[§ 34, L.L. No. 4-1925; L.L. No. 21-1928; L.L. No. 28-1932]
Any ordinance or part of an ordinance
relating to public utility franchises adopted by the Council may be
suspended in its operation and its submission to the electors at a
general election required by petitions of the electors filed with
the City Clerk within 30 days after its adoption. The power so to
require the submission of an ordinance to the electors shall, for
the purposes of this local law, be designated "the referendum," ordinances
referred to the electors shall be designated "referred ordinances,"
and petitions requiring ordinances to be referred shall be designated
"referring petitions."
[§ 35, L.L. No. 4-1925]
Signatures to referring petitions
need not all be appended to one paper, but all such papers respecting
the same ordinance shall be uniform and each shall contain:
A. A descriptive title, which need not be
the legal title, of the ordinance or the part of an ordinance to be
referred to the electors.
B. A request that the Council adopt the necessary
resolution referring said ordinance or part of an ordinance to the
electors in accordance with the provisions of this local law.
C. The signatures and addresses of not fewer
than 10% of the voters who registered for the last preceding general
election. Each separate paper of a referring petition shall be signed
and attested and the completed petition shall be assembled and filed
as provided in this local law for initiating petitions.
[§ 36, L.L. No. 4-1925; § 1, L.L. No. 1-2006; § 4, L.L. No. 10-2009]
The City Clerk shall examine any
referring petition filed with him or her and shall transmit to the
Council, at a regular meeting held not later than 20 days from the
date of the filing of the petition, a certificate that he or she has
examined the petition and has found that it complies or does not comply,
as the case may be, with all the requirements of the preceding section.
If the petition has been found sufficient, the Council at the same
meeting, shall provide for the submission of the ordinance to the
electors at the next general election occurring not less than 15 days
after the date of the said meeting. The referred ordinance shall be
suspended in its operation from the date of the Clerk's certification
to the Council that a sufficient, referring not more than 10 nor less
than three days before the election there on, shall publish in an
official newspaper the complete text of the referred ordinance and
the title by which it will be designated on the ballot. Such title
and such ballot shall conform with the requirements for the title
and ballots of initiated ordinances. If a majority of the votes cast
are "For the ordinance" the ordinance shall be considered sustained.
If a majority of the votes cast are "Against the ordinance" the ordinance
shall be considered repealed. If so repealed all rights and privileges
conferred by the said ordinance shall be null and void but any such
ordinance so repealed shall be deemed sufficient authority for any
payments made or expense incurred by the City in accordance therewith
prior to the date of the Clerk's certification to the Council that
a sufficient referring petition has been filed. The Council may require
that the referred ordinance be voted upon at a special election held
not earlier than 45 days after the receipt of the referring petition
by the City Clerk. All such special elections shall be held in accordance
with a local law governing the same.
[§ 37, L.L. No. 4-1925; § 1, L.L. No. 1-2006]
The term of office of any Councilmember
may be terminated by a vote of the electors at the general municipal
election succeeding his or her election. Such removal of a Councilmember
prior to the expiration of his or her term shall be designated "the
recall;" elections held for this purpose shall be designated "recall
elections;" and petitions initiating such an election shall be designated
"recall petitions."
[§ 38, L.L. No. 4-1925; § 1, L.L. No. 1-2006]
Signatures to recall petitions need
not all be appended to one paper but all such papers for the recall
of the same Councilmember shall be uniform and each shall contain:
A. The name of the Councilmember it is proposed
to recall.
B. A brief statement of the reasons for the
recall.
C. The signatures and addresses of electors
as hereinafter required. Where the recall of a District Councilmember
is sought, the petition to be sufficient, must be signed by not less
than 15% of the electors who registered for the last preceding general
election in that district. Where the recall of a Councilmember-at-large
is sought the petition, to be sufficient, must be signed by not less
than 15% of the electors who registered for the last preceding general
election in the City. Each separate paper of a recall petition shall
be signed and attested and the completed petition shall be assembled
and filed as provided for initiating petitions. Recall petitions shall
be filed not later than 5:00 in the afternoon of the eighth Tuesday
preceding the primary election in an odd-numbered year. Separate recall
petitions shall be filed for each Councilmember whose removal is sought.
[§ 39, L.L. No. 4-1925; § 1, L.L. No. 1-2006]
The City Clerk shall examine any
recall petition filed with him or her and certify to the Council,
at a regular meeting held not later than 15 days from the date of
the filing of the petition, that he or she has examined the petition
and has found that it complies or does not comply, as the case may
be, with the requirements of the preceding section. If the petition
complies with the requirements aforesaid, the Clerk, on or before
the sixth Tuesday preceding the primary election, shall so certify
to the Board of Elections.
[§ 40, L.L. No. 4-1925; L.L. No. 4-1965; § 1, L.L. No. 1-2006]
The effect of the filing of a sufficient
recall petition is to require the name of the Councilmember, whose
recall is sought, to be placed on the ballot at the following general
municipal election. A candidate to oppose such Councilmember shall
be selected at the primarily election preceding the general municipal
election. In case the Councilmember whose recall is sought shall,
prior to the primary election, file with the Board of Elections a
notice that he or she declines to be a candidate at the recall election,
the names of the two candidates receiving the highest vote at the
primary election shall be placed on the ballot.
[§ 41, L.L. No. 4-1925; § 1, L.L. No. 1-2006]
At a recall election, the Councilmember
whose recall is sought shall have the status of a new candidate. The
candidate elected at any recall election shall take office on the
first day of January following and shall hold office for the remainder
of the unexpired term.