(A)
Individual petitions, action discretionary. The Town Council shall
receive all petitions which are addressed to it and signed by a registered
voter and may, in its discretion, take such action in regard to such
petitions as it deems necessary and appropriate.
(B)
Group petitions, action required. The Town Council shall hold a public
hearing and act by taking a vote on the merits of every petition which
is addressed to it and which is signed by at least 100 registered
voters. The hearing shall be held by the Town Council, or by a committee
or subcommittee thereof, and the action by the Town Council shall
be taken not later than 60 days after the petition is filed with the
Town Clerk. Hearings on two or more petitions filed under this section
may be held at the same time and place. The Town Clerk shall mail
notice of the hearing to 10 petitioners whose names first appear on
each petition at least seven days before the hearing. Notice shall
be given by publication of a summary of the contents of a petition
at least seven days prior to all such hearings, at public expense.
No hearing shall be held upon more than one petition containing the
same subject matter in any twelve-month period. No hearing or action
by the Town Council under this section shall be required in the case
of any petition to suspend the implementation of an ordinance adopting
a budget or enacting a land use regulation.
(A)
Commencement of proceedings. Initiative procedures shall be started
by the filing of an initiative petition with the Town Clerk. The petition
shall be addressed to the Town Council, shall contain a request for
passage of a particular measure set forth in the petition, and shall
be signed by no less than 20% of the total number of votes cast in
the last regular Town election. Signatures to an initiative petition
need not be all in one paper. All such papers pertaining to any one
measure shall be fastened together and shall be filed in the office
of the Town Clerk as one instrument, with the endorsement thereon
of the names and addresses of the persons designated as filing the
same. With each signature to the petition shall be stated the place
of residence of the signer, giving the street and number, if any.
Within seven days after the filing of an initiative petition, the
Town Clerk shall ascertain by what number of registered voters the
petition is signed, and what percentage that number is of the total
number of votes cast in the last regular Town election, and shall
attach thereto a certificate showing the result of such examination.
The Town Clerk shall forthwith transmit the certificate with the petition
to the Town Council and at the same time shall send a copy of the
certificate to the first person designated on the petition as filing
the same. When such certificate establishes that the petition appears
to have been signed by the requisite number of registered voters,
the petition shall be deemed to contain requisite signatures unless
written objections are made with regard to the signatures thereon
by a registered voter within seven days after such certificate has
been issued by filing such objections with the Town Council and a
copy thereof with the Town Clerk. The validity of any such objection
shall be determined by the Town Council at its next regular meeting.
(B)
Requirements for passage and submission to electorate. If the Town
Council determines that the petition contains the requisite signatures
of registered voters, and if in the opinion of the Town Attorney the
petitioned initiative measure may lawfully be passed by the Town Council,
the Town Council shall within 20 days after the petition has been
finally determined to be sufficient: (1) pass the measure without
alteration; or (2) schedule a special Town election to be held on
a date not less than 30 nor more than 60 days thereafter and submit
the measure without alteration to a vote at that election. However,
if any other Town election is to occur within 60 days after the petition
has finally been determined to be sufficient, the Town Council may
omit a special election and submit the measure to a vote at such other
Town election. The ballot presenting an initiative measure shall state
the nature of the measure in terms sufficient to communicate the substance
thereof. The question shall be whether the initiative measure should
be adopted.
(A)
Commencement of proceedings. Referendum petitions must be filed with
the Town Clerk within 30 days after adoption by the Town Council of
the measure or part thereof protested by the petition. Referendum
petitions shall identify specifically the measure or part thereof
protested and must be signed by no less than 20% of the total number
of votes cast in the last regular Town election. The procedures of
Section 3.2(A) shall apply to referendum petitions, except that the
words "measure or part thereof protested" shall, for this purpose,
replace the word "measure" in the said section whenever it may occur,
and the word "referendum" shall replace the word "initiative" in said
section.
(B)
Suspension of effect of measure or part thereof protested. When a referendum petition is filed with the Town Clerk, the measure or part thereof protested shall be suspended from taking effect, except for emergency ordinances adopted under Section 6.3 of this Charter or ordinances adopting a budget or land use regulation, which shall not be subject to suspension. Such suspension shall terminate when:
(C)
Action on petition. When a referendum petition has been finally determined
to be sufficient, the Town Council shall reconsider the protested
measure or part thereof by voting whether to repeal it. If the Town
Council fails to repeal the protested measure or part thereof within
30 days after the day the petition was finally declared sufficient,
the Town Council shall submit the protested measure or part thereof
to a vote of the Town at a special Town election to be held on a date
fixed by the Town Council. Such special election shall be held not
less than 30 nor more than 60 days after the Town Council's vote
on repeal. However, if any other Town election is to occur within
60 days after the Town Council's vote on repeal, the Town Council
may omit a special election and submit the protested measure or part
thereof to a vote at such other Town election. The ballot presenting
a referendum measure under this section shall state the nature of
the protested measure or part thereof in terms sufficient to communicate
its substance. The question shall be whether the referendum measure
should be repealed.
The Town Council may, on its own motion, submit any proposed
measure, or a proposition for the repeal or amendment of any measure,
to a vote of the Town at a regular or special Town election in the
same manner and with the same force and effect as provided by this
Charter for submission of initiative or referendum measures.
If two or more initiative or proposed measures passed at the
same Town election contain conflicting provisions, only the one receiving
the greater number of affirmative votes shall take effect.
