The electors shall have the power to propose
to the council any ordinance or other measure, in accordance with
this chapter, except an ordinance or resolution appointing or removing
officials, specifying the compensation or hours of work of officials
or employees, or relating to the council's action and authority
when the council is acting in its capacity as the zoning authority
of the town.
If the council fails to adopt such ordinance
or measure within sixty days after a petition making such a proposal
has been filed with the town clerk, the electors may adopt or reject
the same at an election called and warned by the council within ninety
days after such proposed ordinance or measure was originally certified
by the town clerk, provided such petition shall be substantially in
the form prescribed in Section 7 of this chapter, and shall be in
ink or indelible pencil, signed by not less than seven percent of
the electors as determined by the last-completed registry list. The
town clerk shall determine the sufficiency of the petition and, if
said petition is found to be sufficient, shall certify it to the council
within seven days after receipt of the petition.
Unless at least fifteen percent of the electors
entitled to vote on the question shall vote, such proposed ordinance
or measure shall not become effective and the result shall be construed
as against adoption. No ordinance or other measure which shall have
been adopted in accordance with the provisions of this section shall
be repealed or amended by the council within two years after adoption
except by vote of the electors.
The electors shall have the power to approve
or reject at a referendum as herein provided any ordinance or other
measure passed by the council except the following:
(a)
An ordinance or resolution appointing or removing
officials, specifying the compensation or hours of work of officials
or employees, or relating to the council's action and authority
when the council is acting in its capacity as the zoning authority
of the town;
(b)
An ordinance authorizing the issuance of bonds or
notes which ordinance shall be subject to referendum only in accordance
with Chapter VII, Section 8, of this charter;
(c)
The budget ordinance, or substitute budget ordinance,
which ordinances shall be subject to referendum only in accordance
with Chapter VII, Section 11, of this charter;
(d)
The resolution establishing the tax rate, which resolution
shall not be subject to referendum;
(e)
Any other matter arising out of proceedings undertaken
pursuant to Chapter VII, Section 11, of this charter, which matters
shall not be subject to referendum. Ordinances or other measures submitted
to the council by initiative petition as provided in Section 1 of
this chapter and passed by the council with or without change shall
be subject to a referendum in the same manner as other ordinances
or measures.
Within thirty days after the enactment by the
council of any ordinance or other measure which is subject to referendum,
a petition substantially in the form prescribed in Section 7 of this
chapter, and signed in ink or indelible pencil by not less than seven
percent of the electors as determined by the last-compiled registry
list may be filed with the town clerk requesting that any such ordinance
or other measure be either repealed or submitted to a vote of the
electors. The town clerk shall determine the sufficiency of the petition
and, if said petition is found to be sufficient, shall so certify
to the council within seven days after receipt of the petition by
him or her. If the council fails to repeal such ordinance or other
measure, the question shall be submitted to a referendum of the electors
of the town conducted in accordance with the relevant general statutes,
such referendum to be held within sixty days after certification by
the town clerk. Upon the filing of a sufficient petition, the ordinance
or measure shall remain without effect until the electors vote on
the question as above provided.
A majority vote of the electors to repeal the
ordinance or measure shall not become effective unless a total of
at least fifteen percent of the electors entitled to vote on the question
shall have voted. If the vote to repeal fails, the ordinance or measure
as passed by the council shall become effective immediately.
The form of petition for initiative or referendum
shall be as follows:
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WARNING: ALL SIGNATURES SHALL BE IN INK OR INDELIBLE
PENCIL. We, the undersigned electors of the town of West Hartford,
hereby present this petition (here insert the word "initiating" or
the words "requesting the repeal of') the following ordinance
(measure) (here insert the text of the ordinance or measure) and we
certify that we are electors of the town of West Hartford residing
at the addresses set opposite our names and that we have not signed
this petition more than once.
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Name Address
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1.
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2.
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etc.
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The form of question for any ordinance or measure
placed on the voting machines in accordance with the initiative and
referendum provisions of this chapter shall be as follows: Are you
in favor of the ordinance (measure) or proposed ordinance (proposed
measure) relating to (here insert brief description of the ordinance
or measure and its intent)?
Upon the filing of any petition pursuant to
any provisions of this charter the town clerk shall proceed to determine
forthwith its sufficiency. If the town clerk shall find any petition
filed under the provisions of Section 1 or 4 of this chapter to be
insufficient, he or she shall serve public notice of such insufficiency
by placing a legal notice to such effect in a newspaper having general
circulation in the town. After the town clerk has found any petition
to be insufficient, no further proceedings shall be had thereon except
by order of a judge of a court of competent jurisdiction to whom an
appeal may be taken from the decision of the town clerk.
