The following shall be subject to overrule by referendum as
follows:
(a)
All ordinances.
(b)
Orders or resolves appropriating $100,000 or more for a single capital
improvement or expenditure.
(c)
Orders or resolves authorizing bond issues of $100,000 or more for
capital improvements or expenditures.
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If within 30 days after the enactment of any such ordinance,
order or resolve a petition signed by not less than 10% of the registered
voters of the Town of Cumberland is filed with the Town Clerk requesting
its reference to a referendum, the Council shall call a public hearing
to be held within 30 days from the date of the filing of such petition
with the Town Clerk and shall, within 14 days after said public hearing,
call a special Town election for the purpose of submitting to a referendum
vote the question of adopting such ordinance, order or resolve. Pending
action by the voters of the Town, the referred ordinance, order or
resolve shall be suspended from going into operation until it has
received a vote of the majority of the voters voting on said question.
The question for any overrule referendum shall be phrased in such
a manner that a "yes" vote would support the Council's action
and a "no" vote would overrule it.
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These provisions shall apply whether or not payment for a capital
improvement or a single expenditure is to be made in more than one
fiscal year.
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No less than 10% of the registered voters of the Town may at
any time petition for the enactment of any proposed lawful ordinance
by filing such petition, including the complete text of such ordinance,
with the Town Clerk. The Council shall call a public hearing to be
held within 30 days from the date of the filing of such petition with
the Town Clerk and shall, within 30 days after said public hearing,
call a special Town election for the purpose of submitting to a referendum
vote the question of adopting such ordinance, unless prior to the
call for said Town election such ordinance shall be enacted by the
Council. Such ordinance shall take effect on the 10th day after the
conclusion of such referendum, provided a majority of those voting
thereon shall have voted in the affirmative.
Any such proposed ordinance shall be examined by the Town Attorney
before being submitted to referendum. The Town Attorney is authorized
to correct the form of such proposed ordinance for the purpose of
avoiding repetitions, illegalities and unconstitutional provisions
and to ensure accuracy in its text and references and clearness and
preciseness in its phraseology, but he shall not materially change
its meaning and effect.
The form of the ballot for the proposed ordinance, or repeal
of such ordinance, order or resolve, shall be substantially as follows:
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"Shall the proposed ordinance, order or resolve be adopted?"
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YES
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NO
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OR
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YES
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NO
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(The voters shall indicate their options by a cross or check
mark placed in the box under the word "YES" or "NO" or by completing
the arrow next to the word "YES" or "NO.")
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The Council shall not reenact ordinances, orders, or resolves
rejected by voters at referendum elections for a period of at least
one year. The Council shall not modify or abolish ordinances adopted
by voters at initiative elections for a period of at least one year.
Upon written request from one or more qualified voters of the
Town, the Town Clerk shall issue appropriate petition blanks for the
commencement of proceedings to recall a Town Councilor or a member
of the Board of School Directors of School Administrative District
No. 51 representing the Town of Cumberland, or any other elected Town
official. All copies of the petition shall contain the name of the
person or persons who obtained the petition. Each petition shall be
limited to the recall of a single individual.
Any petition issued by the Clerk must be returned and filed
with the Clerk no later than 30 days from the date of issuance. The
petition shall be signed in the presence of the Clerk by the individual
or individuals who requested the petition. Within 10 days after the
circulation period ends, the Clerk shall certify to the Council whether
the petition has been signed by not less than 20% of the registered
voters of the Town. Should less than 20% of the registered voters
of the Town sign the petition, the petition shall have no further
force or effect, and no new petition for the recall of the same individual
can be initiated until 180 days from the filing of the previous petition.
Should 20% or more of the registered voters of the Town sign
the petition, the Council shall, upon receipt of certification, call
a special election on the question of recall to be held within 30
days of the certification. The Councilor or member of the Board of
School Directors shall be recalled when a majority of those voting
thereon have voted in the affirmative. Any Councilor or member of
the Board of School Directors against whom the recall proceedings
have been initiated may continue to hold office until recalled. A
recalled Councilor or member of the Board of School Directors may
not be appointed to serve the balance of the unexpired term and may
not run as a candidate in a special or regular election to fill the
balance of the unexpired term. A recalled Councilor or member of the
Board of School Directors may seek election to a full term to the
same or any other office at any election after the date of recall.
The form of the ballot in a recall election shall be substantially
as follows:
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"Shall (name of elected official) be recalled from (name of
the position to which elected) to which he or she was elected?"
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YES
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NO
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OR
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YES
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NO
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(The voters shall indicate their options by a cross or check
mark placed in the box under the word "YES" or "NO" or by completing
the arrow next to the word "YES" or "NO.")
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