What is the procedure for removing public officials from office in a municipality?
Removing a public official from office in a municipality (city) in California is a lengthy process that involves a lot of paperwork and public hearings. The process begins with a petition that is signed by the citizen(s) of the municipality. The petition must include the name of the public official who is the focus of the petition, as well as the reasons for the removal of said official. Once the petition is presented to the appropriate governing body, the governing body is responsible for setting a date for the removal hearing. At the hearing, the officials and interested parties must present evidence on whether the public official should be removed from office. During the hearing, the public official in question also has the right to present evidence and witnesses in their defense, and explain why their removal is unwarranted. After all evidence is presented, the presiding body can make a decision as to whether the official in question should be removed. The decision can be appealed if the public official or the citizens who initiated the petition are not satisfied with the decision. If an appeal is filed, the appeal must be presented to the appropriate Appeals Court. The Appeals Court will review the evidence and decide whether the appeal should be granted. If the removal is approved, the public official is immediately removed from office and a new election must be held to elect a new public official. If the removal is not approved, the public official is allowed to continue serving in office.
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