(a)
Initiative. The registered voters of the city shall have power to
propose ordinances to the council and, if the council fails to adopt
an ordinance so proposed without any change in substance, the registered
voters shall have the power to adopt or reject the proposed ordinance
at an election. The initiative power shall not extend to any ordinance
relating to zoning, salaries of city officers or employees, or requiring
any appropriation of money unless such ordinance provides for additional
revenues therefor. 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 council of any adopted ordinance and,
if the council fails to repeal an ordinance so reconsidered, the registered
voters shall have the power to approve or reject it at an election.
The referendum power shall not extend to any emergency ordinance,
any ordinance levying a special assessment or providing for the issuance
of special tax bills, or any ordinance appropriating money or levying
taxes.
(c)
Recall.
(i)
Any elected official may be removed by the registered voters.
No elected official shall be subject to recall within six months after
induction into office nor during the last six months of the official's
term. If the elected official is retained in office upon any recall
election, the official shall not be subject to recall within six months
after such recall election.
(ii)
The recall question shall be submitted to the voters in substantially
the following form:
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Shall
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Name
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Title
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be removed from office?
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Yes
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No
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Any ten registered 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. The affidavit
shall also contain the following information which may be in separate
documents attached to the affidavit and incorporated by reference:
(i)
The names and addresses of each committee member.
(ii)
The address to which all notices to the committee should be
sent.
(iii)
The ordinance, in full, which the committee desires to be adopted
or reconsidered, or the name and office of the official sought to
be recalled.
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The City Clerk shall issue the appropriate petition blanks to
the petitioners' committee promptly after its affidavit is filed.
At such time the City Clerk shall also furnish the committee in writing
the total number of persons registered to vote at the last regular
city election.
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(a)
Number of signatures.
(i)
Initiative. Initiative petitions must be signed by a number
of registered voters equal to at least 5% of the total number of persons
registered to vote at the last regular city election.
(ii)
Referendum. Referendum petitions must be signed by a number
of registered voters equal to at least 10% of the total number of
persons registered to vote at the last regular city election.
(iii)
Recall. Recall petitions must be signed by a number of registered
voters equal to at least 15% of the total number of persons 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 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 sought to be reconsidered, or the name and office of the official
for whom recall is sought.
(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 such circulator personally circulated the paper, the number of
signatures thereon, that all the signatures were affixed in the presence
of such circulator, 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.
(d)
Time for filing referendum petitions. Referendum petitions must be
filed within 30 days after adoption by the council of the ordinance
sought to be reconsidered.
(a)
Certificate of City Clerk; amendment. Within twenty days after a petition with the apparent number of required signatures is filed, the City Clerk 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 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 clerk within two days after receiving the copy of such certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 8.3, and within five days after it is filed the City Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of 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 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 timely filed with the City Clerk,
the ordinance sought to be reconsidered shall be suspended from taking
effect. Such suspension shall terminate when:
(a)
Action by council. When an initiative or referendum petition has been determined sufficient, the 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 council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally 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 30 days and not later than 120
days from the date of the final council vote thereon. If no regular
city election is to be held within the period prescribed in this subsection,
the council shall provide for a special election; otherwise, the vote
shall be held at the same time as such regular election, except that
the council may in its discretion provide for a special election at
an earlier date within the prescribed period. Copies of the proposed
or referred ordinance shall be made available at the polls.
When a recall petition has been certified to the city council
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 regular
or special election date for which timely notice may be given.
An initiative, referendum, or recall petition may be withdrawn
at any time prior to the fifteenth day preceding the day scheduled
for a vote of the city, by filing with the City Clerk a request for
withdrawal signed by at least eight 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.
(a)
Initiative. If a majority of the electors voting on a proposed initiative
ordinance vote in its favor, it shall be deemed adopted. If conflicting
ordinances are approved at the same election, the one receiving the
greatest number of affirmative votes shall prevail.
(b)
Referendum. If a majority of the electors voting on a referred ordinance
vote to repeal the ordinance, it shall be deemed repealed.
(c)
Recall. If a majority of the electors voting at a recall election
shall vote in favor of the proposition to remove an official, a vacancy
shall exist in the office and such vacancy shall be filled as provided
by the charter. If a majority of the electors voting at a recall election
shall vote against the proposition to remove an official, the official
shall remain in office. An official who has been removed from office
by recall shall be ineligible to serve as an appointed official at
any time during the remainder of the term for which the official was
elected.
