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Mounds View Charter Commission Date: 5/08/2007 Revision e—Chapter 5 Clear Text used to produce Resolution 2007-01 a Page 4 of 4 143 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be 144 subjected to a referendum by a petition which shall state at the head of each page, or attached thereto, 145 the exact text of the measure to be considered by the voters. The Sponsoring Committee must file the 146 completed petition in the office of the Clerk-Administrator at least ten(10) calendar days before the 147 ordinance takes effect. If the petition is found to be sufficient under the provisions of Section 5.03 of 148 this chapter, the City Council must immediately adopt a resolution suspending the effective date of the 149 ordinance until it is decided by a vote of the public. The Council must also immediately pass a 150 resolution to place the measure on a ballot as provided in Section 5.05 of this Charter. If a majority of 151 the-voters favors the ordinance contained in the petition, it shall take effect immediately unless the 152 ordinance specifies a later date. If a majority votes against the ordinance contained in the petition, it 153 shall be considered repealed upon certification of the election results. (Amended, Ord. 651, 8-16-2000) 154 If the petition cannot meet the requirements of sufficiency under the provisions in Section 5.03 of this 155 chapter, the City Council must adopt a resolution suspending the effective date of the ordinance for 156 thirty(30) calendar days and the sponsoring committee will have 21 calendar days in which to file 157 additional signature papers and/or to correct the specified irregularity according to Section 5.04. If the 158 final finding is that the petition is insufficient, the Ordinance shall take effect on the date declared by the 159 resolution of suspension. If the corrected petition is declared sufficient according to Section 5.03, the 160 City Council must pass a resolution suspending the effective date of the ordinance until it can be 161 decided by a vote of the public and proceed as previously mentioned in this section. 162 163 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of 164 the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate 165 stating the name of the official whose removal is sought, the grounds for recall constituting malfeasance 166 or misfeasance in office, in not more than 250 words, and the intention of the sponsoring committee to 167 bring about the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to 168 circulation and shall be valid for 180 days during which time a completed petition with signatures must 169 be filed. The Clerk-Administrator shall notify the official sought to be recalled of the petition and 170 proceed as provided in Section 5.03 and 5.04 of this Charter. If the City Council is able to declare the 171 petition sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for 172 in Section 5.05 of this charter. Within 14 calendar days of the declaration of sufficiency, the elected 173 official named by the petition may provide an answer for their own course of action in not more than 174 500 words. The Clerk-Administrator shall include with the published notice of the election, the 175 statement of the grounds for the recall and the answer of the official concerned or a statement stating no 176 answer was received. If a majority of those voting on the recall vote in its favor, it shall become 177 effective immediately upon certification of the election results. If the majority does not vote in favor, 178 the recall has failed and a petition for recall is prohibited from being repeated for that elected official for 179 one year from the date of certification of the election. If a vacancy occurs due to recall election, Section 180 4.05 herein shall apply to fill said vacancy. 181 182 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 183 any way affecting the right of the voters to propose amendments to this charter which can be proposed 184 in accordance with MN Statute 410.12,as amended. 185 186 Minnesota courts have limited the powers of initiative and referendum to ordinances which are 187 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 188 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 189 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 190 some sort.