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c. Amend the section to spell out the grounds for removal, such as <br />misconduct, malfeasance, etc., and define the meaning of each. <br />d. Some cities have been crippled or serious distracted from the business of <br />governing by repeated petitions for recall that are, in fact, based only on <br />dissatisfaction rather than a valid reason for removal from office. Paris <br />council members deserve at least the same protections that general law <br />council members enjoy with regard to grounds for removal from office. <br />31. a. Section 112 provides that an affidavit for a petition for recall must state a <br />ground for removal from office, but no provision is made for verification that <br />the ground is sufficient. <br />b. Without a mechanism for the council, city manager, city secretary, city <br />attorney, or disinterested third party to examine and determine that an alleged <br />ground for removal from office is, if true, sufficient for removal, an applicant <br />may falsely accuse a council member of any type of crime or misconduct and <br />force an election. <br />c. Amend the section to provide for verification of stated grounds for removal <br />by a qualified person or persons. <br />d. This amendment should help prevent unfounded and expensive recall <br />elections. <br />32.* a. Section 113 provides for the contents of a recall petition, but does not <br />specify that those signing it must reside in the district of the council member <br />subject to recall. <br />b. In single member districts, council members should be subject to recall <br />only by the voters who elected him or her to office. <br />c. Amend the section to provide that the petition shall be signed by residents <br />of the council member's district. <br />d. Failure to make this amendment may subject a council member to recall <br />based on signatures of persons who are not in his or her district. <br />"C" 33*. a. Section 114 provides for a recall election not less than 30 nor more than <br />sixty days after a recall petition is presented. <br />b.-d. See Comment 28 above. <br />"Q" 34. a. Sections 119 through 130 contain detailed requirements for the issuance, <br />contents, terms, condition, limitations, and applicability of franchises. <br />b. Changes in the law have made some of these provisions obsolete, while <br />new arguments advanced by utility companies have created opportunities to <br />amend the Charter in a manner that gives a city added protection. For <br />example current debates about when a utility must pay the cost of relocating <br />its lines when a city project requires that it do so could be resolved, in the <br />City's favor, by amending the charter to specify when the utility must pay. <br />c. If the Council is interested in exploring changes to these sections, I will <br />provide more detailed suggestions. <br />9 <br />