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HomeMy WebLinkAboutOrd1982-510 . . . BHB/rsa 8/9/82 e - Introduced By: City Attorney Introduction Date: 08/09/82 Public Hearing & Enactment Date: 08/23/82 CITY OF SEWARD, ALASKA ORDINANCE NO. 510 AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, CREATING CHAPTER 13, INITIATIVE, REFERENDUH AND RECALL, OF THE SEWARD CITY CODE. THE CITY OF SEWARD ORDAINS: Section 1: That the Code of the City of Seward, Alaska, is hereby amended by adding Chapter 13, Initiative, Referendum and Recall, to the Code, which Chapter reads as follows: ~13.10.010 H3.10.020 H3.10.030 H3.10.040 ~13.10.050 ~13.10.060 H3.10.070 ~13.10.080 ~13.10.090 ~13.10.100 ~13.20.010 ~13.20.020 ~13.20.030 H3.20.040 H3.20.050 ~13.20.060 ~13.20.070 ~13.20.080 ~13.20.090 ~13.20.100 ~13.20.110 CHAPTER 13. INITIATIVE, REFERENDUH AND RECALL. Article 13.10. Initiative and Referendum. Reservation of Powers; Exceptions. Petition. Contents of Petition. Required Signatures. Sufficiency of Petition. Protest. New Petition. Initiative. Referendum. Effect. Article 13.20. Recall. Recall. Grounds. Petition. Sufficiency of Petition. New Petition. Submission. Election. Form of Recall Ballots. Election Procedure. Effect. Election of Successor. -1- . . . . . Article 13.10. Initiative and Referendun. Sec. 13.10.010. Reservation of Power; Exceptions. In accordance with the City Charter, the powers of initiative and referendum are reserved to the qualified voters of the City of Se\i1ard. The voters of the City, by initiative, may propose and enact any ordinance which the City Council has power to enact under Charter except as otherwise provided in this section. The voters of the City, by referendum, may approve or reject any ordinance passed by the City Council except as otherwise provided in this section. Ordinances dedicating revenues; ordinances making, repealing, transferring, or otherwise changing appropriations; ordinances fixing mill levies; ordinances authorizing the issuance of bonds; and special ordinances; shall not be subject to either the initiative or the referendum. Ordinances creating courts, defining the jurisdiction of courts or prescribing their rules shall not be subject to initiative. Ordinances necessary for the immediate preservation of the public peace, health or safety (emergency ordinances) shall not be subject to referendum. Sec. 13.10.020. Petition. Any qualified voter of the City may commence a petition for initiative or referendum either in accordance with provisions of state statute or by submitting a copy of the petition to the City Clerk, which the Clerk shall promptly date, and by informing the Clerk in writing of his name and mailing address, where any notices regarding the petition may be sent. The date stamped by the City Clerk and shall be the date of first circulation. A circulated petition bearing the required signatures must be filed with the City Clerk, and an initiative petition must be filed not less than ninety (90) days prior to the next regular or special election. Sec. 13.10.030. Contents of Petition. A petition for initiative or referendum shall: (a) cover only a single comprehensive subject; (b) describe the ordinance or resolution sought by the petition; (c) state upon the petition, when circulated, the date of first circulation of the petition; (d) contain the statement, when circulated, that the signatures on the petition must be secured wi thin ninety (90) days from the date of the first circulation; and -2- . . . . . (e) have the required signatures, dates of signatures and residence addresses of the signers. Sec. 13.10.040. Required Signatures. (a) The necessary signatures on a petition shall be secured within ninety (90) days from the date of first circulation of the petition. The petition shall be signed in ink or indelible pencil. (b) A petition shall be signed by a number of qualified voters equal to at least twenty-five percent (25%) of the voters who cast ballots at the last general election or special election called for the purpose of electing a City officer. Only one signature may be counted for each qualified voter. (c) Each signing voter shall write or print after his signature the date and his residence address. (d) Illegible signatures unless accompanied by a legible printed name may be rejected by the City Clerk. (e) A petition signer may withdraw his signature upon written application to the City Clerk within seven (7) days after the circulated petition has been filed with the City Clerk. Sec. 13.10.050. Sufficiency of Petition. (a) Within ten (10) days from the filing of the circulated petition the City Clerk shall certify on the petition whether or not it is sufficient. (b) If the petition is insufficient, it may be amended or supplemented within ten (10) days after the date on which the petition is rejected as insufficient. (c) Within ten (10) days after supplementary filing the Clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record. Sec. 13.10.060. Protest. If the City Clerk certifies the petition is insufficient, a signer of the petition may file a protest with the City Manager within seven (7) days after the certification. The City Manager shall present the protest at the next regular meeting of the Council. The Council shall hear and decide the protest. Sec. 13.10.070. New Petition. Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition may not be filed sooner than six (6) months after a petition is rejected. -3- . . . . . Sec. 13.10.080. Initiative. (a) The City Clerk shall present a certified petition for initiative to the Council at the next meeting after certification. The Council may reject a petition if the subject matter is within the restrictions set forth in ~13.10.010 of the Code. A rejected petition shall not be submitted to the voters. (b) Unless the City Council enacts substantially the same measure within thirty (30) days of submission of the certified petition, the City Clerk shall, with the aid of the City Attorney, prepare an ordinance or resolution to implement the petition and shall submit it to the voters at the next regular election. The ordinance or resolution shall be published in full in the notice of election but may be summarized on the ballot to indicate clearly the proposal submitted. (c) If a majority of those voting favor the proposal, it becomes effective when the election results are officially declared. (d) The Council may at any time not less than ten (10) days from the date of election adopt an ordinance or resolution to implement the petition. In that event a vote on the initiative shall not be held. Sec. 13.10.090. Referendum. (a) When a petition seeks a referendum vote on an ordinance or resolution, the Clerk shall submit the ordinance to the voters of the City at the next regular or special election. If no regular or special election occurs within seventy-five (75) days of the certification of a sufficient petition, the Council shall hold a special election wi thin seventy-five (75) days of filing. (b) Only if a sufficient petition for referendum is filed within thirty (30) days after final passage of the ordinance or before the effective date of the ordinance does the ordinance against which the petition is filed become suspended pending the referendum vote. During the period of suspension the Council may not enact an ordinance substantially similar to the suspended ordinance but may repeal the suspended ordinance. (c) If a majority legislation, it remains in legislation, it is repealed. of those voting favor the referred effect. If a majority rejects the Sec. 13.10.100. Effect. proposal, results. (a) If a majority of those voting favor an initiative it becomes effective upon certification of the election If a majority of those voting favor repeal of the -4- . . . . . legislation referred, that certification of the election. legislation is upon repealed (b) initiative or provisions, the shall prevail. Where voters have approved at the election referendum petitions which have conflicting provision receiving the largest affirmative vote (c) The Council may not, within two (2) years, act in any way to modify or negate the effect of a successful initiative or referendul'l. If an ordinance against which a referenduM is directed has been repealed by the Council after a petition has been filed but before the referendum, the Council may not enact substantially similar legislation for a period of one (1) year after repeal. (d) An unsuccessful initiative or referendum precludes the filing of a new petition for the same purpose sooner than six (6) months after voter disapproval of the initiative or referendum. Article 13.20. Recall. Sec. 13.20.010. Recall. An elected City official may be recalled by the voters of the City after he has served six (6) months in office. Sec. 13.20.020. Grounds. Grounds for recall are misconduct in incompetence, or failure to perform prescribed duties. office, Sec. 13.20.030. petition. (a) A circulated petition seeking recall of one or more City officials is filed with the City Clerk. The petition shall contain (1) the signatures and residence addresses of a number of qualified voters equal to at least twenty-five percent (25%) of the voters who cast ballots at the last general election or special election called for the purpose of electing a City officer; (2) the date each voter signed the petition; and (3) a statement of the grounds of the recall stated with particularity as to specific instances. (b) A petition for recall must be filed with the Clerk within sixty (60) days after the date of the earliest signature on the petition. -5- . . . . . Sec. 13.20.040. Sufficiency of petition. (a) The City Clerk shall review the petition for content and signatures and shall certify on the petition within ten (10) days of the filing date whether it is accepted or rejected. Until the petition is accepted, a petition signer may withdraw his signature upon written application to the Clerk. (b) If the petition is rejected because of insufficient signatures, it may be supplemented by additional signatures within ten (10) days after the date of rejection. If the petition is insufficient for any other reason, it shall be rejected and filed as a public record. (c) Within ten (10) the Clerk shall recertify insufficient, the petition is record. days after supplementary filing, the petition. If it is still rejected and filed as a public Sec. 13.20.050. New Petition. Failure to secure sufficient signatures does not preclude the filing of a nevi recall petition. However, a new petition may not be filed sooner than six (6) months after a petition is rejected. Sec. 13.20.060. Submission. If a recall petition is sufficient, the Clerk shall immediately submit it to the Council. Sec. 13.20.070. Election. (a) If a regular election occurs within seventy-five (75) days of the submission, the Council shall submit the recall at that election. (b) If no regular election will occur within seventy- five (75) days, the Council shall hold a special election within seventy-five (75) days of submission. (c) If a vacancy occurs in the off ice after a recall peti tion is filed, the petition shall not be submitted to the voters. Sec. 13.20.080. Form of Recall Ballots. A recall ballot contains: (1) the grounds as stated in the recall petition; (2) the officer's statement of 200 words or less, if the statement is filed with the Clerk for publication and public inspection within twenty (20) days before the election; and -6- . . . . . (3) the following question: recalled from the office of (office)? "Shall (name of person) be Yes No . " Sec. 13.20.090. Election Procedure. Procedures for conducting a of a regular election. A majority required to recall an officer. recall election are those vote on the question is Sec. 13.20.100. Effect. If an incumbent is not recalled at the recall election, a petition to recall the same incumbent may not be filed sooner than six (6) months after the recall election. Sec. 13.20.110. Election of Successor. If the voters recall an officer, the Clerk shall conduct an election for a successor to fill the unexpired term. The election shall be held at least ten (10) but not more than forty-five (45) days from the date of the recall election. However, if a regular or special election occurs within seventy- five (75) days of the recall election, the successor to the recalled official shall be chosen at that regular or special election. The procedures and requirements for the regular election for the office from which the incumbent is recalled apply to the election conducted under this section. Section 2. This ordinance effective 10 days follmdng enactment. shall become ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 23 day of August, 1982. F SEWARD, ALASKA Mayor AYES: NOES: ABSENT: BURGESS, CRIPPS', GILLESPIE, O'BRIEN, SORIANO AND SWARTZ NONE MEEHAN ATTEST: APPROVED AS TO FORB: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN 7-~~ Fred B. Arvidson, Esq. (City Seal) -7-