SECTION 1. Initiative. The electors of the City shall have power to propose any ordinance or resolution, except an ordinance for the appropriation of money or an ordinance making a tax levy, and to adopt or reject the same at the polls, such power being known as the initiative. An initiated ordinance or resolution may be submitted to the Clerk of the Council by petition signed by registered electors of the City equal in number to at least ten percent (10%) of the total number of voters casting ballots at the last regular municipal election. When so submitted, the Clerk shall forthwith determine the sufficiency of the petition and if found sufficient, the Council shall at once have the proposed ordinance or resolution read and referred to an appropriate committee which may be a committee of the whole. Provision shall be made for public hearings on the proposed ordinance or resolution not later than thirty (30) days after the date on which such ordinance or resolution was submitted to the Clerk. The Council shall within forty (40) days after such ordinance or resolution is submitted, take final action thereon, either enacting or rejecting the proposed ordinance or resolution. If the Council fails or refuses to pass such proposed ordinance or resolution or passes it in some form different from that set forth in the petition therefor, the committee of the petitioners may require that it be submitted to a vote of the electors either in its original form or in the amended form by filing with the Clerk a supplemental petition signed by that number of additional registered electors which, when taken together with those who signed the original petition, will total at least twenty percent (20%) of the total number of voters casting ballots at the last regular municipal election, and if said supplemental petition is signed by that number of additional registered electors which, when taken together with those who signed the original petition, will total at least twenty-five percent (25%) of the total number of voters casting ballots at the last regular municipal election the date of the election may be fixed therein, not less than ninety (90) days from the time of filing such supplemental petition. Such supplemental petition shall be filed within ten (10) days after the final action on such ordinance or resolution by the Council. The Council shall thereupon provide, for submitting such ordinance or resolution to the vote of the electors at the date so fixed, or at the next general election in any year occurring more than ninety (90) days from the filing of such supplemental petition, if no date be so fixed therein.
(11-7-23.)
SECTION 2. Referendum. The electors shall have the power to approve or reject at the polls any ordinance or resolution passed by the Council, except as hereinafter provided. Within thirty (30) days after the final passage by the Council of an ordinance or resolution, a petition signed by registered electors of the City equal in number to at least twenty percent (20%) of the total number of voters casting ballots at the last regular municipal election may be filed with the Clerk of the Council, requesting that such ordinance or resolution be either repealed or submitted to a vote of the electors. If said petition is signed by registered electors of the City equal in number to twenty-five percent (25%) of the total number of voters casting ballots at the last regular municipal election, the date of the election may be fixed therein, not less than ninety (90) days from the time of filing thereof. When such petition is filed, the Clerk shall first ascertain the sufficiency of the petition, and if found sufficient, the Council shall thereupon, within thirty (30) days of the filing of such petition, reconsider such ordinance or resolution. If upon such reconsideration the ordinance or resolution is not repealed, the Council shall provide for submitting it to a vote of the electors on the date so fixed, or at the first general election in any year occurring more than ninety (90) days from the filing of such petition, if no date be so fixed. No such ordinance or resolution shall go into effect until approved by a majority of those voting thereon. When the Council by law or under provisions of general ordinances, is required to pass more than one ordinance or resolution necessary to make and pay for any public improvement, the referendum provisions shall apply only to the first ordinance or resolution required to be passed and not to any subsequent ordinances or resolutions relating thereto. Ordinances providing for the annual tax levy or for improvements petitioned by the owners of a majority of the feet front of the property benefitted and to be specially assessed therefor, and appropriation ordinances limited to the subject of appropriations shall not be subject to referendum, but all other ordinances, including emergency ordinances, shall be subject to referendum, except that emergency ordinances shall go into effect at the time indicated therein. If, when submitted to a vote of the electors, an emergency measure be not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder; but such measure shall be deemed sufficient authority for payment, in accordance with the ordinance, of any expense incurred previous to the referendum vote thereon.
Ordinances submitted to the Council by initiative petition and passed by the Council either with or without change, but not required to be submitted to a vote of the electors, shall be subject to referendum in the same manner as other ordinances.
(11-3-2009; 11-7-23.)
SECTION 3. Recall. The electors shall have the power to recall any elective officer of the City, but no recall petition shall be filed against any officer within six months after the officer takes office, nor in case of an officer subjected to a recall election and not removed, until at least six months after the election. Any five registered electors of the City may commence recall proceedings by filing with the Clerk of the Council an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, specifying the address to which all notices to the committee are to be sent, and stating the name and title of the officer sought to be recalled accompanied by a statement, not to exceed 200 words, of the reasons for the recall. Grounds for recall should relate to and affect the administration of the elective officer's office and be of a substantial nature directly affecting the rights and interest of the public. Promptly after receipt of a recall petition, the Clerk of Council shall serve, personally or by certified mail, a copy of the affidavit on the elective officer sought to be recalled. Within 10 days of service of the affidavit, the elective officer sought to be recalled may file a statement with the Clerk of Council, not to exceed 200 words, in response. Recall petitions must be signed by registered electors of the City equal in number to at least twenty-five percent of the total number of registered electors of the City to vote at the last regular municipal election. Recall petitions must be filed within 100 days of the filing of the petitioners' affidavit initiating the recall procedure. Within 20 days after the petition is filed, the Clerk of Council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk of Council within two days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers within 14 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of this section and within five days after it is filed, the Clerk of Council shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review within the time required, the Clerk of Council shall promptly present his or her certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by Council, Council shall review the certificate or determination at its next meeting following the filing of such request, and Council's determination shall then be a final determination as to the sufficiency of the petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose after the passage of one year from the date of the final determination of insufficiency. If a recall petition has been finally determined sufficient, it shall be submitted to the electors of the City. The recall election shall be held not less than 60 days and not later than 90 days from the date of the final determination. If no regular municipal election is to be held within the period prescribed in this subsection. Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that Council may in its discretion provide for a special election at an earlier date within the prescribed period. Ballots used at recall election shall read: "Shall [name of officer] be recalled (removed) from the office of [title of office]?" If a majority of registered electors vote in favor of the recall, the officer is removed and the seat is vacant, and the vacancy shall be filled in accordance with the applicable provisions of Article 3, Section 3, or Article 5, Section 3, of this Charter.
(11-6-1979; 11-7-2023.)
SECTION 4. Petitions. An initiative, referendum or recall petition may be circulated in separate parts, but the separate parts shall be bound together and filed as one instrument. Each part shall contain in the case of the initiative or referendum, a full and correct copy of the title and the text of the proposed or referred ordinance or resolution, and in the case of the recall, the name and office of the person whose removal is sought and a statement in not more than two hundred words of the grounds for the removal.