6-31-306 - City council member Removal. - Tennessee Statutes

6-31-306. City council member Removal.

(a)  Any council member of the city elected or appointed to fill a vacancy under this charter may be removed from office by the voters.

(b)  The procedure to effect the removal of the incumbent shall be as follows:

     (1)  A petition, by registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the office held by the incumbent at the last regular election, demanding the recall of the person sought to be removed shall be filed with the county election commission, and notice given by the commission of such filing by publication at least once in the official city newspaper, which petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one (1) paper, but each signer shall sign such signer's name, and shall place thereon, after such signer's name, the date of signing and such signer's place of residence by street and number, or by other customary designation;

     (2)  To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereto, that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant;

     (3)  Such petition shall be filed with the county election commission, which shall, within fifteen (15) days, canvass the signatures thereon to determine the sufficiency thereof;

     (4)  A separate petition shall be filed for each person sought to be removed; and

     (5)  The county election commission shall attach to such petition its certificate showing the result of the examination.

(c)  If the county election commission's certificate shows that the petition is sufficient, the commission shall call an election on the question of recall.

[Acts 1959, ch. 140, § 1; 1972, ch. 740, § 4(57); T.C.A., § 6-3120.]