[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
The people shall have the power known as the initiative to propose
any Ordinance, except Ordinances appropriating money and those authorizing
the levy of taxes, and to adopt or reject the same at the polls. Any
initiated Ordinance may be submitted to the Council by a petition
signed by registered voters of the City equal in number to: (a) at
least twenty percent (20%) of the total registered voters qualified
to vote at the last regular municipal election in the city as a whole,
and (b) at least twenty percent (20%) of the total registered voters
qualified to vote at the last regular municipal election in each of
at least a majority of the wards of the City.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
The people shall have the power known as the referendum to approve
or reject at the polls any Ordinance passed by the Council, or submitted
by the Council to a vote of the people, except Ordinances appropriating
money, authorizing the levy of taxes, calling an election, emergency
Ordinances or issuing special tax bills. Within twenty (20) days after
the passage of an Ordinance by the Council which is subject to a referendum,
a petition signed by registered voters of the City equal in number
to: (a) at least twenty percent (20%) of the total registered voters
qualified to vote at the last regular municipal election in the city
as a whole, and (b) at least twenty percent (20%) of the total registered
voters qualified to vote at the last regular municipal election in
each of at least a majority of the wards of the city, may be filed
with the City Clerk requesting that such Ordinance be either repealed
or submitted to a vote of the registered voters of the City.
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 officer shall be signed
by registered voters of the City equal in number to at least twenty
(20) percent of the registered voters qualified to vote at the last
regular municipal election for such office.
All papers comprising an initiative, referendum or recall shall
be assembled and filed with the City Clerk as one instrument. Every
initiative petition shall contain the full text of the Ordinance proposed,
while every referendum petition shall contain the full title of the
Ordinance referred, and every recall petition shall contain a general
statement of the reasons for removal. Each signer, after his name,
shall designate his residence by number and street, or by any other
designation 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
that each signer is a registered voter of the City.
Within fifteen (15) 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 registered voters and otherwise complies with
the requirements hereto prescribed. In reference to a recall petition,
the sufficiency of the general statement of the reasons for removal
shall not be determined by the City Clerk. After completing his examination
of the petition, the City Clerk shall certify the results thereof
to the Council at its next regular meeting. If he shall certify that
the petition is insufficient, he shall set forth in his certification
the particulars in which the petition is insufficient and he shall
at once mail a copy of his certification to the person filing the
petition.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
An initiative, referendum or recall petition which contained
a numerically sufficient number of unduplicated signatures when filed
but which has been determined not to have been signed by a sufficient
number of registered voters solely due to disqualification of ineligible
or unqualified signatures may be amended at any time within fifteen
(15) 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 (5) days after such amended petition is filed, make an
examination thereof and if the amended petition is then found to be
sufficient, shall so certify to the Council at its next regular meeting.
If the petition is still insufficient, he shall file his certification
to that effect to the Council at its next regular meeting and no further
action shall be had on such insufficient petition, and a copy of such
certification shall be mailed to the person filing the petition. The
finding of insufficiency of a petition shall not prejudice the filing
of a new petition for the same purpose.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
When an initiative petition has been certified to the Council
as sufficient by the City Clerk, the Council shall proceed at once
to consider the proposed Ordinance. If the Ordinance proposed by the
initiative petition has not been finally adopted within thirty (30)
days after certification the Council shall call a special election
to be held date set by the Council.
At such special or general municipal election, such proposed
Ordinance shall be submitted without alteration to the voters of the
City. The enacting clause of such proposed Ordinance shall be: "BE
IT ORDAINED BY THE PEOPLE OF HAZELWOOD, MISSOURI."
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
When a referendum petition has been certified to the Council
as sufficient by the City Clerk, the Ordinance specified in the petition
shall be suspended unless and until approved by the voters as hereinafter
provided. The Council shall proceed at once to reconsider the referred
Ordinance. If the Ordinance specified in any referendum petition shall
not be finally repealed within thirty (30) days after such certification,
the Council shall call a special election to be held on a date set
by the Council.
At such special or regular municipal election, such Ordinance
shall be submitted without alteration to the voters of the City upon
the question: "SHALL THE ORDINANCE SPECIFIED IN THE REFERENDUM PETITION
BE APPROVED?"
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
Ordinances submitted to the voters in accordance with the initiative
and referendum provisions of this Charter shall be submitted by ballot
wording which shall be prepared by the City Attorney. The ballot wording
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 and may be submitted on the same ballot.
If a majority of the voters 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
Council for at least six (6) months, and for the next twelve (12)
months thereafter only by unanimous vote. If a majority of the voters
voting on a referred Ordinance shall vote against the Ordinance, it
shall thereupon be repealed. If conflicting Ordinances are approved
by the voters 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.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
When a recall election has been certified to the Council as
sufficient by the City Clerk, the Council shall set a date for holding
the election.
If such office becomes vacant prior to the election, such election shall be canceled, and the vacancy shall be filled as provided in Section 4 of Article II of this Charter.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
The ballot shall be in the following form:
|
SHALL (Name and Title) BE REMOVED FROM OFFICE?
| ||
|---|---|---|
|
YES
|
☐
| |
|
NO
|
☐
| |
If a majority of the voters 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 4 of Article II of this Charter. If a majority of the voters 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 (6) months from his induction
into office, nor during the last six (6) 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.
