06-12-2007 Ord 819 Amend 7.03 - Laserfiche WebLink

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Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 3 of 6 Section 5.03. Determination of Petition Sufficiency. The committee shall file the completed 98 petition in the office of the Clerk-Administrator. The required number of signers shall be at least fifteen 99 percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of 100 electors who cast their votes for president at the last presidential election. Immediately upon receipt of the 101 petition, the Clerk-Administrator shall examine the petition as to its sufficiency and report to the Council 102 within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the 103 petition. 104 For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least 105 the following: 106 • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of 107 the total ballots cast for President in the most recent Presidential election. 108 • Petitions for Recall require signatures numbering at least twenty five (25) percent of the total ballots 109 cast for President in the most recent Presidential election. 110 If all requirements have been met, the Clerk-Administrator shall report to the Council within ten (10) 111 calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the 112 sufficiency of the petition by resolution. 113 114 Section 5.04. Disposition of Insufficient or Irregular Frivolous Petition If the Council determines 115 that the petition is insufficient or irregular, the Clerk-Administrator shall deliver a copy of the petition, 116 together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty 117 days in which to file additional signature papers and/or to correct the petition in all other particulars, except 118 that, in the case of a petition for recall, the committee may not change the statement of the grounds on which 119 the recall is sought. Within five days of receipt of the corrected petition, the Clerk-Administrator shall again 120 report to the Council. If the Council finds that the petition is still insufficient or irregular, the 121 Clerk-Administrator shall file the petition and notify the sponsoring committee. The final finding that the 122 petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor 123 shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or 124 special election. If the petition appears to be frivolous, the Clerk-Administrator shall report to the Council 125 within ten (10) calendar days of receipt of the petition. If the Council determines the petition is frivolous, 126 the Council shall direct the Clerk-Administrator to file the petition as frivolous and no further action shall 127 be taken. If the Clerk-Administrator determines that the petition does not meet the requirements for 128 sufficiency and is not determined to be frivolous, a copy of the petition, together with a written statement 129 of its defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar 130 days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall 131 have twenty-one (21) calendar days to file additional signature papers and/or to correct the specified 132 insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk-133 Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and 134 shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the 135 Clerk-Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten 136 (10) calendar days that no further action will be taken. The final finding that the petition is insufficient 137 shall not prejudice the filing of a new petition for the same purpose unless otherwise specified within this 138 Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the 139 subject matter of the petition to the voters at the next regular or special election. 140 141 Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a 142 ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 143 meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within one hundred 144 twenty (120) calendar days of a primary or general election and all of the county election requirements 145 can be met, the measure shall be placed on the ballot at the next regularly scheduled election. If a 146 measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a regularly 147 scheduled election, at or before its next regularly scheduled meeting, the Council shall pass a resolution 148