The people shall have power to propose any ordinance of a legislative character, except ordinances appropriating money, authorizing the levy of taxes or amending the zoning ordinance, and to adopt or reject the same at the polls. Any initiated ordinance may be submitted to the Council by a petition containing the full text of the measure proposed and signed by registered voters of the City equal in number to at least twenty (20) percent of the votes cast for the office of Mayor in the last preceding regular municipal election.
The people shall have power to approve or reject any ordinance of a legislative character, except ordinances appropriating money, authorizing the levy of taxes, calling an election, or amending the zoning ordinance. Prior to the effective date, as provided in section 3.9 of the Charter, of any ordinance which is subject to the referendum, a petition containing the full title of such ordinance and signed by registered voters of the City equal in number to at least twenty (20) percent of the votes cast for the office of Mayor in the last preceding regular municipal election may be filed with the City Clerk, requesting that such ordinance be either repealed or submitted to a vote of the registered voters of the City.
Any elected City officer may be removed by the registered voters qualified to vote for his successor; provided that no person shall be subject to recall within four (4) months after his induction into office, nor during the last four (4) months of his term, and if retained in office upon any recall election, he shall not be again subject to recall within six (6) months after such recall election. A petition requesting the removal of such officer shall be signed by registered voters equal in number to at least twenty (20) percent of the registered voters qualified to vote for the position at the time of the last preceding regular municipal election for said position.
The signatures to an initiative, referendum or recall petition need not be appended to one (1) paper, but all papers comprising the petition shall be uniform in character and shall be filed with the City Clerk as one (1) instrument. Each signer of a petition shall state his address opposite his signature. Attached to each separate paper of the petition, there shall be an affidavit of the circulator thereof, stating that each signature appended thereto was made in his presence and is the genuine signature of the person it purports to be.
Within ten (10) days after a petition is filed, the Board of Election Commissioners shall determine its sufficiency and certify the result thereof to the Council. If the petition is certified as insufficient, the certification shall specify the grounds thereof, and a copy of such certification shall be mailed to the person filing such petition. An initiative, referendum or recall petition may be amended within ten (10) days after notification of insufficiency has been mailed by filing a supplementary petition executed as provided in the case of an original petition, provided however that supplementary referendum petitions shall be filed prior to the effective date of the ordinance sought to be referred. Within ten (10) days after such amended petition is filed, the Board of Election Commissioners shall determine its sufficiency and certify the result thereof to the Council. If the amended petition is certified as insufficient, no further action shall be had thereon.
When an initiative or referendum petition has been certified as sufficient by the Board of Election Commissioners, the Council shall proceed to consider the initiative proposal or referred ordinance. If the ordinance proposed is not adopted or the ordinance referred is not repealed within thirty (30) days after certification, the Council shall call a special election to be held within ninety (90) days after certification, unless a general election is to be held within such period in which case the proposition shall be submitted at said general election.
The ballot title of any measure to be submitted to the registered voters of the City in accordance with the initiative and referendum provisions of this Charter shall be prepared by the City Attorney. It shall be a concise and impartial statement, descriptive of the substance of the proposal. The ballot title shall appear under the designation, "Referendum by Petition" or "Proposed by Initiative Petition" as applicable. Below the ballot title, there shall be the following words, one above the other in the order indicated, "For the Ordinance" and "Against the Ordinance," with squares opposite each such phrase in which the voter may signify his preference. If voting machines are used, they shall provide substantially the same form as herein designated.
Any number of initiated or referred proposals may be submitted on the same ballot, but they shall be arranged in the order in which the petitions therefor were filed.
If a majority of the registered voters voting on an initiated or referred measure vote in favor thereof, it shall thereupon become an ordinance of the City and shall take effect immediately. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail.
No election under the initiative or referendum procedure shall be set aside because of any defect in the petition.
When a recall petition has been certified to the Council as sufficient by the Board of Election Commissioners, the Council shall call an election to be held no less than thirty (30) nor more than forty-five (45) days thereafter. A recall proceeding shall be discontinued if the office becomes vacant.
The ballot shall be in the following form:
SHALL (Name and Title) BE REMOVED FROM OFFICE?
□
YES
□
NO
Voters in favor of removal place a cross (X) in the square opposite the word "Yes."
Voters opposed to removal place a cross (X) in the square opposite the word "No."
If voting machines are used, they shall provide substantially the same form as herein designated.
If a majority of the registered voters voting in a recall election vote in favor of the recall, the office shall be deemed vacant immediately. No person who has been recalled from an office, or who has resigned from office while recall proceedings were pending against him, may hold any office or position of employment in the City government within two (2) years after his recall or resignation.
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.