In accordance with the procedures hereinafter
provided, the people of the municipality of Kingston reserve the power
to propose and enact or reject ordinances independent of the Council;
to approve or reject ordinances by referendum; and to recall any elective
municipal officer.
Initiative petitions may, except as otherwise
provided herein, propose ordinances on any subject. Such petitions
shall be signed by qualified electors equal in number to at least
twenty percent (20%) of the number of total votes cast for the office
of Mayor in the most recent election for Mayor in the municipality.
Each petition shall contain the full text of the measure and an enacting
clause which shall read as follows: "Be it enacted by the people of
the municipality of Kingston:". No signature contained in a petition
on initiative shall be valid unless affixed to the petition within
sixty (60) days prior to filing of the petition. The affirmative vote
of the majority of those voting on the proposed ordinance shall be
sufficient for its adoption, and upon certification by the County
Board of Elections the ordinance shall become effective.
Petitions signed by five hundred (500) qualified
electors and filed with the Municipal Administrator within ten (10)
days after the enactment of an ordinance shall serve to postpone for
forty (40) days the effective date of such ordinance. Within this
40-day postponement, petitions proposing a referendum on such ordinance
shall be signed and filed by qualified electors equal in number to
at least twenty percent (20%) of the number of total votes cast for
the office of Mayor in the most recent election for Mayor in the municipality.
Any ordinance duly referred to the people in this manner shall be
adopted only when approved by a majority of those voting on the referendum
and upon certification by the County Board of Elections shall become
effective.
Petitions demanding the recall of any elective municipal officer shall be signed by qualified electors equal in number to at least forty five percent (45%) of the number of total votes cast for the office of mayor in the most recent election for Mayor in the municipality. No signature contained in a petition on recall shall be valid unless affixed to the petition within ninety (90) days prior to filing of the petition. If the majority of the votes cast on the question are in favor of recall, the office shall become vacant immediately upon certification of the results by the County Board of Elections. Any vacancy created by recall shall be filled in accordance with Articles II and III of this Charter.
Initiative, referendum, and recall shall be
governed by the procedures and rules for form and sufficiency of petitions
set forth in this Article as well as other procedures and rules regarding
form and sufficiency of petitions as the Council may impose by ordinance
consistent with the provisions, spirit, and purpose of this Article.
All petitions shall be filed with the County Board of Elections which
shall be the judge of their sufficiency. Any duly proposed ordinance,
or any question of approving or rejecting an ordinance or any question
on recall, shall be submitted to the voters of the municipality at
the next primary, municipal, or general election held at least sixty
(60) days after the petitions are filed at the County Board of Elections.
Initiative and referendum powers shall not extend
to:
A.
The budget or capital program, or any ordinance relating
to the appropriation of money or levy of taxes. In addition, initiative
shall not extend to any ordinance relating to the salaries of municipal
officials or employees, and referendum shall not extend to emergency
ordinances.
B.
No recall petition shall be filed against any incumbent
of an elective office within the first year or the last year of the
term of his office, nor shall such petition be filed more than once
during his term of office; but an officer who has been re-elected
for a successive term shall be subject to recall at any time, but
not more than once, during such term.
Any ordinance adopted or approved by the voters
of the municipality under this Article may not be amended or repealed
within two (2) years of the effective date, except upon vote of the
electorate. Any ordinance repealed through referendum shall not be
re-enacted within two (2) years of the effective date of the repeal,
except through initiative procedures.
If two or more conflicting ordinances are approved
or adopted in the same election, Council shall, within sixty (60)
days, enact amendments or repeals or both as may be necessary to remove
the conflict between these two or more ordinances. In so doing, Council
shall whenever reasonably possible preserve the provisions of that
ordinance which, among those in conflict, was adopted or approved
by the greatest number of affirmative votes.
