Agenda - Charter Commission - 12/18/2024

Home

change the statement of the grounds on which the recall is sought. Within five days of receipt of the corrected petition, the city clerk shall again report to the council. If the council finds that the petition is still insufficient or irregular, the city clerk shall file the petition in his/her office and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the subject matter of the petition to the voters at the next regular or special election. (Ord. of 1-24-2001) Sec. 5.5. Initiative. Any ordinance may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the council passes the proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the city clerk within ten days of its passage by the council, the ordinance need not be submitted to the voters. If the council fails to enact the ordinance in a form acceptable to the majority of the sponsoring committee within 60 days after the final determination of sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next election occurring in the city. If no election is to occur within 120 days after the filing of the petition, the council shall call a special election on the ordinance to be held within such period. (Ord. of 1-24-2001) Sec. 5.6. Initiative to amend the Charter. Nothing in this Charter shall be construed in any way as affecting the right of the electors to propose amendments to this Charter. (Ref. of 12-6-2001) Sec. 5.7. Referendum. Prior to the date an ordinance takes effect, it may be subjected to referendum by a petition which shall state at the head of each page, or attached thereto, the exact text of the ordinance to be considered by the voters. If the petition is found to be sufficient under the provisions of section 5.3 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the city. If no election is to occur within 120 days after the filing of the petition, the council shall call a special election to be held within such period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon vote for the ordinance contained in the petition, it shall take effect immediately upon certification of the election results by the council. Sec. 5.8. Recall. Consideration by the electorate of the recall of any elected officer of the city may be initiated by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall, which shall be malfeasance, misfeasance or nonfeasance in office, is not more than 250 words, and the intention of the sponsoring committee to bring about the officer's recall. Such petition shall be filed in the city clerk's office prior to circulation. If the petition or amended petition is found sufficient under the provisions of section 5.3 of this chapter, the city clerk shall transmit it to the council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The council shall, at its next meeting, by resolution, provide for the holding of a special recall (Supp. No. 13, Update 3) Page 10 of 25 Created: 2024-10-04 12:02:15 [EST]