ARTICLE VII. RECALL PROVISIONS


        (a)     Any elected official of the town of Buxton may be recalled pursuant to state statutes and removed from office by the registered voters as herein provided

        (b)     Any resident of the town wishing to circulate a recall petition can do so by gathering signatures equal to 10% of the votes cast in the last Gubernatorial election. This petition is only used to give notice to the town that a recall election may be undertaken. This petition must have the name of the person being petitioned for recall and must also have a statement as to the reasons for recall. This petition shall be filed with the town clerk, who shall within five (5) working days check the validity of those signatures gathered. In cases where more than one official is being petitioned for recall, there shall be separate petitions for each official and each such petition must have the required amount of signatures to be valid.

        (c)     Before any recall election petitions can be obtained, any 5 voters of the municipality must file an affidavit with the municipal clerk stating:

                (1)     that the 5 voters will constitute the petitioners committee;
                (2)     the names and addresses of the 5 voters:
                (3)     the address to which all notices to the committee are to be sent
                (4)     that the 5 voters will circulate the petitions and file them in the proper form with the clerk

Promptly after the affidavit is filed, the clerk shall issue petition blanks to the committee. The committee may, if they desire, have additional persons circulate these petitions for signatures. Each recall election petition must state the name of the person and office in question and the petitioners’ reasons for recall.

        (d)     In order for the recall election petition or petitions to be effective, each (petition for recall) must be signed by 10% of the registered voters of Buxton. To every signature there shall be a space provided to state the place of residence of the signer, giving street or other description sufficient to identify place of residence and a space for the signer to print his/her name. The Clerk shall note the date petitions were issued and notify the petition committee that the petitions must be filed within 60 days of issue with the required amount of signatures or they are void.

        (e)     Within twenty days after the petitions are filed. The clerk shall ascertain whether or not the petition or petitions is/are signed by the required number of qualified voters and shall attach thereto his/her certificate showing the results of such examination.

        (f)     Upon examination of the petitions, the town clerk shall certify the validity of the petition/s. If found to be sufficient, he or she shall submit the same with his or her certificate to the Selectmen at its meeting and shall notify the official/s whose removal is/are being sought of such action.

        (g)     The Board of Selectmen, within 5 business days of the receipt of the Town Clerk’s certification, shall order an election to be held not less than 30 nor more than 60 calendar days thereafter, unless a regular municipal election is to occur within 90 calendar days. The recall election shall be held at that time, but no later.

        (h)     Should the Board of Selectmen fail or refuse to order an election as herein provided, such election may be called by a Notary Public in the county by written petition of a number of voters equal to 10% of the number of votes cast in the Town at the last gubernatorial election, but in no case less than 10.

        (i)     The Selectmen shall hold a Public Hearing not less than 7 days nor more than 21 days from the receipt of a written request of the officer or official(s) being recalled. At said hearing which shall be presided over by a moderator, the petitioners and the officer or official whose recall is sought shall be provided the opportunity to present reasons for or against recall.

        (j)     The incumbent/s shall continue to perform the duties of office until the recall election process is completed. If not then recalled, he/she shall continue in office for the remainder of his/her unexpired term.


        (k)     In the event of a successful recall election, nominations for candidates shall be sought in the same manner as for any municipal election and in accordance with state and municipal election laws.

        (l)     No person, who has been recalled from office or who has resigned from office while recall proceedings are pending, on that person, shall be appointed or hired to any town office or board, commission or committee within two years after such removal or resignation.

        (m)     Disbursement Ordinance shall be used in the case of multiple vacancies of the Board of Selectmen, where business could otherwise not be conducted.