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Session Laws, 1972
Volume 708, Page 2088   View pdf image
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2088                               Municipal Charters

A.    A petition signed by at least 30 percent of the registered voters
of the Town of Cheverly in the case of the Mayor and 30 percent of the
registered voters of the Councilman's Ward in the case of a Councilman
must be presented to the Mayor and Town Council at a regular town meet-
ing stating a desire to have the named Town official subjected to reaffirma-
tion by a vote of the electorate. In the case of the Mayor, the vote of the
full town electorate will apply. In the case of a Councilman, the vote of his
Ward electorate will apply. A petition shall contain the name of only one
Town official. The registered Town voters signing said petition shall sign
the same as their names appear on the Town's election books, and under
each signature, shall be typed or printed each petitioner's name, address
and Ward in which he or she votes in Town elections. At the bottom of
each page of the petition, the individual circulating the petition shall sign
the same and make an Affidavit before a Notary Public that he or she
circulated the petition and saw each individual whose names appear thereon
sign the same in his or her presence;

B.    The petition shall state specifically the justification for recall of
the Mayor, or as the case may be a Councilman, which shall be for one of
the following reasons:

1.    Failure to uphold the oath of office;

2.    Malfeasance in office ;

3.    Misfeasance in office ;

4.    Nonfeasance in office;

C.    Upon receipt of a petition the Mayor and Council shall forthwith
refer the petition to the Town election board for verification of the appro-
priate number of registered voters' signatures, addresses and wards. The
Board of Election shall return said petition with their written findings
as to required voters, addresses and wards to the Mayor and Council at its
next regular meeting; and at their meeting, if the petition is authenti-
cated, the Mayor and Town Council shall announce that (1) within thirty
(30) days a public hearing will be held on the petition and that (2)
within forty-five (45) days a special election shall be held in order to allow,
in the case of a Mayor, all registered voters of the Town to vote on the
petition, and in the case of a Councilman, all the registered voters of his or
her ward may vote on the petition.

D.    The voting ballot will contain the officials' name and the choice
of "reaffirm" or "remove"; in order for the official to be removed a ma-
jority of those voting must vote "remove."

The voting will be conducted in the same manner as prescribed herein
for regular town elections; and, if removal results, the vacancy will be
filled as herein prescribed.

BE IT FURTHER RESOLVED that a fair summary of this resolu-
tion be published not less than four (4) times at not less than weekly
intervals within a period of forty (40) days after the date of adoption in
a newspaper having general circulation in the Town of Cheverly and a
complete copy of the resolution shall be posted in a public place within
Cheverly for a period of at least forty (40) days following its adoption.

BE IT FURTHER RESOLVED that this amendment to the Charter
and Local Laws of the Town of Cheverly shall become and be considered a
part of the Charter, according to the terms of the amendment, and in all

 

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Session Laws, 1972
Volume 708, Page 2088   View pdf image
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