(a)
Initiative. The qualified voters of the City shall have the
power to propose ordinances to the City Council and, if the Council
fails to adopt an ordinance so proposed without any change in substance,
the qualified voters shall have the power to adopt or reject it at
a municipal election, provided that such power shall not extend to
the budget or capital program, any ordinance relating to the levy
of taxes, zoning or salaries of City employees, or any ordinance relating
to any appropriation of money unless such ordinance provides for additional
revenues therefor. The term "City employees" in this Section shall
not include elected officials. A proposed initiative ordinance shall
contain only one (1) subject, which shall be clearly expressed in
its title.
(b)
Referendum. The qualified voters of the City shall have the
power to require reconsideration by the Council of any adopted ordinance
and, if the Council fails to repeal an ordinance so reconsidered,
the qualified voters shall have the power to approve or reject it
at a municipal election, provided that such power shall not extend
to the budget or capital program, any emergency ordinance, any zoning
or land use issues, or any ordinance levying a special assessment
or providing for the issuance of special tax bills, appropriation
of money, levy of taxes or salaries of City employees. The term "City
employees" in this Section shall not include elected officials.
(c)
Recall. Any elected official, whether popularly elected or appointed,
may be removed by qualified voters. No elected official shall be subject
to recall within six (6) months after induction into office nor during
the last six (6) months of the official's term. If the elected official
is retained in office upon any recall election, the official shall
not be again subject to recall during the same term of office. The
recall question shall be submitted to the voters in substantially
the following form:
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Shall (Name)
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(Title of Office)
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be removed from office?
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Yes _____ No _____
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(d)
Initiative, referendum and recall elections shall be held at
the next available regular or special election date as established
by the Missouri election calendar in accordance with State law, for
which timely notice may be given.
Any five (5) 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 and title of office of the elected
official to be recalled. Not more than five (5) business days after
the affidavit of the petitioners' committee is filed, the City Clerk
shall issue the appropriate petition blanks to the petitioners' committee.
(Ord. No. 28045 Question 8, 5-19-08; Ord. No. 28083 Question
8, 8-25-08)
(a)
Number of Signatures.
(1)
Initiative. An initiative petition shall be signed by qualified
voters of the City equal in number to at least ten percent (10%) of
the total number of qualified voters registered to vote at the last
regular municipal election.
(2)
Referendum. A referendum petition shall be signed by qualified
voters of the City equal in number to at least fifteen percent (15%)
of the total number of qualified voters registered to vote at the
last regular municipal election.
(3)
Recall. A recall petition shall be signed by at least thirty
percent (30%) of the total number of qualified voters registered to
vote for that office at the last regular election for that office.
(b)
Form and Content. All papers or a petition shall be uniform
in size and style and shall be assembled as one (1) instrument for
filing. Each signature shall be executed in ink or indelible pencil
and shall be followed by their voter registration address and date
of the person signing. Initiative and referendum petitions shall contain
or have attached thereto throughout their circulation the full text
of the ordinance proposed or sought to be reconsidered. A recall petition
shall state the name and title of 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. When filed, each paper of a petition
shall have attached to it 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.
A petition circulator need not be a member of the petitioners' committee,
but shall be a qualified voter.
(d)
Time for Filing Petitions.
(1)
Initiative. An initiative petition shall be filed within ninety
(90) calendar days of the issuance of the appropriate petition forms
to the petitioners' committee.
(2)
Referendum. A referendum petition shall be filed within forty-five
(45) calendar days after adoption by the Council of the ordinance
sought to be reconsidered.
(3)
Recall. A recall petition shall be filed within sixty (60) calendar
days of the issuance of the appropriate petition forms to the petitioners'
committee.
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(Ord. No. 99040 Prop. 6, 8-23-99; Ord. No. 99065 Prop. 6, 11-8-99;
Ord. No. 2017-078, Question 15, 11-27-17)
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(a)
Certificate of City Clerk—Amendment. Within thirty (30) calendar days after the petition is filed, the City Clerk shall complete a certificate to the petition's sufficiency, specifying, if its insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the City Clerk within two (2) business days after receiving the copy of the City Clerk's certificate and files a supplement to the petition within ten (10) calendar days after receiving the copy of such certificate. Such supplement to the petition shall comply with the requirements of Subsection (b) and (c) of Section 10.3, and within ten (10) business 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 or amended petition is certified insufficient and the petitioners' committee does not amend within the time required, the City Clerk shall promptly present the City Clerk's certificate to the Council, and the Certificate then shall 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. A
final determination of insufficiency, even if sustained upon court
review, shall not prejudice the filing of a new petition for the same
purpose.
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(Ord. No. 28045 Question 8, 5-19-08; Ord. No. 28083 Question
8, 8-25-08; Ord. No. 2017-078, Question 15, 11-27-17)
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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:
(a)
Initiative and Referendum—Council Action. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided in Section 3.13, 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 sixty (60) calendar days, or fails to repeal the referred ordinance within thirty (30) calendar days after the date the petition was finally determined sufficient, it shall, at the next meeting of the Council thereafter, fix a date for holding the election to submit the proposed or referred ordinance to the voters of the City.
(b)
Initiative and Referendum—Submission to Voters. The vote
on a proposed or referred ordinance shall be held not less than ninety
(90) calendar days from the date the petition was finally determined
sufficient and not later than the next available regular or special
election date as established by the Missouri election calendar in
accordance with State law, for which timely notice may be given. Copies
of the proposed or referred ordinance shall be made available at the
polls.
(c)
Recall. When a recall petition has been certified to the Council
as sufficient by the City Clerk, the 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 as established by the Missouri election calendar in
accordance with State law, for which timely notice may be given. Failure
to do so shall be considered a violation of the Charter legal sanctions
may be imposed.
(d)
Withdrawal of Petitions. An initiative, referendum or recall
petition may be withdrawn at any time prior to 5:00 P.M. on the final
day for certification, 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 requests,
the petition shall have no further force or effect and all proceedings
thereon shall be terminated.
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(Ord. No. 99040 Prop. 7, 8-23-99; Ord. No. 99065 Prop. 7, 11-8-99;
Ord. No. 28045 Question 9, 5-19-08; Ord. No. 28083 Question 9, 8-25-08)
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(a)
Initiative. If a majority of the qualified electors 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 Council and approved by the Mayor. 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 qualified electors voting on
a referred ordinance vote to repeal it, it shall be considered repealed
upon certification of the election results.
(c)
Recall. If a majority of the qualified 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 this Charter. If a majority of the qualified
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
be appointed to serve as a City Official in any capacity at any time
during the remainder of the term for which the official was elected.
