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MineralMan

(146,325 posts)
Mon Aug 18, 2014, 11:52 AM Aug 2014

Ferguson Down the Road - The MO Recall Process

Laws governing recall in Missouri
Missourians do not have the right of statewide recall. However, the right of local recall is available in:
Cities defined as Class 3 cities. A Class 3 City is defined as a city with a population between 3,000 and 29,999.
Cities that operate under their own city charter, if the specific city charter allows for recall.
The recall process that applies to Class 3 cities in Missouri is governed by MRS §77.650 and 78.260.
Generally:
Recall may not commence during first 6 months in office
Grounds for recall must be stated, and must include misconduct in office, incompetence, and failure to perform duties prescribed by law.
60 days is allowed for collecting signatures.
Signatures equal to 25% of the registered voters in the city must be collected.

By population, Ferguson is a Class 3 City. Here are the steps the people of Ferguson can take:

1. Through a voter registration drive, register a majority of black residents. Enlist the aid of voter registration specialists.
2. Follow the Recall process to recall every elected city official, including the City Council and Mayor, if the Mayor is elected.
3. As part of the Recall, elect a completely new slate of city officials, chosen by the majority of voters.
4. Once the new City Council is in place, it can fire the current police chief and choose a new one.
5. Restructure the Police Department and replace as many officers as possible with officers who reflect the demographics of the city.
6. Create a citizens review board for the Police department with the power to remove officers and leadership for cause.

All of this could be completed within 6 months and Ferguson would then become a city governed by a representative government that reflected the wishes of its actual population. In my opinion, this is what Ferguson residents should be planning right now, followed by an aggressive program to make it happen.

Use the system! Take over control of your own city!
11 replies = new reply since forum marked as read
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Ferguson Down the Road - The MO Recall Process (Original Post) MineralMan Aug 2014 OP
K&R MohRokTah Aug 2014 #1
I'm sure it has. I'm sure there are people there MineralMan Aug 2014 #2
Thanks for pointing this out. MohRokTah Aug 2014 #7
Very NICE work you did here. PearliePoo2 Aug 2014 #3
Found the recall provision in the Ferguson, MO City Charter MohRokTah Aug 2014 #4
OK. Ferguson is a Charter City. MineralMan Aug 2014 #5
Here's the other reason it may work dixiegrrrrl Aug 2014 #6
Indeed. Registering as many black voters as possible MineralMan Aug 2014 #10
Mayor is also an elected position. City Manager is an appointed position and... MohRokTah Aug 2014 #8
Yup. City Government Recalls often Mean Major Changes MineralMan Aug 2014 #9
Kicking. MohRokTah Aug 2014 #11

MineralMan

(146,325 posts)
2. I'm sure it has. I'm sure there are people there
Mon Aug 18, 2014, 11:57 AM
Aug 2014

who understand this. Once the current situation is over, I'm certain that organization will take place to do exactly this. The process can be found on Google by anyone. There are activists and community organizers there right now. Ferguson will change soon, and a new government will be in place there, I'm certain.

I'm not the only one who knows how to recall a city government, although I've seen it happen in real life more than once. It works just fine and isn't really that difficult to bring off.

 

MohRokTah

(15,429 posts)
7. Thanks for pointing this out.
Mon Aug 18, 2014, 12:11 PM
Aug 2014

I'm sure activists will have this sort of a conversation with the residents:

Activist: Do you like your Chief of Police?

Citizen: HELL NO!

Activist: Would you like to fire your Chief of Police?

Citizen: HELL YES!

Activist: Okay, I need you to register to vote with this form, then sign this recall petition. In about six months there will be a recall election AND YOU MUST VOTE IN IT! If you and your fellow citizens do this, we can throw out the current city council AND the mayor. We will put six members who will actually represent the people of Ferguson and a new mayor, then they will fire the Chief of Police.


The mayor is an elected position:

https://library.municode.com/index.aspx?clientId=10768
 

MohRokTah

(15,429 posts)
4. Found the recall provision in the Ferguson, MO City Charter
Mon Aug 18, 2014, 11:57 AM
Aug 2014
Part I, Charter.

Section 8.1 General Authority

8.1.3 Recall

The qualified voters of the city shall have the power to initiate the recall of any appointed or elected council member or elected mayor and to dismiss or retain such council member or mayor by a city election. No council member or mayor shall be subject to recall within six months of induction into office nor during the last six months of the term. If retained in office by a recall election, the council member or mayor shall not be subject to recall within a period of six months thereafter.


https://library.municode.com/HTML/10768/level2/PTICH_ARTVIIIINRERE.html#TOPTITLE

MineralMan

(146,325 posts)
5. OK. Ferguson is a Charter City.
Mon Aug 18, 2014, 12:05 PM
Aug 2014

Good research. The rules appear to be the same, then. That's what Ferguson needs.

dixiegrrrrl

(60,010 posts)
6. Here's the other reason it may work
Mon Aug 18, 2014, 12:10 PM
Aug 2014

In the 2010 census, 29.3% were White and 67.4% were African American.
Out of population of 21,203.

Down here, the demographics are of significance.

 

MohRokTah

(15,429 posts)
8. Mayor is also an elected position. City Manager is an appointed position and...
Mon Aug 18, 2014, 12:19 PM
Aug 2014

has the power to appoint Chief of Police:

Sec. 2-251. Police department; director; officers.

(a)

The director of the police department shall be chief of police. The chief of police shall be appointed by the city manager on the basis of his administrative abilities and his qualifications as a law enforcement officer.


https://library.municode.com/HTML/10768/level4/PTIICOOR_CH2AD_ARTIVDE_DIV6PODE.html#PTIICOOR_CH2AD_ARTIVDE_DIV6PODE_S2-251PODEDIOF#TOPTITLE

A recall could easily result in the end of the term of the current City Manager:

Section 4.1 Qualifications: Term of Office

The city manager shall be chosen by the council on the basis of executive and administrative qualifications with special reference to experience in or knowledge of municipal administration. The city manager may or may not be a resident of the city or the state at the time of selection, but shall reside within the city during the tenure of office. The city manager shall be appointed for an indefinite term, subject to removal as herein provided, and shall devote full time to the duties of the office, except with special permission by council. The city manager may reside outside the city while in office only with the approval of the council.

...

Section 4.5 Procedure for Removal

The city manager may be suspended by a resolution which has received an affirmative vote of a majority of all the members of the council. This resolution shall set forth the reasons for the manager's suspension and proposed removal and may suspend the city manager for a period not exceeding forty-five days. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen days in which to reply in writing, and if so requested in the reply, shall be afforded a public hearing not earlier than ten days nor later than fifteen days after the hearing is requested; the resolution for suspension shall be made public ten days prior to the hearing.

After the public hearing is requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal. The manager shall continue to receive salary and benefits until the effective date of a final resolution of removal or other termination date as subject to contractual agreement.

The action of the council in suspending or removing the manager shall not be subject to review by any court or agency.


https://library.municode.com/HTML/10768/level2/PTICH_ARTIVTHMA.html#TOPTITLE
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