The people shall have power to propose any ordinance of a legislative
character, except ordinances appropriating money, authorizing the
levy of taxes or amending the zoning ordinance, and to adopt or reject
the same at the polls. Any initiated ordinance may be submitted to
the Council by a petition containing the full text of the measure
proposed and signed by registered voters of the City equal in number
to at least twenty (20) percent of the votes cast for the office of
Mayor in the last preceding regular municipal election.
The people shall have power to approve or reject any ordinance of a legislative character, except ordinances appropriating money, authorizing the levy of taxes, calling an election, or amending the zoning ordinance. Prior to the effective date, as provided in section 3.9 of the Charter, of any ordinance which is subject to the referendum, a petition containing the full title of such ordinance and signed by registered voters of the City equal in number to at least twenty (20) percent of the votes cast for the office of Mayor in the last preceding regular municipal election may be filed with the City Clerk, requesting that such ordinance be either repealed or submitted to a vote of the registered voters of the City.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 elected City officer may be removed by the registered voters
qualified to vote for his successor; provided that no person shall
be subject to recall within four (4) months after his induction into
office, nor during the last four (4) months of his term, and if retained
in office upon any recall election, he shall not be again subject
to recall within six (6) months after such recall election. A petition
requesting the removal of such officer shall be signed by registered
voters equal in number to at least twenty (20) percent of the registered
voters qualified to vote for the position at the time of the last
preceding regular municipal election for said position.
The signatures to an initiative, referendum or recall petition
need not be appended to one (1) paper, but all papers comprising the
petition shall be uniform in character and shall be filed with the
City Clerk as one (1) instrument. Each signer of a petition shall
state his address opposite his signature. Attached to each separate
paper of the petition, there shall be an affidavit of the circulator
thereof, stating that each signature appended thereto was made in
his presence and is the genuine signature of the person it purports
to be.
Within ten (10) days after a petition is filed, the Board of
Election Commissioners shall determine its sufficiency and certify
the result thereof to the Council. If the petition is certified as
insufficient, the certification shall specify the grounds thereof,
and a copy of such certification shall be mailed to the person filing
such petition. An initiative, referendum or recall petition may be
amended within ten (10) days after notification of insufficiency has
been mailed by filing a supplementary petition executed as provided
in the case of an original petition, provided however that supplementary
referendum petitions shall be filed prior to the effective date of
the ordinance sought to be referred. Within ten (10) days after such
amended petition is filed, the Board of Election Commissioners shall
determine its sufficiency and certify the result thereof to the Council.
If the amended petition is certified as insufficient, no further action
shall be had thereon.
When an initiative or referendum petition has been certified
as sufficient by the Board of Election Commissioners, the Council
shall proceed to consider the initiative proposal or referred ordinance.
If the ordinance proposed is not adopted or the ordinance referred
is not repealed within thirty (30) days after certification, the Council
shall call a special election to be held within ninety (90) days after
certification, unless a general election is to be held within such
period in which case the proposition shall be submitted at said general
election.
The ballot title of any measure to be submitted to the registered
voters of the City in accordance with the initiative and referendum
provisions of this Charter shall be prepared by the City Attorney.
It shall be a concise and impartial statement, descriptive of the
substance of the proposal. The ballot title shall appear under the
designation, "Referendum by Petition" or "Proposed by Initiative Petition"
as applicable. Below the ballot title, there shall be the following
words, one above the other in the order indicated, "For the Ordinance"
and "Against the Ordinance," with squares opposite each such phrase
in which the voter may signify his preference. If voting machines
are used, they shall provide substantially the same form as herein
designated.
Any number of initiated or referred proposals may be submitted
on the same ballot, but they shall be arranged in the order in which
the petitions therefor were filed.
If a majority of the registered voters voting on an initiated
or referred measure vote in favor thereof, it shall thereupon become
an ordinance of the City and shall take effect immediately. If conflicting
ordinances are approved 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 Council as
sufficient by the Board of Election Commissioners, the Council shall
call an election to be held no less than thirty (30) nor more than
forty-five (45) days thereafter. A recall proceeding shall be discontinued
if the office becomes vacant.
The ballot shall be in the following form:
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SHALL (Name and Title) BE REMOVED FROM OFFICE?
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â–¡
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YES
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â–¡
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NO
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Voters in favor of removal place a cross (X) in the square opposite
the word "Yes."
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Voters opposed to removal place a cross (X) in the square opposite
the word "No."
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If voting machines are used, they shall provide substantially
the same form as herein designated.
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If a majority of the registered voters voting in a recall election
vote in favor of the recall, the office shall be deemed vacant immediately.
No person who has been recalled from an office, or who has resigned
from office while recall proceedings were pending against him, may
hold any office or position of employment in the City government within
two (2) years after his recall or resignation.
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.
