[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.