[R.O. 1996 § C-9.1; Ord. No. 4812, 4-15-2019, adopting
amendments approved at election 4-2-2019]
A.
Initiative. The registered voters of the
City shall have power to propose ordinances to the City Council and,
if the City 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 registered voters of the
City shall have power to require reconsideration by the City Council
of any adopted ordinance and, if the City 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 registered voters qualified to vote for
their successor 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 their induction into office or
during the last six (6) months of their term; and 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. 1996 § C-9.2]
Any five (5) registered qualified
voters may commence initiative, referendum or recall proceedings 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 sought to be reconsidered, or specifying the
name of the elected official to be recalled.
No more than three (3) working days
after the affidavit of the petitioners' committee is filed, the City
Clerk shall issue the appropriate petition blanks to the petitioners'
committee.
[R.O. 1996 § C-9.3; Ord. No. 4812, 4-15-2019, adopting
amendments approved at election 4-2-2019]
A.
Number Of Signatures. Initiative and referendum
petitions must be signed by registered qualified voters of the City
equal in number to at least eight percent (8%) of the total number
of registered qualified voters registered to vote at the last regular
City election. A recall petition shall be signed by registered qualified
voters qualified to vote for their successor equal to at least twelve
percent (12%) of the total number of registered, qualified 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 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 or reconsidered. Recall petitions
shall state the name and office of the elected official sought to
be recalled. 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 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 or sought to be reconsidered.
[R.O. 1996 § C-9.4]
Referendum petitions must be filed
within sixty (60) calendar days after adoption by the City Council
of the ordinance sought to be reconsidered.
Initiative and recall petitions must
be filed within sixty (60) calendar days of the issuance of the appropriate
petition forms to the petitioner's committee.
[R.O. 1996 § C-9.5]
A.
Certificate Of City Clerk — Amendment. Within twenty (20) calendar days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioner's committee files a notice of intention to amend it with the City Clerk within three (3) working days after receiving the copy of this certificate and files a supplementary petition upon additional papers within ten (10) calendar days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Subsections (B) and (C) of Section 9.3, and within five (5) working days after it is filed, the City Clerk shall complete a certificate as to the sufficiency of the petitions as amended and promptly send a copy of such certificate to the petitioner's 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 within the time required, the City Clerk shall promptly present this certificate to the City Council, and the certificate shall then be a final determination as to the sufficiency of the petition.
B.
Court Review — New Petition. A final
determination as to the sufficiency of a petition shall be subject
to court review 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. 1996 § C-9.6]
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:
[R.O. 1996 § C-9.7]
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 Article III or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City.
B.
Submission To Voters. The vote of the City
on a proposed or referred ordinance shall be held not less than thirty
(30) days and not later than the next legally available election as
prescribed by State law.
[R.O. 1996 § C-9.8]
An initiative, referendum or recall
petition may be withdrawn at any time prior to 5:00 P.M. on the final
day for withdrawal, as prescribed by State law, by filing with the
City Clerk a request for withdrawal signed by at least four (4) 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.
[R.O. 1996 § C-9.9]
A.
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, not less
than thirty (30) days thereafter, or at the next legally available
election. 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.
B.
Recall Ballot. The recall question shall
be submitted to the voters in substantially the following form:
|
Shall
|
Name
|
|
Title
| |
|
|
|
|
be removed from office?
| |
|
Yes_____
|
No_____
|
[R.O. 1996 § C-9.10]
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 ordinances of the same kind adopted by the City 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 registered
qualified voters 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 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 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 official was originally elected.
[R.O. 1996 § C-9.11]
Notice of initiative, referendum
and recall elections shall be given, the elections conducted, the
returns canvassed, and the results declared, in all respects as in
other City elections.
