a.
Initiative. The qualified voters of the city shall
have power to propose ordinances to the council and, if the council
fails to adopt an ordinance so proposed without any change in substance,
to adopt or reject it at a city election, provided that such power
shall not extend to the budget or capital program or any ordinance
relating to appropriation of money, levy of taxes, zoning, administrative
matters, sale of land, or salaries of city officers or employees.
No proposed initiative ordinance shall contain more than one (1) subject,
which shall be clearly expressed in its title.
b.
Referendum. The qualified voters of the city shall
have power to require reconsideration by the council of any adopted
ordinance and, if the council fails to repeal an ordinance so reconsidered,
it shall be submitted to the voters to approve or reject it at a city
election, provided that such power shall not extend to the budget
or capital program, any emergency ordinance, any ordinance levying
a special assessment or providing for the issuance of special tax
bills, or any ordinance relating to zoning, administrative matters,
sale of land, appropriation of money, or levy of taxes, or salaries
of city officers or employees.
c.
Recall. The qualified voters of the city shall have
the power to recall any elected city official, provided:
1.
That the officer has held office for at least six (6) months before
the date of the recall election, and
2.
The date of the recall election is at least six (6) months after
voter disapproval of the last recall petition involving the same official.
A recalled officer may not be a candidate to succeed himself at a
special election held to fill the vacancy created by the recall, nor
may the recalled official be appointed to fill the vacancy created
by the recall.
Any five (5) qualified voters may commence initiative, referendum,
or recall proceedings by filing with the city clerk an affidavit stating
they will constitute the petitioners' committee and be responsible
for circulating the petition and filing it in proper form, stating
their names and addresses and specifying the addresses to which all
notices to the committee are to be sent. In addition, the affidavit
shall:
a.
Set out in full the proposed initiative ordinance, or
b.
Citing the ordinance sought to be reconsidered, or
c.
Specify the officer who is proposed to be recalled.
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Not more than three (3) business days after the affidavit of
the petitioners' committee is filed, the clerk shall issue the
appropriate petition blanks to the petitioners' committee.
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a.
Number of Signatures. Initiative and referendum
petitions must be signed by qualified voters of the city equal in
number to at least fifteen percent (15%) of the total number of qualified
voters registered to vote at the last regular city election. Recall
petitions must be signed by qualified voters of the district from
which the officer (either ward or at-large position) was elected equal
to the lesser of:
1.
Fifteen percent (15%) of the total number of qualified voters registered
to vote in that district at the last city election, or
2.
One hundred percent (100%) of the total number of qualified voters
who actually voted in favor of the officer sought to be recalled at
the last city election where the officer was a candidate.
b.
Form and Content. All papers of a petition shall
be uniform in size and style and shall be assembled as one (1) instrument
for filing. Each signature shall be executed in ink or indelible pencil
and shall be followed by the address and printed name of the person
signing. Petitions shall contain or have attached thereto throughout
their circulation the full text of the ordinance proposed or sought
to be reconsidered.
c.
Affidavit of Circulator. When filed, each paper
of a petition shall have attached to it an affidavit executed by the
circulator thereof stating that he personally circulated the paper,
the number of signatures thereon, that all the signatures were affixed
in his presence, that he believes them to be the genuine signatures
of the persons whose names they purport to be and that each signer
had an opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered.
d.
Time for Filing Petitions. Petitions must be filed
within sixty (60) days of the issuance of the appropriate petition
forms to the petitioner's committee.
e.
Withdrawal of names. Once a petition has been presented
to the city, no person may withdraw his or her signature from the
petition, and no supplementary petitions may be filed to add additional
names to the petition.
a.
Certificate of Clerk; Amendment. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within two (2) days after receiving the copy of his certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 8.3, and within five (5) days after it is filed, the clerk shall complete a certificate as to the sufficiency of the petitions as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council review under subsection (b) of this section within the time required, the clerk shall promptly present his certificate to the council, and the certificate then shall be a final determination as to the sufficiency of the petition.
b.
Council Review. If a petition has been certified
insufficient and the petitioners' committee does not file notice
of intention to amend it or if an amended petition has been certified
insufficient, the committee may, within two (2) days after receiving
the copy of such certificate, file a request that it be reviewed by
the council. The council shall review the certificate at its next
meeting following the filing of such request and approve or disapprove
it, and the council's determination then shall be a final determination
as to the sufficiency of the petition.
c.
Court Review; New Petition. A final determination
as to the sufficiency of a petition shall be subject to court review.
A final determination of insufficiency, even if sustained upon court
review, shall not prejudice the filing of a new petition for the same
purpose.
When a referendum petition is filed with the city clerk, the
ordinance sought to be reconsidered shall be suspended from taking
effect. Such suspension shall terminate when:
a.
Action by Council. When an initiative, referendum,
or recall petition has been finally determined sufficient, the council
shall promptly act upon the same.
1.
A proposed initiative ordinance shall within sixty (60) days be voted
upon by the council, and if adopted by the council without any change
in substance no initiative election shall be scheduled. If the council
fails to adopt a proposed initiative ordinance within that time, an
initiative election shall be scheduled.
2.
A proposed referendum of an existing ordinance shall within thirty
(30) days be voted upon by the council, and if the existing ordinance
is repealed, no referendum election shall be scheduled. If the council
fails to repeal the existing ordinance within that time, a referendum
election shall be scheduled.
3.
A recall election shall be scheduled to be held at the next available
election day following final determination of its sufficiency.
4.
If the council fails to act within the time limits provided herein,
the petitioners' committee may order the county election authority
to conduct the election, at the city's expense.
b.
Submission to Voters. The vote of the city on a
proposed or referred ordinance shall be held not less than sixty (60)
days and not later than one (1) year from the date of the final council
vote thereon. If no regular city election is to be held within the
period prescribed in this subsection, the council shall provide for
a special election; otherwise, the vote shall be held at the same
time as such regular election, except that the council may in its
discretion provide for a special election at an earlier date within
the prescribed period. Copies of the proposed or referred ordinance
shall be made available at the polls. (As noted above, a recall election
must be scheduled at the next available election day following final
determination of sufficiency; this subpart does not apply to recall
elections.)
c.
Withdrawal of Petitions. An initiative or referendum
petition may be withdrawn at any time prior to the thirtieth (30th)
day preceding the day scheduled for a vote of the city by filing with
the city clerk a request for withdrawal signed by at least four (4)
members of the petitioners' committee. Upon the filing of such
request, the petition shall have no further force or effect and all
proceedings thereon shall be terminated. The withdrawal of a recall
petition shall not be permitted.
a.
Initiative. If a majority of the qualified electors
voting on a proposed initiative ordinance vote in its favor, it shall
be considered adopted upon certification of the election results and
shall be treated in all respects in the same manner as ordinances
of the same kind adopted by the council. If conflicting ordinances
are approved at the same election, the one receiving the greatest
number of affirmative votes shall prevail to the extent of such conflict.
b.
Referendum. If a majority of the qualified electors
voting on a referred ordinance vote against it, it shall be considered
repealed upon certification of the election results.
c.
Recall. The question presented to voters at the
recall election will be in substantially the following form: "Should
(TITLE OF OFFICER)(NAME OF OFFICER) be removed from office?" If a
majority of the qualified electors voting on this question in favor
of removal, the officer shall be considered removed from office and
the office now vacant.
a.
City Council May Initiate Election. In addition
to the initiative and referendum provisions of this charter, the city
council may on its own initiative schedule an election upon any question
that properly could be considered by initiative or referendum, either
as a binding or as an advisory matter as the council determines.
b.
Additional Authority to Refer Management Questions to Voters. If the Council desires to do so, it may also refer to the voters
questions regarding the budget or capital program of the city, and
questions regarding the organization, operation, or management of
the city.
c.
Matters of Public Concern. Similarly, the council
may refer to the voters questions of public concern, upon which the
council wishes to know the sentiment of the voters, even in instances
where the City is without power or authority to implement the wishes
of the voters. The expenditure of public funds to determine the sense
of the voters on such a question is hereby declared to be a public
purpose.
d.
Election Notice. Notice of any election ordered
pursuant to this section must be given at least twelve (12) weeks
prior to the date on which the election will be held.
e.
Binding Election, Procedure. If the city council
desires to adopt a "binding" election procedure, it shall propose
an ordinance to be presented to the voters. If the majority of the
qualified electors voting on the proposed ordinance vote in its favor,
it shall be considered adopted upon certification of the election
results and shall be treated in all respects in the same manner as
ordinance of the same kind adopted by the council. If conflicting
ordinances are approved at the same election, the one receiving the
greatest number of affirmative votes shall prevail to the extent of
such conflict. A reverse referendum binding election may not be held
on the same date as a citizen initiated initiative or referendum.
f.
Non-Binding Or Advisory Election, Procedure. If
the city council desires to adopt a non-binding election procedure,
it shall note that nature of the election in the notice, and in the
question presented to the voters.
