Thursday, March 19, 2009

Many people have asked about recall provisions in Lake Worth

It turns out that we default to Florida Statutes. Click here for link to applicable section.

Grounds must be based upon at least one the following:

1. Malfeasance;

2. Misfeasance;

3. Neglect of duty;

4. Drunkenness;

5. Incompetence;

6. Permanent inability to perform official duties; and

7. Conviction of a felony involving moral turpitude.

The way I read the statute one would need to gather 1,000 signatures. There are many other specific requirements identified in the state statute, including the provision for a 200 word defense statement prepared by the person who is subject to the recall.

Definitions:

Malfeasance: conduct by a public official that cannot be legally justified or that conflicts with the law. An unlawful act: an act carried out by a public official that cannot be legally justified or that conflicts with the law

Misfeasance: in law, the abuse of lawful authority in order to achieve a desired result.