The qualified voters of the city shall have power to propose
any ordinance except an ordinance appropriating money or levying taxes
or an ordinance repealing or amending such an ordinance, and to adopt
or reject the same at the polls, such power being known as the initiative.
The qualified voters of the city shall have power to approve
or reject at the polls any ordinance passed by the council or submitted
by the council to a vote of the qualified voters, except ordinances
appropriating money, levying taxes, authorizing the issuance of tax
or revenue bonds which have already been approved by the qualified
voters, whether original or refunding, and ordinances repealing or
amending such ordinances, such power being known as the referendum.
Ordinances submitted to the council by initiative petition and passed
by the council without change shall be subject to the referendum in
the same manner as other ordinances passed by the council.
The qualified voters of the city shall have power to remove
the mayor or any other councilman by recall.
For every initiative, referendum, or recall petition, there
shall be a committee of petitioners, which shall be composed of five
qualified voters of the city. The committee shall be regarded as responsible
for the circulation and filing of the petition. The names and addresses
of the committee members shall appear on the petition.
(a) An initiative
petition shall contain the full text of the proposed ordinance and
a request that the council either pass the ordinance or refer it to
a vote of the qualified voters of the city.
(b) A referendum
petition shall contain at least the full descriptive caption or title
of the ordinance and its date of passage by the council or the full
text of the ordinance, and a request that the council either repeal
the ordinance or refer it to a vote of the qualified voters of the
city.
(c) A recall
petition shall contain the name of the officer whose recall is sought
and a demand that he be recalled from office, and a statement of the
reasons for recall.
(d) The signatures
to an initiative, referendum, or recall petition need not all be appended
to one paper. Each signer of a petition paper shall sign his name
in ink or indelible pencil and shall indicate after his name his place
of residence by street and number or other description sufficient
to identify the place.
(e) Every
circulator of a petition paper shall be a qualified voter of the city.
There shall be attached to each separate petition paper an affidavit
of the circulator thereof that he personally circulated the foregoing
paper, that it bears a stated number of signatures, that all signatures
appended thereto were made in his presence, and that he believes them
to be the genuine signatures of the persons whose names they purport
to be.
(a) Before
any initiative, referendum, or recall petition is circulated for signatures,
one of the petition papers shall be filed with the city secretary
by the committee of petitioners. Before the paper is filed, the five
members of the committee must have signed the paper somewhere on the
margin thereof to indicate their responsibility as a committee of
petitioners.
(b) Every
initiative or recall petition must be circulated and filed with the
city secretary with the required number of signatures within thirty
days after the filing of the petition paper with the city secretary;
and every referendum petition must be circulated and filed with the
city secretary with the required number of signatures within thirty
days after final passage of the ordinance sought to be referred.
(c) All petition
papers comprising an initiative, referendum, or recall petition shall
be assembled and filed with the city secretary as one instrument.
(d) Every
initiative or referendum petition must be signed by qualified voters
of the city equal in number to at least twenty-five (25) percent of
the total number of votes cast at the last regular municipal election
or 250, whichever is greater.
(e) Every
recall petition must be signed by qualified voters of the city equal
in number to at least thirty-five (35) percent of the total number
of votes cast at the last regular municipal election or 300, whichever
is greater.
(a) Within
thirty days after an initiative, referendum, or recall petition is
filed with the city secretary, the city secretary shall examine it
and determine whether the petition is sufficient. A petition shall
be sufficient if it has been duly signed by the required number of
qualified voters of the city and is otherwise in compliance with this
charter and any ordinances relating to the initiative, referendum,
or recall, as the case may be. The city secretary shall declare any
petition paper entirely invalid which does not have attached thereto
the required affidavit signed by the circulator thereof. If a petition
paper is found to be signed by more persons than the number of signatures
certified by the circulator, the last signatures in excess of the
number certified shall be disregarded. If a petition paper is found
to be signed by fewer persons than the number certified, the signatures
shall be accepted unless void on other grounds.
(b) After
completing his examination of the petition, the city secretary shall
certify the result thereof to the council at its next regular meeting.
If he certifies that the petition is insufficient, he shall set forth
in his certificate the particulars in which it is defective, and shall
immediately by mail notify the committee of petitioners of his findings.
An initiative, referendum, or recall petition may be amended
at any time within ten days after the notification of insufficiency
has been sent by the city secretary to the committee of petitioners,
by filing a supplementary petition upon additional papers signed and
filed as provided in case of the original petition. The city secretary
shall, within ten days after such an amendment is filed, examine the
amended petition and determine whether it is sufficient, and certify
the result thereof to the council at its next regular meeting. If
the petition is still insufficient, he shall by mail notify the committee
of petitioners of his findings; and no further action shall be had
on such insufficient petition. The finding of the insufficiency of
a petition shall not prejudice the filing of a new petition for the
same purpose.
When a referendum petition has been certified as sufficient
by the city secretary, the ordinance specified in the petition shall
not go into effect, or, if it has already gone into effect, further
action thereunder shall be suspended until and unless approved by
the qualified voters as hereinafter provided.
(a) Whenever
the council receives an initiative or referendum petition certified
by the city secretary to be sufficient, it shall proceed at once to
consider such petition.
(b) A proposed
initiative ordinance shall be read and provision shall be made for
a public hearing upon the proposed ordinance. The council shall take
final action on the ordinance not later than sixty days after the
date on which such ordinance was submitted to the council by the city
secretary.
(c) A referendum
ordinance shall be reconsidered by the council, and its final vote
upon such reconsideration shall be upon the question whether the ordinance
specified in the referendum petition shall be repealed.
(d) If the
council fails to pass an ordinance proposed by initiative petition,
or passes it in a form different from that set forth in the petition
therefor, or if the council fails to repeal a referendum ordinance,
then the council shall submit the initiative or referendum ordinance
to the qualified voters at an election not less than thirty days nor
more than sixty days from the date the council takes its final vote
thereon. The council may, in its discretion, and if no regular municipal
election is to be held within such period, shall, call a special election
for the purpose to be held within such period.
Ordinances submitted to vote of the qualified voters in accordance
with the initiative and referendum provisions of this charter shall
be submitted by ballot title, which shall be prepared in all cases
by the city attorney. The ballot title may be different from the legal
title of such initiative or referendum ordinance, and shall be a clear,
concise statement, without argument or prejudice, descriptive of the
substance of such ordinance. Below the ballot title, the following
propositions shall appear in the order indicated: “FOR THE ORDINANCE”
and “AGAINST THE ORDINANCE.” Any number of ordinances
may be voted on at the same election and may be submitted on the same
ballot, but any paper ballot used for voting thereon shall be for
that purpose only. The voter shall be given an opportunity to vote
for either of the two propositions and thereby to vote for or against
the ordinance.
If a majority of the qualified voters voting on a proposed initiative
ordinance vote in favor thereof, it shall thereupon be adopted and
be an ordinance of the city. A referendum ordinance which is not approved
by a majority of the qualified voters voting thereon, shall thereupon
be repealed. If conflicting ordinances are adopted or approved by
the voters at the same election, the one receiving the greatest number
of affirmative votes shall prevail to the extent of such conflict.
Initiative and referendum ordinances adopted or approved by
the qualified voters shall be published, and may be amended or repealed
by the council, as in the case of other ordinances.
In the case of a recall petition certified to the council as
sufficient by the city secretary, if the officer whose removal is
sought does not resign within five days after the council receives
the petition and certificate of the city secretary, the council shall
thereupon submit the question of removing the officer to the qualified
voters at an election not less than thirty days nor more than sixty
days after the council received the petition and certificate. The
council shall submit the question at a regular municipal election
if one is to be held during such period, but, if not, the council
shall call a special election for the purpose to be held within such
period. If the officer sought to be recalled resigns at any time before
the day of the recall election, the council by ordinance may cancel
the recall election.
Ballots used at recall elections shall conform to the following
requirements:
(1) With
respect to each officer whose removal is sought, the question shall
be submitted “Shall (name of person) be removed from the office
of (mayor or councilman) by recall?”
(2) Immediately
below each such question, the following propositions shall be printed
in the order indicated: “FOR THE RECALL OF (NAME OF PERSON)”
and “AGAINST THE RECALL OF (NAME OF PERSON).”
(a) If a
majority of the votes cast on the question of recall are for the recall
of the officer named on the ballot, he shall, regardless of any technical
defects in the recall petition, be removed from office, and the vacancy
shall be filled as other such vacancies are filled. Otherwise, the
officer named on the ballot shall continue in office for the remainder
of his term.
(b) A person
thus removed from office by recall or who has resigned from such office
while recall proceedings were pending against him, shall not hold
any office or position of employment in the city government for a
period of two years after his removal or resignation.
Recall proceedings shall not be begun against an officer within
six months after he takes office. No officer shall be subjected to
more than one recall election during a term of office. No recall election
shall be held if the term of office of the officer sought to be recalled
will expire within ninety (90) days after the petition with signatures
is filed with the city secretary.