The qualified voters of the City of Augusta shall have the power
of initiative to propose ordinances, orders and resolves and the power
of referendum to repeal ordinances, orders and resolves adopted by
the City Council as set forth in this article in regard to its municipal
affairs.
(Amendment of 11-3-1998; Amendment of 11-4-2008)
No initiative or referendum dealing with appropriations, tax
levy or terms and conditions of employment for City employees shall
be allowed pursuant to the initiative and referendum provisions contained
in this article.
A referendum to repeal an order authorizing the City to enter
into a contract may only occur one time. The initiative process may
not be used when it has the effect of repealing a Council Order authorizing
a contract or impairs the City's obligation of contract.
The Council may stay the effect of any ordinance, order, or
resolve which is the subject of referendum by majority vote at any
time during the referendum process.
(Amendment of 11-4-2008)
The Council shall, by ordinance, make such further regulations
as may be necessary to carry out the provisions of this article.
(Amendment of 11-4-2008)
All ordinances, orders or resolves or parts thereof which are
hereafter repealed by referendum shall remain in force for all past
violations of them and for the recovery of the penalties and forfeitures
already incurred and for the preservation of all rights and remedies
existing by them, and, so far as they apply, to any office, trust,
proceeding, right, contract or event already effected by them.
(Amendment of 11-4-2008)
The Council shall approve application and petition forms for
initiative and referendum. Such forms will be made available at the
City Clerk's Office.
(Amendment of 11-4-2008)
(a)
The process of initiative or referendum is commenced by the presentation
of an application in the manner herein provided.
(b)
Any 10 qualified voters of the City may originate an application
for initiative or referendum by signing such application at the office
and in the presence of the City Clerk.
(c)
Whenever requested by 10 such qualified voters, the City Clerk shall
prepare the proper application with a copy of the ordinance, order
or resolve to be submitted attached thereto and upon its being signed
by the 10 voters, the City Clerk shall file the application with the
signatures of the 10 qualified voters. An application for referendum
must be filed within 60 days of the passage of an ordinance, order
or resolve enacted after November 15, 2008.
(d)
The Clerk shall, within two business days of receipt of the application,
deliver the application to Corporation Counsel. Corporation Counsel
shall, within 10 business days, prepare a written opinion as to whether
the proposed ordinance, order, or resolve is in conflict with the
Constitution, statutes or regulations of the United States, or the
Constitution, statutes or rules of the State of Maine or the Charter
of the City of Augusta. In addition to providing the legal opinion,
Corporation Counsel shall identify any ambiguity or lack of clarity
in the question. During the ten-day period following the issuance
of the opinion, Corporation Counsel will work with the petitioners
to attempt to resolve any illegalities and to clarify the question.
The petitioners are not obligated to agree to proposed amendments
suggested by Corporation Counsel. Following the ten-day period, if
it is Corporation Counsel's opinion that the petition is in conflict
with the Constitution, statutes or regulations of the United States,
or the Constitution, statutes or rules of the State of Maine or the
Charter of the City of Augusta, the City Council shall, at its next
business meeting, vote on whether to accept Corporation Counsel's
opinion. If the Council agrees with Corporation Counsel's opinion
that the question is illegal, the process terminates. Within two business
days of receipt of Corporation Counsel's opinion that the question
is legal or the City Council vote determining the question is legal,
the City Clerk shall cause to be printed, at the expense of petitioners,
an adequate supply of petitions. Said petitions must be picked up
at the City Clerk's office within 10 business days. In the event said
petitions are not picked up from the City Clerk's office within said
10 business days, the process terminates as to the requested initiative
and referendum question.
(e)
The petitioners shall have 75 days to return the petition to the
City Clerk. If the 75th day is a Saturday, Sunday or legal holiday,
the deadline is extended to the next business day. Upon receipt, the
Clerk shall, within 10 days, check each signature against the voting
list and certify to the Council that the number of verified signatures
to the petition totals 20% or more of the total votes cast for Governor
by the voters of the City at the last state gubernatorial election.
If the total number of verified signatures totals less than the required
20%, the initiative or referendum process shall terminate and the
Council and petitioners will be so advised by the Clerk. Upon certification
by the Clerk that the requisite number of verified signatures was
obtained, the Council shall at its next business meeting order that
the question proposed in the petition be submitted to the voters of
the City and, in the case of a referendum, the ordinance, order or
resolve shall be stayed until the election process has been completed.
For a referendum, the election shall be held on the first Tuesday
following the expiration of 60 days from the date of the Council Order,
unless a municipal election is already scheduled within 120 days,
in which case the referendum election will occur at the scheduled
election. For an initiative, the election shall occur at the next
regular or special municipal election.
(f)
In the case of a referendum, the entire repeal of the ordinance,
order or resolve sought to be referred and in case of the initiative
the passage by the Council of the desired ordinance, order or resolve
shall put an end to all proceedings under such petition process.
(Amendment of 11-4-2008)
The Council may submit on its own initiative a proposition for
the enactment or repeal of any ordinance, order or resolve to be voted
upon at a regular or special municipal election. The Council may propose
an alternative ordinance, order or resolve which shall be voted on
at the same municipal election as a certified pending initiative or
referendum question.
(Amendment of 11-4-2008)
The ballots used in an initiative shall set forth the title
thereof in full and state the words: "In favor of the adoption of
the ordinance, order or resolve, yes or no." For ballots used in a
referendum, the ballot shall set forth the title thereof in full and
state the words: "In favor of repealing the ordinance, order or resolve,
yes or no."
Whenever any ordinance, order or resolve is required by the
provisions of this article to be submitted to the voters of the City,
two publications of the complete text thereof shall be made in one
daily newspaper published in the City. Such publication shall be made
not less than seven days nor more than 15 days prior to the election.
(Amendment of 11-4-2008)
If two or more ordinances, orders, resolves or questions are
submitted at the same election, they shall be placed upon the ballot
in the order of the priority of the filing of the application and
shall be given precedence upon the ballot over any and all questions
submitted by the Council on its initiative.
If two or more ordinances, orders or resolves are on the ballot
at the same election which contain conflicting provisions, the ordinance,
order or resolve receiving the highest number of votes at such election
shall be paramount and all questions of construction shall be determined
accordingly.
Any number of proposed referred ordinances, orders or resolves
may be voted upon at the same election.
(Amendment of 11-4-2008)
If a majority of the qualified voters vote in favor thereof,
such ordinance, order, or resolve shall take effect or be repealed
upon the Council certification of the official canvass of the return
of the election which shall occur at the Council's next business meeting.
If the total number of votes cast for and against at the election
does not equal or exceed 20% of the total votes for all candidates
for Governor cast in the City at the last previous gubernatorial election,
the vote shall have no effect.
(Amendment of 11-4-2008)
If a referendum or initiative fails at an election, a new process
for referendum or initiative involving the same question or one having
the same effect may not commence for one year from the date of the
election.
(Amendment of 11-4-2008)
After two years from the date of the election, the Council may
enact an ordinance, order or resolve repealed by referendum or amend
or repeal an ordinance, order or resolve enacted by initiative by
affirmative vote of six members, one of them whom may be the Mayor.
(Amendment of 11-4-2008)
