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CHA 02/26/1996 City of Fridley A G E N D A CHARTER COMMISSION MEETING, MONDAY, FEBRUARY 26, 1996 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: APPROVE CHARTER COMMISSION MINUTES: November 27, 1995, last paragraph of page 6 which continues on page 7 APPROVE CHARTER COMMISSION MINUTES: January 29, 1996 APPROVE AGENDA: 1. Report of Nominating Committee (Commissioners Gordon, Hoiby, and Fitzpatrick) 2 . Consideration of Chapter 5: INITIATIVE, REFERENDUM AND RECALL (Presenters) a. Sections 5.01 through 5.09, Commissioner Gordon. b. Sections 5.10 through 5. 12, Commissioner Clark. c. Sections 5.13 through 5.19, Commissioner Nielsen. 3. Consideration of items for future discussion. 4. Adjournment. Next meeting: March 25, 1996 at 7:00 p.m. Conference Room A (Main Level) • For 1/29/96 meeting ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. 1. On thc first official busincss day January following a • • At this time, The Council shall hold the first regular meeting of the year on or before the ninth day of January. At this meeting the anv newly elected members of the Council shall assume their duties. Thereafter, the Council shall facet at ouch timc3 a3 may be prescribcd by resolution, cxccpt that hold regular meetings at a fixed time at least once each month as prescribed by resolution. A regular meeting is one that is scheduled by resolution, at which formal action is taken, and for which minutes are recorded. 2 . A special meeting of the Council may be called as needed by 'lithe Mayor or any thrce (3) two (2) mcmbcrs of thc Council may call spccial mcetings of the Council Councilmembers upon compliance with the notification requirements in Minnesota statutes and upon at least twelve (12) hours' notice to each member of the Council. Such notice shall. must be del =___red communicated personally to each member or be left at the •- - - - - _ - - - _ - - - _ - - - - - to a person of suitable age and discretion then residing therein at the member's usual place of residence, or :-�.,. en notice thcrcof shall be lcft found thrce of the meeting must be transmitted to the member's residence. The presence of any member of the Council at a special meeting shall constitute a waiver of any formal notice unless the member appears for the epee-� purpose of objecting to the holding of suteh the meeting. Formal action is taken at a special meeting, and minutes are recorded. The—Gettnell • 3. From time to time the Council may hold conference meetings at which matters are discussed but no formal action is taken. 4. All meetings of the Council shall be public unless otherwise specified by law. and eAny person shall have access to the any Council meeting minutes end or records= at all reasonable times unless access is restricted by state or federal law. ,. - - _ _ . _ - (1) votc. (Ref. Special Election 4/12/60, Ord. 857) Section 3.02. SECRETARY OF COUNCIL. The Council shall choose a Secretary and such othcr officers and _ - to serve at its meetings. The Secretary shall keep prepare the journal of minutes of proceedings_ The Secretary shall also prepare such other records and perform seer other duties as may be required by this Charter or by vote of the Council. The Council may designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. Section 3.03. RULES OF PROCEDURE AND QUORUM. The Mayor and other members of the Council each have one vote. The Council shall dctcrminc its own rules and ordcr of business and ohall kccp a journal of its procccding3. A majority of all the Three Councilmembers Shell constitute a quorum to do business, but a lesser number may adjourn from time to time. The Council may determine its own rules and order of business and must keep a journal of its proceedings. Section 3 .04. ORDINANCES, RESOLUTIONS AND MOTIONS. Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting. All administrative business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and resolutions the ayes and noes shall be recorded unless the vote is declared unanimous. A majority votc of all of the An affirmative vote of at least three (3) members of the Council ohall be is required for the passage of all ordinances, motions, and resolutions except as otherwise provided in this Charter. Resolutions and motions require a majority vote of the Councilmembers in attendance at the meeting. except as otherwise provided in this Charter. Section 3. 05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain. " Every ordinance other than emergency ordinances shall have two (2) public readings in full=and with at least seven (7) days ohall clap3o between the first reading and the second reading. All Any legislation prescribing a penalty for its violation thereof shall be enacted in the form of an ordinances. Section 3.06. EMERGENCY ORDINANCES. 1. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, and which is passed by a vote of at least three (3) members of the Council, as recorded by ayes and noes. posted in three (3) conspicuous places in the City and twenty four (24) hours after such filing and posting shall have • 2. No person(s) , firm or corporation charged with violation of the emergency ordinance shall be prosecuted unless: al the person(s) , firm or corporation has had notice of the passage of the ordinance; or LI the ordinance has been filed with the City Clerk, posted in three conspicuous places in the City, and twenty-four (24) hours after the filing and posting have elapsed; or cl the ordinance has been published. 3. No grant of any franchise shall ever be made by an emergency ordinance. Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Every ordinance passed by the Council shall be signed by the Mayor, or by three (3) other members of the Council, and attested by the City Clerk, published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinance clearly informs the public of its intents and effect, the Council may by four (4) three (3) affirmative votes of its members direct the City Manager to publish only the title of the ordinance together with a summary, with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and at any other location designated by the Council. Prior to the publication of the title and summary, the Council • shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill all legal requirements • wed. 3. Every ordinance shall be recorded in its entirety by the City Clerk in a book kept for that purpose, within twenty (20) days after publication of the ordinance or of its title and summary. Proof of the publication shall be attached to and filed with the ordinance. 4. All resolutions and motions duly passed at each meeting of the Council may, at the discretion of the Council, be published in full or in part in the official newspaper of the City. In the case of partial publication, it shall be indicated in what respect they are incomplete. 5. Any administrative rule or regulation of any department of the State of Minnesota affecting the City or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an organization for general circulation and use may be adopted and incorporated in an ordinance by reference thereto and by marking the thrcc (3) copics thcrcof a copy of it as "official copic3y" and filing them it for reference and inspection in the office of the City Clerk. The publication requirements of this Charter shall be as fully satisfied in such casts by this method as if the material had been set forth in the ordinance in full. (Ref. Ord. 767, Ord. 780) Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. Emergency ordinances, except as provided in Section 3 .06 of this Chapter, and ordinances making the annual tax levy, disbursing money, determining the annual budget and providing for local improvements and assessments, shall take effect immediately upon their passage. -4 Every other ordinances enacted by the Council Shall takes effect fifteen (15) days after the date of their its publication, unless a later effective date is fixed therein in it. A3� resolutions shall takes effect upon their its passage. Section 3. 09. AMENDMENT AND REPEAL OF ORDINANCES. No ordinance or section thereof of an ordinance shall be amended or repealed except by ordinance. Every repealing ordinance shall refer to the ordinance repealed by title, date of passage and section number or numbers. No ordinance or section= of an ordinance shall be amended by reference to its title alone;_ but sueh The amending ordinance shall set forth in full each section or subsection as amended; provided, however, that tThis requirement shall not apply to amendments to zoning ordinances. Section 3. 10. CODIFICATION OF ORDINANCES. The ordinances of the City shall., within two (2) ycara from the adoption of thin Chartcr, and at intervals thereafter-of not more than five (5) years, be rcviacd, rearranged and codified with such additions and deletions as may be deemed necessary by the Council. Such The codification shall be published in book or continuously revised loose-leaf form or stored by electronic means such as a computer. dcCopies thereef of the Code of City Ordinances or any portion of it shall be made available by the Council at the office of the City Clerk for general distribution to the public at a reasonable charge. Such publication shall be a sufficicnt Each copy shall contain a printed certificate , attested to by the City Clerk, that the publication is correct., and such each copy so published shall be received in evidence in all courts for the purpose of providing the ordinances } ft contained in it, the same as though if the original ordinances were produced in court. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Id I JUN 2 0 1995 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 June 19, 1995 Bill Hunt 6431 University Avenue Northeast Fridley,MN 55432 Dear Mr. Hunt: I was asked to respond to your recent request for sample charter provisions containing initiative, referendum,and recall provisions. I have enclosed the following with this letter: Sample charter provisions from Bloomington, Columbia Heights, Crystal, Mankato,Duluth, St. Cloud,Virginia,Waseca,and West St. Paul) "Initiative,Referendum,and Recall in Minnesota Charter Cities"(memo 335E) "Considerations in Including Referendum and Recall Provisions in a City Charter" (Memo 335E) "Charter language for Initiative and Referendum granting maximum power to the citizens"(memo 335E) A Model Charter for Minnesota Cities(LMC 100a.5) I have enclosed a number of sample charter provisions from various city charters that we have on file that should give you some idea of what other home rule charter cities have done in this area. While many of them could serve well as models in drafting your own such charter provision,you will need to make some modifications to tailor them to your own city's needs. You should also have the city attorney review it prior to its adoption to ensure that it is legally enforceable and that it will not conflict with any other provisions in your city charter. Next,I have included several memos from our files that are on related notes that may be of interest. Please note the discussions regarding the constitutionality of recall provisions as there is still some question as to whether such a provision would hold up if challenged in court. Last,I have enclosed a copy of our model charter,which contains some sample language for Initiative and Referendum. I hope that these items will prove helpful. Please contact our office if we can be of further assistance. Sincerely, Theresia Perry Research Specialist encl. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800-925-1122 TDD(612)490-9038 Fax(612)490-0072 d,&L,I,A.. 1♦♦♦ 1122V: 4# • INFORMATION SERVICE - �' - of • League of Minnesota Cities 480 Cedar Street '' ' •' .ta 55101 General & Special 'N- "Initiative, Referendum and Recall in V'335E Minnesota Charter Cities" 1/*100A =r , T _ "Initiative", "referendum", and "recall" are three devices by which the voters in a charter city can exercise a greater degree of control over the actions of the city councils. "Initiative" is a device 'by which, through a petition of the voters, the council can be forced to adopt..an ordinance proposed in the petition or if it does not do so, to refer the measure petitioned for to the voters . for their adoption. An ordinance thus approved by the voters has the same effect as one adopted by the council; under some charters it•has more, since-%, it may not be later repealed without popular approval. "Referendum" is a similar device under which a requisite number of voters `` by petition may suspend the operation of an ordinance adopted by the council` _ e and thus force its submission to the voters for .their approval or rejection. An ordinance thus approved usually has the same effect as an ordinance adopted under the initiative provisions. f ' z r , "Recall" is a device under which the requisite number of voters :by petition , �„?, may force a special election for the removal of an elective city officer , during his term. Under some recall provisions the official to be recalled _ runs against the field of other candidates; under others a majority of the voters must first approve recall of the official before the votes for his successor are counted and if a majority favor his recall, the recalled official , may not be a candidate in the recall. election, which is held on the same day. When the charter provides for election of any part of the council by wards, ' the petition requirement is ordinarily calculated by reference to the votes : cast in the ward. In Minnesota the use of the recall has been limited by x { a decision of the Minnesota Supreme Court. See Jacobson vs. Nagel, 255 Minn. 300, 96 N.W. (2d) 569 (1959). In that case the court held that since recall `.,; is a form of removal, it is subject to the limitations of Article XIII, Section s 2 of the Minnesota Constitution, which allows removal only for malfeasance or )ft8 - nonfeasance. Since this is often not something which can be treated by the election process, recall provisions are of little practical significance. Nevertheless, over half of the charters of Minnesota cities include recall provisions, including a number of recently adopted charters. Of the 1 charter cities., include' provisions for initiative and referendum while an additional 7 provide for referendum but not initiative. 56 charters provide for recall; only three of these do not also contain initiative and referendum provisions. 1, 1° d,a I9( ‘ , / , . PAGE 2 . _ I The following chart summarizes the initiative, referendum, and recall . t provisions in Minnesota charter cities. The number of signatures needed on - an initiative, referendum, or recall petition is most commonly stated as a percentage of the total vote at the last election. Other methods include specifying a percentage of the vote for mayor, governor, or president, or a percentage of the number of registered voters, either currently or as of the last election. A few charters require a specific minimum number of signatures, and several require that the number of signatures exceed both a minimum percentage and a minimum number. Commonly, charters will provide that a certain percentage of voters may force an initiative prc'viss��'�n to be placed on the ballot of the next regular election, while a � number of signers can force a-special election to be called. The chart shows both figures where applicable. Where the sane - percentage is shown in both columns, the charter in question requires a special election on all initiatives, unless a regular election is scheduled within a specified time. The letters -following the numbers in the "percent" columns are to be interpreted as follows: - T - Total vote at last election -r - Tom,: (/O -.o TM - Total vote for mayor at last election TG Total vote for governor at last election " 14 5 t-atclie , TP - Total vote for president at last election fr■ T& a.r cc RC - Total number of currently registered voters RL - Total number of registered voters as of last election Thus "10TM" would indicate that the minimum number of signatures required would be 10% of the total vote for mayor at the last election, for example. - INITIATIVE To Force Gen. Elec. To Force Sp. Elec. REFERENDUM RECALL '. Minimum Minimum Minimum Minimum Minimum Minimum Minimum Minimum City Percentage Number Percentage Number Percentage Number :' Percentage t�Number Ada - , - - - 15TM 75 - - . Albert Lee--- e , 10T , - 15T - 15T - Alexandria 10T 15T �5T _ �5T _ Anoka - 10T - 20T - 20T - 25T - Ar_linFton -. - - -. 15T _ - - - - Barnesville QQ - - - 265 2C1R . - - Bexidji tqn- � .1IaRC , 298- ` - .-eon' r?r5?C' = Benson - - - - 15T - - Plz ine .`10T - - 15T - . 15T • - - - �` Bloomington 10T - 15T - 15T - 25T - Blue Earth 10T 15T - 15T - 25T - B~ainerd - - - - - - 25T - - Breckenridge - - - - 15T:G' - - - Brooklyn Ctr. 5RL - 15RL - IORL - - - 20 Ti�1 26 TO f3iIva/90c zo 'IoTM INITIATIVE To Force Gen. Elec. To Force Sp. Elec. REFERENDUM RECALL 1 Minimum Minimum Minimum Minimum Minimum Minimum Minimum Minimum : City ercentaaa Number Percentage Number Percentage Number Percentage Number Brooklyn Pk 15RC* 2000* 15RC* 2000* 15RC* 2000* 25RC- - Mayor 5ORC- Council Canby - .20 _ - 50 - 25 - 50 Chatfi. ld - - - - 15T _ - Chisholm 10TM - 20TM - 20TM - 25T Colum. Hgts. 2OT - 20T - 20T - 25T - ! Coon Rapids 15T - 30T - 15T - - - Crookston - - - - - - 25T _ Crystal 5RL - lORL - 5RL - 1ORL - Dawson 60TH - • 6OTM: - 60TH - Duluth 10T - • 20T - 10T - 25T Ely 2'0• TM - ?OTM - 20TM _ 4_, 4, Eveleth 10TM 20TM - 20TM _ - 30TM - Fairmont 10T 100 15T • - 15T - 25T - Faribault 20TM -. 20TM 20TH - -.. - Ferris Falls 5RL - lORL lORL lORL - Fridley lORC 15RC - 15RC - 25RC - Gaylord 10T - 15T - - 15T - 25T Gilbert 25TM - 25TM - 25TM - - Glenwood 15TH - 20TM - 20TM - 15TM Granite Falls 10T - 25T - 25T - _ 25T ¢}, Hopkins 10T - 15T - 15T - 25T Hutchinson 10T - 15T - 15T - 25T - m. l.a 10 14ar R -- 1bieL - In/'L • — 2K1,161.0 /SIC 1 _ IsT - 1,5 81., * Total signatures must equal the lesser of 15% or 2,000. • ' ° INITIATIVE • To Force Gen.Elec. To Force Sp.Elec. REFERENDUM RECALL Minimum Minimum Minimum Minimum Minimum Minimum Minimum Minimum! City Percentage Number Percentage Number Percentage Number Percentage Number Int'i.Falls 5TM - 15TM - 7TM - 25T - Jackson 5RL - lORL - 15RL - 25RL - Lake City 15T - 15T - 15T - - - Lake Crystal 10TM` 50 15TM - 1OTM 50 25TM 100 LeSueur 15T* - 25T* - 15T* - 30T* - Litchfield 10T - 15T • - 15T - 25T Little Falls 5RL - lORL - lORL - lORL - Luverne - 50 - 200 100 - 500 Madison 10T - 25T - - 25T - 25T - k Mankato 5RC - 5RC - 5RC -. 5RC - • Marshall 10T 100 - 200 15T 150 .`500 Minnetonka lOT - 20T - 20T - - - Montevideo 10T - 25T - 15T • - 25T - K Moorhead 10TP 10TP - 10TP - - - Morris 10T - 10T - 25T - 25T " 100 i New Prague 20T - 20T - 20T New Ulm 10T - 20T - 15T - 25T - Northfield IV' '50 15T - 15T - 25T 2S0 Ortonville - - - - 15TM - - - Pipestone 20TM - 20TM - 20TM - Red Wing 10T - 15T - 15T - 25T - Redwood Falls 10T - 15T - 15T - 25T Richfield 5RL - 15RL - lORL - - Robbinsdale 15RL - 2ORL - 15RL - 25RL - St. Charles 10T - 15T - 15T - 25T - St. Cloud 5RL - 15RL - 5RL - 25RL- - St. Francis 20T - 20T - 20T - - - St. Paul 8TM - 8TM - 8TM - 20TM - Sauk Centre 2OTG - 30TG - 25T - 30T 50 Raimati - ch a►-f-k Y eLpp Y&h li j,N/s l M ; 04 V S t. 4-- rutzita,�6�U s . C-.44. he► It 5 S I' fri fi.O,,,,, . 1 Q S L i l-ci,,-C-Li dd -- rne,w GL ok &vet,: lw• . Pro b VI 6 c�•a,_. * Presidential election year pAGE 5. ".4 ' ` INITIATIVE ' 'To Force Gen.Elec. To Force Sp.Elec. REFERENDUM RECALL , 1` " Minimum Minimum Minimum Minimum Minimum Minimum Minimum Minimum' J•1 : - Percentage Number Percentage Number Percentage Number Percentage Number . ,1eef)y Eye .i.OT - 15T - 15T - 25T • Singfield 10T - 15T - 15T. - 25T - tales 20TM - 20TM - 20TM - 20TM Tracy 20TM - - 20TM - 20TM - - - '7T ,Harb 's 5TM •y- - 15TM ,- - 7TM. , - 25T, r• - Virginia 15T 15T - 15T - , 25T - • 1 Waseca 10T - 25T - 25T - 25T - West St.Paul 10T - 15T - 15T - - - it Win.Bear Lk. - - - - - •- lORC - i•?i.11mar , 10T - 15T ^- ,- - 15T - 25T Winona 10T - 15T ' - 15T 25T Winthrop 20TM ' 50 20TM f£<''. 50' 20TM 50 ` _:- HOT f 5O1�i`I r�DoT . 7s" ' --, : -- :0 T `-7...$-,, i — MOO/a°S VIEW )OT 5'....' 10:r io •r a of J i wo AAJrr$ ML /ORt 1 0 Xt4 LSR Cities having no cha ter provisions fora:Initiative, Referendum, or. Recall x : . Austin Renville ` 4 y Rochester r -V Browerville Rushford " Cannon Falls St. James • ;' Detroit Lakes air' St. Louis Park East Grand Forks South St. Paul 1; ' Glencoe Stillwater a: Hastings Tower Jordan Wabasha Minneapolis • Warren Minnetonka Beach Wayzata Owatonna Windom - rw Worthington- -3t 6.47.:76(4.441 ?ST:cmt 6/21/78 S • '11 �lll CONSIDERATIONS IN INCLUDING REFERENDUM AND RECALL PROVISIONS 'HI IN A CITY CHARTER. 335E * 1O0A * 415I league of minnesota cities September 11 , 1986 Bonnie Baumetz City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Ms. Baumetz: You have asked my opinion as to whether recall should be included in the Hutchinson charter. To give you some back ground I have enclosed the following items: Iniative, Referendum and Recall in 335E Council •Role in Recall 1O0A Comment (from League Model Charter) 1O0A It is my own feeling that for most cities recall is more trouble and: ` expense than it is worth. If a court must declare the misfeasance - r malfeasance before the recall election occurs, few or no recalls will ever occur. Any that do will likely be after the time when removal"" is a burning issue, because court processes are, so very slow.- If the law is as interpreted by the Duluth City council on advice of their city attorney, the city council or some other municipal body can reasonably determine when alifeasance or malfeasance has occurred and can authorize an election. Then recall is of some utility. However a city relying on a council determination of misfeasance or - . malfeasance must be prepared to defend that process through the court system, at least until there is case law involving other Minnesota cities, supporting such council power. Though the former arguments may be true for most cities, there probably are a number of Minnesota Cities where citizens are extremely interested in maintaining some continuing cheek on elected public officials during their term. That feeling if shared by a considerable number of the electors should be reflected through the charter drafting process or it will probably result in passage of a special recall law for that city or even a general law applicable to '- all cities. Either possibility, if accomplished would tend to undermine the home rule process that lets communities choose the form of government which is best for their particular needs. , Therefore if there is considerable citizen demand, I suggest that re call be included, even though it's utility is limited. 1 83 university avenue east. st. paul. minnesota 55101 (61 2) 227-5600 I hope this answers your questions satisfactorily. In accord with the policy of this office, when a matter comes to us involving legal .;. consideration, we are sending a copy of this letter to the attorney "==;?` for your city for his information. Sincerely, Stanley G. Peskar General Counsel Eno. • • • 335E .1■1. Gen'l & Spec. Memo 3490 LezingtonAvenue North 12-1-93 St,Paul,MN 55126-8044 League of Minnesota Cities (612)490-5600 December 1, 1993 harter language for Initiative and Referendum granting maximum sowers to the citizens. Bruce G. Nawrocki City Council President City Hall 590 40th Avenue NE Columbia Heights, MN 55421 Dear Bruce: This letter is in response to your request of November 22nd for sample home rule charter language that is most generous to the city's citizens in authorizing initiative and referendum power, but which does not purport to authorize use of initiative and referendum in situations where the constitution, statutes, and court decisions of the State of Minnesota would not. permit its use br In this regard, it is important to note that M.S. § 410.20 establishing authority for recall, initiative, and referendum within home rule charters, provides that a home rule charter commission ". . . may also provide for submitting ordinances to the council by petition of the electors of such city and for the repeal of ordinances in like manner, and may also provide that no ordinance passed by the council, except an emergency ordinance, shall take effect within a certain time after its passage, and that if, during such time, a petition be made by a certain percentage of the electors of the city protesting against the passage of such ordinance until the same be voted on at an election held for such purpose, and then such ordinance to take effect or not as determined by such vote." (Underlining supplied) The statutory authority for submitting petitions for enactments is specifically limited to ordinances. Likewise, the statutory authority for referendum on an ordinance enacted by the council, is specifically limited to nonemergency ordinances. The constitution of the State of Minnesota in Article XII, sections 4 and 5, simply authorizes home rule as prescribed by statute. Thus, the broadest language that a charter should contain is "the people of the city reserve to themselves the power, in accordance with the provisions of this charter a) to initiate and adopt ordinances, b) to require ordinances enacted by the council to be referred to the voters of the city for approval. However, depending upon the kinds of matters which your home rule charter or proposed charter intends to be handled by enactment of an ordinance, I think the above language is too broad and thus could lead to confusion and litigation over the question whether administrative matters could be subject to a referendum if the administrative matter has been enacted by ordinance or if administrative provisions might be initiated by the electorate in the form of an ordinance. / - Bruce G. Nawrocki December 1, 1993 Page Two Please find enclosed relevant parts of Oakman v. City of Eveleth, 163 Minn. 100, 203 N.W. 514 (1925). In this case, the court refuses to interpret the Eveleth city charter in such a manner as to subject administrative decisions to initiative or referendum, despite very broad language in the city charter authorizing the city elections by initiative "to enact appropriate legislation and to do and perform any and all acts and things which may be necessary and proper to carry out the general powers of the city. . ." While the court in Oalanan did not specifically say that a home rule charter can never subject administrative decisions of a city to initiative and referendum, I think that's how the case should be read. That is especially true in light of subsequent cases, Anderson v. City of Two Harbors, 244 Minn. 496, 70 N.W.2d 414 (1955) and HRA of Minneapolis et al. v. City of Minneapolis et al., 226 Minn. 227, 198 N.W.2d 531 (1972), both of which cases seem to assume that administrative matters cannot be the subject of initiative or referendum. The Attorney General has reached the same conclusion. Please find enclosed Attorney General's Opinion to Winston C. Johnson, August 5, 1970, 858-335E. The Plymouth charter, a copy of a relevant portion of which I have enclosed, provides: "the initiative does not extend to (i) the budget or capital program, (ii) the appropriation of money or the levy of taxes, (iii) zoning or (iv) the salaries of city officers or employees." Those subjects excluded from the referendum are largely the same except that emergency ordinances are also excluded. If you were to delete zoning from the inappropriate subjects of initiative and referendum in the Plymouth ordinance, I think you would effectively put your citizens on notice of the subjects which are appropriate for referendum in your city and still leave the widest possible latitude for initiative and referendum to operate. Certainly, the prospect of zoning by initiative is frightening and even allowing it to be subject to the referendum is problematic. However, the Minnesota Supreme Court has held that a municipal governing body acts in a legislative and not in an administrative capacity when by ordinance it amends the boundaries of its comprehensive zoning ordinance. Thus, such an ordinance may be the subject of a referendum if the home rule charter that is applicable authorizes such action. Denny v. City of Duluth, 295 Minn. 22, 202 N.W.2d 892 (Minn. 1972) summary enclosed. The Plymouth language may not be appropriate if under your home rule charter, ordinances are used for some administrative actions not specifically excluded from initiative and referendum. For example, if the sale of real property can only be done by ordinance, I think that is an administrative rather than a legislative decision and to avoid confusion, you might need to add sales or purchases of real property to the list of matters excluded from the initiative and referendum. As you can see, the list could tend to get rather long and thus to. shortcut the process, you might want to draft a charter to permit initiative and referendum to apply only to "ordinances of a legislative character." Though such language may not initially enlighten citizens proposing to use either process as to exactly what is a permissible subject, Bnice G. Nawrocki December 1, 1993 Page Three it certainly puts them on notice that they need to research further to decide whether they will be wasting their efforts gathering petitions to submit to the council. I hope these comments and materials are of use to you in your efforts. In accordance with the policy of our office when matters come to us involving legal considerations, I am sending a copy of this letter to your city attorney for his information. Sincerely yours, Stanley G. Peskar General Counsel SGP:mid _ Encs. -, cc: Greggory Woods 941 Hillwind Rd. 11200 Minneapolis, MN 55432 • NAME, BOUNDARIES, POWERS ANO GENERAL PROVISIONS § 1.03 g 1.01 // /1//.////:‹ PART I. 15-fD© rly � , v-- 4 �✓ r ftl CITY CHARTER CHAPTER 1 Po,v10,4. : 9 9 15 NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Sec. 1.01. Name and Boundaries. 1.02. Powers of the City. 1.03. Charter, a Public Act. SEC. 1.01. NAME AND BOUNDARIES. The City of Bloomington, in the County of Hennepin and State of Minnesota, shall, upon the taking-effect of this charter, continue to be a municipal corporation, under the name and style of the City of Bloomington, with the same boundaries as now are or here-after may be established. SEC. 1.02. POWERS OF THE CITY. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with the constitution of this state and of the United States. It is the intention of this charter that every power which the people of the City of Bloomington might lawfully confer upon themselves, as a municipal corporation, by spe- cific enumeration in this charter shall be deemed to have been so conferred by the provisions of this section. This charter shall be construed liberally in favor of the city, and the spe- cific mention of particular powers in the charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. SEC. 1.03. CHARTER A PUBLIC ACT. This charter shall be a public act and need not be pleaded or proved in any case. It shall take effect thirty days from and after its adoption by the voters. ( ,1 1 rr6 5.01 [NITIAT[VE, REFERENDUM AND RECALL 6 5.05 CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Sec. 5.01. Powers Reserved by the People. 5.02. Expenditures by Petitioners. 5.03. Further Regulations. 5.04. Initiative of Measures. 5.05. Form of Petition and of Signature Papers. 5.06. Filing of Petitions and Action Thereon. 5.07. Action of Council on Petition. 5.08. Initiative Ballots. 5.09. Initiation of Charter Amendments. 5.10. The Referendum. 5.11. The Referendum Petition. 5.12. Referendum Ballots. 5.13. The Recall. 5.14. Recall Petitions. 5.15. Filing of Petition. 5.16. Recall Election. 5.17. Procedure at Recall Election. 5.18. Form of Recall Ballot. SEC. 5.01. POWERS RESERVED BY THE PEOPLE. The people of Bloomington reserve to themselves the power, in accordance with the provi- sions of this charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, to require such an ordinance when passed by the council to be referred to the electors for approval or disapproval, and to recall elected public offi- cials. These powers shall be called the initiative, the referendum, and the recall, respec- tively. SEC. 5.02. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature ( paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $200.00 for stationery, copying, printing, and notary fees. Any violation of the provisions of this section is a misdemeanor. SEC. 5.03. FURTHER REGULATIONS. The council may provide by ordinance such further regulations for the initiative, referen- dum, and recall, not inconsistent with this charter, as it deems necessary. SEC. 5.04. INITIATIVE OF MEASURES. Any five electors may form themselves into a committee for the initiation of any ordinance, except as provided in Section 5.01. Before circulating any petition they shall submit to the city attorney a copy of the proposed ordinance and he shall approve same or put it into a form which is legally sufficient for the purpose intended. Shall he fail to take such action within ten days from the date on which the proposed ordinance is submitted to him, such proposed ordi- nance shall be deemed legally sufficient and a verified copy thereof shall be filed with the city clerk, together with the names and addresses of the members of such committee. They shall also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefor. SEC. 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for, the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least ten per cent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature 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 pur- ports to be. Each signature paper shall be in substantially the following form: . • 9 .05 BLOOMINGTON CITY CHARTER § 5.08 ` • 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 • electors: ) Name Address 1. 2. 3. The undersigned electors, 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 electors for their approval. Name Address 1. 2. 3. At the end of the list of signatures shall be appended the affidavit of the circulator mentioned above. SEC. 5.06. FILING OF PETITIONS AND ACTION THEREON. All the signature papers shall be filed in the office of the city clerk as one instrument. Within five days after the filing of the petition, the city clerk shall ascertain by examina- tion the number of electors whose signatures are appended thereto and whether this number is at least ten per cent of the total number of electors who cast their votes at the last preceding 1: regular municipal election. If he finds the petition insufficient or irregular, he shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for `• his finding. The committee shall then be given 30 days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the i petition is found to be still insufficient or irregular, the clerk shall file it in his office • 11.1 and shall notify each member of the committee of that fact. The final finding of the insuf- I ficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the ordinance to the electors at the next regular or any special election at its option. SEC. 5.07. ACTION OF COUNCIL ON PETITION. 1 When the petition is found to be sufficient, the city clerk shall so certify to the coun- cil at its next meeting, stating the number of petitioners and the percentage of the total number of 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 • P : 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 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 peti- tion and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the council to the vote of the electors at the next regular municipal election; but if the number of signers of the petition is equal to at least 15 per cent of the total number of voters voting at the last regular municipal election, the council shall call a special election upon the measure. Such special election shall be held not less than 30 nor more than 45 days from the date of final action on the ordinance by the council or after the expiration of 65 days from the date of submission to the council when there has been no final action; but if a regu- lar election is to occur within three months, the council may submit the ordinance at that election. If the council -passes the proposed ordinance with amendments and at least 4/5 of the committee of petitioners do not express their dissatisfaction with such amended form by a sta- tement filed with the city clerk within ten days of the passage thereof by the council, the ordinance need not be submitted to the electors. SEC. 5.08. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed ordinance shall state the substance of ) the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the 1 10 5.08 INITIATIVE. REFERENDUM AND RECALL § 5.13 f,. s-= 41 question of adoption. If a majority of the electors voting on any such 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 same election but the voter shall be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of electors voting on the question shall prevail to the extent of the inconsistency. SEC. 5.09. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter shall be construed as in any way affecting the right of the elec- tors under the constitution and statutes of Minnesota to propose amendments to this charter. SEC. 5.10. THE REFERENDUM. Within 15 days after the date when an ordinance takes effect a petition signed by qualified electors of the city equal in number to 15 per cent of the total vote at the last regular municipal election is filed with the city clerk requesting 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. The council shall thereupon reconsider the ordinance at its next regular meeting, and either repeal it or by aye and no vote re-affirm its adherence to the ordinance as passed. In the latter case the council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance shall remain suspended. If the majority of the electors voting thereon is opposed to the ordinance, it shall not become effective; but if a majority of the electors voting thereon favors the ordinance, it shall go into effect immediately or on the date therein specified. SEC. 5.11. REFERENDUM PETITION. The requirements laid down in Section 5.04 and 5.05 above as to the formation of commit- tees for the initiation of ordinances as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such changes as may be necessary. 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 electors: Name Address 1. 2. 3. The undersigned petitioners, 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 sub- mission to a vote of the electors for their approval or disapproval. Name Address 1. 2. 3. SEC. 5.12. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this charter for initiative ballots. SEC. 5.13. THE RECALL. Any five electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not . 11 5.13 BLOOMINGTON CITY CHARTER § 5.17 more than 250 words, and their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification. ._ SEC. 5.14. RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every paper shall make an affidavit that each signature appended to the paper is the genuine signa- ture of the person whose name it purports to be. Each signature paper shall be in substan- tially the following form: RECALL PETITION proposing the recall of from his office as which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of electors: Name Address • 1. 2. 3. The undersigned electors, 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 Address 1. 2. IdI 3. / At the end of the list of signatures shall be appended the affidavit of the circulator. SEC. 5.15. FILING OF PETITION. Within 30 days after the filing of the original certificate 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 days, and if he finds it irregular in any way, or finds that the number of signers is less than 25 per cent of the total number of electors who cast their votes at the last preceding regular municipal election, he shall so notify one or more members of the com- mittee. The committee shall then be given ten 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. If at the end of that time the city clerk finds the petition still insufficient or irregular, he shall notify all the members of the com- mittee to that effect and shall file the petition in his office. No further action shall be taken thereon. SEC. 5.16. 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 30 nor more than 45 days after such meeting, but if any other election is to occur within 60 days after such meeting, the council may in its discretion provide for the holding of the recall election at-that time. SEC. 5.17. PROCEDURE AT RECALL ELECTION. The clerk shall include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the officer concerned in > 12 r . 4 § 5.17 INITIATIVE, REFERENDUM AND RECALL § 5.18 justification of his course in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections. SEC. 5.18. FORM OF RECALL BALLOT. Unless the officer whose removal is sought resigns within ten days after the receipt by the council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall be recalled?" the name of the officer whose recall is sought being inserted in the blank and the electors shall be permitted to vote separately "Yes" or "No" upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: "Candidates to fill the place of if recalled"; but the officer whose recall is sought shall not himself be a candidate upon such ballot. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office, and the candidate who receives the highest number of votes for his place shall be elected thereto for the remainder of the unexpired term. If the officer sought to be recalled resigns within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same, as nearly as possible, as the form in use at the regular municipal election. • • 13 ... '''' 41/ i r M THE CHARTER of the CITY OF COLUMBIA HEIGHTS With Amendments Through November 28, 1988 CHAPTER 5 / `� INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures passed by the council to be referred to the electorate for approval or disap- proval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no ,signor of any such paper, or any other person, shall accept or offer any ell') reward, pecuniary or otherwise, for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed 1111111111MMIMMINNIMIN for legal advice, copying, printing, and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF MEASURES. Any five electors may form themselves ;i. into a committee for the initiation of any measures of public concern. After 1i formulating their measure they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a i verified copy of the proposed measure to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The the adoption of any measure shall consist of the measure, together twith nall rthe signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least twenty per cent of the total number of votes cast at the last preceding � � election. All the signatures need not be on one signature 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 persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance [or resolution, as the case may be] to . . . [stating the purpose of the measure], a copy of which ordinance [or resolution] J _) is hereto attached. This measure is sponsored by the following committee of ,.o 8 4 NAME ADDRESS 1. 2. 3. 4. 5. III The undersigned AIIIIIII, understanding the terms and the nature of the p.,,,D measure hereto attached, petition the council for its adoption, or, in lieu d" thereof, for its submission to the electors for their approval. NAME ADDRESS 1. 2. 3. At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 40. FILING OF PETITIONS AND ACTION THEREON. All the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examina- tion the number ofid.111111 whose signatures are appended thereto, and whether this number is at least twenty per cent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insuffi- ciency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. The commit- tee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be. submitted by the council to vote of the electors at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special 9 ection to be held not less than thirty nor more than forty-five days from ouch date. In case the council passes the proposed measure with amendments and at least four-fifths of the committee of petitioners do not express their dis- satisfaction with such amended form by a certificate filed with the city clerk within ten days from the assage thereof by the council, then the measure need not be submitted to the e . Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure shall state the substance thereof, and shall give the voter the opportunity to vote either "For the measure" or "Against the mea- sure." If a majority of the electors voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance or resolution of the city as the case may be. Any number of proposed measures may be voted upon at the same election, but in case there shall be more than one, the voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the electors under the constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM v , /LU Section 44. THE REFERENDUM. If prior o the date when an ordinance takes effect a petition signed by comiddimilmillOM of the city equal in number to twenty per cent of the total vote at the last regular municipal election be filed with the city clerk requesting that any such measure, or any part there- of, be repealed or be submitted to a vote of the electors, the said measure shall thereby be prevented from going into operation. The council shall there- upon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. In the latter case the council shall immediately order a special muni- cipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a majority of the voters voting thereon are opposed to the measure, it shall not become effective; but if a majority of the voters voting thereon favor the measure, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of mea- sures and as to the form of petitions and signature papers shall apply to the referendum as far as possible. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance [or resolution, as the case may be] to . . . [stating the purpose of the measure], a copy of which ordinance [or resolution] is hereto attached. This measure is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum elec- tion shall conform to the rules laid down in section 42 of this charter for initiative ballots. 10 5-11-86 04_RECALL / fr Section 47. THE RECALL. Any five eftillilf/ay form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than two hundred and fifty words and their intention to bring about the recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certi- fication. Section 48. RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature 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. Each signa- ture paper shall be substantially the following form: RECALL PETITION proposing the recall of from the office of which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of electors: NAME ADDRESS 1. 2. 3. 4. 5. The undersigned electors, understanding the nature of the charges against the officer herein sought to be recalled, desiring the holding of a recall election for that purpose: NAME ADDRESS 1. 2. 3. At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 49. FILING OF PETITION. Within thirty days after filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the same within the next five days, and if the city clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent of the total number • 11 ProfilMilline who cast their votes at the last preceding regular municipal elec- tion, the city clerk shall so notify one or more members of the committee. The committee shall then be given ten 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. If at the end of that time the city clerk finds the petition still insufficient or ir- regular the city clerk shall notify all of the members of the committee to that effect and shall file the petition. No further action shall be taken thereon. Section 50. RECALL ELECTION. If the petition or amended petition be 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 sufficien- cy of the petition and of the pending action. The council shall at its next meeting, by motion, provide for the holding of a special recall election not less than thirty nor more than forty-five days thereafter, provided that if any other municipal election is to occur within sixty days after such meeting, the council may in its discretion provide for the holding of the recall election at that time. Section 51. PROCEDURE AT RECALL ELECTION. In the published call for the election, whether posted on bulletin boards or printed in the official paper, there shall be given the statement of the grounds for the recall and also, in not more than five hundred words, the answer of the officer concerned. Candi- dates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections. Section 52. FORM OF RECALL BALLOT. Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall A be recalled?" the name of the officer whose recall is sought being inserted in place of A, and the electors shall be permitted to vote separately "Yes" or "No" upon this question. The ballot shall also con- tain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: "Candidates to fill the place of A, if recalled." But the officer whose recall is sought shall not be a candi- date upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recall, such official shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for that office shall be elected thereto for the bal- ance of the unexpired term. If the officer sought to be recalled shall have resigned within ten days after the receipt by the council of the completed re- call petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. 12 d,.. 3) (6.0 1 Pi to CITY OF CRYSTAL,MINNESOTA ORIGINALLY ADOPTED ON AUGUST 23, 1960 REVISED AND AMENDED BY.ORDINANCE NO. 89-3 JUNE 1, 1989 Amended by Ordinance No. 90-22(Effective February 1, 1991) Amended by Ordinance No. 93-4(Effective May 12, 1993) • • Crystal City Charter Page 10 CHAPTER 5 INITIATIVE AND REFERENDUM Section 5.01. Powers Reserved by the People, The people of the city reserve to themselves the power,in accordance with the provisions of this charter(a)to initiate and adopt ordinances,except ordinances appropriating money or authorizing the levy of taxes, and (b) to require ordinances, except ordinances appropriating money or authorizing the levy of taxes,enacted by the council to be referred to the voters of the city for apprQvaL These powers are the initiative and referendum, respectively. Section 5.02. Expenditures by Petitioners, Members of initiative and referendum committees, circulators of petition signature papers described in this charter and signers of such papers,or any other person may not accept or offer a reward of any nature for service rendered in connection with the circulation of a petition. A committee may incur reasonable and necessary expenses for stationery,copying,printing and notary fees. Violation of this section is a misdemeanor. Section 5.03. jpitiative, The initiative is governed by sections 5.03 through 5.08. Five eligible voters may form a committee to initiate an ordinance. Prior to circulating a petition the committee must file a certified copy of the initiated ordinance with the city clerk with a list of the names and addresses of the members of the committee. A certified copy of the initiated ordinance must be attached to each of the signature papers together with the names and addresses of the members of the committee. Section 5.04. Forms.,The initiative petition consists of the initiated ordinance and signature papers attached. The petition is not complete unless signed by a number of eligible voters equal to at least five percent of the number of registered voters registered in the city on the date of the regular city election immediately preceding the filing of the petition. The signatures attached to a petition need not be appended to one paper,but to each separate paper there must be attached an affidavit of the circulator of the paper stating(a)the number of signers of each paper,(b)that each signature on the paper was made in the presence of the circulator, and (c) that the signature on the paper is the signature of the person whose name it purports to be. The form of the initiative petition is fixed as follows: • Crystal City Charter Page 11 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 eligible voters: Name Address 1. 2.' 3. 4. 5. The undersigned eligible voters, understanding the terms and nature of the ordinance attached, petition the council for its adoption or, in lieu thereof, for its submission to the voters for their approval Name . Address 1. 2. . Signed • Subscribed and sworn to before me this day of ,(Year). (Seal) Notary • Crystal City Charter Page 12 Section 5.05. Filing of Petition: Duties of Clerk, The signature papers and the petition are filed as one instrument with the city clerk. No later than five days after the filing of the petition the clerk must determine if the petition complies with this chapter. If the clerk determines that the petition does not comply with this chapter, the clerk must promptly notify in writing one or more of the initiative committee of that fact in a notice stating the reasons for the determination of non- compliance. During the 30 days following the clerk's notice the committee may file additional signature papers or otherwise amend the petition to comply with this chapter. If upon examination of an amended petition the clerk determines that the petition does not comply with this chapter,the clerk must file the petition and notify each member of the initiative committee of that fact. After the final determination of non-compliance by the clerk a new petition proposing the same or a similar ordinance may be submitted in accordance with this chapter and the council may submit the proposed ordinance to the voters at a regular or special election. Section 5.06. Council Action on Petition,If the petition is in compliance with this chapter the clerk must certify that fact together with the petition to the council at its next regular meeting or at a special meeting called to consider the petition. The council must consider the ordinance at the meeting and provide for a prompt public hearing on the ordinance. The council must act on the ordinance as prescribed in this section within 65 days after certification of the petition by the clerk. Lithe council does not enact the ordinance,the ordinance must be submitted to the voters at the next regular city election. If the number of signers of the petition is equal to at least ten percent of the number of registered voters in the city on the date of the regular city election immediately prior to the date of filing of the petition,the council must submit the ordinance to the voters at a special election. The special election must be held(a)not less than 30 days before nor more than 45 days after the date of final action on the ordinance by the council or(b)no later than 65 days after the date of certification of the petition to the council when there has been no final action on the ordinance by the council. If a regular city election is to occur within three months,the council may submit the ordinance to the voters at that regular election. If the council enacts the proposed ordinance with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with the amended ordinance by a statement to that effect filed with the city clerk no later than ten days after enactment of the ordinance,the ordinance need not be submitted to the voters. Section 5.07. Ballots. The ballot at an election on an ordinance initiated under this chapter must state the substance of the ordinance and contain appropriate instructions for the voters to indicate "yes"or"no"on the question of its adoption. If approved by a majority of the voters the ordinance is effective as provided in section 3.09. Any number of initiated ordinances may be voted on at the same election, but the voters must be permitted to vote for or against each ordinance separately. Section 5.08. Amendment and Repeal, During the one year period following its effective date an ordinance adopted by the vote of the people may be repealed or amended only by a vote of the people. Section 5.09. The Referendum, The referendum is governed by sections 5.09 and 5.10. If,prior to the effective date of an ordinance,a petition signed by eligible voters equal to at least five percent of the number of registered voters in the city on the date of the regular city election immediately preceding the filing of the petition is filed with the city clerk requesting that the ordinance be repealed or submitted to the voters,the ordinance is not effective. The council must at its next regular meeting either repeal the ordinance or re-affirm the ordinance as enacted. If the ordinance is re-affirmed by the council,the council may order a special election on the ordinance or submit the ordinance to the voters at the next regular municipal election. If a majority of the voters vote against the ordinance it is not effective. If a majority of the voters vote in favor of the ordinance it is effective as provided in section 3.09. Section 5.10. Referendum Petition, The requirements of sections 5.03 and 5.04 for the formation of committees for the initiative and the form of petitions and signature papers apply with necessary modifications to the referendum. The form of a referendum ballot must conform to the requirements of section 5.07. The form of a referendum signature paper is fixed as follows: Crystal City Charter Page 13 REFERENDUM PEITTION Proposing the repeal of an ordinance to (stating the purpose of the ordinance),a copy of which ordinance is attached. The proposed repeal is sponsored by the following committee of eligible voters: Name Address 1. 2. 3. 4. 5. The undersigned eligible voters,understanding the nature of the ordinance attached and believing it to be detrimental to the welfare of the city,petition the council for its submission to the voters for their approval or disapprovaL Name Address 1. 2. 3. Signed Subscribed and sworn to before me this day of ,(Year). (Seal) Notary • , . . C I , • . • • , • . • • , . .••' • •1 'I . .. , . •• • ,t• , ..,, ,..,. . ,„„...,,,. .„ '.. , . • - ,* ,. .<4;t1 .. .. ..f to;,. ,.t., • . 1 ''lit..t•'■••*‘ .1, ... / 4 it., 4,4 1 . •■-•i *" t t • ,1 • ' .' ' • .' • •?.'• . ' . - , .„--- • • . t• ,.. - ",..• ^ ,...-' -----_,'...z., _,.. or4.=. .•',-,-..:.-:,,4.,- ",...}-$.",,-rIt'.,.,"?4..'•,,,,,'•• . 5-,_:,,t.,.,..-!".7...-• - '',,,, .:,. 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' -'' - .-*.•-..`-ire.k,,,a?..,'"`*\\. ,**'".N.,:, '.,.. ..tok, ..t.4'.14-4‘'' ',..;:' ' ■._ %., _ . • • - . " ,.. , , • • . \.1•3 -4-. , . ^ - i CHAPTER V INITIATIVE,REFERENDUM,AND RECALL OF ELECTIVE OFFICERS Sec. 5.01. Recall.Method Prescribed. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incum- bent in the following manner: (1) Committee to institute action. Any five electors who are constitu- ants of the officer of the city whose recall is proposed may form themselves into a com- mittee for the purpose of bringing about the recall of any elected officer of the city. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than two hundred words and their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification. (2) Recall petitions. The petition for the recall of any official shall con- sist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature 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. Each signature shall be in substantially the following form: RECALL PETITION proposing the recall of from his office as which recall is sought for the reasons set forth in the at- tached certificate.This movement is sponsored by the following committee of electors: Name Address 1. 2. 3. 4. 5. The undersigned electors,understanding the nature of the charges against the of- ficer herein sought to be recalled,desire the holding of a recall election for that pur- pose: Name Address 1. • 2. 3. At the end of the list of signatures shall be appended the affidavit of the circu- lator,mentioned above. The petition must be signed by electors equal in number to at least five per cen- turn of the total number of registered voters in the constituency of the elected officer whose recall is petitioned in the City of Mankato. C-11 ..•r;,.r fir. - iii ti ` N .-' 4�� `. y 4 yy �`��t ±.rro-aifiri.`L-• i E.; :d ; r }sf v x ' k ,s, Sec.5 ',. �`�� 1 j,4'c+';`„',',� (3) Filing of petition. Within thirty days after the filing of the original ` ` 9 `= certificate, the committee shall file the completed petition in the office of the city into a come 1` 5-P2)„411¢ dip ',. ;: clerk. The city clerk shall examine the same within the next ten days,and shall attach ling their n ,1 'l' '�, ,, :.+ ;,.�r�'r ,r to said petition his certificate, showing the result of said examination. If,by the city with their n 1 a clerk's certificate,the petition is shown to be insufficient,the city clerk shall so notify a verified co; ' • +'� t,..'r' one or more members of the committee,and said petition may be amended within ten together wit ',LF lx days from the date of such notification. The city clerk,shall,within ten days after such vi, .,+`` amendment make like examination of the amended petition,and if his certificate shall lion- The r s #+ 'i‘-4,,..'‘ show the same to be insufficient it shall be returned to the person filing the same;with- gather with 1 f, out prejudice,however,to the filing of a new petition to the same effect. Section 5.0 T If the petition is deemed sufficient, the city clerk shall submit the same to the t verification. '�;: 1', ; ,L � ' council without delay, and thereupon the council shall order the same filed. If the of- lion as the r f4. % f 4.r" Y f i g r ficer sought to be removed does not resign within five days after the filing of said peti- ±I, `4:I,. tion,the council shall fix a date for holding said election not less than thirty-five nor qual in nun' s more than forty-five days from the date of the city clerk's certificate than a sufficient of Mankato ,- petition is filed; provided that if any other municipal election is to occur within sixty of the peop days from said date the council shall provide for the holding of the recall election at u that time. after attach Sec.5.02. Cause of Recall. In the call for the election there shall be given the to call a sp L.... , statement of the grounds for the recall of the officer,as set forth in the recall petition, dinance wi- , h and in said call,in not more than two hundred words,the officer may justify his course municipal E 1..;,,9 in office. it shall be s Sec.5.03. Candidates.Elections. The city clerk shall give public notice of the. mendment `" time and place of holding such election, and the same shall be conducted, except as dissatisfact hereinafter provided, returns be made, and the result thereof declared, in all respects ten days fr F �,a as in other city elections. Only registered voters in the constituency of the elected of- mitted to t .e , s�,m�,� ';;�!�',��`r�$l'�; ', ficer whose recall is petitioned shall be permitted to vote. Unless the officer whose re- . ! .� moval is sought shall have resigned, the form of the ballot at such election shall be as to be subr y :- , ' near as may be as follows: "Shall A be recalled?", the name of the officer whose re- the ordina f , K r�i `'� call is sought being inserted in the place of A,and the electors shall be permitted to vote voter, at le ?3<,r.a separately "yes" or "no" upon this question. The ballot shall also contain the names the officio g; '.,,i 1 of the candidates to be voted upon to fill the vacancy,in case the recall is successful, council. " '�'�; under the caption: "Candidates to fill the place of A, if recalled". But the officer it, 4.,, , h �� , whose recall is sought shall not himself be a candidate upon such ballot. In case a ma- dinance sf IT ' , jority of those voting for and against the recall of any official shall vote in favor of re- posed ord R� I� .: $l, 't ' FO calling such official,he shall be thereby removed from office,and in that event the can- dinance). M '' i •11 - ' )f,i I';'. <., � . R # ,, ' { didate who receives the highest number of votes for his place shall be elected thereto vote in fa, V k40,,°} t P, { for the remainder of the unexpired term. If the officer sought to be recalled shall have dinance of �� 4r ; �� + 1 � resigned,the form of ballot at the election shall be the same,as nearly as may be,as the !iii, 41,0 �i'4 2, `. t • form in use at a regular municipal election. ordinance, 9 ii f of this sec * } Sec. 5.04. Recall.Time Limit. No recall petition shall be filed against any of- ficer until he has actually held his office at least three months. position f 4' f,4,k1,.11.,.s.6,.:, ,. upon at a� ..,:t.1,,,,,-:,14,�:�� xy� 4, I, 4 C-12 e i �{ w 4 • v 'f.'d+ s .. i • • Sec.5.05. Direct Legislation. iirty days after the filing of the original Subd. 1. Initiation of measures. Any five electors may form themselves )leted petition in the office of the city into a committee for the initiation of any measure of public concern. After formula- 'thin the next ten days,and shall attach ting their measure they shall file a verified copy thereof with the city clerk together ;Lift of said examination. If, by the city with their names and addresses as members of such committee. They shall also attach isufficient,the city clerk shall so notify a verified copy of the proposed measure to each of the signature papers herein described, lid petition may be amended within ten together with their names and addresses as sponsors therefore. e clerk,shall,within ten days after such Subd. 2. Form, conditions, verification,certification and filing of peti- ided petition,and if his certificate shall no. The petition for the adoption of any measure shall consist of the measure, to- j 1 •ned to the person filing the same;with- gether with all the signature papers and affidavits thereto attached. The provisions of etition to the same effect. Section 5.01 hereof respecting the forms and conditions of the petition,the mode of city clerk shall submit the same to the verification,certifcation and filing shall be substantially followed,with such modifica- icil shall order the same filed. If the of- lion as the nature of the case requires. iin five days after the filing of said peti- Subd. 3. Five per cent petition. If the petition be signed by electors e- • lid election not less than thirty-five nor qual in number to five per centum of the entire number of r city clerk's certificate than a sufficient q registered voters in the City of Mankato,and contains a request that such measure be submitted forthwith to a vote nicipal election is to occur within sixty of the people at a special election,then the council shall either: or the holding of the recall election at (a) Pass said measure without alteration within twenty days after attachment of the city clerk's certificate of sufficiency to the petition;or (b) Within twenty-five days after such certification,proceed for the election there shall be given the to call a special election to be held within 60 days after certification,at which said or- Fficer,as set forth in the recall petition, dinance without alteration shall be submitted to a vote of the people;unless a regular cords,the officer may justify his course municipal election is to occur within sixty days after such certification, in which case it shall be submitted at such election;or (c) In case the council passes the proposed measure with a- ty clerk shall give public notice of the, mendments and at least four fifths of the committee of petitioners do not express their he same shall be conducted, except as dissatisfaction with such amended form by a certificate filed with the city clerk within result thereof declared, in all respects ten days from the passage thereof by the council, then the measure need not be sub- s in the constituency of the elected of- mitted to the electors. d to vote. Unless the officer whose re- Subd. 4. Publication of popular ordinance. Whenever any ordinance is f the ballot at such election shall be as to be submitted to the voters of the city at any election,the council shall either cause d?", the name of the officer whose re- the ordinance to be printed and mailed by the city clerk with a sample ballot to each the electors shall be permitted to vote voter, at least three days prior to the election,or order such ordinance to be printed in The ballot shall also contain the names the official newspaper and published in like manner as ordinances adopted by the racancy, in case the recall is successful, council. ice of A, if recalled". But the officer Subd. 5. Election. The ballots used in voting upon such proposed or- didate upon such ballot. In case a ma- dinance shall contain the words "For the ordinance" (stating the nature of the pro- of any official shall vote in favor of re- Posed ordinance) and "Against the ordinance" (stating the nature of the proposed or- I from office,and in that event the can- dinance). If a majority of the qualified electors voting on said proposed ordinance s for his place shall be elected thereto vote in favor thereof, such ordinance shall thereupon become a valid and binding or- officer sought to be recalled shall have dinance of the city. e the same,as nearly as may be,as the Subd. 6. Several ordinances at one election. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions • of this section. petition shall be filed against any of- Subd. 7. Repeal of popular ordinance. The council may submit a pro- three months. position for the repeal of any such ordinance, or for amendment thereto,to be voted • upon at any general municipal election;and should such proposition receive a majority C-13 j 40..- -..+ .#"•'--. .. j`1l .1\?14,1ettI :"?S rR y r iY, r ....,y).;-7 ,0',.:/;...; rr.,.,,,,.;,,r,:::,,:,, i ! y , . 1 rY .� -' ��1 t •+.ir:"i,. , :: c.. of the votes cast at such election,such ordinance shall be repealed or amended accord y P, 'f 5 �� ingly. Initiated ordinances adopted by the electors shall be published,and may be a- -'-'': 1!44/'>, mended or repealed by the council,as in the case of other ordinances. s t� ' :Ss. Sec.5.06. Referendum. Subd. 1. No ordinance passed by the council shall go into effect before l a t ten days from the time of its publication,except when otherwise required by the gen- } � "�," eral laws of the state,or by the provisions of this charter respecting street improvements, e E � and except an ordinance for the immediate preservation of the public peace,health and �w< < , safety,which contains a statement of its urgency,and is passed by a five sevenths vote 4 c '' t`v+'tF of the council; provided that no grant of any franchise shall be construed to be an ur .' ,,, gency measure, but franchises shall be subject to the referendum vote herein provided. '. ri If during said ten days a petition signed by qualified electors of the city equal in num- ber to at least five per centum of the entire number of registered voters in the city, protesting against the passage of such ordinance be presented to the council,the same shall thereupon be suspended from going into operation. It shall be the duty of the council to reconsider such ordinances, and if the same be not entirely repealed, the council shall submit the ordinance as provided in Section 5.05 of this charter,to a vote of the electors of the city, either at the next general municipalelection or at a special J t election called for that purpose. Such ordinance shall not become operative unless a majority of the qualified electors voting on the same shall vote in favor thereof. The provisions of Section 5.01 and 5.05 respecting the formation of committees to institute action and initiate measures, and respecting forms and conditions of the petition,the mode of verification, certification and filing shall be substantially followed,with such } modification as the nature of the case requires. „o ?r z Subd. 2. Any ordinance or measure that the council or the qualified 1 j r tr' ` } • E"�;1j 1!r., 't. 4 electors of the city shall have authority to enact, the council may of its own motion }i`r, � t t f3� ,„ }'1, 4) , ':-4 x,k j, submit to the electors for adoption or rejection at a general or special municipal election, ; ,, ,I in the same manner and with the same force and effect as is provided ordinances or '{r �' ' measures submitted on petition. �� im 1\ '' . ' 0:'!'• T... • 5,,,,,typ i 'T-4,i', I ' } ..4 ftl,t+ tit, 2, ,,,, itt.„ ,,.:.?., .,.. ,.,!.,;\ ,,J, .f':k '' ,, d�, '",- i 1 ••r .• .. . / 1 ,+iv�� i.:1,' t. F ,k � 'li r $ . t:< mss, -'q}R C-14 r .y �,' N b . . -A;r%0 MINNESOTA 3 ' - . 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" . ?., .:1,'. *451'•.i2.-;0,-'i. ,....,-..4ai !'',..4°,, .4..,'" .:,:.A.,-, )., ,,,.:,;', ,.ti:;•:", ..; , te,.41;`;-it A.", -'4.....'1,4f4L.t.,''. -.5,1-i':"',--,'-. .. 1.'W.^.4;0-..'.;`,','•':"A'::,;')",:,.?4;;:-:, ...:.-i.,, .„,.,.,/.-`.r ..,.,.. "..11:i "' -,... 0 4/ ..S,„,4; M`,tf,.'" -':V, —,""4-,)'",;r -Irt''0,`'''l'e2::4'," - --- -- -* '-"'-,•-".•--',...L,,,...R--.. 1.N'At'--6.,ce ''7 -44''' V 'i .ik'''''4, ."4-,-,N-`- -.',A..'"'''''";•.' ' "-;•"-"":''-'!-- ' 1;444444s%. -4-tt-.A-'. ts..,'.;„„ ., ,.V` _ r I'' ti'. 22 which time they shall receive the returns from the several elec- shall fix a dat tion precincts of the City, and shall canvass the votes as re- • forty (40) da}• !'11 turned by the judges and clerks of election, and shall by resolu- of said filing. I tion certify and determine the result of such election as to each ` printed, in not officer and matter voted upon at the election. demanding the it ': petition, and it Section 49. Special elections may be called by the Council P for any purpose permitted by this charter or by statutes. All the officer ma ll,l'l special elections shall be called by resolution of the Council, Any qualifie 11 l which resolution shall fix the time therefor, and shall state the ated, for the c , offices to be filled or the questions to be decided thereat, and by a petition s ,Ili shall direct the Clerk to give the necessary notice and make the election, equal II ;, rli necessary preparation for the holding of such election. total number c 1,11 pal election in IIIil1I CHAPTER VII ."' tition shall be Recall, Initiative and Referendum petition is foul less than twen Section 50.0. The holder of any elective office, in the City of ill III Y Y Except as he cDuluth, may be removed at any time by the electors qualified III to vote for a successor of such incumbent, in the following man- be conducted, I II ner: A petition signed by such electors equal in number to at respects as are P g Y q 1,I least twenty-five per centum of the total ballots cast at the last '? on the recall b ,i' recall is to be preceding general municipal election, demanding a special elec- III tion to determine whether the person named therein shall be (name of the II'l�', recalled, and to elect a successor of the person sought to be be recalled fro I'"' removed, shall be filed with the Clerk, which petition shall question shall 11 contain a general statement, in not more than two hundred or voting mac words, of the grounds on which the removal is sought. The also be print( I1'I signatures to the petition need not all be appended to one nominated as I "! paper, but each signer shall state his place of residence and case he shall I� j' street number. One of the signers of each such paper shall make The name of oath that the statements therein made are true, as he believes and shall not apps that each signature to the paper appended is the genuine signa- If a majority I I ture of the person whose signature it purports to be. of any incum II!I Within ten days from the date of filing such petition, the bent shall col 1,I'Il Clerk shall ascertain from the voters register whether or not said incumber I said petition is signed by the requisite number of qualified elec- qualification o LI tion shall recce I,,11 tors. The Clerk shall attach to said petition his certificate, show- the highest n 11, ing the result of said examination. If by the Clerk's certificate, elected and sh II; the petition is shown to be insufficient, it may be amended with- I I in ten days from the date of said Clerk's certificate. The Clerk No recall r shall, within ten days after such amendment, make like examin- has actually h '���'';I ation of the amended petition, and if his certificate shall show who has beer. ,;I' the same to be insufficient, it shall be returned to the person such office, w filing the same, without prejudice, however, to the filing of a shall be elect 11, new petition to the same effect. If the petition is deemed suffici- one year after 1' ent, the Clerk shall submit the same to the Council without de- sign from off 11 I lay, and thereupon the Council shall order the same filed, and him the elect 1 1 II a copy thereof delivered to the person sought to be recalled. ceeded with I Within ten days after the filing of said petition, the Council successor in ■ 'ji . t te, J - _ ., `1. ''',V.- ,:-.A'..1-i• i. 23 Feral elec- shall fix a date for holding said special election not less than tes as re- forty (40) days, nor more than fifty (50) days, from the date 33. resolu- of said filing. In the published call for the election there shall be is to each printed, in not more than two hundred words, the reasons for demanding the recall of the officer, as set forth in the recall ze Council petition, and in said call, in not more than two hundred words, Mutes. All the officer may justify his course in office. e Council, Any qualified elector of the electoral district may be nomin- 1 state the ated, for the office which may be filled at any recall election, tereat, and by a petition signed by electors qualified to vote at such recall make the election, equal in number to at least one per centum of the °A' total number of votes cast in the last preceding general munici- pal election in the electoral district. Each such nominating pe- tition shall be filed with the Clerk at any time after the recall petition is found sufficient and filed with the Council, but not less than twenty-five (25) days before such recall election. he City of s qualified Except as herein otherwise provided, such special election shall wing man- be conducted, returned, and the result thereof declared, in all nber to at respects as are general municipal elections. There shall be placed at the last on the recall ballot or voting machine, as to every officer whose - ecial elec- recall is to be voted on thereat, the following question: "Shall shall be (name of the person against whom the recall petition is filed) ght to be be recalled from the office of (title of office)?", following which tion shall question shall be the words "Yes" and No On such ballots hundred or voting machines, following each such question, there shall ,ught. The nlso be printed the names of those persons who have been td to one nominated as candidates to succeed the person recalled in fence and case he shall be removed from office by said recall election. hall make The name of the person against whom the petition -is filed sieves and shall not appear on the ballot as a candidate for the office. ine signs- If a majority of those voting on the question of the recall of any incumbent from office, shall vote "No" said incum- - tition, the bent shall continue in office. If a majority shall vote "Yes" - Cr or not said incumbent shall be deemed removed therefrom upon the :fied elec- qualification of his successor. If the vote at any such recall elec- = r.te, show- lion shall recall the officer then the candidate who has received ertificate, the highest number of votes for the office shall thereby be ded with- elected and shall hold office for the unexpired term. .r'he Clerk No recall petition shall be filed against any officer until he e examin- has actually held his office for at least six months. No person :hall show who has been recalled from office, or who has resigned from he person such office, while recall proceedings were pending against him, fling of a shall be elected or appointed to any office in the City within ed suffice- one year after such recall or resignation. Should any person re- thout de- sign from office while recall proceedings are ailed, pending against and him the election called. provided for herein shall be called and pro- ceeded with but shall be limited to the purpose of electing his Council successor in office. • t Iii 1'1' 'i,ll' 24 If a majority of the Council shall fail or refuse to act in such filed with the 'I recall proceedings, compliance with the provisions of this section of such alternal may be enforced by proceedings in the District Court of St. • be submitted t I., Louis County, at the suit of any citizen of this City. I vided. In such Initiatives said alternative number of vot Section 51. Any proposed ordinance of the City may be ordinance of t III submitted to the Council by a petition signed by electors of the City, as hereinafter required. Whenever a 1. to the voters o1 The provisions of Section 50 of this charter, respecting the cause the ordi forms and conditions of the petition, the mode of verification, by the Clerk, 1 II, certification and filing, shall be substantially followed, with such days prior to II, modifications as the nature of the case requires. sition to be pri If the petition accompanying the proposed ordinance be least once at 1. signed by electors equal in number to twenty per centum of the I' total ballots cast at the last preceding The Council p g general municipal election. of any ordinan ,!;; and contains a request that said ordinance be submitted forth- the electors vot l' with to a vote of the people, at a special election, then the ' vote in favor Council shall, except as herein provided, either: IjI' a valid and bit (a) Pass said ordinance without alteration within twenty Any number (20) days after attachment of the Clerk's certificate of sufficiency the same electi I,i to the accompanying petition; or, lion. 1, (b) Within twenty-five (25) days after such certification. The Council .f proceed to call a special election, to be held not less than forty such ordinance, q,'' (40), nor more than fifty (50), days after such call, at which any general me II said ordinance, without alteration, shall be submitted to a vote ceive a majorit of the people. ordinance shall 1 If the petition be signed by electors equal in number to at least ten (10), but less than twenty cane pre repe ec ii ) ty (20), per centum of the cannot be ro Ps total ballots cast at the last preceding general municipal election There shall i is at which members of the Council were elected, and said ordi- than one speci: nance be not passed by the Council, as provided in the pre- shall any such 1,' ceding paragraph (a), then such ordinance, without alteration, (60) days prie shall be submitted to a vote of the people at the next general II i municipal election, occurring at any time after twenty-five (25) days from the date of the Clerk's certificate of sufficiency at- I'i' tacked to the petition accompanying such ordinance. Section 52. - l' Upon any ordinance being submitted to the Council, as in into effect bef !I this section provided, the Council may, however, within ten (10) publication, ex• t;�il� days after attachment of the Clerk's certificate of sufficiency, of the State, o pass an alternative ordinance covering the same subject matter. If during sai If within ten (10) days after the passage of such alternative ordi- electors of the nance, not less than fifty per centum of the petitioners for the centum of the id submitted ordinance shall file with the Clerk a petition for the municipal elect withdrawal of their names from such petition, the ordinance nance, be pres. III petitioned for shall not be submitted to a vote of the people, suspended frog 1; as petitioned for, and the alternative ordinance shall thereupon the Council to become effective. If a petition for withdrawal of names of at entirely repeal( I ik least fifty per centum of the petitioners for the ordinance be not vided in Sectic i 7� t.l 4. r + ' { :i'0. J t. 25 :t in such filed with the Clerk within said ten (10) days after the passage is section of such alternative ordinance, the ordinance petitioned for shall _rt of St. , be submitted to a vote of the people, as in this section pro- , vided. In such event the Council may at the same time submit said number of vvotes at said election shall thereupon become the number of may be ordinance of the City. rs of the Whenever any ordinance or proposition is to be submitted to the voters of the City at any election, the Council shall either ,ding the = cause the ordinance or proposition to be printed and mailed rification, by the Clerk, with a sample ballot to each voter, at least three with such days prior to the election, or order such ordinance or propo- sition to be printed in the official newspaper, and published at .'ance be least once at least three (3) days prior to the election. .m of the The Council shall prepare suitable ballots for the submission election. of any ordinance provided for in this section. If a majority of ed forth- the electors voting on any such ordinance submitted by petition, then the vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City. in twenty Any number of proposed ordinances may be voted upon at sufficiency the same election, in accordance with the provisions of this sec- tion. rtification. The Council may submit a proposition for the repeal of any than forty such ordinance, or for amendments thereto, to be voted upon at . at which any general municipal election; and should such proposition re- to a vote ceive a majority of the votes cast thereon at such election, such ordinance shall be repealed or amended accordingly. An ordi- aber to at nance proposed by petition or adopted by a vote of the people urn of the cannot be repealed or amended except pt ba a vote ttee of the • al election There shall not be held under said ordi- than one special election in any period of six (6) months; nor n the pre- shall any such special election be called to be held within sixty alteration, (60) days prior to any general municipal election. mt general -five (25) . Referendum. iciency at- Section 52. No ordinance passed by the Council shall go into effect before thirty (30) days from the time of its last ncil, as in publication, except when otherwise required by the general laws -) ten (10) of the State, or by the provisions of this charter. afficaeney' If during said thirty (30) days a petition, signed by qualified :ct matter. electors of the City equal in number to at least ten (10) per rs for the centum of the total ballots cast at the last preceding general • on for the municipal election, protesting against the passage of such ordi- ordinance the nance, be presented to the Council, the same shall thereupon be ordinance suspended from going into operation; and it shall be the duty of t eup the Council to reconsider such ordinance, and if the same be not therreupoo n entirely repealed, the Council shall submit the ordinance, as pro- -imes of at vided in Section 51 of this charter, to a vote of the electors of nce be not N 3 S.. II II • I I' � I 26 . II the City, either at the next general municipal election, or at a I. An Intere special election called for that purpose, and such ordinance shall • sufficient for the not become operative unless a majority of the qualified electors the next fiscal ye; voting on the same shall vote in favor thereof. The provisions of this fund such of Sections 50 and 51 of this charter, respecting the forms and 2. A Sinkint I'! of any bonds or conditions of the petition, and the mode of verification, certi- fixation and filing shall be substantially followed, with such j,1,! modifications as the nature of the case requires. 3. A Public I �1 No action of the Council making any contract or other pro- of the Fire Depai vision for the furnishing of heat, light, power, transportation, or Department. il'� any other public utility, to the City, or its inhabitants, or for 4. A Librar � the acquisition of any property for any such purpose, shall be Into this fund sh I ii taken, except by ordinance; and no such ordinance shall be support of such I ii:,1 construed to be an emergency ordinance. 5. A Public I Any ordinance or measure that the Council, or the qualified ante of public pa I I�;•� electors of the City, shall have authority to enact, the Council similar places of 1j■ may, of its own motion, submit to the electors for adoption or and workhouses, Ii rejection at a general or special municipal election, in the same houses of refuge manner, and with the same force and effect, as is provided for the unfortunates ►!H ordinances or measures submitted on petition. shall be paid all 1; CHAPTER VIII ing gifts and de City F 6. A Public Section 53 as amended by Special Municipal Election March the highways of or fees imposed ilIj� 20, 1956: I q Section 53. All disbursements, except the principal and in- 7. A Perm: serest on bonds and certificates of indebtedness, shall be made the cost of all r4 11 III only upon the order of the Mayor and Secretary of the Council, ment for which i I' countersigned by the Auditor, duly authorized by a resolution and for the payr I I'III� of the Council, and every such resolution and order shall specify provements as sl the purpose for which the disbursement is made and the fund 8. A Publi< II out of which it is to be paid. Each such order shall be payable support, mainten III to the order of the person in whose favor it is drawn. But no or operated by I such order shall be issued until there is money sufficient to pay on any bonds of the same to the credit of the fund out of which it is to be paid, such utility. The together with all then outstanding orders against such fund. Any rived from the 'I'I order or resolution for the payment of money violating any utility, and fror ' provision of this section shall be void, and any officer of the sale of any pro City violating any provision of this section shall be personally any such utility. jresponsible for the amount of such payment if any such pay- • of the purchase, !, ment is made contrary to the provisions hereof. No contract re- and repair of st j I is quiring the payment of money by the City shall be valid unless or other indebt ∎I'L: the particular fund out of which the same is to be paid is Any surplus in specified in such contract bonds or certifi. III I' Section 54 as Amended by Special Election Held January 23, and for the pay III I I 1923. their maturity. I,II''I Section 54. There shall be maintained in the City Treasury utility operated �' the following funds for the support of which the Council may 9. A Gener !! for the payment G, levy an annual tax: I1 I jId i iI litII•,' ....... .. .... ..+r�.."l•t.r�..•.r>.r} .. - .. .. Y�y i3t c Mjx, F (0op,4.I c,Ph`ov‘ : (17, 4 /G9 HOME RULE CHARTER .• • of the CITY OF ST. CLOUD MINNESOTA Adopted March 18, 1952 and Amended as of April 8, 1974 TABLE OF CONTENTS ARTICLE I - Name and Boundaries, Form of Government and Powers of City ARTICLE II - The Council ARTICLE III - The Mayor ARTICLE IV Nominations and Elections ••• CLE V - Initiative, Referendum and Recall ARTICLE VI - Planning Cor"ission ARTICLE VII - Civil Service ARTICLE VIII - Finance ARTICLE IX - Bonds ARTICLE X - Improvements and Special Assessments ARTICLE XI - Acquisition of Property • ARTICLE XII - Franchises ARTICLE XIII - Public Ownership and Operation of Public Utilities ARTICLE XIV - Miscellaneous and Transitory Provisions • 3► they are the respective candidates and nominees, as they are to appear upon the primary or general election ballot, and shall cause said respective ballots to be- printed, authenticated with the facsimile of his signature. Sec. 4.50, Special Elections. • The council may by resolution order a special election, fix the time of and provide all means for holding the same. The procedure at such election shall conform as nearly as possible to the procedure herein provided for other municipal elections. Sec. 4.60 Judges and Clerks. - The Council shall, at least ten days before each municipal election, appoint the new number of judges of election by it deemed necessary, and said judges so appointed shall appoint qualified electors of the same voting district, as authorized by the council, to serve as clerk of election. Judges and clerks acting at primary election shall also act at general elections without further appointment. • Sec. 4.70 Canvass of Elections. The Council shall meet and canvass the election returns within five days after any regular or special election, and shall make full declaration of the re- sults as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forth- with notify all persons elected of the fact of their election. Sec. 4.71 Procedure at Elections. The conduct of elections shall be regulated by ordinance, subject to the pro visions of this charter and of the general laws of Minnesota: In determining the results of municipal elections, as well as in all matters of election procedure not covered by this Charter or by ordinance, all officers shall be guided by the rules laid down in the general statutes for the conduct of elec- tion in this State, except that where such rules are incompatible with the provisions of this Charter, they shall not be enforced in the election of municipal officers. ARTICLE V Initiative, Referendum and Recall Sec. 5.10 Powers Reserved by the People. The people of St. Cloud reserve to themselves the powers, in accordance with the provisions of this charter, to initiate and adopt ordinances, to require -12- ordinances passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively. Sec. 5.11 Expenditures by Petitioners. No member of any initiative, referendum or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent any such committee from incurring an expense not to exceed fifty dollars for legal advice, stationery, copying, printing, and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor. Sec. 5.20 Initiative Initiation of Measures. Any five electors may form themselves into a committee for the initiation of any measure of public concern. After formulating their measure they shall file a verified copy thereof with the city clerk together with their names and addresses as members of such committees. They shall also attach a verified copy of the proposed measure to each of the signature papers herein described, together with their names and addresses as sponsors therefor. Sec. 5.21 Form of Petition and of Signature Papers. The petition for the adoption of any measure shall consist of the measure, together with all the signature papers and affidavits thereto attached. Such petitions shall not be complete unless signed by a number of voters equal to at least five per cent of the total number of qualified electors registered in the city at the time of the regular municipal election immediately prior to the filing of said petition. All the signatures need not be on one signa- ture paper, but the circulator of every such papers shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be in sub stantially the following form: Initiative Petition proposing an ordinance to (stating the purpose of the measure), a copy of which ordinance is hereto attached. This measure is sponsored by the following committee of electors; • Name • 1. Address • Name 2. Address -13- 9 Name 3. Address The undersigned electors, understanding the terms, and the nature of the measure attached, petition the council for its adoption, or, in lieu thereof, -for its submission to the electors for their approval. • Name 1. Address Name 2. Address At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Sec. 5.22 Filing of Petitions and Action Thereon. All the signature papers shall be filed in the office of the city clerk as one instrument. Within five days after the filing of the petition the city clerk shall ascertain by examination the number of electors whose signatures are appended thereto, and whether this number is at least five per cent of the total number of qualified electors registered in the city at the time of the regular municipal election immediately prior to the filing of said petition. If he finds the petition insufficient or irregular, he shall at once notify one or more of the committee of sponsors of that fact,' certifying the reasons for his findings. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same in his . office and shall notify each member of the committee of that fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Sec. 5.23 Action of Council on Petition. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, stating the number of peti- tioners, and the percentage of the total number of voters which they consti- tute, and the council shall at once read the measure 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 measure, after she holding of which the measure shall be filially acted upon by the council • -14- not later than thirty days after the date upon which such measure was sub- -mitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be submitted by the council to the vote of the electors at the next regular municipal election. If said petition accompanying the proposed • ordinance be signed by a number of qualified electors equal to fifteen per cent of the total number of qualified electors registered in the city at the time of the regular municipal election immediately prior to the filing of said petition, then the council shall within thirty days after the attachment of the clerk's certificate of sufficiency to the accompanying petition either: (a) Pass said ordinance without alteration, or (b) proceed to call -a special election at which said ordinance without alteration shall be submitted to a vote of the people. Provided, that should said proposed measure be amended and passed by said council as amended, and at least four-fifths of the com- mittee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days after the passage of said measure by the council, then and in that case said measure need not be submitted to the electors as herein provided. Sec. 5.24 Publication. Whenever any measure is proposed hereunder the same shall be published in full once in the official newspaper of the city, and if the same is amended before final action thereon the amendment thereto shall be published in like manner, said publication to be at least one week prior to the date of final action thereon by the council, or at least one week prior to the general or special election at which said measure is submitted to a vote of the people. Sec. 5.25 Amendment or Repeal. The council may submit a proposal for the repeal of any such ordinance, or for amendments thereto to be voted upon at any succeeding general municipal election, and should such proposal so submitted receive a majority of the votes cast thereon at such election, such ordinance shall thereupon be re- pealed or amended accordingly. Any ordinance or measure adopted by a vote of the people cannot be repealed or amended except by a vote of the people. Sec. 5.26 Initiative Ballots. The ballots used when voting upon any such proposed measure shall state the substance thereof, and shall give the voter the opportunity to vote either "for the measure" or "against the measure." If a majority of the electors voting on any such measure shall vote in favor thereof, it shall thereupon • become an ordinance of the city. Any number of proposed measures may be - voted upon at the same election, but in case there shall be more than one, the voter shall be allowed to vote for or against each separately. Sec. 5.27 Initiation of Charter Amendments. Nothing in this charter contained shall be construed as in any way affecting -15- the right of the electors under the constitution and statutes of Minnesota to propose amendments to this charter. Sec. 5.30 Referendum. The Referendum. If prior to the date when an ordinance or resolution takes effect a petition signed by qualified electors of the city equal in number to five per cent of the total number .of qualified electors registered in the city at the time of the regular municipal election immediately prior to the filing of said petition 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, the said measure shall thereby be prevented from going into operation. The council -shall there- upon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. In the latter case the council shall immediately order an elec- tion to be held thereon, pending which the ordinance or resolution shall re- _ • main suspended. If a majority of the voters voting thereon are opposed to the measure, it shall not become effective; otherwise it shall go into effect - immediately or on the date therein specified. - • Sec. 5.31 Referendum Petitions. The requirements laid down'in Sec. 5.20, Sec. 5.21 and such portions of Sec. 5.22 as may apply, as to the formation of committees for the initiation of measures as to the form of petitions and signature papers shall apply to the referendum so far as possible, and with such verbal changes as might be necessary. A referendum petition shall read as follows: Referendum Petition proposing the repeal of an ordinance (or resolution, as the case may be) to (stating the purpose of the measure), a copy - of which ordinance (or resolution) is hereto attached. The - proposed repeal is sponsored by the following committee of - electors; - Name 1. Address Name 2. Address . Name 3, Address • The undersigned petitioners, understanding the nature of the measure hereto attached, and believing it to be detrimental to -16- ( the welfare of the city, petition the council for its submission to a vote of the electors for their approval or disapproval. Name 1. Address Name 2. • Address • Sec. 5.32 Referendum Ballots. The ballots used in any referendum election shall conform as nearly as • possible to the rules laid down in Sec. 5.26 of this .charter for initiative' .. . ballots. Recall Sec. 5.40 The Recall Any five electors may form themselves into a committee for-the purpose of . : bringing about the recall of any elected officer of the city. The committee shall certify to the city clerk the name of the officers whose removal is sought, a statement of the grounds for removal in not more than two hundred and fifty words and their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no signature. paper shall be put into circulation previous to such certification. Sec. 5.41 Recall Petitions. The petition for the recall of any official shall consist of:a certificate. identical with that filed with the city clerk together with all signature papers and affidavits thereto attached. All the signatures. need not be on one signature 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. Each signature paper shall be - in substantially the following form: Recall Petition • proposing the recall of from'his office as , which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of electors: • Name 1. Address Name 2. • Address -17- Name 3. _ Address The undersigned electors, 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 1. Address Name 2. Address • • At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Sec. 5.42 Filing of Petition. Within thirty days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the same within the next five days, and if he finds it irregular in any way, or finds that the number of signers is less than twenty- five per cent of the total number of qualified electors registered in the city at the time of the regular municipal election immediately prior.to the filing of said petition, he shall so notify one or more members of the com- mittee. The committee shall then be given ten days in which to file addi- tional 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. If at the end of that time the city clerk finds the petition still insufficient or irregular he shall notify all the members of the committee to that effect and shall file-the petition in his office. No further action shall be taken thereon. Sec. 5.43 Recall Election. If the petition or amended petition be 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, on motion, provide for the holding of a special recall election throughout the city, not less than thirty nor more- than forty-five days thereafter, provided that if any other _ municipal election is to occur within sixty days after such meeting, the council may in its discretion provide for the holding of the recall election at that time_ Sec. 5.4k Procedure of Recall Election. -18- In the published call for the election there shall be given the statement of the grounds for the recall, and also in not more than five hundred words the answer of the officer concerned in justification of his course in office. At said recall election should a majority of all votes cast at said election be in favor of the recall of said officer, said officer shall be removed and the council shall thereupon declare a vacancy to exist. Said vacancy shall be filled in accordance with the provisions of Sec. 2.30 or 3.35 of this Charter. Sec. 5.45 Form of Recall Ballot • Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of ballot at such election shall be as near as may be: "Shall a be recalled from the office of ?" The name of the officer whose recall is sought being inserted in place of a, and the electors shall be permitted to vote separately "yes" or "no" upon this question. - - Sec. 5.46 Recall as Disqualification. No officer recalled as herein provided shall be appointed or elected to the office from which he was removed for a period of one year from the date of his removal. Sec. 5.47 Limitation on Recall. No recall petition .shall be filed against any officer until he has actually . held his office for at least one year. Sec. 5.50 Further'Regulations. The council may by ordinance make such further regulations as may be necessary to carry out the provisions of this article pertaining to the Initiative, the Referendum and the Recall. ARTICLE VI • Planning Commission Sec. 6.10 Organization. There shall be.a city planning commission which shall consist of seven members who shall be appointed by the Mayor, with approval of a majority of the entire membership of the council, none of whom shall hold any other office or posi- Cion in the City government. The Mayor and one member of the city council shall serve as ex-officio members of the commission. The commission shall elect its chairman from among the appointive members. 6.20 Term of Office: Vacancies. -19- • AMENDS D CHARTE R C=TIC OP V X RG=N I A ADOPTED : NOVEMBER 2 , 1 9 9 3 Per : % 30a- CHAPTER 6 INITIATIVE, REFERENDUM, AND RECALL SECTION 6 .01. POWERS RESERVED BY THE PEOPLE. The people of the City reserve to themselves the power, in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, to require such an ordinance when adopted by the Council to be referred to the registered voters for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively. SEC. 6 .02 . EXPENDITURES BY PETITIONERS. No member of any initiative, referendum or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for services rendered in connection with the circulation thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed such sums as may be provided by ordinance for stationery, copying, printing and notary's fees. Any violation of this Section is a misdemeanor. SEC. 6 .03. FURTHER REGULATIONS. The Council may provide by ordinance such further regulations for the initiative, referendum, and recall, not inconsistent with this Charter, as it deems necessary. Initiative SEC. 6 .04. INITIATION OF MEASURES. Any five registered voters may form themselves into a committee for the initiation of 20 any ordinance except as provided in Section 6 .01. Before circulating any petition they shall file a certified copy of their proposed ordinance with the person designated by the Council together with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefor. SEC. 6.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinances shall consist of the ordinance, together with all signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters at least equal to fifteen (15) percent of the number of voters casting ballots in the last regular municipal election. All the signatures need not be on one ( signature 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. 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: Name Address 1. 2. 3. The undersigned registered voters understanding the terms and the nature of the ordinance hereto attached, petition the Commission for its adoption, or, in lieu thereof, for its submission to the registered voters for their approval. 21 1. 2 . 3. At the end of the list of signatures shall be appended the affidavit of the circulator mentioned above. SEC. 6 .06 . FILING OF PETITIONS AND ACTION THEREON. All the signature papers shall be filed in the office of the person designated by the Council as one instrument. Within five days after the filing of the petition, the person designated by the Council shall ascertain by examination the number of registered voters whose signatures are appended thereto and whether this number is at least equal to fifteen (15) percent of the number of voters casting ballots in the last regular municipal election. If he finds the petition insufficient or irregular, he shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for his finding. The committee shall then be given 30 days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the Clerk shall file it in his office and shall notify each member of the committee of that fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the registered voters at the next regular or any special election at its option. SEC. 6.07 . ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the person designated by the Council shall so certify to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of 22 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 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 65 days after the date upon which it was submitted to the Council by the person designated by the Council. If the Council fails to adopt the proposed ordinance, or it is adopted in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to the vote of the registered voters at the next election; but if the number of signers of the petition is at least equal to fifteen (15) percent of the number of voters casting ballots at the last regular City election, the Council shall call a special election upon the measure. Such special election shall be held not less than 30 nor more than 45 days from the date of final action on the ordinance by the Council or after the expiration of 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 months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the person designated by the Council within 10 days of the adoption thereof by the Council, the ordinance need not be submitted to the registered voters. SEC. 6.08. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed ordinance shall state the substance of the 23 ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the registered voters voting on any such 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 same election but the voter shall be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of registered voters voting on the question shall prevail to the extent of the inconsistency. SEC. 6 .09 . INITIATION OF CHARTER AMENDMENTS. Nothing in this Charter shall be construed as in any way affecting the right of the registered voters under the Constitution and statutes of Minnesota to propose amendments to this Charter. Referendum SEC. 6 .10. THE REFERENDUM. If, prior to the date when an ordinance takes effect, a petition is signed by a number at least equal to fifteen (15) percent of the number of voters casting ballots in the last regular municipal election, and is filed with the person designated by the Council requesting that any such ordinance be repealed or be submitted to a vote of the registered voters, the ordinance shall thereby be prevented from taking effect. The Council shall thereupon reconsider the ordinance at its next regular meeting, and either repeal it or by aye and no vote re-affirm its adherence to the ordinance as passed. In the latter case the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next election, pending which the ordinance shall remain suspended. If a majority 24 of the registered voters voting thereon is opposed to the ordinance, it shall not become effective; but if a majority of the registered voters voting thereon favors the ordinance, it shall go into effect immediately or on the date therein specified. SEC. 6 .11. REFERENDUM PETITIONS. The requirements laid down in Sections 6.04 and 6.05 above as to the formation of committees for the initiation of ordinances and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. 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 Address 1. 2 . 3. 4 . 5. The undersigned petitioners 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 a vote of the registered voters for their approval or disapproval. - Name Address 1. 2 . 3. SEC. 6 .12. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 6.08 of this Charter for initiative ballots. 25 Recall SEC. 6 .13 . THE RECALL. Any five registered voters may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the City. The committee shall certify to the City the name of the officer whose removal is sought, a statement of the grounds for removal in not more than 250 words, and their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification. SEC. 6 .14. RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the person designated by the Council together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every 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. Each signature paper shall be in substantially the following form: Recall Petition proposing the recall of from his office as which recall is sought for the reasons set forth in the attached certificate. 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. 26 f Name Address 1. 2 . 3. 4 . 5. At the end of the list of signatures shall be appended the affidavit of the circulator. SEC. 6.15. FILING OF PETITION. Within thirty (30) days after the filing of the original certificate, the committee shall file the completed petition in the office of the person designated by the Council. The person designated by the Council shall examine the petition within the next following five (5) days, and if he finds it irregular in any way or finds that the number of signers is less than twenty-five (25) percent of the number of voters casting ballots in the last regular City election, he shall so notify one or more members of the committee. The committee shall then be given ten 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. If at the end of that time the person designated by the Council finds the petition still insufficient or irregular, he shall notify all the members of the committee to that effect and shall file the petition in his office. No further action shall be taken thereon. SEC. 6 .16. RECALL ELECTION. If a petition or amended petition is found sufficient, the person designated by the Council shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the i sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding 27 of a special election not less than forty-five (45) nor more than sixty (60) days after such meeting, but if any other election is to occur within sixty days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. SEC. 6.17. PROCEDURE AT RECALL ELECTION. The person designated by the Council shall include with the published or posted notice of the election the statement of the grounds for the recall and also, in not more than 500 words, the answer of the officer concerned in justification of his course in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections. SEC. 6.18. FORM OF RECALL BALLOT. Unless the officer whose removal is sought resigns within ten days after the receipt by the Council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall be recalled?" the name of the officer whose recall is sought being inserted in the blank, and the registered voters shall be permitted to vote separately "yes" or "no" upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: "Candidates to fill the place of , if recalled"; but the officer whose recall is sought shall not himself be a candidate upon such ballot. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office, and the candidate who receives the 28 f highest number of votes for his place shall be elected thereto for the remainder of the unexpired term. If the officer sought to be recalled resigns within ten days after the receipt by the Council of the completed recall petition, the form of ballot at the election shall be the same, as nearly as possible, as the form in use at a regular election. 29 a I [r 1 /l0 vA '. eero are or te Waseca, 1/te4oea ` • g 14-4 p ! e p�n1�s�7� ►v�� . J 968 1 Sec. 3.12. Fines, forfeitures and penalties. 'aseca All fines, forfeitures and penalties recovered for the violation of an ordinance unless shall be paid into the city treasure. Every court or officer receiving such monies, nance within 30 days thereafter, shall make return thereof under oath and be entitled to intro- duplicate receipts for the amount paid. One of the receipts shall duplicate receipts ssage for the amount paid. One of the receipts shall be filed with the city clerk. CHAPTER 4 -serva- Nominations and elections - ncy is st five Sec. 4.01. The regular municipal election. of any - A regular municipal election shall be held on the first Tuesday after the first -e city Monday in November of each year commencing in 1969 at such place or places as lished, the city council may designate. All elections shall be conducted as provided in the of the general laws of the State of Minnesota. CHAPTER 5 vote is Initiative, referendum, and recall iimous Sec. 5.01. Powers reserved by the people. The people of Waseca reserve to themselves the power, in accordance with the ma or provisions of this charter, to initiate and adopt any ordinance, except an ordinance ,y him. appropriating money or authorizing the levy of taxes, to require such an ordinance when passed by the council to be referred to the electors for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively. on its effecct t Sec. 5.02 Expenditures by petitioners. •- every No member of any initiative, referendum, or recall committee, no circulator of oon its a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with • • the circulation thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $50.00 for stationery, copying, to its printing, and notaries' fees. Any violation of the provisions of this section is a .nce or misdemeanor. it such >gether Sec. 5.03. Further regulations. of shall The council may provide by ordinance such further regulations for the initiative, referendum, and recall, not inconsistent with this charter, as it deems necessary. . Initiative >ns and ,hall be Sec. 5.04. Initiation of measures. es shall Any five electors may form themselves into a committee for the initiation of any ibution ordinance except as provided in Section 5.01. Before circulating any petition they III be a shall file a verified copy of their proposed ordinance with the city clerk together with notice their names and addresses as members of such committee. They shall also attach a blished verified copy of the proposed ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefor. 5 Sec. 5.05. Form of petition and of signature papers. the ordinance and rE The petition for the adoption of any ordinance shall consist of the ordinance, of the whole. The c together with all the signature papers and affidavits thereto attached. Such petition upon the ordinance, shall not be complete unless signed by a number of voters equal to at least ten per f. upon by the council cent of the total number of votes cast at the last preceding regular municipal election. to the council by th. All the signatures need not be on one signature paper, but the circulator of every, or passes it in a form such paper shall make an affidavit that each signature appended to the paper is the petitioners, the the genuine signature of the person whose name it purports to be. Each signature vote of the electors paper shall be in substantially the following form: signers of the petitio the last regular mun Initiative petition measure. Such speci from the date of fin proposing an ordinance to (stating the purpose of the ordin- t of 65 days from the ance), a copy of which ordinance is hereto attached. This ordinance is sponsored by action; but if a reg the following committee of electors: submit the ordinancf Name Address with amendments an 1. their dissatisfaction x 2. within 10 days of tl 3. submitted to the ele 4. 5. Sec. 5.08. Initiative The undersigned electors, understanding the terms and the nature of the The ballots use( ordinance hereto attached, petition the council for its adoption, or in lieu thereof, substance of the Or( for its submission to the electors for their approval. "yes" or "no" on th Name Address any such ordinance ,, 1. city. Any number of 2. but the voter shall I 3. inconsistency betwee At the end of the list of signatures shall be appended the affidavit of the cir- approved by the hit culator mentioned above. to the extent of the Sec. 5.06. Filing of petitions and action thereon. Sec. 5.09. Initiation • All the signature papers shall be filed in the office of the city clerk as one Nothing in this instrument. Within five days after the filing of the petition, the city clerk shall aster- the electors under th fain by examination the number of electors whose signatures are appended thereto to this charter. and whether this number is at least ten per cent of the total number of electors who cast their votes at the last preceding regular municipal election. If he finds the petition insufficient or irregular, he shall at once notify one or more of the committee Sec. 5.10. The refere of sponsors of that fact, certifying the reasons for his finding. The committee shall then be given 30 days in which to file additional signature papers and to correct If prior to the d the petition in all other particulars. If at the end of that period the petition is found electors of the city to be still insufficient or irregular, the clerk shall file it in his office and shall notify municipal election is each member of the committee of that fact. The final finding of the insufficiency or repealed or be subrr irregularity of a petition shall not prejudice the filing of a new petition for the same prevented from goir purpose, nor shall it prevent the council from referring the ordinance to the electors ordinance at its nexi at the next regular or any special election at its option. re-affirm its adheren ' shall immediately ord Sec. 5.07. Action of council on petition. at the next regular When the petition is found to be sufficient, the city clerk shall so certify to the suspended. If a majc council at its next meeting, stating the number of petitioners and the percentage of it shall not become c the total number of voters which they constitute, and the council shall at once read the ordinance, it she 6 ; ,W5.a ' . •!C • r �./ r/' - ! ;l to CHAP 'TrR- r J J' _ }Y,' ± r•i_ t f _ Y •, n7J 1•? ti• _` ± s' P 1 S• - < - ` ! q, • } Sp y,., -:- 1• y c � 1 - J) i0•-ya \ s x• �r,, r '•'•'.T.;..:':'-'..;,'":".-:,.., ,'t J ., ,� ye3 s r z � Ya• e•,:.•,•,•.,.:.v r' \ \ 's, 1 '� \_i ` x. s ff t• -4) 71 • l - ! 4.4.1a -.Tr ,. S•. ;-�yX t •RET TPAU K f CIY TOF WS S • 1 T fi l r. • i .. t-1l,' y `..r i 1 `ll} i� llA ',-"A• / 'Ta ' �y i - . r.r }• x Jt r pi,, } ., `\ / r j'.': i ` l n d 1.7. ...-P,t°Z,:� ,i a,a 1Sr? a z t '. 5 t Jr' -)..1:::4",',A-:,t:;,--4, 's i 1. ( �. 1 J <•, r., 1 rns ti �, tj / }.•;-,;',-.,,,......;;;,;• ;...!4 C ti • `'. :- , - ` \`\}} ,, ;`�• . - ,` ..t. 1962 UNIVEli$ITY a!• 04i02P; r.t, I, MAY 63 1f_Cr l -8— election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of their election. Sec. 4.08. Special elections. The Council may by resolution adopted by majority vote of the members-elect, order a special election for the electors of the City, and provide for holding the sane. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections. The purpose of such special election shall be clearly stated in such resolution, and no other matter shall be submitted thereat. CHAPTER V. INITIATIVE AND REFERENDUM i Sec. 5.01. Powers reserved by the people. The people of West Saint Paul reserve to themselves the power, in accordance with the y� po , provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to require such an ordinance when passed by the Council to be referred to the electors for ap- proval or disapproval. These powers shall be called the initiative, and the referendum.. respectively. Sec. 5.02. Expenditures by petitioners. No member of any initiative, or referendum committee, no circulator of a signature paper, and no signer 1 of any such paper; or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the cir- culation thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed fifty dollars ($50.00) for stationery, copying, printing, and notaries' fees. Any viola- 1 tions of the provisions of this section is a misdemeanor. r Sec. 5.03. Further regulations. The Council may provide by ordinance t such further regulations for the initiative, and referendum, not inconsistent with this Charter, as it deers necessary. Initiative i • Sec. 5.04. Initiation of measures. Any five registered electors may form themselves into a committee for the initiation of any ordinance except u as provided in Section 5.01. Before circulating any petition they shall file r a verified copy of their proposed ordinance with the City Clerk together 1 with their names and addresses as members of such committee. They shall also sattach a verified copy of the proposed ordinance to each of the signature r papers herein described, together with their names and addresses as sponsors } therefor. Sec. 5.05. Form of petition and of signature papers. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall % not be complete unless signed by a number of registered electors equal to at least ten (10) per cent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature 3 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 R 3 r. -9- whose name it purports to be. 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 electors: Name Address ' / 1. 2. 3. 4. 5. 1 The undersigned registered electors, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adop- tion, or, in lieu thereof, for its submission to the electors for their .s approval. Name Address Adding as many more lines as are necessary so that all petitioners when totaled will equal not less than 10% of the total number of votes cast at J the last preceding regular municipal election. At the end of the list of signatures shall fcirculator mentioned above. be appended the affidavit of the T # Sec. 5.06. Filing of petitions and action thereon. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within five days after the filing of the petition, the City Clerk shall ascertain by examination the number of electors whose signatures are appended thereto and whether this number is at least ten (10) per cent of the total number of electors who cast their votes at the last preceding regular munici- pal election. If he finds the petition insufficient or irregular, he shall at once notify one or more of the committees of sponsors of that fact; certi- 0 fying the reasons for his finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular; the Clerk shall file it in his office and shall notify each member of the cotmmittee of that fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same pose, nor prevent the Council from referring the ordinance to th electors atatheinext regular or any special election at its option. . -10- Sec. 5.07. Action of council cn petition. When the petition is found to be sufficient, the City Clerk shall so certify to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of electors 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 un- satisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to the vote of the electors at the next regular municipal election; but if the number of signers of the petition is equal to at least it fifteen (15) per cent of the total number of electors voting at the last regular municipal election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (36) nor more than forty-five (45) 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 4/5 of the committee of petitioners do I 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 4 Council, the ordinance need not be submitted to the electors. Sec. 5.08. Initiative ballots. The ballots used when voting upon any z such proposed ordinance shall state the substance of the ordinance and shall give the electors the opportunity to vote either "yes" or "no" on the question } of adoption. If a majority of the electors voting on any such ordinance vote in faovr of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the sane election but the elector shall be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of electors voting on the question shall prevail to the extent of the inconsistency. 4 Sec. 5.09. Initiation of charter miendnents. Nothing in this Charter contained shall be construed as in any way affecting the right of the electors under the constitution and statutes of Minnesota to propose amendments to this Charter. • - Referendum C Sec. 5.10. The referendum. If within ten (10) days of the effective date of any emergency ordinance or if prior to the date when any other ordinance takes effect; a petition signed by registered electors of the City equal in number to fifteen (15) per cent of the total vote at the last regular municipal election is filed with the City Clerk requesting 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. The Council shall there- upon reconsider the ordinance at its next regular meeting, and either repeal it or by aye and no vote reaffirm the ordinance as passed. In the latter case; 'ii -11- the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance shall remain suspended. If a majority of the electors voting there- on is opposed to the ordinance, it shall not become effective; but if a majority of the electors voting thereon favors the ordinance, it shall go into effect immediately. __ Sec. 5.11. Referendum petitions. The requirements laid down in sections 5.04 and 5.05 above as to the formation of committees for the initiation of ordinances and as to the form of petitions and signature papers shall apply .`, to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall read as follows: ' Referendum Petition i' 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 electors: g Nanp Address k 1. a 2. 3. 4. i 5. The undersigned petitioners, 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 a vote of the electors for their approval or disapproval. Name Address Adding as many lines as are necessary so that all petitioners when totaled will equal not less than 15% of the total number of votes cast at the last preceding regular municipal election. . Sec. 5.12. Referendum ballots. The form of the ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of :.; this Charter for initiative ballots. t CHAPTER VI. ADMINNISTRATION OF CITY AFFAIRS Sec. 6.01. The city manager. The City Manager shall be the chief ad- ni.nistrative officer of the City. He shall be chosen by the Council not later than thirty (30) days after the effective date of this Charter solely on the basis of his training, experience, and professional qualifications.