The electors shall have power to propose any ordinance, except
an ordinance appropriating money or authorizing the levy of taxes,
and to adopt or reject the same at the polls, such power to be known
as the initiative. Any initiated ordinance may be submitted to the
board of aldermen by a petition signed by electors of the city equal
in number to at least ten percent of the total number of votes cast
for the office of mayor in the last election for mayor.
The electors shall have power to approve or reject at the polls any ordinance passed by the board of aldermen, or submitted by the board to a vote of the electors, except the following: ordinances passed on the day of their introduction as provided in the second paragraph of Section 8 of Article II of this charter, ordinances levying taxes, and ordinances for the issuance of special tax bills. Such power shall be known as the referendum. Within fifteen days after the date on which the board of aldermen has adopted an ordinance which is subject to referendum, a petition signed by electors of the city equal in number to at least ten percent of the total number of votes cast for the office of mayor in the last election for mayor may be filed with the city clerk, requesting that such ordinance be either repealed or submitted to a vote of the electors.
Any officer elected by popular vote may be removed by the electors
qualified to vote for his successor, such power to be known as the
recall. A petition requesting the removal of an incumbent shall be
signed by electors of the city equal in number to twenty percent of
the registered voters qualified to vote for the office in question
as shown by the registration records at the time of the last regular
municipal election.
All papers comprising an initiative, referendum, or recall petition
shall be assembled and filed with the city clerk as one instrument.
Every initiative petition shall contain the full text of the measure
proposed, every referendum petition shall contain the full title of
the ordinance referred, and every recall petition shall contain a
general statement of the grounds for removal. Each signer, after his
name, shall designate his residence by street and number, or by any
other description sufficient to identify his place of residence. The
signatures to any petition need not all be appended to one paper.
In addition, there shall be attached to each such paper a signed statement
of the circulator thereof, stating the number of signers of such paper,
that each signature appended thereto was made in his presence and
is the genuine signature of the person it purports to be, and that
he believes each such signer to be a registered voter of the city.
Within ten days after a petition is filed, the city clerk shall
determine whether each paper of the petition has a proper statement
of the circulator, and whether the petition is signed by a sufficient
number of electors. 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. After completing his examination of
the petition, the city clerk shall certify the result thereof to the
board of aldermen at its next regular meeting. If he shall certify
that the petition is insufficient, he shall set forth in his certificate
the particulars in which it is defective, and he shall at once mail
a copy of the certificate to the person filing the petition.
An initiative, referendum, or recall petition may be amended
at any time within ten days after the notification of insufficiency
has been mailed by the city clerk, by filing a supplementary petition
executed as provided in the case of an original petition. The city
clerk shall, within five days after such an amended petition is filed,
make examination thereof and if it is then found to be sufficient,
shall so certify to the board of aldermen at its next regular meeting.
If the petition be still insufficient, he shall file his certificate
to that effect in his office and mail a copy thereof to the person
filing the petition, 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.
[Ord. No. 5958 § 1, 11-28-06]
When an initiative petition has been certified to the board
of aldermen as sufficient by the city clerk, the board of aldermen
shall proceed at once to consider the proposed ordinance. If the ordinance
proposed by the initiative petition has not been finally adopted within
thirty days after certification the board of aldermen shall call a
special election to be held at which such proposed ordinance shall
be submitted without alteration to the vote of the electors of the
city. The enacting clause of such proposed ordinance shall be: BE
IT ORDAINED BY THE PEOPLE OF CLAYTON, MISSOURI.
[Ord. No. 5958 § 1, 11-28-06]
When a referendum petition has been certified to the board of
aldermen as sufficient by the city clerk, the ordinance specified
in the petition shall be suspended unless and until approved by the
electors as hereinafter provided. The board of aldermen shall proceed
at once to reconsider the referred ordinance. If the ordinance specified
in any referendum petition shall not be finally repealed within thirty
days after such certification, the board of aldermen shall call a
special election to be held at which such ordinance shall be submitted
without alteration to the vote of the electors of the city upon the
question: SHALL THE ORDINANCE SPECIFIED IN THE REFERENDUM PETITION
BE APPROVED?
[Ord. No. 5958 § 1, 11-28-06]
Ordinances submitted to the electors in accordance with the
initiative and referendum provisions of this charter shall be submitted
by ballot title which shall be prepared by the city attorney. The
ballot title may be different from the legal title of any such initiated
or referred ordinance and shall be a clear, concise statement, without
argument or prejudice, descriptive of the substance of such ordinance.
Any number of initiated or referred ordinances may be voted on at
the same [election].[1]
[1]
Note—Word missing from the original ordinance.
If a majority of the electors voting on an initiated ordinance
shall vote in favor thereof, it shall thereupon become an ordinance
of the city. No such ordinance shall be amended or repealed by the
board of aldermen for at least six months, and for the next twelve
months thereafter only by unanimous vote. If a majority of the electors
voting on a referred ordinance shall vote against the ordinance, it
shall thereupon be repealed. If conflicting ordinances are approved
by the electors at the same election, the one receiving the greatest
number of affirmative votes shall prevail. No election under the initiative
or referendum procedure shall be set aside because of any defect in
the petition.
When a recall petition has been certified to the board of aldermen as sufficient by the city clerk, the board of aldermen shall set a date for holding the election, not less than thirty nor more than forty-five days thereafter. If such office becomes vacant prior to the election, such election shall be cancelled, and the vacancy shall be filled as provided in Section 5 of Article II of this charter.
[Ord. No. 5958 § 1, 11-28-06]
The ballot shall be in the following form:
SHALL (Name and title) BE REMOVED FROM OFFICE?
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☐
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YES
| |
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☐
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NO
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If a majority of the electors voting in such recall election shall vote in favor of the recall, then a vacancy shall exist, regardless of any defect in the recall petition. Such vacancy shall be filled as provided in Section 5 of Article II of this charter. If a majority of the electors voting in such election shall vote against the recall, the officer in question shall continue in office. Any such person who has been recalled shall be ineligible to serve the city in any capacity at any time during the remainder of the term for which he was elected. No elected officer of the city shall be subject to recall within six months from his induction into office, nor during the last six months of his term; and if he is retained in office upon any recall election, he shall not be again subject to recall during the same term of office.
Notice of initiative, referendum, and recall elections shall
be given, the elections conducted, the returns canvassed, and the
results declared in all respects as are other city elections.
