A. POWERS RESERVED BY THE PEOPLE. The people of Austin reserve to themselves the powers, in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes; to require any ordinance when passed by the council to be referred to the electorate for approval or disapproval; and to recall elected municipal officers. These powers shall be called the initiative, the referendum, and the recall, respectively.
B. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent any such committee from incurring an expense for legal advice, stationery, copying, printing, and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor.
INITIATIVE
C. INITIATION OF MEASURES. Any five electors may form themselves into a committee for the initiation of any ordinance except an ordinance appropriating money or authorizing the levy of taxes. Before circulating the petition referred to in Section 2.07, D, such electors shall file a copy of the proposed ordinance with the city clerk together with their names and addresses of such committee. Such electors shall also attach a copy of the proposed ordinance to each of the signature papers herein described, together with their names and addresses as sponsors thereof.
D. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all signature papers and affidavits thereto attached. Such petition shall not be complete unless the signature papers have been signed by a number of voters equal to at least 10 percent of the total number of electors who cast their votes at the last preceding regular municipal election. The signatures need not be on one signature paper, but the circulator of every signature paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form:
Initiative Petition
proposing an ordinance to _______________________ (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of electors:
NAME ADDRESS
1. _______________________ _______________________
2. _______________________ _______________________
3. _______________________ _______________________
4. _______________________ _______________________
5. _______________________ _______________________
The undersigned electors, understanding the terms and nature of the ordinance hereto attached, petition the city council for its adoption, or in lieu thereof, for its submission to the electors for their approval.
NAME ADDRESS
1. _______________________ _______________________
2. _______________________ _______________________
3. _______________________ _______________________
4. _______________________ _______________________
5. _______________________ _______________________
At the end of the list of signatures shall be appended the affidavit of the circulator that each signature appended to the petition is the genuine signature of the person whose name it purports to be.
E. FILING OF PETITIONS AND ACTION THEREON. The petition shall be filed in the office of the city clerk as one instrument. Within 20 days after the filing of the petition, the city clerk shall ascertain by examination the number of electors whose signatures are appended thereto and whether this number is at least 10 percent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the number of such signatures is less than 10 percent of the total number of electors who cast their votes at the last preceding regular election, he/she shall at once notify one or more of the committee of electors of that fact, certifying the reasons for his/her finding. The committee shall then be given 30 days in which to file additional signature papers. If at the end of that period the petition is found to still lack the required signatures, the clerk shall file it in his/her office and shall notify each member of the committee of electors of that fact. The final finding by the clerk of the insufficiency of the required number of signatures shall not prevent judicial review of the clerk's determination, shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the ordinance to the electors at the next regular or any special election at its option.
F. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the city clerk shall submit it to the council at its next meeting, stating the number of petitioners and the percentage of the total number of voters which they constitute, and the council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the ordinance after the holding of which the ordinance shall be finally acted upon by the council not later than 65 days after the date upon which it was first submitted to the council by the city clerk. If the council fails to pass the proposed ordinance or passes it in a form different from that set forth in the petition and unsatisfactory to the committee of electors, the proposed ordinance shall be submitted by the council to the vote of the electors at the next regular municipal election; but if the number of signers of the petition is equal to at least 25 percent of the total number of voters voting at the last preceding regular municipal election, the council shall call a special election upon the measure. Such special election shall be held not less than 30 nor more than 120 days from the date of final action on the ordinance by the council or after the expiration of 65 days from the date the ordinance was first submitted to the council by the clerk when there has been no final action; but if a regular election is to occur within 120 days, the council may submit the ordinance at that election. If the council passes the proposed ordinance with amendments and at least four-fifths of the committee of electors do not express their dissatisfaction with such amended form by a statement filed with the city clerk within 10 days of the passage thereof by the council, the ordinance need not be submitted to the electors.
G. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either yes or no on the question of adoption. If a majority of the electors actually voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the city. Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of electors voting on the question shall prevail to the extent of the inconsistency.
H. REPEAL OF ORDINANCE ADOPTED THROUGH INITIATIVE PROCESS. Any ordinance adopted by the electorate may be repealed only by vote of the electorate at a regular or special election in accordance with a resolution adopted by a two-thirds vote of the council or in accordance with petitions duly filed as required herein for the adoption of such ordinance.
I. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter shall be construed as in any way affecting the right of the electors under the Constitution and statutes of Minnesota to propose amendments to this Charter.
REFERENDUM
J. THE REFERENDUM. Except for emergency ordinances as defined in Section 2.07 N, no ordinance passed by the city council shall take effect until seven days after such ordinance is published as provided in Section 4.02 of the City Charter. During such seven-day period, a statement signed by any 30 electors of "Intent to Petition for Referendum" may be filed with the city clerk. The effect of filing such statement shall be to prevent such ordinance from becoming effective until 30 days after such ordinance would otherwise have become effective. If such a statement of "Intent to Petition for Referendum" is filed, and if before the date when the ordinance takes effect, a petition signed by qualified electors of the city equal in number to 10 percent of the total number of electors who cast their votes at the last preceding regular municipal election is filed with the city clerk requesting that such ordinance be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into operation. The council shall thereupon reconsider the ordinance at its next regular meeting, and by yea and nay vote either repeal it or reaffirm its adherence to the ordinance as passed. In the latter case, the council shall submit the ordinance at the next regular municipal election, pending which the effectiveness of the ordinance shall remain suspended. Provided, however, the council may, in its discretion, order that a special election be held on the ordinance.
K. REFERENDUM PETITIONS. The requirements laid down in Section 2.07 C and D above as to the formation of committees for the initiation of ordinances and as to the form of petitions and signature papers shall apply to the referendum as close as possible, but with such verbal changes as may be necessary. Each signature paper shall be in substantially the following form:
Referendum Petition
proposing the repeal of an ordinance to _______________________ (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of electors:
NAME ADDRESS
1. _______________________ _______________________
2. _______________________ _______________________
3. _______________________ _______________________
4. _______________________ _______________________
5. _______________________ _______________________
The undersigned petitioners, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the city, petition the council for its repeal or submission to a vote of the electors for their approval or disapproval.
NAME ADDRESS
1. _______________________ _______________________
2. _______________________ _______________________
3. _______________________ _______________________
4. _______________________ _______________________
5. _______________________ _______________________
L. FILING OF PETITIONS AND ACTIONS THEREON. The referendum petition shall be filed in the office of the city clerk as one instrument. Within 20 days after the filing of the petition, the city clerk shall ascertain by examination the number of electors whose signatures are appended thereto and whether this number is at least 10 percent of the total number of electors who cast their votes at the last preceding municipal election. If he/she finds the number of such signatures is less than 10 percent of the total number of electors who cast their votes at the last preceding regular municipal election, he/she shall at once notify one or more members of the committee of electors of that fact, certifying the reasons for his/her finding. The committee shall then be given 30 days in which to file additional signature papers, and during such 30-day period, the effectiveness of the ordinance shall continue to be suspended. If at the end of that 30-day period the petition is found to still lack the required signatures, the clerk shall file it in his/her office, notify each member of the committee of electors of that fact, and the ordinance shall forthwith become effective. The final finding of the insufficiency of the required number of signatures shall not prevent judicial review of the clerk's determination.
M. REFERENDUM BALLOTS. The ballots used when voting upon any such ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either yes or no on the question of whether the ordinance shall become effective. If a majority of the electors actually voting on the question favor the ordinance becoming effective, it shall go into effect immediately or on the date therein specified. If a majority of the electors actually voting on the question is opposed to the ordinance becoming effective, it shall not become effective.
N. EMERGENCY ORDINANCE. As used in Section 2.07 J above, the term "emergency ordinance" means an ordinance which is named as such and is adopted in response to an emergency situation which shall be described in detail in a preamble to the ordinance. An emergency ordinance is effective upon publication and shall remain in effect for the period set forth in the ordinance; provided, however, in no event shall an emergency ordinance remain in effect for more than 60 days. Pursuant to an emergency ordinance, the council may not obligate the city, under contract or otherwise, for a period extending beyond the effective period of the ordinance.
O. ADOPTION OF AN ORDINANCE REJECTED THROUGH THE REFERENDUM PROCESS. Any ordinance so rejected by the electorate may be subsequently adopted only by a vote of the electorate at a regular or special election in accordance with a resolution adopted by a two-thirds vote of the city council or in accordance with the initiative process set forth in this section of the City Charter.
RECALL
P. THE RECALL. Any five electors of a ward may form themselves into a committee for the purpose of bringing about the recall of any elected council member for that specific ward. In the case of any other municipal officer who is elected by the people, any five electors within the city may form themselves into a committee for the purpose of bringing about the recall of such official. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than 250 words and their intention to bring about this recall. The grounds for removal shall be limited to malfeasance or nonfeasance in the performance of official duties. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification.
Q. RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shall make an affidavit that each signature appended to the paper is the genuine signature of that person whose name it purports to be. Each signature paper shall be in substantially the following form:
Recall Petition
proposing the recall of ____________________ from his/her office, which recall is sought for the reasons set forth in the attached certificate. This recall is sponsored by the following committee of electors:
NAME ADDRESS
1. _______________________ _______________________
2. _______________________ _______________________
3. _______________________ _______________________
4. _______________________ _______________________
5. _______________________ _______________________
The undersigned electors, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose.
NAME ADDRESS
1. _______________________ _______________________
2. _______________________ _______________________
3. _______________________ _______________________
4. _______________________ _______________________
5. _______________________ _______________________
At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above.
R. FILING OF PETITION. Within thirty days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the same within the next 20 days, and if he/she finds that the number of signers is less than 25 percent of the total number of electors who cast their votes in the last preceding regular municipal election, he/she shall so notify one or more members of the committee, certifying the reasons for his/her finding. The committee shall then be given ten days in which to file additional signature papers. If at the end of that time the city clerk finds the petition still lacks the required signatures, he/she shall notify all the members of the committee to that effect and shall file the petition in his/her office. The final finding by the clerk of the insufficiency of the required number of signatures shall not prevent judicial review of the clerk's determination. Under this Section 2.07 R, the authority of the city clerk is limited to determining whether sufficient signatures are appended to the petition. The city clerk shall have no authority to determine the truthfulness of the statement of the grounds for removal submitted by the committee of electors or whether such grounds constitute malfeasance or nonfeasance in the performance of official duties.
S. RECALL ELECTION. If the petition or supplemented petition be found to contain a sufficient number of signatures, 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 motion, provide for the holding of a special recall election throughout the city or in the ward in question, not less than 30 nor more than 45 days thereafter, provided that if any other regular municipal election is to occur within 60 days after such meeting, the council may in its discretion provide for the holding of the recall election at that time.
T. PROCEDURE AT RECALL ELECTION. In the published call for the election, whether posted on bulletin boards or printed in the official paper, there shall be given the statement of the grounds for removal and also, in not more than 500 words, the answer of the officer concerned in justification of his/her course in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections.
U. FORM OF RECALL BALLOT. Unless the officer whose removal is sought shall have resigned within 10 days after the receipt by the council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall _____________________ (insert name of the official whose recall is sought) be recalled from the office of ________________ ?" The electors shall be permitted to vote separately yes or no upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy in case the recall is successful, under the caption: "Candidates to fill the place of ____________________ (insert name of the official whose recall is sought) if recalled." But the officer whose recall is sought shall not himself be a candidate upon such ballot. If a majority of those actually voting on the question shall vote in favor of recalling such official, he/she shall be thereby removed from office, and in that event, the candidate who receives the highest number of votes for his/her place shall be elected thereto for the remainder of the unexpired term. If the officer sought to be recalled shall have resigned within 10 days after the receipt by the council of the completed recall petition, the form of ballot for the election of a replacement for such resigned official at the election shall be the same, as nearly as may be, as the form in use at a regular municipal election.
V. WITHDRAWAL OF PETITIONS. An initiative, referendum, or recall petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least two-thirds of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated.