CHAPTER 5

INITIATIVE, REFERENDUM AND RECALL

Section 5.01. Powers Reserved by the People. The people of Mounds View reserve to themselves the powers in accordance with the provisions of this Charter to initiate and adopt ordinances and resolutions, to require measures passed by the Council to be referred to the voters for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively. The term voter(s), as used in Chapter 5, shall refer to only qualified and registered voters of the City of Mounds View.

Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be sponsored by a committee of five voters of the City whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each separately circulated paper shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer shall be a voter of the City and shall sign their name and give their street address. Each separate page of the petition shall have appended to it a certificate by the circulator, verified by oath, that each signature appended thereto was made in their presence and that the circulator believes them to be the genuine signature of the voter whose name it purports to be. The circulator making the certificate shall be a voter of the City. Any voter whose name appears on a petition may withdraw their name by a statement in writing filed with the Clerk-Administrator before said Clerk-Administrator advises the Council of the sufficiency of the petition.

Section 5.03. Determination of Sufficiency. The committee shall file the completed petition in the office of the Clerk-Administrator. The required number of signers shall be at least fifteen percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of voters who cast their votes for president at the last presidential election. Immediately upon receipt of the petition, the Clerk-Administrator shall examine the petition as to its sufficiency and report to the Council within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the petition.

Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines that the petition is insufficient or irregular, the Clerk-Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty days in which to file additional signature papers and/or to correct the petition in all other particulars, except that, in the case of a petition for recall, the committee may not change the statement of the grounds on which the recall is sought. Within five days of receipt of the corrected petition, the Clerk-Administrator shall again report to the Council. If the Council finds that the petition is still insufficient or irregular, the Clerk-Administrator shall file the petition and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election.

Section 5.05. Initiative. Any ordinance may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the Clerk-Administrator within ten days of its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a form acceptable to the majority of the sponsoring committee within sixty days after the final determination of sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election on the ordinance to be held within such period. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after adoption unless the ordinance specifies a later effective date. (Amended, Ord. 650, 8-16-2000)

Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the voters to propose amendments to this charter.

Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to referendum by a petition which shall state at the head of each page, or attached thereto, the exact text of the measure to be considered by the voters. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election to be held within such period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the voters voting thereon votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. (Amended, Ord. 651, 8-16-2000)

Section 5.08. Recall. Consideration by the voters of the recall of any elected officer of the City may be initiated by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall, which shall be malfeasance, misfeasance or nonfeasance in office, in not more than 250 words, and the intention of the sponsoring committee to bring about the officer's recall. Such petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify the officer 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 special recall election within ninety days after such meeting, except if any other election is to occur within ninety day period after such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk-Administrator shall include with the published 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 their course of office. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy.