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HomeMy WebLinkAboutOrd1986-567 . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RE-ENAcrING CHAPTER 13 OF THE SEWARD CITY CODE (INITIATIVE, REFERENDUM AND ROCALL) 'I'O CONEDRM'I'O THE ROCALL PROVISIONS IN ALASKA STATUTFS TITLE 29 THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Chapter 13 of the Seward City Code is hereby repealed and re-enacted to read as follONS: CHAPTER 13 INITIATIVE, REFERENDUM AND ROCALL Article 1. Initiative and Referendum Sec. 13-1. Reservation of powers. (a) In accordance with the city charter, the powers of ini tiati ve and referendum are reserved to the qualified voters of the city of Seward. The voters of the city, by initiative, nay propose and enact any ordinance which the city council has power to enact under the charter except as otherwise provided in this section. The voters of the city, by referendum, nay approve or reject any ordinance passed by the city council except as otherwise provided in this section. (b) Ordinances dedicating revenues; ordinances naking, 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 initiative or referendum. Ordinances creating courts, defining the jurisdiction of courts or prescribing their rules shall not be subject to initiative. Ordinances necessary for the i.rmediate preservation of the public peace, health or safety (exrergency ordinances) shall not be subject to referendum. Sec. 13-2. Application for petition. (a) An initiative or referendum is proposed by filing an application with the city clerk containing the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the address to which all correspondence relating to the petition nay be sent. An application shall be signed by at least 10 voters who will sponsor the petition. An additional sponsor nay be added at any time before the petition is filed by submitting the narre of the sponsor to the clerk. Within bNo weeks, the clerk shall certify the application if the -1- . . . CITY OF SEWARD, AlASKA ORDINANCE NO. 567 clerk finds that it is in proper form and, for an initiative petition, that the matter (1) is not restricted by Section 13-1 of the city code; (2) includes only a single subject; (3) relates to a legislative rather than to an administrative matter; and (4) would be enforceable as a matter of law. (b) A decision by the clerk on an application for petition is subject to judicial review. Sec. 13-3. Contents of petition. (a) Within two weeks after certification of an application for an initiative or referendum petition, a petition shall be prepared by the city clerk. Each copy of the petition shall contain (1) a sumrary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred; (2) the conplete ordinance or resolution sought to be initiated or referred as submitted by the sponsors; (3) the date on which the petition is issued by the clerk; (4) notice that signatures Irn.lst be secured within 90 days after the date the petition is issued; (5) spaces for each signature, the printed narre of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer; (6) a staterrent, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose narres they purport to be; and (7) space for indicating the total nurrber of signatures on the petition. (b) If a petition consists of rrore than one page, each page shall contain the sumrary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred. -2- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 567 (c) Copies of the petition shall be provided to each sponsor by the clerk. Sec. 13-4. Signature requirerrents. (a) The signatures on an initiative or referendum petition shall be secured within 90 days after the clerk issues the petition. The staterrent provided under Section 13-3 (a) (6) shall be signed and dated by the sponsor. Signatures shall be in ink or indelible pencil. (b) The clerk shall detemine the number of signatures required on a petition and infom each sponsor. A petition shall be signed by a nurrber of voters equal to 25 percent of the votes cast at the last regular election held before the date on the petition. (c) Illegible signatures shall be rejected by the clerk unless accorrpanied by a legible printed name. Signatures not accorrpanied by a legible residence address shall be rejected. (d) A petition signer may signature on written application certification of the petition. withdraw to the the signer's clerk before Sec. 13-5. Sufficiency of petition. (a) All copies of an initiative or referendum petition shall be asserrbled and filed as a single instrurrent. Within 10 days after the date the petition is filed, the clerk shall and (1) certify on the petition whether it is sufficient; (2) if the petition is insufficient, identify the insufficiency and notify the sponsors by certified mail at the address provided under Section 13-2 of this code. (b) A petition that is insufficient may be supp1errented with additional signatures obtained and filed before the eleventh day after the date on which the petition is rejected. (c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplerrented under (b) of this section. Within 10 days after a supplerrentary filing, the clerk shall recertify the petition. If it is still insufficient, the petition shall be rejected and filed as a public record. Sec. 13-6. Protest. If the clerk certifies an initiative or referendum petition is insufficient, a signer of the petition may file a protest with the city manager within seven days after the certification. The city manager shall -3- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 567 present the protest at the next regular rreeting of the city =uncil. The city =uncil shall hear and decide the protest. Sec. 13-7. New petition. Failure to se=e sufficient signatures does not preclude the filing of a new initiative or referendum petition. HONever, a new petition on substantially the same matter may not be filed sooner than six rronths after a petition is rejected as insufficient. Sec. 13-8. Initiative election. (a) The city clerk shall present a certified sufficient petition for initiative to the =uncil at the first regular rreeting after certification. (b) Unless the city =uncil enacts substantially the same rreasure within thirty days of submission of the certified petition, the city clerk shall, with the aid of the city attorney, prepare an ordinance or resolution to irrplerrent the petition and shall submit it to the voters at the next regular election. . (c) The ordinance or resolution initiated shall be published in full in the notice of the election but may be sunm:rrized on the ballot to indicate clearly the proposal submitted. (d) If a majority vote favors the ordinance or resolution, it shall becorre effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution. (e) The =uncil may at any tirre not less than 20 days from the date of the election adopt an ordinance or resolution to irrplerrent the petition. In that event, a vote on the initiative shall not be held. Sec. 13-9. Referendum election. (a) Unless the ordinance or resolution is repealed by the council, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election. If no regular election occurs wi thin seventy-five days of the certification of a sufficient petition, the council shall hold a special election within seventy-five days of submission to the council. . (b) If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the city council may not enact an ordinance or resolution substantially similar to the suspended rreasure. -4- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 567 (c) If the council repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters. (d) If a majority vote favors the repeal of the matter referred, it is repealed. otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. Sec. 13-10. Effect. (a) The effect of an ordinance or resolution may not be IlDdified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the sane rreasure has been filed. (b) If an ordinance or resolution is repealed in a referendum election or by the city council after a petition that contains substantially the sarre rreasure has been filed, substantially similar legislation may not be enacted by the city council for a period of two years. (c) If an initiative or referendum rreasure fails to receive voter approval, a new petition application for substantially the sarre rreasure may not be filed sconer than six IlDnths after the election results are certified. Article II. Fecall Sec. 13-11. Recall. An official who is elected or appointed to an elective city office may be recalled by the voters after the official has served the first 120 days of the tem for which elected or appointed. Sec. 13-12. Grounds for recall. misconduct in office, incCJIrpetence, prescribed duties. Grounds for recall are or failure to perform Sec. 13-13. Application for recall petition. (a) An application for a recall petition shall be filed with the city clerk and shall contain (1) the signatures and residence addresses of at least 10 city voters who will sponsor the petition; (2) the address to which all correspondence relating to the petition may be sent; and (3) a staterrent in 200 words or less of the grounds for recall stated with particularity. -5- . . . . . CITY OF SEWARD, AIASKA ORDINANCE NO. 567 (b) An additional sponsor may be added at any tirre before the petition is filed by submitting the narre of the sponsor to the clerk. Sec. 13-14. Recall petition. (a) If the city clerk determines that an application for a recall petition rreets the requirerrents of Section 13-13 of the city code, the clerk shall prepare a recall petition. All copies of the petition shall contain (1) the narre of the official sought to be recalled; (2) the staterrent of the grounds for recall as set out in the application for petition; (3) the date the petition is issued by the clerk; (4) notice that signatures Im.1st be se=ed within 60 days after the date the petition is issued; (5) spaces for each signature, the printed narre of each signer, the date of each signature, and the residence and mailing addresses of each signer; (6) a staterrent, with space for the sponsor's sv.orn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose narres they purport to be; and (7) space for indicating the number of signatures on the petition. (b) Copies of the petition shall be provided to each sponsor by the clerk. Sec. 13-15. Signature requirerrents. (a) The signatures on a recall petition shall be se=ed within 60 days after the date the clerk issues the petition. The staterrent provided under Section 13-14 (a) (6) of this code shall be corrpleted and signed by the sponsor. Signatures shall be in ink or indelible pencil. (b) The clerk shall determine the number of signatures required on a petition and infom each sponsor. The petition shall be signed by a number of voters equal to 25 percent of the number of votes cast for that office at the last regular election held before the date the petition was issued. -6- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 567 (c) Illegible signatures shall be rejected by the clerk unless accorrpanied by a legible printed name. Signatures not accarpanied by a legible residence address shall be rejected.. (d) A petition signer may withdraw signature upon written application to the certification of the petition. the signer's clerk before Sec. 13-16. Sufficiency of petition. (a) The copies of a recall petition shall be assembled qnd filed as a single instrurrent. A petition may not be filed within 180 days before the end of the tem of the office of the official sought to be recalled. Within 10 days after the date a petition is filed, the city clerk shall (1) certify on the petition whether it is sufficient; and (2) if the petition is insufficient, identify the insufficiency and notify the sponsors by certified mail at the address provided under Section 13-13 (a) (2) of this code. (b) A petition that is insufficient may be supplerrented with additional signatures obtained and filed before the 11th day after the date on which the petition is rejected if (1) the petition contains an adequate number of signatures, counting both valid and invalid signatures; and (2) the supplerrentary petition is filed nore than 180 days before the end of the tem of office of the official sought to be recalled. (c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplerrented under (b) of this section. Within 10 days after the supplerrentary filing, the clerk shall recertify the petition. If it is still insufficient, the petition shall be rejected and filed as a public record. Sec. 13-17. New recall petition application. A new application for a petition to recall the same official may not be filed sooner than six nonths after a petition is rejected as insufficient. Sec. 13-18. Submission. If a recall petition is sufficient, the clerk shall submit it to the city council at the next regular rreeting or at a special rreeting held before the next regular rreeting. -7- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 567 Sec. 13-19. Election. (a) If a regular election occurs within 75 days but not sooner than 45 days after submission of the petition to the city =uncil, the city =uncil shall submit the recall question at that election. (b) If no regular election occurs within 75 days, the city council shall hold a special election on the recall question within 75 days but not sooner than 45 days after a petition is submitted to the city oouncil. (c) If a vacancy occurs in the office after a sufficient recall petition is filed with the clerk, the recall question may not be submitted to the voters. The city =uncil may not appoint to the same office an official who resigns after a sufficient recall petition is filed naming that official. Sec. 13-20. Fonn of recall ballot. A recall ballot shall contain (1) the grounds for recall as stated in 200 words or less on the recall petition; (2) a staterrent by the official narred on the recall petition of 200 words or less, if the staterrent is filed with the clerk for publication and public inspection not less than 20 days before the election; and (3) the following question: "Shall (name of person) be recalled from the office of (office)? Yes [] No []". Sec. 13-21. Effect. (a) If a majority vote favors recall, the office becorres vacant upon certification of the recall election. (b) If an official is not recalled at the election, an application for a petition to recall the same official may not be filed sooner than six rronths after the election. Sec. 13-22. Successors. (a) If an official is recalled from the city =uncil, the office of that official shall be filled in accordance with Section 2-14 of this code. If all rrerrbers of the city =uncil are recalled, the governor shall appoint three qualified persons to the city =uncil. The appointees shall appoint additional rrerrbers to fill the remaining vacancies in accordance with Section 2-14 of the city =de. (b) a person appointed under (a) of this section serves until a successor is elected and takes office. -8- . . CITY OF SEWARD, ALASKA ORDINANCE NO. 567 . Section 2. This ordinance shall take effect ten (10) days follo.ving enactrrent. ENACI'ED BY THE CITY mUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of June , 19 86 THE CITY OF SEWARD, ALASKA ~. C-&.-',~ .4. HAAAY E FSELER, MAYOR Booher, Gieseler, Gillespie, Hilton, Meehan, Scholl & Sirnutis None None None AYES: NOES: ABSENT: ABSTAIN: ATI'EST: APPROVED AS 'ID FORM: HUGHES, THORSNESS, GANTZ, POilliLL AND BRUNDIN, Attorneys for the City of Seward, Alaska . ~121~ Fred B. Arvidson, City Attorney (City Seal) Introduced By: City Manager Introduction Date: 05/12/86 Public Hearing & Enactment Date: 06/09/86 . -9-