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EXHIBIT A <br />Sec. 12.09. Recall of elective officers. <br />(a) Any elective officer, or officer who has been appointed to fill an elective office, of the <br />city may be removed from office at any time after- ene year- from the beginning of the `efM <br />of e€fie e by the electors qualified to vote for a successor for such incumbent. Such officers <br />can only be removed under this section for (1) neglect of duty, misuse of office, or <br />incompetence in the performance of duties when that neglect of duty, misuse of office, or <br />incompetence in the performance of duties has a material adverse effect upon the conduct <br />of the office; or (2) conviction of a misdemeanor after all rights of appeal have been <br />terminated that would have a material adverse effect upon the conduct of such office. The <br />procedure to effect such removal shall be as hereinafter set forth. <br />(b) A petition signed by electors equal in number to at least thirty (30) percent of the <br />electors of the city voting for governor in the last preceding gubernatorial election, and <br />demanding the election of a successor of the officer sought to be removed, shall be filed <br />with the clerk of the circuit court. The petition shall contain a generalspecific statement of <br />the grounds, as described above, upon which the election of a successor is sought. <br />petition may be filed at any time after- efie year has elapsed sinee the beginning of the tefffl <br />of the effiei ' sought to be r- efneve . Each signer shall include the number and street of his <br />or her residence in the city, and the date he or she signed the petition. Such petition may <br />be in the form of separate papers, but each separate paper to which signatures are appended <br />shall contain at the top thereof the original petition or a duplicate statement thereof, and <br />when bound together and offered for filing, such separate papers shall be deemed to <br />constitute one petition with respect to the election of the successor of the officer or officers <br />named therein. One (1) of the signers of such petition shall make oath before a proper <br />official that the statements made therein are true, as he or she believes, and upon such <br />separate paper, the circulator of the petition to which signatures are appended shall make <br />oath that each signature to such paper is the genuine signature of the person whose name it <br />purports to be, and that it was signed in his or her presence. <br />(c) If it appears that the statement of grounds is adequate, and that the petition is signed by <br />the requisite percentage of electors, the same shall be accepted as prima facie regular and <br />sufficient, but it shall be subject to summary review in the same manner as provided in <br />section 12.08 of this chapter. In addition, a judge of the Circuit Court may hold a hearing <br />and take evidence to determine the sufficiency of the petition. <br />(Subsections (d) -(g) of Section 12.09 are to remain in effect without amendment) <br />