[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 06-202 approved by electorate, November 7, 2006]
(a) Initiative. The qualified registered voters of the
City shall have power to propose ordinances to the council and, if
the 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 program or any
ordinance relating to appropriation of money, levy of taxes, zoning
or salaries of City officers or employees. No proposed initiative
ordinance shall contain more than one subject which shall be clearly
expressed in its title.
(b) Referendum. The qualified registered voters of the
City shall have power to require reconsideration by the council of
any adopted ordinance and, if the 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 program,
any emergency ordinance, any ordinance levying a special assessment
or providing for the issuance of special tax bills, or any ordinance
relating to zoning, appropriation of money, or levy of taxes.
(c) Recall. Any official elected by popular vote may
be removed by the voters qualified to vote for the official's successor
for malfeasance in office except as hereinafter provided, such power
to be known as the recall. No official elected by popular vote shall
be subject to recall within six (6) months from induction into office
or during the last six (6) months of the official's term; and if the
official is retained in office upon any recall election, the official
shall not be subject to recall within a period of twelve (12) months
thereafter.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 06-202 approved by electorate, November 7, 2006]
Any five (5) qualified registered voters may commence initiative,
referendum or recall proceedings, provided they are qualified to vote
for the official's successor, 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 to be reconsidered,
or specifying the name of the elected official to be recalled and
a general statement of the substance of the grounds for recall.
Promptly after the affidavit of the petitioners' committee is
filed the clerk shall issue the appropriate petition blanks to the
petitioners' committee. Only petition blanks issued by the City Clerk
may be circulated.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 99-2 approved by electorate, April 6, 1999; Amending Ord. 06-202
approved by electorate, November 7, 2006]
(a) Number Of Signatures. Initiative and referendum
petitions shall be signed by qualified registered voters of the City
equal in number to at least 10 per cent of the total number of qualified
registered voters registered to vote at the last regular City election.
A recall petition shall be signed by qualified registered voters qualified
to vote for the official's successor equal to 20 per cent of the total
number of qualified registered voters registered to vote at the last
regular City election.
(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 preceded by the date signed and followed by the address
of the person signing. Petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance proposed,
the ordinance sought to be reconsidered, or and a general statement
of the substance of the grounds for recall of an elected official.
(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, the ordinance sought
to be reconsidered, or a general statement of the substance of the
grounds for a recall of an elected official. Such affidavit shall
be notarized. Only registered voters of the County of St Charles may
circulate petitions for initiative, referendum or recall. Violation
of this section shall subject the violator to a penalty as prescribed
by ordinance and invalidate the petition signature.
(d) Time For Filing Referendum Petitions. Referendum
petitions must be filed within 30 days after adoption by the council
of the ordinance sought to be reconsidered. Initiative and recall
petitions must be filed within six months of the formation of the
petitioners' committee.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 06-202 approved by electorate, November 7, 2006]
(a) Certificate Of Clerk; Amendment. Within twenty days
after the petition is filed, the City Clerk shall deliver the petition
to the election authority who shall determine its sufficiency and
shall certify its sufficiency to the council. If it is certified insufficient,
the clerk shall promptly send a copy of the certificate to the petitioners'
committee by registered mail.
A person may remove their name from the petition by filing a
form with the clerk prior to the enactment of the ordinance fixing
a date for holding an election.
A petition 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 clerk within two days after receiving the copy of the sufficiency certificate and files a supplementary petition upon additional papers issued by the City Clerk, and labeled supplementary petitions, within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with requirements of subsections
(b) and (c) of section 10.3 and within ten days after it is filed the clerk shall deliver the petition to the election authority who shall determine its sufficiency and shall certify its sufficiency to the council. The clerk shall 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 or amended petition is certified insufficient and the petitioners' committee does not elect to amend or requires council review under subsection
(b) of this section within the time required, the clerk shall promptly present the certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition.
(b) Council Review. If a petition has been certified
insufficient and the petitioners' committee does not file notice of
intention to amend it or if an amended petition has been certified
insufficient, the committee may, within two days after receiving the
copy of such certificate, file a request that it be reviewed by the
council. The council shall review the certificate at its next meeting
following the filing of such request and approve or disapprove it,
and the council's determination shall then be a final determination
as to the sufficiency of the petition.
(c) Court Review; New Petition. A final determination
as to the sufficiency of a petition shall be subject to court review.
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. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 06-202 approved by electorate, November 7, 2006]
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: (a) there is a final
determination of insufficiency of the petition; or (b) the petitioners'
committee withdraws the petition; or (c) the council repeals the ordinance;
or (d) upon the affirmative vote of the voters on the ordinance.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 06-202 approved by electorate, November 7, 2006]
(a) Action By Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article
III or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the qualified registered voters of the City.
(b) Submission To Voters. The vote of the City on a
proposed or referred ordinance shall be held not later than one year
from the date of the final determination as to the sufficiency of
the petitions. If no regular City election is to be held within the
period prescribed in this subsection, the council shall provide for
a special election; otherwise, the vote shall be held at the same
time as such regular election, except that the council may in its
discretion provide for a special election at an earlier date within
the prescribed period. Copies of the proposed or referred ordinance
shall be made available at the polls.
(c) Withdrawal Of Petitions. An initiative, referendum
or recall petition may be withdrawn at any time prior to the fifteenth
day preceding the day scheduled for a vote of the City by filing with
the City Clerk a request for withdrawal signed by at least four 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.
(d) 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 at the next
available April, August or November election. If such office becomes
vacant prior to the election, such election shall be cancelled, and
the vacancy shall be filled as provided in this charter.
(e) Recall Ballot. The Ballot shall be in the following
form:
SHALL (Name/Title) BE REMOVED FROM OFFICE?
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 06-202 approved by electorate, November 7, 2006]
(a) Initiative. If a majority of the qualified registered
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 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
voting on a referred ordinance vote against it, it shall be considered
repealed upon certification of the election results.
(c) Recall. If a majority of the qualified registered
voters voting in such recall election shall vote in favor of the recall,
then a vacancy shall exist. Such vacancy shall be filled as provided
in this charter. If a majority of the qualified registered voters
voting in such election shall vote against the recall, the elected
officer 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 person was originally
elected.
[R.O. 2011; Approved by electorate, November 3, 1981]
Notice of initiative, referendum and recall elections shall
be given, the elections conducted, the returns canvassed, and the
results declared in all respects as are other City elections.