[R.O. 2008 § 105.300; Ord. No. 5612 §1, 8-12-2010]
The registered voters of the City
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 programs or any
ordinance relating to the appropriation of money, salaries of City
Officers and employees, levy of taxes, administrative or executive
matters or ordinances establishing zoning districts or designating
real property to be in one zoning district or another. No proposed
initiative ordinance shall contain more than one (1) subject, which
shall be clearly expressed in its title.
[R.O. 2008 § 105.310; Ord. No. 5612 §1, 8-12-2010]
The registered voters of the City
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 programs
or any ordinance relating to the appropriation of money, salaries
of City Officers and employees, levy of taxes, administrative or executive
matters or ordinances establishing zoning districts or designating
real property to be in one zoning district or another.
[R.O. 2008 § 105.320; Ord. No. 5612 §1, 8-12-2010]
A.
Any official elected by popular vote may
be removed by the registered voters qualified to vote for his successor
subject to the following limitations:
1.
The official has held office for
at least six (6) months prior to commencement of recall.
2.
In the case of an office, the term
of office which is of two (2) years or less, only one (1) recall petition
may be filed during a term.
3.
In case of an office, the term of
office which is greater than two (2) years, additional recall petitions
may be filed but not within six (6) months after voter disapproval
of the last recall petition.
4.
The recalled official may not be
a candidate to succeed him or herself at a special election to fill
the vacancy created by his or her recall, nor may he or she be appointed
by the appointing authority to fill the vacancy.
5.
No official elected by popular vote
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.
6.
The grounds for recall are limited
to misconduct in office, incompetence or failure to perform official
duties of the office prescribed by law or by ordinance.
[R.O. 2008 § 105.330; Ord. No. 5612 §1, 8-12-2010]
A.
Three (3) registered qualified voters who
are qualified to vote on the issue which is the subject of the process
shall commence initiative, referendum or recall proceedings by filing
with the City Clerk an affidavit stating they will constitute the
petitioners' committee for the matter and will be solely responsible
for circulating the petition and filing it in proper form. The initiating
affidavit shall clearly state the names and residential address of
each member of the committee and shall specify the address to which
any notices to the committee are to be sent. The initiating affidavit
shall also set out in full the complete text of the proposed initiative
ordinance or state the number, title and date of adoption of the ordinance
sought to be reconsidered, or specify the name and office of the elected
official to be recalled, whichever is applicable to the process being
proposed. The initiating affidavit for recall shall also contain a
concise statement of the grounds for the recall in two hundred (200)
words or less.
B.
No more than three (3) working days after
receipt by the City Clerk of an initiating affidavit submitted in
full compliance with the requirements of this Section, the City Clerk
shall prepare and issue to the petitioners' committee an appropriate
form of petition in compliance with the requirements of the City Charter
and this Article for use in the proposed process. In the case of referendum,
the City Clerk shall also prepare and provide a certified copy of
the complete ordinance proposed for submission in the initiating affidavit.
Copies of the form prepared by the City Clerk shall be used by the
petitioners' committee to solicit and submit names of subscribers.
All petitions used shall be on forms identical in all respects to
that prepared by the City Clerk and provided to the petitioners' committee.
[R.O. 2008 § 105.340; Ord. No. 5612 §1, 8-12-2010]
A.
Form And Content. All papers of a petition
shall be eight and one-half (8 1/2) by eleven (11) inches in size
and uniform in appearance 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 full address of the residence, not a
P.O. box, of the person signing and the date of signature. Each copy
of the petition shall contain or have attached thereto throughout
their circulation the full text of the ordinance proposed for adoption
by initiative or a true and complete copy of the ordinance to be submitted
to referendum as certified by the City Clerk, as appropriate, and
the estimated costs of any election, which shall be provided by the
City Clerk. Referendum petitions shall also state the full title of
the ordinance sought to be referred on the face thereof. Recall petitions
shall state the name and office of the elected official sought to
be recalled and must contain a statement of the ground or grounds
for the recall in two hundred (200) words or less. No petition shall
seek the recall of more than one (1) officer, but several propositions
for recall may be circulated concurrently and separately submitted
at the same election on the same ballot.
B.
Affidavit Of Circulator. Each paper of
a petition shall have incorporated therein or attached to it when
filed an affidavit executed by the circulator thereof stating that
the circulator personally circulated the paper, the number of signatures
thereon, that all the signatures were affixed in the circulator's
presence, that the circulator 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.
C.
Generic Format Of Petitions. The following
shall be substantially the form of each page of each petition:
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_____ [INITIATIVE/REFERENDUM/RECALL]
_____ PETITION
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NOTICE: It is a violation of law
punishable by a term of imprisonment not to exceed one (1) year in
the County Jail or a fine not to exceed ten thousand dollars ($10,000.00),
or both, for anyone to sign any petition with any name other than
his or her own, or knowingly to sign his or her name more than once
for the same measure for the same election, or to sign a petition
when such person knows he or she is not a registered voter qualified
to vote thereon.
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To: The City Council of the City
of O'Fallon, Missouri:
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We, the undersigned, registered voters
of the City of O'Fallon who are qualified to vote on the subject of
this petition, respectfully order that
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Initiative:
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The proposed ordinance [insert full
title of ordinance], a copy of which is attached hereto, shall be
submitted to the voters of City of O'Fallon, for their approval or
rejection, at an election to be held as provided by law;
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Referendum:
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Ordinance No. _____ as adopted by
the O'Fallon City Council on __________ and entitled [insert full
title of ordinance], a true and accurate copy of which is attached
hereto, shall be referred to the voters of the City of O'Fallon, for
their approval or rejection, at an election to be held as provided
by law;
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Recall:
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That [name of elected official] be
recalled from the office of [insert name of office] for the reason
that [insert 200 word statement of grounds as stated in initiation
affidavit] and that removal of such official be submitted to the voters
of City of O'Fallon, for their approval or rejection, at an election
to be held as provided by law;
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and each for himself or herself says:
I have personally signed this petition; I am a registered voter in
the City of O'Fallon [and Ward X thereof for Council recall]; my registered
voting address is correctly written after my name.
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The Election Authority for St. Charles
County has estimated that the cost to the City of O'Fallon for the
election requested by this petition is [insert amount].
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CIRCULATOR'S AFFIDAVIT
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State of Missouri
County of St. Charles
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)
)
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I ____________________ [name of circulator,
typed or printed], being first duly sworn, says: I personally circulated
this paper and the following __________ persons:
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Printed Name
Address
Signature Date
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1.
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2.
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etc.
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each signed his or her name thereto
in my presence; I believe these signatures to be the genuine signatures
of the persons whose names they purport to be; [that each has had
an opportunity before signing to read the full text of the ordinance
(proposed) (sought to be reconsidered)]; that each has stated his
or her name and registered voting address correctly, and that each
signer is a registered voter of [Ward X of for Council recall] the
City of O'Fallon and qualified to vote on this matter.
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Signature of Affiant
(person obtaining signatures)
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Address of Affiant
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Subscribed and sworn to before me
this _____ day of __, ________.
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Signature of Notary
Address of Notary Public
(Seal)
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My commission expires ___________________________
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[R.O. 2008 § 105.350; Ord. No. 5612 §1, 8-12-2010]
A.
Initiative Petitions. Initiative petitions
must be signed by registered, qualified voters of the City equal in
number to at least ten percent (10%) of the total number of votes
cast for the office of Mayor at the last Mayoral election. If the
petition prays for a special election and if it is signed by registered,
qualified voters of the City equal in number to at least twenty percent
(20%) of the number of qualified electors then registered to vote
within the City as of the date of issuance of the approved petition
form by the City Clerk as provided above, and if the estimated cost
to the City for placing the issue on the ballot is contained on the
petition, a special election shall be held as provided under State
law, in the Charter and in this Code.
B.
Referendum Petitions. Referendum petitions
must be signed by registered, qualified voters of the City equal in
number to at least seven percent (7%) of the total number of votes
cast for the office of Mayor at the last mayoral election. If the
petition prays for a special election and if it is signed by registered,
qualified voters of the City equal in number to at least fourteen
percent (14%) of the number of qualified electors then registered
to vote within the City as of the date of issuance of the approved
petition form by the City Clerk as provided above, and if the estimated
cost to the City for placing the issue on the ballot is contained
on the petition, a special election shall be held as provided under
State law, in the Charter and in this Code.
C.
Recall Petitions. A recall petition shall
be signed by registered, qualified voters then qualified to vote for
a successor to the official being recalled equal to at least twenty
percent (20%) of the total number of voters voting in the last election
for that office; provided however, that in any event there must be
at least three hundred fifty (350) qualified signatures in the case
of officials elected by wards and at least one thousand five hundred
(1,500) qualified signatures in the case of officials elected at large.
If the petition prays for a special election and if it is signed by
registered, qualified voters of the City equal in number to at least
forty percent (40%) of the qualified electors then registered to vote
within the City for a successor to the official being recalled as
of the date of issuance of the approved petition form by the City
Clerk as provided above, and if the estimated cost to the City for
placing the issue on the ballot is contained on the petition, a special
election shall be held as provided under State law, in the Charter
and in this Code.
[R.O. 2008 § 105.360; Ord. No. 5612 §1, 8-12-2010]
A.
Any person who signs any name other than his own to any petition, or who knowingly signs his or her name more than once for the same measure for the same election, or who knows he or she is not at the time of signing or circulating the same a registered voter and a resident of this City eligible to vote on the specified matter, shall, upon conviction thereof, be guilty of an ordinance violation punishable as provided in Section 100.010 of this Code of Ordinances.
[1]
State Law Reference; See § 116.090,
RSMo.
[R.O. 2008 § 105.370; Ord. No. 5612 §1, 8-12-2010]
A.
Initiative petitions must be filed with
the City Clerk no later than 4:00 P.M. on the ninetieth day after
issuance of the appropriate petition form to the petitioners' committee
by the City Clerk.
B.
Referendum petitions must be filed with
the City Clerk no later than 4:00 P.M. on the sixtieth day after the
date on which the City Council voted to approve the ordinance sought
to be reconsidered, regardless of the date of approval of the ordinance
by the Mayor.
C.
Recall petitions for a member of the City
Council must be filed with the City Clerk no later than 4:00 P.M.
on the sixtieth day after issuance of the appropriate petition form
to the petitioners' committee by the City Clerk. Recall petitions
for Mayor must be filed with the City Clerk no later than 4:00 P.M.
on the ninetieth day after issuance of the appropriate petition form
to the petitioners' committee by the City Clerk.
[R.O. 2008 § 105.380; Ord. No. 5612 §1, 8-12-2010]
A.
The City Clerk shall review any petition
when it is submitted. If a petition appears to be in proper form and
to have an adequate number of discrete signatures at the time of filing,
the City Clerk shall, within five (5) working days after the petition
is filed, submit the petition to the election authority of the County
for verification that it bears valid signatures of qualified registered
voters in the required number.
B.
Immediately upon an initial determination
of insufficiency by the City Clerk or within five (5) working days
of receipt of verification from the County election authority, whichever
comes first, the City Clerk shall complete a certificate as to the
petition's sufficiency, specifying, if it is insufficient, the particulars
wherein it is defective or inadequate and shall promptly send a copy
of the certificate to the petitioners' committee by registered mail.
C.
A petition which appears to have an adequate
number of discrete signatures at the time of filing but which is subsequently
determined to be insufficient for lack of the required number of valid
signatures of qualified registered voters may be amended once if the
petitioners' committee files a written notice of its intention to
so amend with the City Clerk within three (3) working days after receiving
the Clerk's certificate. The petitioners' committee may thereafter
amend its original petition by filing a supplementary petition with
additional non-duplicative signatures on additional petitions exactly
like those originally utilized no later than 4:00 P.M. on the tenth
calendar day after receiving the clerk's original certificate. Such
supplementary petition shall comply in all respects with the requirements
for original petitions.
D.
The City Clerk shall review any amended
petition when it is submitted. If the amended petition appears to
be in proper form and to have an adequate number of discrete signatures
at the time of filing, the City Clerk shall, within five (5) working
days after receipt, submit the petition to the election authority
of the County for verification that it bears valid signatures of qualified
registered voters in the required number. Immediately upon an initial
determination of insufficiency of an amended petition by the City
Clerk, or within five (5) working days of receipt of verification
from the County election authority, whichever comes first, the City
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.
E.
If a petition is certified insufficient
and the petitioners' committee does not elect to amend within the
time required, or if an amended petition is certified insufficient,
the City Clerk shall promptly present this certificate to the City
Council and the certificate shall then be a final determination as
to the sufficiency of the petition.
[R.O. 2008 § 105.390; Ord. No. 5612 §1, 8-12-2010]
A.
Any member of the petitioners' committee
aggrieved by the final certification of the City Clerk as to the inadequacy
of a petition may file a petition in the Circuit Court for St. Charles
County for judicial review of an administrative decision in accord
with the provision of Chapter 536, RSMo., no later than fifteen (15)
days after the date of the City Clerk's final certification of inadequacy.
B.
Any elected official who is the subject
of a recall petition and is aggrieved by the final certification of
the City Clerk as to the adequacy of a petition may file a petition
in the Circuit Court for St. Charles County for judicial review of
an administrative decision in accord with the provision of Chapter
536, RSMo., no later than fifteen (15) days after the date of the
City Clerk's final certification of adequacy. The members of the petitioners'
committee shall be joined as respondents in any such review proceedings.
C.
A final determination of insufficiency,
even if sustained upon court review, shall not prejudice the filing
of a new petition for the same purpose provided such subsequent petition
is otherwise timely and in order.
[R.O. 2008 § 105.400; Ord. No. 5612 §1, 8-12-2010]
A.
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:
1.
There is a final administrative determination
of insufficiency of the petition (the filing of judicial review of
an administrative determination of insufficiency shall not further
suspend the ordinance from taking effect unless the court determines
that equity so requires); or
2.
The petitioners' committee withdraws
the petition; or
3.
The City Council repeals the ordinance;
or
4.
Election results sustaining the ordinance
have been certified.
[R.O. 2008 § 105.410; Ord. No. 5612 §1, 8-12-2010]
A.
Public Hearing. Prior to any action being
by the City Council in response to an initiative or referendum petition,
a public hearing shall be held. At least ten (10) days' notice of
the time and place of such hearing shall be published in an official
paper or papers of general circulation within the City.
B.
Initiative Petitions. When an initiative
petition has been determined sufficient, the City Council shall promptly
consider the proposed initiative ordinance in the manner provided
for other similar legislation in the City Charter and this Code. If
the City Council fails to adopt a proposed initiative ordinance without
any change in substance within thirty (30) days after the date the
petition was determined sufficient, the proposed ordinance shall be
submitted to the voters of the City at an election to be held:
1.
No later than the next available
election for which due notice may be given to the election authority
as prescribed by State law without a court order; or
2.
If the petition calls for a special
election and is subscribed by the required number of qualified voters,
at a special election to be held not less than thirty (30) days thereafter
on a date to be determined by the City Council.
C.
Referendum Petitions. When a referendum
petition has been determined sufficient, the City Council shall promptly
reconsider the referred ordinance by voting on its repeal pursuant
to the following question: "Shall Ordinance No. __________ as adopted
by the City Council on __________ be repealed as prayed in the referendum
petition submitted with respect to such ordinance?" If the City Council
fails to repeal the referred ordinance within thirty (30) days after
the date the petition was determined sufficient, the referred ordinance
shall be submitted to the voters of the City at an election to be
held:
1.
No later than the next available
election for which due notice may be given to the election authority
as prescribed by State law without a court order; or
2.
If the petition calls for a special
election and is subscribed by the required number of qualified voters,
at a special election to be held not less than thirty (30) days thereafter
on a date to be determined by the City Council.
D.
Recall Petitions. When a recall petition
has been determined sufficient, the City Council shall fix a date
for holding the election at the next legally available election day
which is not less than thirty (30) days thereafter or, if the petition
calls for a special election and is subscribed by the required number
of qualified voters, at a special election to be held not less than
thirty (30) days thereafter on a date to be determined by the City
Council. If such office becomes vacant prior to the election, such
election shall be canceled and the vacancy shall be filled as provided
by law.
[R.O. 2008 § 105.415; Ord. No. 5612 §1, 8-12-2010]
A.
Initiative Ballot. An initiative question
shall be submitted to the voters in substantially the following form:
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"SHALL THE CITY OF O'FALLON, MISSOURI
ADOPT AN ORDINANCE TO
()?"
(insert subject matter)
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YES _____ NO _____
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B.
Referendum Ballot. A referendum question
shall be submitted to the voters in substantially the following form:
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"SHALL ORDINANCE (_____________________),
BE REPEALED?"
(insert
Ordinance number and subject matter)
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YES _____ NO _____
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C.
Recall Ballot. A recall question shall
be submitted to the voters in substantially the following form:
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"SHALL (___________),
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(___________) BE REMOVED FROM OFFICE?"
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(insert
name)
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(insert title)
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YES _____ NO _____
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D.
The subject matter description of initiative
and referendum questions shall be prepared by the City Clerk and shall
contain no more than fifty (50) words, excluding articles. Each shall
be a true and impartial statement of the purposes of the proposed
or referred measure in language neither intentionally argumentative
nor likely to create prejudice either for or against the measure.
[R.O. 2008 § 105.420; Ord. No. 5612 §1, 8-12-2010]
An initiative, referendum or recall
petition may be withdrawn at any time prior to 5:00 P.M. on the final
day for withdrawal of a candidate or matter by court order as prescribed
by State law, by filing with the City Clerk a request for withdrawal
signed by at least two (2) 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 to
the extent permitted by law and, in any event, null and void in all
respects.
[R.O. 2008 § 105.430; Ord. No. 5612 §1, 8-12-2010]
A.
Initiative. If the majority of the qualified
voters 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
voters on a referred ordinance vote in favor of repeal of the ordinance,
the ordinance shall be considered repealed upon certification of the
election results.
C.
Recall. If a majority of the qualified
voters voting in a recall election shall vote in favor of removal
of the official, then a vacancy shall exist upon certification of
the election results, regardless of a defect in the recall petition.
Such vacancy shall be filled as provided by law. If a majority of
the qualified voters voting in a recall election shall vote against
removal of the official, the elected official shall continue in office.
Any official who has been removed from office by recall shall be ineligible
to serve in the City in any capacity at any time during the remainder
of the term for which the official was originally elected.
