[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
(a)
Initiative. The qualified voters of the city shall
have power to propose ordinances to the city council and, if the city
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,
or salaries of city officers or employees. No proposed initiative
ordinance shall contain more than one 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 city council of any adopted
ordinance and, if the city council fails to repeal an ordinance so
reconsidered, 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, appropriation
of money, or levy of taxes.
(c)
Recall. Any official elected by popular vote may
be removed by the electors qualified to vote for his or her successor,
except as hereinafter provided, such power to be known as the recall.
A petition requesting the removal of an incumbent shall be signed
by electors of the city equal in number to twenty percent (20%) of
the registered voters qualified to vote for the office in question
as shown by the registration records at the time of the last regular
municipal election. Provided, however, neither the mayor nor any member
of the city council shall be subject to recall within six (6) months
from his or her induction into office or during the last six (6) months
of his or her term; and if he or she is retained in office upon any
recall election, he or she shall not be subject to recall within a
period of six (6) months thereafter.
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 address to which all
notices to the committee are to be sent, and setting out in full the
proposed initiative ordinance, or citing the ordinance to be reconsidered,
or specifying the name of the elected official to be recalled.
Promptly after the affidavit of the petitioners' committee is
filed the clerk shall issue the appropriate petition blanks to the
petitioners' committee.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
(a)
Number of signatures. An initiative petition or
a referendum petition not involving zoning, must be signed by qualified
voters of the city equal in number to at least ten percent (10%) of
the total number of qualified voters registered to vote at the last
regular city election. A recall petition or a referendum petition
involving zoning shall require twenty percent (20%) of the total number
of qualified voters registered to vote at the last regular city election.
(b)
Form and content. All papers of a petition shall
be uniform in size and style and shall be assembled as one instrument
for filing. Each signature shall be executed in ink or indelible pencil
and shall be followed by the address 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. Each paper of a petition
shall have attached to it when filed an affidavit executed by the
circulator thereof stating that he or she personally circulated the
paper, the number of signatures thereon, that all the signatures were
affixed in his or her presence, that he or she believes them to be
the genuine signatures of the persons whose names they support to
be and that, in the case of an initiative or referendum petition,
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 referendum petitions. Referendum
petitions must be filed within thirty (30) days after adoption by
the city council of the ordinance sought to be reconsidered.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 4055 §1(Prop. 2), 12-11-2006]
(a)
Certificate of clerk; amendment. Within forty-five (45) 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 five (5) days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 11.3, and within forty-five (45) days after it is filed the clerk shall complete a certificate as to the sufficiency of the petition 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 the original petition or request the city council to review under subsection (b) of this section within the time required, the clerk shall promptly present his or her certificate to the city council and the certificate shall then be a final determination as to the sufficiency of the petition.
(b)
Review by board of aldermen. 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 five (5) days after
receiving the copy of such certificate, file a request that it be
reviewed by the city council. The city 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 shall then 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.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
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:
[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 4055 § 1(Prop.
2), 12-11-2006]
(a)
Action by city council. (Initiative and referendum) When an initiative or referendum petition has been finally determined sufficient, the city council shall promptly consider the proposed initiative ordinance in the manner provided in Article III or reconsider the referred ordinance by voting its repeal. If the city council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city.
(b)
Submission to voters. The vote of the city on a
proposed or referred ordinance shall be held as soon as possible on
a regularly-scheduled election date after the date of the final city
council vote thereon, except that the city council may in its discretion
provide for a special election at an earlier date.
(c)
Withdrawal of petitions. An initiative, referendum
or recall petition may be withdrawn at any time prior to the fifteenth
(15th) 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.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
(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 city 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.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
When a recall petition has been certified to the city council as sufficient by the city clerk, the city council shall fix a date for holding the election, not less than thirty (30) days nor more than forty-five (45) days thereafter. If such office becomes vacant prior to the election, such election shall be cancelled, and the vacancy shall be filled as provided in Sections 3.6 or 4.3 of this charter.
The ballot shall be in the following form:
|
SHALL
|
______________________________ BE REMOVED FROM OFFICE?
(Name/Title)
|
|
_____ Yes
| |
|
_____ No
| |
|
Voters in favor of the removal place a cross (X) in the square
opposite the word "Yes".
| |
|
Voters opposed to the removal place a cross (X) in the square
opposite the word "No".
| |
|
If voting machines or devices other than printed ballots are
used, the ballot shall be prepared in a form so as to give the elector
an opportunity to vote substantially as set forth above.
|
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
If a majority of the electors voting in such recall election shall vote in favor of the recall, then a vacancy shall exist, regardless of any defect in the recall petition. Such vacancy shall be filled as provided in Sections 3.6 and 4.3 of this charter. If a majority of the electors voting in such election shall vote against the recall, the mayor or member of the city council shall continue in office. Any such person who has been recalled shall be ineligible to serve in the city in any capacity at any time during the remainder of the term for which he or she was originally elected.
Notice of initiative, referendum and recall elections shall
be given, the elections conducted, the returns canvassed, and the
results declared in all respects as are other city elections.
