By Request…
Last night the Dillingham City Council moved forward with adopting new facets to the already in place Emergency Order concerning how the municipality deals with the ongoing Covid-19 situation. After the telephonic meeting, I had several residents text me about what could be done. At first my answer was; ‘Not Much.’, But that’s not entirely true…
Later in the evening a friend texted me and asked if there was a way to conduct a vote of ‘No Confidence’. I had never heard of this, but I do know that there is a recall process laid out in the statutes…
“Sec. 29.26.240. Recall.
An official who is elected or appointed to an elective municipal office may be recalled by the voters after the official has served the first 120 days of the term for which elected or appointed.
Sec. 29.26.250. Grounds for recall.
Grounds for recall are misconduct in office, incompetence, or failure to perform prescribed duties.
Sec. 29.26.260. Application for recall petition.
(a) An application for a recall petition shall be filed with the municipal clerk and must contain
(1) the signatures and residence addresses of at least 10 municipal voters who will sponsor the petition;
(2) the name and address of the contact person and an alternate to whom all correspondence relating to the petition may be sent; and
(3) a statement in 200 words or less of the grounds for recall stated with particularity.
(b) An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk.
Sec. 29.26.270. Recall petition.
(a) If the municipal clerk determines that an application for a recall petition meets the requirements of AS 29.26.260, the clerk shall prepare a recall petition. All copies of the petition must contain
(1) the name of the official sought to be recalled;
(2) the statement of the grounds for recall as set out in the application for petition;
(3) the date the petition is issued by the clerk;
(4) notice that signatures must be secured within 60 days after the date the petition is issued;
(5) spaces for each signature, the printed name of each signer, the date of each signature, and the residence and mailing addresses of each signer;
(6) a statement, with space for the sponsor’s sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and
(7) space for indicating the number of signatures on the petition.
(b) The clerk shall notify the contact person in writing when the petition is available. That person is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk’s office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed.
Sec. 29.26.280. Signature requirements.
(a) The signatures on a recall petition shall be secured within 60 days after the date the clerk issues the petition. The statement provided under AS 29.26.270(a)(6) shall be completed and signed by the sponsor. Signatures shall be in ink or indelible pencil.
(b) The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. If a petition seeks to recall an official who represents the municipality at large, the petition shall be signed by a number of voters equal to 25 percent of the number of votes cast for that office at the last regular election held before the date written notice is given to the contact person that the petition is available. If a petition seeks to recall an official who represents a district, the petition shall be signed by a number of the voters residing in the district equal to 25 percent of the number of votes cast in the district for that office at the last regular election held before the date the written notice is given to the contact person that the petition is available.
(c) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence shall be rejected.
(d) A petition signer may withdraw the signer’s signature upon written application to the clerk before certification of the petition.
Sec. 29.26.290. Sufficiency of petition.
(a) The copies of a recall petition shall be assembled and filed as a single instrument. A petition may not be filed within 180 days before the end of the term of office of the official sought to be recalled. Within 10 days after the date a petition is filed, the municipal clerk shall
(1) certify on the petition whether it is sufficient; and
(2) if the petition is insufficient, identify the insufficiency and notify the contact person by certified mail.
(b) A petition that is insufficient may be supplemented with additional signatures obtained and filed before the 11th day after the date on which the petition is rejected if
(1) the petition contains an adequate number of signatures, counting both valid and invalid signatures; and
(2) the supplementary petition is filed more than 180 days before the end of the term of office of the official sought to be recalled.
(c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under (b) of this section. Within 10 days after the supplementary filing the clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record.
Based upon the numbers of the last municipal election here in Dillingham, 25% of the 358 ballots cast would equal 90. The key to this would be the actual language of the 200-word petition. It would have to clearly demonstrate that the official being recalled had in some manner violated law or shirked duties that they swore an oath to uphold. The City of Dillingham’s website says this about the role of the council:
“Dillingham City Council
The Dillingham City Council comprises six members who are elected at large by residents of the City of Dillingham to designated seats. A term of office is three years.
The City Council serves as the legislative body for the City of Dillingham. Its responsibilities include enacting laws that govern the city, setting the mill rate for property taxes, approving the annual budget, and appropriating funds to provide for city services. The City Council also establishes policy statements that affect the overall operation of the city.”
Resources:
Alaska Recall Process:
http://www.akleg.gov/basis/statutes.asp#29.26.240
City of Dillingham October 2020 Election Results: Page 31-38
City of Dillingham Website City Council Page:
https://www.dillinghamak.us/index.asp?SEC=BD4F94AA-00BA-49E5-81DC-88EABE69E721&Type=B_BASIC