[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Initiative. The registered 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
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 (1) Zoning District or another.
No proposed Initiative Ordinance shall contain more than one (1) subject,
which shall be clearly expressed in its title.
B.
Referendum. The registered 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
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 (1) Zoning District or another.
C.
Recall. Any official elected by popular
vote may be removed by the registered voters qualified to vote for
his or her 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 be 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 misconduct in
office, incompetence, or failure to perform official duties of the
office prescribed by law or by Ordinance.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
Any three (3) registered qualified
voters, qualified to vote on an issue, 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 sought to be
reconsidered, or specifying the name of the elected official to be
recalled. No more than three (3) working days after the affidavit
of the Petitioners' Committee is filed, the City Clerk shall issue
the appropriate petition blanks to the Petitioners' Committee.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Number Of Signatures.
1.
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 number of registered voters in the City eligible to vote for Mayor at the last Mayoral election and by at least ten percent (10%) of the number of registered, qualified voters in the ward eligible to vote for Mayor in the last Mayoral election in a majority of the number wards of the City. If the petition prays for a Special Election, is signed by twenty percent (20%) of the number of registered voters eligible to vote for Mayor in the City in the last Mayoral election and by at least twenty percent (20%) of the number of registered, qualified voters in the ward eligible to vote for Mayor in the last Mayoral election in a majority of the number wards of the City, and the estimated cost to the City for placing the issue on the ballot is contained on the petition, a Special Election shall be held consistent with the requirements of Section 9.7(B) of this Article.
2.
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 number of registered voters in the City eligible to vote for Mayor at the last Mayoral election and by at least seven percent (7%) of the number of registered, qualified voters in the ward eligible to vote for Mayor in the last Mayoral election in a majority of the number wards of the City. If the petition prays for a Special Election, and is signed by fourteen percent (14%) of the number of registered voters eligible to vote for Mayor in the City in the last Mayoral election and by at least fourteen percent (14%) of the number of registered, qualified voters in the ward eligible to vote for Mayor in the last Mayoral election in a majority of the number wards of the City, and the estimated cost to the City for placing the issue on the ballot is contained on the petition, a Special Election shall be held consistent with the requirements of Section 9.7(B) of this Article.
3.
Recall Petitions. A Recall Petition shall be signed by registered, qualified voters qualified to vote for his or her successor equal to at least twenty percent (20%) of the total number of voters voting in the last election for that office, provided, that there be at least three hundred and fifty (350) signatures in the case of officials elected by Wards and one thousand five hundred (1,500) signatures in the case of officials elected at large. If the petition prays for a Special Election, is signed by forty percent (40%) of the qualified electors, and the estimated cost to the City for placing the issue on the ballot is contained on the petition, a Special Election shall be held consistent with the requirements of Section 9.7(B) of this Article.
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 full address of the residence, not a
P.O. Box, of the person signing, and the date of signature. Petitions
shall contain or have attached thereto throughout their circulation
the full text of the Ordinance proposed or reconsidered and the estimated
costs of any election. 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 separately submitted at
the same election on the same ballot.
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 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.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Initiative Petitions must be filed within
ninety (90) calendar days of the issuance of the appropriate petition
forms to the Petitioners' Committee.
B.
Referendum Petitions must be filed within
sixty (60) calendar days after adoption by the City Council of the
Ordinance sought to be reconsidered.
C.
Recall Petitions for a Council person must
be filed within sixty (60) calendar days of the issuance of the appropriate
petition forms to the Petitioners' Committee. Recall Petitions for
Mayor must be filed within ninety (90) calendar days of the issuance
of the appropriate petition forms to the Petitioners' Committee.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Certificate Of City Clerk; Amendment. Within five (5) working days after the petition is filed, the City Clerk shall submit petition to the Election Authority for verification of sufficiency. Within five (5) working days of receipt of verification, 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 which appears to have an adequate number of discrete signatures at the time of filing but which is subsequently 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 City Clerk within three (3) working days after receiving the copy of this certificate and files a Supplementary Petition upon additional papers within ten (10) working days after receiving the copy of such certificate. Such Supplementary Petition shall comply with the requirements of Subsection B and Subsection C of Section 9.3 of this Article, and within five (5) working days after it is filed, 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. 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.
B.
Court Review; New Petition. A final determination
as to the sufficiency of a petition shall be subject to court review
in the manner provided by law for review of administrative decisions.
A final determination of insufficiency, even if sustained upon court
review, shall not prejudice the filing of a new petition for the same
purpose.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
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:
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Action By The City Council. When an Initiative or Referendum Petition has been determined sufficient, the City Council shall promptly consider the proposed Initiative Ordinance in the manner provided in Article 3 of this Charter 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 or fails to repeal the referred Ordinance within thirty (30) days after the date the petition was determined sufficient, it shall submit the proposed or referred Ordinance to the voters of the City. Prior to any action being taken by the City Council, 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.
Submission To Voters. The vote of the City
on a proposed or referred Ordinance shall be held no later than the
next available election as prescribed by State law.
1.
Initiative Ballot. The Initiative question
shall be submitted to the voters in substantially the following form:
|
"SHALL THE CITY OF O'FALLON,
MISSOURI ADOPT AN ORDINANCE TO
| |
|---|---|
|
(________________________________)?"
| |
|
(insert subject matter)
| |
|
YES _____ NO _____
| |
2.
Referendum Ballot. The Referendum question
shall be submitted to the voters in substantially the following form:
|
"SHALL ORDINANCE
|
(__________________),
(insert Ordinance number and
subject matter)
|
BE REPEALED?"
|
|---|---|---|
|
YES _____ NO _____
|
[R.O. 2008; Ord. No. 6645, 1-23-2020]
An Initiative, Referendum or Recall
Petition may be withdrawn at any time prior to 5:00 p.m. on the final
day for withdrawal 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.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Recall Election. 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 thereafter, or at the next legally available
election. If such office becomes vacant prior to the election, such
election shall be canceled, and the vacancy shall be filled as provided
in this Charter.
B.
Recall Ballot. The Recall question shall
be submitted to the voters in substantially the following form:
|
"SHALL
|
(_____________),
(insert name)
|
(_____________)
(insert title)
|
BE REMOVED FROM OFFICE?"
|
|---|---|---|---|
|
YES _____ NO _____
|
[R.O. 2008; Ord. No. 6645, 1-23-2020]
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 (1) 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 such Recall election shall vote in favor of the Recall,
then a vacancy shall exist, regardless of a defect in the Recall Petition.
Such vacancy shall be filled as provided in this Charter. If a majority
of the qualified voters voting in such election shall vote against
the Recall, the elected official 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
the official was originally elected.
