[R.O. 1997]
(a)
Initiative. The qualified voters of the
City shall have the power to propose ordinances to the Council and,
if an ordinance so proposed is not adopted 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 the appropriation of money, levy of taxes, zoning, or
salaries of City officers or employees. 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 the power to require reconsideration by the City Council
of any ordinance and, if an ordinance so reconsidered is not repealed,
to approve or reject it at a City election, provided that such power
shall not extend to the budget or capital program, or any ordinance
levying a special assessment or providing for the issuance of special
tax bills, or any ordinance relating to appropriation of money or
levy of taxes.
(c)
Recall. Any official elected by popular
vote may be removed by the registered voters qualified to vote for
his or her successor. No elected official shall be subject to recall
during the first six (6) months after the official's induction into
office. No elected official shall be subject to recall during the
last six (6) months of the official's term. If the official is retained
in office upon any recall election, the official shall not be again
subject to recall during the same term of office.
[R.O. 1997]
Any five (5) registered voters of
the City qualified to sign the petition may commence initiative, referendum
or recall proceedings by filing with the City Clerk an affidavit,
on a form provided by the City, stating they will constitute the petitioners'
committee and be responsible for circulating the petition and for
filing it in proper form. The affidavit shall state their names, addresses
and phone numbers, specify the address to which all notices to the
committee are to be sent, and set out in full the proposed initiative
ordinance or the existing ordinance to be reconsidered, or the name
and City office of the City official to be recalled.
No more than five (5) business days
after the affidavit of the petitioners' committee is filed, the City
Clerk shall issue the appropriate petition forms to the petitioners'
committee.
[R.O. 1997]
(a)
Number Of Signatures. Initiative and referendum
petitions shall be signed by registered qualified voters of the City
equal in number to at least ten percent (10%) of the total number
of persons registered to vote at the last general municipal election.
A recall petition shall be signed by registered qualified voters qualified
to vote for his or her successor equal to at least fifteen percent
(15%) of the total number of persons registered to vote at the last
general municipal election.
(b)
Form And Content. All papers of a petition
shall be uniform in size and style and shall be assembled as one (1)
instrument for filing. Each signature shall be followed by the address
of the person signing. Petitions shall contain the full text of the
ordinance proposed or sought to be reconsidered, or the name and office
of the official for whom recall is sought. 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 the following: that he or she personally
circulated the paper; the number of signatures thereon; that all the
signatures were affixed in his or her presence; that he or she 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 either the proposed ordinance, the existing
ordinance to be reconsidered, or the recall proposition.
(d)
Time For Filing Petitions. Initiative petitions
must be filed within sixty (60) days of the issuance of the appropriate
petition forms to the petitioners' committee. Referendum petitions
must be filed within sixty (60) days after adoption by the Council
of the ordinance sought to be reconsidered. Recall petitions must
be filed within sixty (60) days of the issuance of the appropriate
petition forms to the petitioners' committee.
[R.O. 1997]
(a)
Certification By City Clerk; Amendment
Of Petition. Within three (3) business days after a petition with
the apparent number of required signatures is filed, the City Clerk
shall submit the petition to the election authority for certification,
and within three (3) business days after such determination, shall
complete a certificate as to its sufficiency, specifying if it is
insufficient, the reasons it is defective. A copy of the certificate
shall promptly be sent to the petitioners' committee by registered
mail, return receipt requested. A petition certified insufficient
for lack of the required number of valid signatures may be amended
once if, within two (2) business days after receiving the copy of
such certificate, the petitioners' committee files with the City Clerk
a notice of intention to amend their original petition and a supplementary
petition upon additional papers within ten (10) business days after
receiving the copy of a certificate of insufficiency. All such supplementary
petitions shall comply with the requirements of this Charter, and
the City Clerk shall proceed on such supplementary petition as provided
for an original petition. If a petition is certified to be insufficient
and no timely amended petition is filed, or if an amended petition
is certified to be insufficient, no further action shall be had thereon
and such determination shall be deemed the final determination.
(b)
Court Review New Petition. A final determination
as to the sufficiency of a petition shall be subject to court review
in the Circuit Court of St. Louis County 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. 1997]
When a referendum petition is properly
filed with the City Clerk, the ordinance sought to be reconsidered
shall be suspended from taking effect. Such suspension shall terminate
when:
[R.O. 1997]
(a)
Action By 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 this Charter, or reconsider the referred ordinance by
voting its repeal. If a proposed initiative ordinance is not adopted
without any change in substance within sixty (60) days or the referred
ordinance is not repealed within thirty (30) days after the date the
petition was finally determined sufficient, the proposed or referred
ordinance shall be submitted to the voters of the City. Council action
under this Subsection shall be subject to any otherwise applicable
super-majority requirements.
(b)
Public Hearing. Any initiative or referendum
relating to matters for which public hearings or other procedures
are required by law to have occurred before such laws shall take effect
shall continue to be subject to such hearings or procedures. Prior
to calling the election as required herein, the Council shall timely
hold such hearing, provide required notice, and take all other action
that may be required by law for such ordinance to become effective
if approved by the voters.
(c)
Submission To Voters. The vote of the City
on a proposed or referred ordinance shall be held not less than thirty
(30) days nor later than the next general municipal election date
after the expiration of the time periods set forth for Council action.
Copies of the proposed or referred ordinance shall be made available
at the polls.
[R.O. 1997]
When a recall petition has been certified
as sufficient by the City Clerk, the City Council shall at its next
meeting after receipt of such certification fix a date for holding
the election. The election shall be held at the next available general
municipal or special election date for which timely notice may be
given. 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.
[R.O. 1997]
An initiative, referendum or recall
petition may be withdrawn at any time prior to the deadline for certification
as prescribed by state law, by filing with the City Clerk a request
for withdrawal signed by at least four-fifths (4/5) of the members
of the petitioners' committee. Upon filing of such request, the petition
shall have no further force or effect and all proceedings thereon
shall be terminated.
[R.O. 1997]
(a)
Initiative. If a majority of the registered
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 other ordinances. 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. The initiative
question shall be submitted to the voters by a question stated in
a neutral form.
(b)
Referendum. If a majority of the registered
qualified voters on a referred ordinance vote against it, it shall
be considered repealed upon certification of the election results.
The referendum question shall be submitted to the voters in substantially
the following form:
|
Shall City of Wildwood Ordinance
#__________ be repealed?
|
(c)
Recall. If a majority of the registered
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 registered qualified voters voting
in such election shall vote against the recall, the elected officer
shall continue in office. Any 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.
The recall question shall be submitted to the voters in substantially
the following form:
|
Shall (Name)__________, (Title)__________
be removed from office?
|
