Any proposed capital expenditure with a total
cost of over seventy-five thousand dollars ($75,000.), except emergency
ordinances, as previously defined, shall be submitted to a referendum
vote on the proposed expenditure. The Council shall fix the time and
place for such referendum. A majority of the votes cast at the referendum
shall determine the result.
All ordinances, resolutions or votes except
those making appointments or removals, those regulating exclusively
the internal procedure of the Council and those dealing with the budget,
capital program, emergency ordinances, appropriation of money, levy
of taxes or salaries of officers or employees, shall be subject to
overrule by a referendum as follows: If within thirty (30) days, excluding
legal holidays and Sundays, after publication of any such ordinance,
resolution or vote, a petition signed by not less than five percent
(5%) of the registered voters of the town, as of the last previous
annual town election, is filed with the Town Clerk requesting its
reference to a referendum, the Council shall fix the time and place
of such referendum which shall be within thirty-five (35) days after
filing of the petition, and notice thereof shall be given in the manner
provided by Sec. 804 of this Article. An ordinance, resolution or
vote so referred shall take effect upon conclusion of such referendum,
unless a majority of those voting thereon shall have voted in the
negative, and provided that the total number of votes cast for and
against equal or exceeds twenty percent (20%) of the total number
of registered voters of the town as of the last previous annual town
election.
Not less than five percent (5%) of the registered
voters of the town as of the last town election may at any time petition
for the enactment of any proposed lawful ordinance. This power shall
not extend to appointments or removals, the internal procedure of
the Council, the budget, capital program, emergency ordinances, appropriation
of money, levy of taxes or salaries of officers or employees.
A.
At least five (5) registered voters shall submit the
complete text of such ordinance to the Town Clerk.
B.
Any such proposed ordinance shall be examined by the
Town Attorney before being circulated for petition. The Town Attorney
is authorized to correct the form of such proposed ordinance for the
purpose of avoiding repetitions, illegalities, and unconstitutional
provisions and to ensure accuracy in its text and references and clearness
and preciseness in its phraseology but he/she shall not materially
change its meaning and effect.
C.
Petition form.
(1)
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 street address of the person signing
and the signer's printed name. Petitions shall contain or have attached
thereto throughout their circulation the full text of the ordinance
proposed or sought to be reconsidered.
(2)
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/she personally circulated the paper,
the number of signatures thereon, that all the signatures were affixed
in his/her presence, that he/she 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.
The Council shall call a public hearing to be held
within thirty (30) days from the date of filing of such petition with
the Town Clerk and shall within thirty (30) days after such public
hearing call a special town election for the purpose of submitting
to a referendum vote the question of adopting such ordinance, unless,
prior to the call for said town election, such ordinance shall be
enacted by the Council. The call for such referendum shall state the
proposed ordinances or resolve in full and shall provide for a "yes"
or "no" vote as to its enactment. Such ordinance or resolve shall
take effect on the 10th day after conclusion of such referendum, provided
that a majority of those voting thereon shall have voted in the affirmative,
and provided that the total number of votes cast for and against equals
or exceeds twenty percent (20%) of the total number of registered
voters in the town as of the last previous annual town election.
Notice of the time, place and purpose of any
referendum held pursuant to this Article shall be given by posting
such notice in at least two (2) conspicuous public places in the town
and by publication in a newspaper of general circulation in the town,
such posting and publication to be not less than fourteen (14) days
before the day of the referendum.
The same referendum subject shall not be resubmitted
to voters for consideration within a one-year period.
Council shall not be empowered to reenact orders,
ordinances or resolves rejected by voters at referendum elections
for a period of at least one (1) year. Council shall not be empowered
to reject orders, resolves or ordinances accepted by voters at referendum
elections for a period of at least one (1) year.
Any elected official of the town may be recalled
by the voters of the municipality. The recall process shall be as
follows:
A.
Initiation. A recall petition may be initiated by
at least five percent (5%) of the registered voters of the town as
of the last previous town election, presenting written request for
recall to the Town Clerk.
B.
Action required of Town Clerk. Upon receipt of the
request for recall and verification of the qualifications of the signers,
the Town Clerk shall consult with the town's Attorney, a committee
of at least five (5) of those signing the recall request and any attorney
they may choose to retain to prepare a recall petition.
C.
Recall petition. The recall petition shall clearly
identify and set forth the charges against the elected official which
they are seeking to have recalled.
D.
Collection of signatures.
(1)
Recall petitions shall be available for signing by any qualified voter in the municipality for at least fifteen (15) business days following the completion of the petition. Petitions may be circulated for signing throughout the municipality in accordance with Article VIII, Sec. 803.
(2)
If at the close of the fifteen-day period the number
of qualified voters of the municipality signing the petition equals
at least ten percent (10%) of the registered voters as of the last
previous annual town election, the Council shall immediately establish
a time for a public hearing at which time charges will be presented
by the petitioners and the charged official shall have the opportunity
to respond. A recall referendum shall be held within thirty (30) days
of the public hearing.
E.
Recall ballot form. The question to be asked on the
recall referendum shall substantially conform to the following:
|
"Shall (name of the elected official) be recalled
from (name of the position to which elected) to which he/she was elected?
YES_____ NO______"
|
F.
Voiding of recall referendum. The recall referendum
shall be voided if the elected official resigns at least seven (7)
days prior to the date of the referendum.
G.
Election and replacement of recalled officials. No
replacement candidates may be voted upon at the recall referendum
nor may an election for a replacement of a recalled official or resigned
member be held within twenty-four (24) days. A recalled official may
not run in the election to fill the vacated office.
