall be signed by the qualified voters of the Town equal in number to at least five percent (5%) of those registered at the last regular Town election. Such recall petition must be filed within fourteen (14) days following its initial date of issuance.

5-4-2

If within seven (7) days following receipt of the petition the Town Clerk shall determine it to contain a sufficient number of valid signatures, provisions shall be made for a recall election to be held within sixty (60) days but not sooner than forty-five (45) days thereafter, provided that no such election shall take place if the regular Town election or another special election shall be held within ninety (90) days. All procedures for voting upon the recall question and filling any vacancy caused by the recall of an officer shall be in the same manner as provided by general law for the conduct of Town elections.

5-4-3

Any officer sought to be removed may be a candidate to succeed to the same office, and unless the officer requests otherwise in writing, the town clerk shall place the name of the officer on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election, and the conduct of the same, shall all be in accordance with the provisions of law relating to elections. Ballots used in a recall election shall ask if the officer sought to be recalled shall be recalled; and shall provide for the names of candidates seeking the office of the officer recalled.

5-4-4

If the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected provided that at least twenty-five percent (25%) of all those qualified to vote shall have voted.

Franklin Town Common

From the Town Code
http://ecode360.com/14797472?highlight=recalled,recall#14797472

Note: this is not Franklin Matters or Steve Sherlock taking a position on this topic, this is simply sharing the information to continue the informed conversation already underway. As has been stated before and may need to be restated periodically, I do not take positions. I share information that is factual and timely.