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Ordinance No. 1305 04-22-2013 Ordinance No. 1305 AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL WHEREAS, Minnesota Statute Section 410.12, Subd. 7. allows the Charter to be amended by ordinance upon recommendation of the Charter Commission; and WHEREAS, after review, examination and recommendation by the Fridley Charter Commission, the Fridley City Council hereby ordains that the Fridley City Charter be hereby amended as follows: FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL Section 1: That Section 5.03 be hereby amended as follows: Section 5.03. FURTHER REGULATIONS 3. A petition may be signed by any registered voter. A petition can be circulated and verified only by a registered voter who has signed the same. All the signatures on any petition need not be on one (1) signature paper. The circulator of each group of signature papers shall be verified as the circulator of the same by attached affidavit which states that each signature was signed in the circulator's presence and is of the person that the same purports to be and that each signer was affirmed as a registered voter at the residence stated thereon. Any paper lacking such affidavit or verified by an affidavit false and untrue is insufficient and void of effect. (Ref. Ord. 625, 857, 1142) A petition may shall be circulated only by a registered voter of the City. A petition may s shallbe signed by any registered voter of the City. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall be certified as the circulator of the petition by an attached notarized affidavit which states: (1) that the circulator has signed the petition; (2) that each signature was signed in the circulator's presence; (3) the signature is from the person who signed the petition in front of the circulator; and (4) that each signer affirmed they were a registered voter at the residence stated thereon. Any signature paper lacking the notarized affidavit shall be void. If void, the signatures on that paper shall not be used in the calculation of signatures needed to fulfill the petition requirement. Section 2: That Section 5.05 be hereby amended as follows: INITIATIVE Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The completed petition for the adoption of any ordinance not yet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall Ordinance No. 1305 Page 2 not be complete unless signed by at least ten percent (10%) fifteen percent (15%) of the total number of registered voters as of January 1st of that year votes cast at the last state general election in the City. 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 registered voters: NameAddress (Please Print) (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name Birth Year Address ( Signature (Please Print) Please Print) At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 3: That Section 5.06 be hereby amended as follows: Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within five (5) ten (10) days after the filing of the completed petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least ten percent (10%) fifteen percent (15%) of the total number of registered voters, as of January 1st of that year votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more members of the petition committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given thirty (30) ten (10) days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The calculation of the ten days begins on the date the letter is postmarked. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify one (1) or more members of the each member of the petition committee of that fact. Section 4: That Section 5.07 be hereby amended as follows: Section 5.07. ACTION OF THE COUNCIL ON INITIATIVE PETITIONS. When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of Ordinance No. 1305 Page 3 the total number of registered 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 sixty-five (65) days after the date upon which it was 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 petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen percent (15%) of the total number of registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than fifty- three (53) nor more than sixty (60) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the electorate. (Ref. Ord. 857, 1142, 1252) A. Completed Petition With Signatures Under 25% When the completed petition is found to be sufficient, with the number of signers of the petition not less than fifteen percent (15%) and less than twenty-five percent (25%) of the total votes cast at the last state general election, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. 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 a majority of the petition committee, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election. B. Completed Petition With Signatures of 25% or More When the completed petition is found to be sufficient with the number of signers of the petition equal to at least twenty-five percent (25%) or more of the total votes cast at the last state general election, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition, the Council shall call for an election and place the question on the ballot. If the petition is submitted by July 1st of an even year, the question shall be placed on the next regular municipal election ballot. If the petition is submitted after July 1st of an even year or during an odd year, the Council shall call for a special election subject to Minnesota Election Law. Ordinance No. 1305 Page 4 Section 5: That Section 5.08 be hereby amended as follows: Section 5.08 INITIATIVE BALLOTS The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on such an 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 ; but same election the voter shall be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances shall not go into effect until the City Council has had sixty (60) days to resolve the inconsistencies. Section 6: That Section 5.10 be hereby amended as follows: REFERENDUM Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent (15%) of the total number of registered voters as of January 1st of that year votes cast at the last state general election in the City request that any such ordinance be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into operation. Section 7: That Section 5.11 be hereby amended as follows: Section 5.11. REFERENDUM PETITIONS. Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall file a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a copy to which the city clerk has affixed the words: “Proposed Ordinance on File. Fridley City Clerk _____, Date _____.” A referendum petition shall read as follows: 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 registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. Ordinance No. 1305 Page 5 The undersigned registered voters, 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 submission to the electorate for their approval or disapproval. Name (Birth Year Address Signature Please Print) (Please Print) At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 8: That Section 5.12 be hereby amended as follows: Section 5.12. FILING OF REFERENDUM PETITIONS 2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE Within five (5) ten (10) days after the filing of the completed referendum petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number st is at least fifteen percent (15%) of the total number of registered voters, as of January 1 of that year votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once forthwith notify one (1) or more members of the petition committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given thirty (30) ten (10) days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The calculation of the ten days begins on the date the letter is postmarked.The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk’s office, no further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify one (1) or more members each member of the petition committee of that fact. Section 9: That Section 5.14 be hereby amended as follows: Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or by aye and nay vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance by August 1st of an even year, the question shall be placed on the next regular municipal election ballot. If approved after August 1st of an even year, the Council shall immediately order a special election to be held thereon, not less than 53 days nor more than 60 days after such meeting, or submit the ordinance at the next regular municipal election subject to Minnesota Election Law. Ordinance No. 1305 Page 6 Section 10: That Section 5.17 be hereby amended as follows: Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total number of registered voters of votes cast in the last state general election in the Ward or City represented by the office holder as of January 1st of that year. Each signature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of . . . . . . . . . from office as . . . . . . . . which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: Name Address 1. 2. 3. 4. 5. The undersigned registered voters, 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 (Birth Year Address Signature Please Print) (Please Print) At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 11: That Section 5.18 be hereby amended as follows: Section. 5.18 FILING OF PETITION. Within thirty (30) days after the filing of the original proposed petition, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next five (5) ten (10) days, and if the City Clerk finds it irregular, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters of votes cast in the last state general election in the Ward or City represented by the office holder as of January 1 of that year, the City Clerk shall at once so notify one (1) or more members of the petition committee advising the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. The calculation of the ten days begins on the date the letter is postmarked.The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that time the City Clerk finds the petition still insufficient or irregular, one (1) or more all Ordinance No. 1305 Page 7 the members of the petition committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall be taken thereon. Section 12: That Section 5.19 be hereby amended as follows: Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, 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 resolution, provide for the holding of a special recall election not less than fifty-three (53) nor more than sixty (60) days after such meeting, but if any other election is to occur within sixty (60) days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time subject to Minnesota Election Law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF 2013. __________________________ SCOTT J. LUND, MAYOR ATTEST: _______________________________ DEBRA A. SKOGEN, CITY CLERK Public Hearing Notice Published on: March 7, 2013 Public Hearing: March 25, 2013 First Reading April 8, 2013 Second Reading April 22, 2013 Published on: May 2, 2013