City of Wildwood, MO
St. Louis County
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Table of Contents
Table of Contents
(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the power to require reconsideration by the City Council of any ordinance and, if an ordinance so reconsidered is not repealed, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program, or any ordinance levying a special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.
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.
(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.
(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.
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:
1) 
there is a final determination of insufficiency of the petition, or
2) 
the petitioners' committee withdraws the petition, or
3) 
the City Council repeals the ordinance, or
4) 
the election results sustaining the ordinance have been certified.
(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.
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.
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.
(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?