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HomeMy WebLinkAboutDraft and Phrase July 19 Report • MINUTES DRAFTING AND PHRASEOLOGY COMMITi'E DATE: July 19, 1979 PLACE: Mounds View City Hall TIME: 7:00 P. M. PRESENT: Jim Wills, Chairman Neil Loeding Duane McCarty Ruth White Carol Ziebarth (arrived at 7:50 P.M. BUSINESS: Chairman Wills stated that he received a letter from Bill Doty dated July 13, 1979, wherein he presented his resigiation • from the committee as a voting member. As of July 19, 1979, the chairman accepted Doty's resignation, such resignation to be effective as of July 13, 1979, and presented the secretary with the letter of resignation. Reviewed Chapter 4, "Nominations and Elections", and Chapter 5, "Initiative, Referendum and Recall", of the proposed City Charter and made corrections and/or additions where necessary. (See attached. ) Section. 4.07. Vancancy of Municipal Elected Office - - tabled for-more-study-. Jim Wills excused from meeting @ 10:15 P.M. Carol Ziebarth excused from meeting @ 11:05 P.M. ADJOURNED: 1:20 A.M. • • • CHAPTER 4 NOMINATIONS AND ELECTIONS Sec. 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each even numbered year commencing in 1980 at such places as the city council shall designate. All elected and qualified officers provided for by this Charter shall assume their duties at the first meeting of the office to which they were elected following such election. At least fifteen days prior notice shall be given by the city clerk by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the city stating the time and the places of holding such election, and of theofficers to be elected. Failure to give such notice shall not invalidate such election. • Sec. 4.02. Special Elections. The council shall, by resolution order a special election and provide all means for holding it. The clerk shall give at least fifteen days published prior notice of a special election. The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this Charter. - - Sec. 4.03. Filing for Office. No earlier than thirty-seven days or later than thirty days before any municipal election, any resident of the city qualified under state law for elective office may, by paying a filing fee to the city clerk in an amount as set by ordinance, have his/her name placed on the municipal ballot. • • Sec. 4.04. Judges and Clerks of Election. The council shall at least ten days • before each municipal election appoint from qualified electors election judges and/or clerks of election. Sec. 4.05. Procedure at Elections. Consistent with the provisions of this Charter and applicable state laws, the council may by ordinance further regulate the conduct of municipal elections. Sec. 4.06. Canvass of Elections. The returns shall be delivered to the clerk as soon as practicable following the close of the polls after any election under this Charter. The council shall meet and canvass the returns thereof and declare the results within three days after the election. A plurality of votes for a qualified elective officer shall constitute an election. The clerk shall then forthwith give notice to the officers elected of their respective elections. • Sec. 4.07. Vacancy of Municipal Elected Office. • -2- • Sec. 4.07. Vacancy of Municipal Elected Office. Subdivision 1. If a vacancy in an elected office of the city should occur with 365 days or more remaining in the vacated office, there shall be a special election held within 45 days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. In the case of a vacancy where there remains less than 365 days in the unexpired term, under this section the council shall by a majority vote appoint a successor to serve for the remainder of said term. Sub. 2. Notwithstanding the 45 day requirement in subdivision 1, should the vacancy in an elected municipal office occur within 90 days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular • election. • • CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Sec. 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 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. 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registered voters of the city whose names and addresses shall appear on the petition. Such petition shall be filed in the city • clerk's office prior to circulation. A petition may consist of one or more papers, but each separately circulated paper shall contain at its head, or attached thereto, the material required by sections 5.05 or 5.07, respectively. Each signer shall sign his/her name and give his/her street address. Each separate page of the petition shall have appended to it a certificate by the circulator, verified by oath, that each signature is the genuine signature of the person whose name it purports to be. The person mak ng_the certificate shallbea resident of the city and registered to vote-. Sec. 5.03. Determination of Sufficiency. Within thirty days after the filing of the original material required by sections 5.05 or 5.07, as the case may be, the committee shall file the completed petition in the office of the city clerk. Within five days after the filing of the petition, the city clerk shall ascertain by examin- ation the number of electors whose signatures are appended thereto. This number shall • be at least ten percent for initiative and referendum, and at least twenty percent for recall of the total number of electors who cast their votes at the last regular city election. ' • The city clerk shall then have an additional five days to report to the city council as to the sufficiency of the petition. Upon receiving the report, the council shall determine and declare whether or not the petition is sufficient within fourteen days. Sec. 5.04. Disposition of Insufficient or Irregular Petition. If the council determines that the petition is insufficient or irregular, the city clerk 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. If at the end of that period the council finds that the petition is still insufficient or irregular, the city clerk shall file the petition in the clerk's office 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. Sec. 5.05. Initiative. An ordinance, resolution or measure may be proposed by a petition which shall state at the head of each page, or attached thereto, the exact text of any of these proposed measures. The council shall enact the proposed measure within thirty days after the final determination of the sufficiency of the petition, or place the measure 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 those voting on the measure vote in its favor, it shall become effective thirty days after certification of the election results, unless the measure specifies a different effective date subsequent to the certification. -2- . Sec. 5.06. Initiative of Charter Amendments. Nothing in this chapter shall be construed as in any way affecting the right of the electors to propose amend- ments to this Charter. Sec. 5.07. Referendum. An ordinance, resolution or measure passed by the council may be considered by the electorate through a petition for referendum. The petition shall state at the head of each page, or attached thereto, the exact text of the ordinance, resolution or measure to be considered by the electorate. If the petition submitted under this section is found to be sufficient, 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, resolution or measure contained in the petition, it shall remain • in effect. If a majority of the electors voting thereon votes against the ordinance, resolution or measure contained in the petition, it shall be considered repealed upon certification of the election results. Sec. 5.08. Certificate of Recall. A committee formed for the purpose of bringing about the recall of any elected officer of the city shall file a certificate with the city clerk naming 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 the officer's recall. A copy of this certificate shall be attached to each signature paper, and no signature paper shall be put into circulation until the certificate has been filed with the city clerk. Sec. 5.09. Recall Petition. The petition for the recall of any official shall 411 follow the petition requirements as outlined in Sec. 5.02. • -3- • • Sec. 5.10. Determination of Sufficiency of Petition for Recall. Within thirty days after the filing of the original material required by sections 5.05 or 5.07, as the case may be, 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 the city clerk finds it irregular in any way, or finds that the number of signers is less than required in section 5.03 of this chapter; the city clerk shall so notify one or more members of the committee. The committee shall then be given 30 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 on which the recall is sought. If at the end of that time the city clerk finds the petition still insufficient or irregular, the city clerk shall notify all the members of the committee to that effect and shall file the petition in the city offices. No further action shall be taken thereon. The final finding that the recall petition is 0 insufficient or irregular shall not prejudice the filing of a new petition for the same purpose. Sec. 5.11. 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 thirty days nor more than forty-five days after such meeting, except 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 vote at that time. The city clerk 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 justifi- • cation of his/her course of office. If a vacancy occurs due to a recall election, section 4.07 herein shall apply to fill said vacancy. -4-