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Help & SupportArticle IV: Direct Legislation
The Initiative
Sec. 37. Power to initiate ordinances.
The people shall have the power at their option to propose ordinances, including ordinances granting franchises or privileges, and other measures, and to adopt the same at the polls, such power being known as the initiative. A petition, meeting the requirements hereinafter provided and requesting the council to pass an ordinance, resolution, order, or vote (all of these four terms being hereinafter included in the term "measure") therein set forth or designated, shall be termed an initiative petition and shall be acted upon as hereinafter provided.
Sec. 38. Preparation of initiative petitions.
Signatures to initiative petitions need not all be on one paper, but the circulator of every such 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. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify the place. All such papers pertaining to any one measure shall have written or printed thereon the names and addresses of at least five registered electors who shall be officially regarded as filing the petition and shall constitute a committee of the petitioners for the purposes hereinafter named. All such papers shall be filed in the office of the city clerk as one instrument. Attached to every such instrument shall be a certificate signed by the committee of petitioners, or a majority of them, stating whether the petition is intended to be a "five per cent petition" or a "fifteen per cent petition". (Amended by Ord. No. 4598 (1981), § 1, adopted by electorate on November 3, 1981.)*
Within ten days after the filing of the petition the city clerk shall ascertain by examination the number of registered electors whose signatures are appended thereto and whether this number is at least five per cent or fifteen per cent, as the case may be, of the number of registered electors of the city as of the day the petition was filed, and the clerk shall attach to said petition a certificate showing the result of said examination. If by the city clerk's certificate, of which notice in writing shall be given to one or more of the persons designated, the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate by filing supplementary petition papers with additional signatures. The city clerk shall within ten days after such amendment make like examination of the amended petition, and if the clerk's certificate shall show the same to be insufficient, the city clerk shall file the petition in the clerk's office and shall notify each member of the committee of that fact. The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. (Amended by Ord. Nos. 4598 and 4599 (1981), § 1, adopted by electorate on November 3, 1981.)*
Sec. 40. Submission of petition to council.
If the petition shall be found to be sufficient, the city clerk shall so certify and submit the measure to the council at its next meeting, and the council shall at once read and refer the same to an appropriate committee, which may be a committee of the whole. Provision shall be made for public hearings upon the measure before the committee to which it is referred. Thereafter the committee shall report the measure to the council, with its recommendation thereon, not later than thirty days after the date upon which such measure was submitted to the council by the city clerk. Upon receiving the measure from the committee the council shall at once proceed to consider it and shall take final action thereon within thirty days from the date of such committee report.
Sec. 41. Election on initiated measures.
If the council shall fail to pass the measure or shall pass it in a form different from that set forth in the petition, then if the petition was a "fifteen percent petition" the measure shall be submitted by the council to the vote of the electors at the next general municipal election or state general election occurring not less than fifty-six days after the date of the final action by the council, and if no general municipal election or state general election is to be held within six months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. If the petition was a "five percent petition" the measure shall be submitted at the earlier of the next general municipal election or at a special municipal election to be called and held in conjunction with the next state general election occurring not less than fifty-six days after the date of the final action by the council if the petition was certified by the city clerk to the council no less than one hundred twenty days before such general or special municipal election. But if, within thirty days after the final action by the council on the measure, a supplemental petition shall be filed with the city clerk signed by a sufficient number of additional registered electors asking for the submission of the measure so that the original petition when combined with such supplementary petition shall become a "fifteen percent petition," then the council shall call a special election to be held not less than thirty nor more than forty-five days after the receipt of the city clerk's certificate that a sufficient supplementary petition has been filed. The sufficiency of any such supplementary petition shall be determined, and it may be amended, in the manner provided for original petitions. For an election to be required as an initiative petition, said committee of petitioners shall, by unanimous vote of the members of the committee legally competent to act at such time, certify to the city clerk the requirement of submission and the measure in the form desired, which must be in the form set forth in the petitions, within ten days after the date of final action on such measure by the council. Upon receipt of the certificate and certified copy of such measure, the city clerk shall certify the fact to the council at its next meeting, and such measure shall be submitted by the council to the vote of the electors in a general or special municipal election as hereinbefore provided. (Amended by Ord. No. 4598 (1981), § 1, adopted by electorate on November 3, 1981. Further amended by Ord. No. 5577 (1993), § 1, adopted by electorate on November 2, 1993. Further amended by Ord. No. 5907 (1997), § 1, adopted by electorate on November 4, 1997.)*
The ballots used when voting upon any such measure shall state the substance thereof, and below it the two propositions "for the measure" and "against the measure." Immediately at the right of each proposition there shall be a square in which by making a cross (X) the voter may vote for or against the measure. If a majority of electors voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance, resolution, order, or vote of the city as the case may be.
The following shall be the form of the ballot:
TITLE OF MEASURE (With general statement of substance thereof.)
For the measure _________________________________ Against the measure ______________________________ |
The Referendum
The people shall have power at their option to approve or reject at the polls any measure passed by the council or submitted by the council to a vote of the electors, excepting, however, measures levying a tax for or appropriating money to defray the general expenses of the city government or any existing department or commission thereof; also, excepting measures creating improvement districts and levying special assessments in payment therefor; also, measures ordering the construction of public improvements and levying assessments on the property specially benefited thereby, for the payment thereof. Such power shall be known as the referendum; which power shall be invoked and exercised as herein provided. All measures, save those hereinabove specifically excepted, submitted to the council by initiative petition and passed by the council without change or passed in an amended form and not required by the committee of the petitioners to be submitted to a vote of the electors shall be subject to the referendum in the same manner as other measures.
If, within thirty days after final passage of any measure by the council, a petition signed by registered electors of the city to the number of at least ten percent of the registered electors of the city as of the day the petition is filed be filed with the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electors, it shall not, except in the case of an emergency measure, become operative until the steps indicated herein have been taken. (Amended by Ord. Nos. 4598 and 4599 (1981), § 1, adopted by electorate on November 3, 1981.)*
Sec. 45. Signatures to petition.
The signatures thereto need not all be on one paper, but the circulator of every such paper shall make an affidavit that each signature appended thereto is the genuine signature of the person whose name it purports to be. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify the place. All such papers shall be filed in the office of the city clerk as one instrument. A referendum petition need not contain the text of the measure designated therein and of which the repeal is sought.
Sec. 46. Certificate of petition.
Within ten days after the filing of the petition the city clerk shall ascertain whether or not the petition is signed by registered electors of the city to the number of at least ten percent of the registered electors of the city as of the day the petition was filed, and the clerk shall attach to such petition a certificate showing the result of such examination. If by the city clerk's certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate by the filing of supplementary petition papers with additional signatures. The city clerk shall within ten days after such amendment make like examination of the amended petition and certify the result thereof. (Amended by Ord. Nos. 4598 and 4599 (1981), § 1, adopted by electorate on November 3, 1981.)*
If the petition be found sufficient, the council shall proceed to reconsider such measure, or such part thereof, as the petition shall specify. If upon such reconsideration such measure, or such part thereof, be not repealed or amended as demanded in the petition, the council shall provide for submitting the same, by the method herein provided, to a vote of the electors at the next municipal election occurring not less than thirty days after the receipt by the council of the city clerk's certificate, and such measure, or such part thereof, shall thereupon be suspended from going into effect until said election and shall then be deemed repealed unless approved by a majority of those voting thereon. Or the council by two-thirds vote may submit such measure or part thereof with like effect to the electors at a special election to be called by said council not less than thirty days after the receipt of said city clerk's certificate.
Proposed measures and charter amendments shall be submitted by ballot title. There shall appear upon the official ballot a ballot title which may be distinct from the legal title of any such proposed measure or charter amendment and which shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such measure or charter amendment. The ballot title shall be prepared by the committee of the petitioners if for an initiated or a referendum measure, or by a committee of the council when submitted by the council.
The ballots used when voting upon such measure shall designate the same, and below it the two propositions, "for the measure" and "against the measure."
Sec. 50. Emergency measures subject to referendum.
Measures passed as emergency measures shall be subject to referendum like other measures, except that they shall not be suspended from going into effect while referendum proceedings are pending. 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, and all rights and privileges conferred by it shall be null and void; provided, however, that such measure so repealed shall be deemed sufficient authority for any payment made or expense incurred in accordance with the measure previous to the referendum vote thereon.
Sec. 51. Official publication.
Every measure or charter amendment submitted to the voters in any election shall be published at least once in a daily newspaper of the city. (Amended by Ord. No. 1632 (1951), § 8, adopted by electorate on November 6, 1951.)
Sec. 52. Number of measures initiated or referred.
Any number of measures may be initiated or referred for a vote at the same election, in accordance with the provisions of this charter.
Sec. 53. Conflict of measures.
If two or more measures adopted or approved at the same election conflict in any of their provisions, they shall go into effect in respect to such of their provisions as are not in conflict and the one receiving the highest affirmative vote shall prevail insofar as their provisions conflict.
Sec. 54. Repeal of initiated or referred measures.
No ordinance that has been passed by vote of the people under the initiative or has received a favorable vote of the people under the referendum shall be repealed except by an ordinance submitted to a vote of the people.
The Recall
Sec. 55. Recall of elective officers.
The holder of any elective office may be removed by the qualified electors of the city. The procedure to effect such removal from office shall be as follows:
A petition signed by electors qualified to vote for a successor to the incumbent sought to be removed equal in number to at least twenty-five per cent of the last preceding vote cast within the city for all candidates for governor shall be addressed to the council and filed with the city clerk.
The city clerk shall make available sample forms to be utilized in formatting such petitions. The form of a recall petition shall be approved or disapproved by the city clerk, prior to its circulation, by the close of the second business day following the submission of the proposed petition for review.
On the date on which a recall petition is approved, the clerk shall notify the officer sought to be recalled by mail or by electronic communication.
All petitions shall be returned and filed with the city clerk within thirty days from the date on which the clerk approves the form of a recall petition.
When submitted to the clerk, the petition shall contain a general statement, of not more than two hundred words, listing the grounds on which the recall is sought. A copy of that statement, along with a statement of no more than two hundred words, if submitted, from the official against whom the recall petition is filed, shall be publicly posted or otherwise made available to members of the public in electronic or hard copy form at least twenty days prior to the holding of any recall election.
The signatures to a recall petition need not all be appended to one paper, but each person shall add to such person's signature such person's place of residence, giving the street and number. The circulator of each such paper shall make affidavit before an officer competent to administer oaths that the statements contained therein are true and that each signature appended to the paper is the genuine signature of the person whose name it purports to be. All papers composing said petition shall be assembled and filed as one instrument, with endorsements thereon of the names and addresses of three persons designated as filing said petition; provided, that prior to the issuance of any blank forms of petitions for removal, an affidavit shall be made by one or more qualified electors, which affidavit shall state the name of the officer or officers sought to be removed and the grounds upon which the removal is sought, and such affidavit shall be filed with the city clerk. (Amended by Ord. No. 7603 (2008), §2, adopted by electorate on November 4, 2008)*
Sec. 57. Petition may be amended or new petition made.
Within ten days from the filing of said petition the city clerk shall ascertain by examination thereof and of the registration books and election returns whether the petition is signed by the required number of qualified electors and shall attach thereto a certificate showing the result of such examination. The clerk shall, if necessary, be allowed extra help.
If the certificate shows the petition to be insufficient, the clerk shall, within five days, so notify in writing one or more of the persons designated on the petition as filing the same; and the petition may be amended at any time within ten days from the filing of the certificate. The city clerk shall, within ten days after such amendment, make like examination of the amended petition and attach thereto a certificate of the result. If still insufficient or if no amendment is made, the clerk shall return the petition to one of the persons designated thereon as filing it, without prejudice, however, to the filing of a new petition for the same purpose.*
Sec. 58. Elections under recall petitions unless officer resigns.
If the petitions and amended petitions shall be found by the city clerk to be sufficient in all respects (including that they contain a sufficient number of valid signatures), the clerk shall submit the same with the clerk's certificate to the council without delay, and the council shall, if the officer sought to be removed does not resign within five days thereafter, thereupon order an election to be held on a Tuesday fixed by them not less than seventy-five nor more than ninety days from the date of the city clerk's certificate that a sufficient petition was filed. However, if any other municipal election is to occur within ninety days from the date of the city clerk's certificate, the council may, at its discretion, postpone the holding of the removal election to the date of such other municipal election.
However, if a vacancy occurs in said office after a removal election has been ordered, the vacancy shall be filled in accordance with the procedures set forth for the filling of council vacancies in Section 8 of this charter. (Amended by Ord. No. 7603 (2008), §2, adopted by electorate on November 4, 2008)*
The publication of notice, and the conduct of recall elections shall all be in conformity with the various general provisions of this charter relating to elections, except to the extent specifically noted otherwise within this section. In the case of an election coordinated with county or state election officials, a recall election shall be held, to the maximum extent feasible, in conformity with county election procedures.
The official ballot in a recall election shall indicate the name and office of the official against whom the recall petition was filed and it shall provide that the voter may vote "Yes" or "No", with respect to whether the official should be recalled.
If a majority of those voting on the recall question vote "no," the incumbent shall continue in office. If a majority vote "yes," the incumbent shall be removed from office.
Any vacancy created by a recall election shall be filled in accordance with the procedures set forth for the filling of council vacancies in Section 8 of this charter. (Amended by Ord. No. 7603 (2008), §2, adopted by electorate on November 4, 2008)*
When a canvass of the returns of a recall election shows that any officer has been recalled, the officer's term of office shall thereupon terminate.*
Sec. 61. No recall for six months.
No recall petition shall be filed against any officer who has not actually held office for at least six months; provided, that second or further recall petitions for the same officer shall require signatures of qualified electors equal to at least thirty-five per cent of the last preceding vote cast within the city for all candidates for governor.*
Sec. 62. Incapacity of recalled officers.
Any person who has been removed from office by recall, or who has resigned from such office while recall proceedings were pending against such person, shall not serve on city council, nor on any city commission or in any official elected or appointed office within one year after such removal by recall or resignation. (Amended by Ord. No. 7603 (2008), §2, adopted by electorate on November 4, 2008)*
* Indicates those sections in which reference to gender were neutralized by Ord. No. 4602, November 3, 1981.