the said petition and certificate by the clerk or registrar of voters to the secretary of state, a supplemental petition, identical with the original as to the body of the petition but containing supplemental names, may be filed with the clerk or registrar of voters, as aforesaid. The clerk or registrar of voters shall within ten days after the filing of such supplemental petition make like examination thereof as of the original petition, and upon the conclusion of such examination shall forthwith attach to such petition his certificate, properly dated, showing the result of such examination, and shall forthwith transmit such supplemental petition, except as to the signatures thereon, together with his said certificate, to the secretary of state. When the secretary of state shall have received from one or more county clerks, or registrars of voters, a petition certified as herein provided to have been signed by the requisite number of qualified electors, he shall forthwith transmit to the county clerk or registrar of voters of every county or city and county in the state a certificate showing such fact; and such clerk or registrar of voters shall thereupon file said certificate for record in his office. A petition shall be deemed to be filed with the secretary of state upon the date of the receipt by him of a certificate or certificates showing the said petition to be signed by the requisite number of electors of the state. office at months. No recall petition shall be circulated or filed against any Officer officer until he has actually held his office for at least six must be in months; save and except it may be filed against any member least six of the state legislature at any time after five days from the convening and organizing of the legislature after his election. If at any recall election the incumbent whose removal is Officer not sought is not recalled, he shall be repaid from the state treas- be repaid ury any amount legally expended by him as expenses of such for exelection, and the legislature shall provide appropriation for such purpose, and no proceedings for another recall election. of said incumbent shall be initiated within six months after such election. If the governor is sought to be removed under the provisions. of this article, the duties herein imposed upon him shall be performed by the lieutenant governor; and if the secretary of state is sought to be removed, the duties herein imposed upon him shall be performed by the state controller; and the duties herein imposed upon the clerk or registrar of voters, shall be performed by such registrar of voters in all cases where the office of registrar of voters exists. recalled to penses. be exer cised by The recall shall also be exercised by the electors of each Recall to county, city and county, city and town of the state, with reference to the elective officers thereof, under such procedure as shall be provided by law. Until otherwise provided by law, the legislative body of any such county, city and county, city or town may provide for the manner of exercising such recall powers in such counties, counties and cities. cities and counties, cities and towns, but shall not require any such recall petition to be signed by electors more in number than twenty-five per cent of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies. Nothing herein contained shall be construed as affecting or limiting the present or future powers of cities or counties or cities and counties having charters adopted under the authority given by the constitution. In the submission to the electors of any petition proposed under this article all officers shall be guided by the general laws of the state, except as otherwise herein provided. This article is self-executing, but legislation may be enacted to facilitate its operation, but in no way limiting or restricting the provisions of this article or the powers herein reserved. Amendments to Eureka charter. CHAPTER 48. Senate Concurrent Resolution No. 13, approving two certain amendments to the charter of the city of Eureka, in Humboldt county, State of California, voted for, and ratified by the qualified electors of said city, at a special election held therein for that purpose, on the 21st day of June, 1909. [Filed with Secretary of State March 24, 1911.] WHEREAS, The city of Eureka, of the county of Humboldt, State of California, has at all times mentioned herein been and now is a municipal corporation of said State of California, containing a population of more than thirty-five hundred (3,500) inhabitants, and is now, and has been ever since the 2d Monday in July, A. D. 1895, organized, existing and acting under a freeholders' charter, adopted under and by virtue of section 8, article XI, of the constitution of the State of California, which charter was duly ratified by the qualified electors of said city at an election held for that purpose on the 26th day of January, 1895, and approved by the legislature of the State of California on the 12th day of February, 1895, (Statutes of 1895, pages 355 to 405, inclusive), and which said charter has never been amended since the year 1907; and WHEREAS, The legislative authority of said city of Eureka, to wit: The council of said city, did by an ordinance numbered 520, by it passed on the 21st day of April, 1909, and approved by H. L. Ricks, the then mayor and chief executive of said city on the 21st day of April, 1909, and pursuant to section 8 of article XI of the constitution of the State of California, duly proposed to the qualified electors of said city, a certain amendment to said charter of said city of Eureka; and WHEREAS, The legislative authority of said city of Eureka, to wit: the council of said city, did by an ordinance numbered 521, by it passed on the 21st day of April, 1909, and approved by H. L. Ricks, the then mayor and chief executive of said city on the 21st day of April, 1909, and pursuant to section 8 of article XI of the constitution of the State of California, duly proposed to the qualified electors of said city, a certain other amendment to said charter of said city of Eureka; and WHEREAS, Said ordinances containing said proposed amendments, respectively, to said charter, were duly published for twenty days after their passage and approval, in The Humboldt Times, a daily newspaper printed, published and generally circulated in the city of Eureka aforesaid; and WHEREAS, The general municipal election was held in said city of Eureka on the 21st day of June, A. D. 1909, which was more than forty days after said proposed amendments had been published for twenty days, as aforesaid; and WHEREAS, In and by said ordinances, so passed, approved and published, as aforesaid, said proposed charter amendments, respectively, were submitted to the qualified electors of said city, at said general municipal election; and WHEREAS, On the 22d day of June, 1909, at a meeting of said council of said city of Eureka, duly convened in accordance with law and with the provisions of said charter of said city, said mayor and council of said city of Eureka did duly and regularly canvass the returns of said general municipal election, so held on the 21st day of June, 1909, and did find therefrom that said proposed amendments to said charter, and each and both of them, were duly ratified by the majority of the electors voting thereon; and WHEREAS, Said mayor and said council, after canvassing said returns, and at said meeting so held as aforesaid, after said canvass, did duly find and declare that said proposed amendments and each and both of them, had been ratified by the majority of the electors voting thereon; and WHEREAS, Said amendments so ratified by the electors, of said city of Eureka, at said general municipal election of June 21st, 1909, are now submitted to the legislature of the State of California, for approval or rejection, as a whole, without power of alteration or amendment, in accordance with the provisions of section 8 of article XI, of the constitution of the State of California, are in words and figures, respectively, as follows: That a new section be added to article II of said charter of the city of Eureka, the same to be known as section 211⁄2 of article II thereof, and said section to be and read as follows: elective Section 212. The holder of any elective office may be Recall of removed at any time by the electors entitled to vote for a officers. successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor of the incumbent sought to be removed, equal in num Recall of elective officers. ber to at least 25 per cent of the entire vote for all candidates for the office, the incumbent of which is sought to be removed, cast at the last preceding general municipal election, demanding an election of a successor of the person sought to be removed, shall be addressed to the council and filed with the city clerk; and said petition shall contain a general statement of the grounds for which the removal is sought, which statement is intended solely for the information of the electors; and the sufficiency of which shall not be open to review. The signatures of the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. Each such paper shall have attached thereto the affidavit of a registered voter of the city, stating that all the signatures to the paper were made in his presence, and that to the best of his knowledge and belief, each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Every signature appended to any of the papers forming such petition shall be deemed and treated by the city clerk for the purpose of his examination of such petition herein provided, as the genuine signature of the person whose name it purports to be, unless such person, during the period. of such examination, files with the city clerk an affidavit to the contrary. Within ten days from the date of filing such petition the city clerk shall examine and ascertain from the great register or from the affidavits or duplicate affidavits of registration, or from either, whether or not said petition is signed by the requisite number of electors entitled to vote, and if necessary, the council shall allow him extra help for that purpose and he shall attach to said petition his certificate stating that he finds the petition to be sufficient or insufficient. as the case may be. If, by the clerk's certificate, the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The clerk shall, within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be [in]sufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient, the clerk shall submit the same to the council without delay, and the council shall thereupon order and fix a date for holding the said election, not less than thirty days nor more than forty days from the date of the clerk's certificate to the council that a sufficient petition is filed. The sufficiency or insufficiency of said petition shall, except as to the grounds for removal therein stated, be subject to judicial review, but not to review by the council. In the event action by the council shall be delayed by judicial decree or act of God, then such election shall be called by the council to be held not less than thirty nor more than forty days from the date of which the cause of delay is removed. That section 60 of article IV of said charter of the city of Eureka be amended to read as follows: "Section 60. In addition to other duties imposed upon him Duties by this charter or by ordinance of the council, the city engi- of city neer shall. 1. Make all surveys, inspections and estimates required by the council. 2. He shall examine all public work done under contract, and report thereon in writing to the council. 4. He shall be the custodian of and responsible for all maps, plats, profiles, field notes, and other records and memoranda belonging to the city pertaining to his office, and the work thereof; all of which he shall keep in proper order and condition, with a full index thereof, and all of which he shall turn over to his successor. 5. All maps, plats, profiles, field notes, estimates, and other memoranda or surveys and other professional work, made or done by him, or under his direction or control, during his term of office for the city, shall be the property of the city." STATE OF CALIFORNIA, And the said W. L. Lambert, as mayor and chief executive of said city, and J. P. Wunderlich, as clerk of said city and ex officio clerk of the council of said city, do hereby certify that they have this day carefully compared the foregoing proposed and ratified amendments to the charter of said city of Eureka with the original ordinances, numbered 520 and 521, respectively, proposing said amendments, respectively, and submitting them to the qualified electors of said. city at a general municipal election held in said city on the 21st day of June, 1909, and with the proceedings of the council of said city on file in the office of said clerk, subject to the passage of said ordinances and relating to the adoption of said amendments, and from said comparison and examination they find, and hereby certify that the foregoing contains a full, exact, true and correct copy of said charter amendments to the charter of said city. And we further hereby certify that the facts set forth in the preamble, in this certificate preceding said amendments to said charter, are, and each of them is, true. And, for and on behalf of said city, we being hereinbefore duly authorized, we do hereby request the legislature of the State of California to adopt and approve each of said amendments to said charter, as a whole, and to take such other and further steps and proceedings as may be necessary to perfect such approval. IN WITNESS WHEREOF, we have hereunto set our hands and caused our signatures, authenticated by the official seal of engineer. |