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HomeMy WebLinkAboutItem 07A Attachment C Charter Reso 2007-01eCharter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Michael Haubrich 763.432.3181 Thai W Vang 763.792.1750 Resolution No. 2007-01e Mounds View Charter Commission Final Version Dated Jul 12, 2007 Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for housekeeping and clarification updates to sections of the Mounds View Charter that have caused confusion or seem to be semantically incorrect. The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Red and stricken language. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Charter Commission Objectives: Update Chapter 5 and related sections of the Charter while maintaining original powers and authority granted. 1. Improve readability and clarify the process, required steps, and time line for circulating and submitting a petition to the City for Initiative, Referendum or Recall. 2. Improve the Chapter’s elapsed time definitions to calendar days and include appendices charting time allowed for each procedural action. 3. Chapter 3, Section 3.05, 3.07, and 3.09 clarification of ordinance process to allow time for Referendum petitions. 4. Section 5.01 define the term voter, clarify the use of appendices, and clarify voter authority for petitions. 5. Section 5.02 define committee as Sponsoring Committee, its size and membership requirement, petition signer requirement, and city staff responsibilities. 6. Section 5.03 clarify the process and requirements for petition sufficiency. 7. Section 5.04 clarify the process for insufficient petitions. 8. Section 5.05 new section to specify and clarify procedure and time allowed for voter requested ballot issues. 9. Section 5.06 clarify the process for Initiative and its time line. 10. Section 5.07 correct Council and staff procedure and correctly align ordinance process to voter requested referendum procedure. 11. Section 5.08 clarify requirements for Recall and the time line for actions of Clerk- Administrator and Council. 12. Through-out the Chapter change Clerk/Administrator to Clerk-Administrator . 13. Section 5.09 (moved from old section 5.06) correct electors to voters and added the reference for MN Statutory authority for Charter amendments. 14. Throughout the Chapter clarify Mounds View resident terminology usage so that references are more consistent rather than having references to people of Mounds View, registered voters, citizens of Mounds View, and voters. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 1 of 6 CHAPTER 3 1 COUNCIL PROCEDURE 2 3 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and 4 read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No 5 ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The 6 enacting clause shall be "The City of Mounds View ordains". No ordinance, except an emergency ordinance, 7 shall be adopted at the meeting at which it is introduced and at least fourteen (14) calendar days shall elapse 8 between its introduction and final adoption. Every ordinance must contain a specified effective date as 9 noted in Section 3.09 of this Charter. 10 11 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall 12 be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every ordinance 13 shall be published at least once in the official newspaper as soon as practicable no earlier than eight (8) 14 calendar days nor later than seventeen (17) calendar days from the date of passage, either in its complete 15 form preceded by a summary of its contents or as a title and summary.1 16 17 The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than 18 brevier or eight (8) point type. A copy of any new ordinance may be obtained from the City at no cost. 19 The entire text of the ordinance shall be posted on the City’s web site, if there is one, in a manner that can 20 be identifiable by subject matter or ordinance number. A copy shall also be available in the community 21 library, if there is one, or if not, in any other public location which the Council designates. 22 23 In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that 24 publication of the title and a summary of an ordinance would clearly inform the public of the intent and 25 effect of the ordinance, the Council may by a four-fifths (4/5th) vote of its members, direct that only the title 26 of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available 27 for inspection during regular office hours at the office of the Clerk-Administrator. Prior to the publication 28 of the title and summary, the Council shall approve the text of the summary and determine that it clearly 29 informs the public of the intent and effect of the ordinance, and shall further state that the complete text of 30 the ordinance is on file at the office of the Clerk-Administrator. The publishing of the title and summary 31 shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had 32 been published. A copy of the publication shall be attached to and filed with the ordinance for reference. 33 To the extent and in the manner prohibited provided by law an ordinance may incorporate by reference a 34 statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without 35 publishing the material referred to in full, so long as the complete reference to the item is included. 36 (Amended, Ord. 700, 8-26-2002) 37 38 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency 39 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other 40 ordinance shall take effect thirty (30) calendar days after its publication or at such later date as it specifies 41 unless challenged by a petition for referendum that is not deemed to be frivolous by the Council. In the 42 event of a petition for referendum that is not deemed to be frivolous, the Council must suspend the 43 effective date of the ordinance as specified in Section 5.07 of this Charter. 44 45 46 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 2 of 6 CHAPTER 12 47 MISCELLANEOUS AND TRANSITORY PROVISIONS 48 49 Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general 50 circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in which 51 shall be published ordinances and , other matters required by law andor this Charter to be so published, as 52 well as suchand any other matters as the Council may deem itis in the public interest to have published in this 53 manner. 54 55 CHAPTER 5 56 INITIATIVE, REFERENDUM AND RECALL 57 58 Section 5.01. Powers Reserved by the People. General Voter Authority*. The people of Mounds 59 View, reserve to themselves the powers have the right, in accordance with the provisions of this Charter, to 60 initiate and adopt ordinances and resolutions, to require measures passed by the Council to be referred to the 61 electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the 62 initiative, the referendum, and the recall, respectively to propose ordinances [initiative] and to require that 63 any ordinance be referred to the voters [referendum], except those that appropriate money, levy taxes or 64 deal with administrative issues (MN Statute 410.20, as amended). The voters also have the right to 65 remove elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to 66 residents of the City of Mounds View who first register, or who have registered and are qualified to vote. 67 Per Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those 68 who were eligible to or did cast ballots in the previous election. For clarity flow charts and time lines are 69 attached as appendices at the end of this charter. In all cases, the Charter text shall take priority over the 70 appendices should there appear to be a discrepancy. 71 72 Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be 73 sponsored by a committee of five registered(5) to ten (10) members who are voters of the City and whose 74 names and addresses shallmust appear on the petition as the Sponsoring Committee. A completed petition 75 may consistconsists of one or more papers, but each pages gathered together as a single document. Each 76 separately circulated paper page shall contain at its head, or attached thereto, the information specified in 77 sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer 78 shall be a registered voter of the City and shall sign their name and give their street address.The Sponsoring 79 Committee may obtain a sample petition from the Clerk-Administrator. The Clerk-Administrator shall 80 provide the number of signatures for petition sufficiency which is based on the total number of ballots cast 81 for President in the most recent Presidential election. All petition circulators must be voters of the City. 82 Each separate page of the petition shallmust have appended to it include a certificate signed and dated by 83 the circulator, verified by oath,. The certificate shall affirm that each signature appended thereto was made 84 in theirthe circulator’s presence and that the circulator believes them the page to be contain the genuine 85 signatures of the person voters whose names it they purports to be. The person making the certificate shall 86 be a resident of the City and registered to vote. and that each signer was presented with the full petition. 87 Each signer of a petition must be a voter of the City and must sign and print their name and give their 88 street address. The completed petition shall be submitted to the Clerk-Administrator for review. Any 89 personvoter whose name appears on a petition may withdraw their name by filing a statement in writing 90 filed with the Clerk-Administrator before saidthe Clerk-Administrator advises the Council of the 91 information related to the sufficiency of the petition or, if such completed petition is deemed insufficient 92 pursuant to this Charter, during any time period that additional signature papers are being circulated by the 93 Sponsoring Committee or reviewed by the Clerk-Administrator pursuant to Section 5.04. Consistent with 94 the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by 95 ordinance or resolution, the definition of a frivolous petition. 96 97 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 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 4 of 6 placing the measure on the ballot and calling for a special election to be held within one hundred twenty 149 (120) calendar days of said meeting. However, no special elections can be held between a regular primary 150 election and a regular general election or forty (40) calendar days after a regular general election. If there 151 is no regular primary election then no special election shall be held within sixty (60) calendar days prior to 152 a regular general election. 153 154 Section 5.05.06. Initiative*. Any An ordinance may be proposed by a petition which shall state at 155 the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the 156 proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the 157 amended form by a statement filed with the Clerk-Administrator within ten days of its passage by the 158 Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a 159 form acceptable to the majority of the sponsoring committee within sixty days after the final determination of 160 sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next 161 election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the 162 Council shall call a special election on the ordinance to be held within such period.. The exact text of the 163 proposed ordinance must be stated at the head of each page of the petition or attached thereto. The 164 petition shall be filed in the Clerk-Administrator's office prior to circulation and shall be valid for one 165 hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. 166 If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within one 167 hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final 168 determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the Council 169 must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the measure 170 on a ballot as provided in Subdivision 3. Any amendment to the proposed ordinance must proceed 171 according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty (30) 172 calendar days after publication unless the ordinance specifies a later effective date. If the vote for adoption 173 fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a 174 proposed ordinance fails the same measure is prohibited from being brought forward again as an initiative 175 within one hundred eighty (180) calendar days of the election certification. Failure of a ballot measure for 176 a proposed ordinance shall not prevent the Council from proposing a similar ordinance. 177 178 Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without 179 amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption 180 process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as defined 181 in Section 5.07. 182 183 Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it 184 must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. The 185 Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended proposed 186 ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk-187 Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council 188 must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the 189 ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the 190 Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as 191 amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the 192 referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the ordinance, 193 as amended, must be placed on the ballot as provided in Section 5.05. If an amended ordinance is 194 approved at a first reading, the Council may choose to submit the ordinance, as amended, as a ballot 195 measure. 196 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 5 of 6 Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to submit the 197 ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this 198 Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty 199 (30) calendar days after adoptioncertification of the election results unless the ordinance specifies a later 200 effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 201 650, 8-16-2000) 202 203 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected 204 to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text 205 of the measure to be considered by the electorate voters. The Sponsoring Committee must file the 206 completed petition in the office of the Clerk-Administrator at least ten (10) calendar days before the 207 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be 208 taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to 209 be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be 210 prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the 211 next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, 212 the Council shall call a special election to be held within such period, providing the petition has been found to 213 be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall 214 remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the 215 petition, it shall be considered repealed upon certification of the election results the Council must 216 immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote 217 of the public. The Council must also immediately pass a resolution to place the measure on a ballot as 218 provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the 219 petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes 220 against the ordinance contained in the petition, it shall be considered repealed upon certification of the 221 election results. If the petition does not meet the requirements of sufficiency under the provisions in 222 Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution 223 suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring Committee 224 will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the 225 specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the 226 ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is 227 declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective 228 date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned 229 in this section. (Amended, Ord. 651, 8-16-2000) 230 231 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City 232 may be initiated by petition. The voters of the City may request a recall vote of any elected official of the 233 City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating 234 the name of the official whose removal is sought, the grounds for recall, constituting which shall be 235 malfeasance, or misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and 236 the intention of the sponsoring committeeSponsoring Committee to bring about the official's recall. Such 237 The petition shall be filed in the Clerk-Administrator's office prior to circulation. and shall be valid for 238 one hundred eighty (180) calendar days during which time a completed petition with signatures must be 239 filed. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this 240 chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify 241 the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall 242 at its next meeting, by resolution, provide for the holding of special recall election within ninety days after 243 such meeting, except if any other election is to occur within ninety day period after such meeting, the Council 244 may in its discretion provide for the holding of the recall vote at that time. The Clerk-Administrator shall 245 include with the published notice of the election the statement of the grounds for the recall and, also in not 246 more than 500 words, the answer of the officer concerned in justification of their course of office. 247 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 6 of 6 The Clerk-Administrator shall notify the official sought to be recalled of the petition and proceed as 248 provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be frivolous, it is 249 prohibited from being repeated within one year of the determination. If the Council declares the petition 250 sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 251 5.05 of this charter. Within fourteen (14) calendar days of the declaration of sufficiency, the elected 252 official named by the petition may provide a response for their own course of action in not more than five 253 hundred (500) words. The Clerk-Administrator shall include with the published notice of the election, the 254 statement of the grounds for the recall and the response of the official concerned or a statement stating no 255 response was received. If a majority of those voting on the recall vote in its favor, it shall become 256 effective immediately upon certification of the election results. If the majority does not vote in favor, the 257 recall has failed and a petition for recall is prohibited from being repeated for that elected official for one 258 year from the date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 259 herein shall apply to fill said vacancy. 260 261 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 262 any way affecting the right of the electors voters to propose amendments to this charter which can be 263 proposed in accordance with MN Statute 410.12, as amended. 264 265 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 266 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 267 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 268 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 269 some sort. 270 City Council must immediately adopt resolution/s declaring the petition sufficiency, suspending the Ordinance and placing the measure on a ballot. Sec 5.07 Prepare for ballot within 120 days of City Council passing a resolution to place the measure on a ballot. Sec 5.05, 5.07 Did a majority of those voting on the Ordinance vote in favor Sec 5.07 Ordinance takes effect immediately unless a later date is specified in the Ordinance Sec 5.07 Ordinance fails and Is considered repealed. Sec 5.07 Yes No Mounds View Charter Appendix C - Referendum Process Flow Diagram – Revision Date 7/12/2007 Obtain at least 15% of the number of votes cast for President, most recent election Sec 5.03 Deliver all required information to Clerk- Administrator at least 10 calendar days prior to Ordinance taking effect Sec 5.07 Is this the first time Petition Is being tested for Sufficiency ? Sec 5.03 No Yes No Yes Yes No Have all requirements been met ? Sec 5.03, 5.04 Form Committee of 5 to 10 members. Sec 5.02 Have all requirements been met ? Sec 5.03, 5.04 Within 10 calendar days of receiving completed petition, Clerk-Administrator notifies the City Council and Sponsoring Committee of deficiencies. Sec 5.04 Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk-Administrator. Sec 5.04 Within 9 calendar days of receiving corrected petition Clerk-Administrator reports to City Council - Sec 5.04 Within 10 calendar days of receiving completed petition Clerk-Administrator reports to City Council - Sec 5.03 File petition as insufficient and notify Sponsoring Committee within 10 calendar days that no further action will be taken. Sec 5.04 Council determined petition was frivolous ? Sec 5.02, 5.04 Declare petition frivolous & notify Sponsoring Committee no further action will be taken. Sec 5.07 Yes No City Council offers an amendment ? Sec 5.06 Hold First Reading, schedule a public hearing pursuant to MN Stat. 410.12 and any additional requirements. Sec 5.06 Sponsoring Committee disapproves the amendment within 14 calendar days? Sec 5.06 Prepare for ballot within 120 days of City Council resolution to place the measure on a ballot. Sec 5.05. City Council pass Ordinance by majority vote ? Sec 5.06 Ordinance takes effect 30 calendar days after publication unless a later date is specified in the Ordinance Sec 5.06 Yes Yes Yes No No No Did a majority of those voting on the Ordinance vote in favor Sec 5.06 Ordinance takes effect 30 calendar days after election unless a later date is specified in the Ordinance. Sec 5.06 Ordinance fails and process ends for this petition. Sec 5.06 Yes No Mounds View Charter Appendix B - Initiative Process Flow Diagram – Revision Date 7/12/2007 City Council immediately declares sufficiency by resolution and must either adopt an Ordinance or pass a resolution to place the measure on a ballot within 60 calendar days. Sec 5.03, 5.06 Obtain at least 15% of the number of votes cast for President, most recent election Sec 5.03 Within 180 days of filing petition, Deliver All Required Information to Clerk-Administrator Sec 5.06 Is this the first time petition is being tested for sufficiency ? Sec 5.03 No Yes No Yes Within 10 calendar days of receiving completed petition, Clerk-Administrator notifies the City Council and Sponsoring Committee of deficiencies. Sec 5.04 File petition as insufficient and notify Sponsoring Committee within 10 calendar days that no further action will be taken. Sec 5.04 Within 9 calendar days of receiving corrected petition Clerk-Administrator reports to City Council - Sec 5.04 Within 10 calendar days of receiving completed petition Clerk-Administrator reports to City Council - Sec 5.03 Have all requirements been met ? Sec 5.03, 5.04 Yes No Have all requirements been met ? Sec 5.03, 5.04 Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk-Administrator. Sec 5.04 Yes Form Committee of 5 to 10 members and file a copy of the petition with the Clerk- Administrator prior to circulation. Charter Sec 5.02, 5.06 City Council must pass a resolution to place the measure on a ballot. Sec 5.05, 5.06. City Council Chooses to place Measure on a ballot without amendment ? Yes No City Council Chooses to place measure on a ballot No Yes City Council Chooses to place measure on a ballot No Yes Council determined petition was frivolous ? Sec 5.02, 5.04 Declare petition frivolous & notify Sponsoring Committee no further action will be taken. Sec 5.06 Yes No Mounds View Charter Appendix D Adoption of Ordinance with allowance for Citizen Referendum - Timeline Revision Date 7/12/2007 Set a public hearing for proposed Ordinance Hold public hearing & First Reading not required to be in the same meeting >= 10 days >= 14 days Second Reading / adoption 8 – 17 days = 30 days First opportunity for referendum petition submission Publication of Ordinance >= 10 days Submit completed referendum petition with signatures to Clerk-Administrator Ordinance takes effect unless challenged by a non frivolous referendum petition = 30 days Clerk-Administrator provides a written report. The Council either determines the petition is frivolous; passes resolution/s for petition sufficiency, suspending the Ordinance and placing the Ordinance on a ballot; or passes a resolution delaying the effective date of the Ordinance 30 days to allow process completion. Ordinance takes effect unless referendum petition is sufficient Submit completed referendum petition with deficiencies corrected to Clerk-Administrator >= 9 days Council either, passes resolution/s for petition sufficiency, suspending the Ordinance and placing the Ordinance on a ballot, or directs the petition be filed as insufficient and the Ordinance takes effect. Clerk-Administrator provides written notice of petition insufficiency to Sponsoring Committee <= 21 days <= 10 days If the City Council passed a resolution to place the Ordinance on a ballot, it must occur within 120 days of the resolution pursuant to Charter Section 5.05 See Appendix A Referendum process pursuant to Chapter 5 Ordinance process pursuant to Chapter 3 Form Sponsoring Committee of 5 to 10 members <= 28 days Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall Revision Date 7/21/2007 Date of regular primary election if scheduled. A special election may be scheduled concurrent with primary election even if it is less than 60 days prior to the general election. Special election. If a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. Date of regular general election. A special election may be scheduled concurrent with general election. Max 120 days Date of resolution to prepare for a ballot Special election. If a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. No Special Election | 60 days No Special Election | 40 days Election Year Date of resolution to prepare for a ballot Non Election Year No Special Election If primary scheduled | 60 days Obtain at least 25% of the number of votes cast for President, most recent election Sec 5.03 Within 180 days of filing petition, deliver all required information to Clerk- Administrator Sec 5.08 Is this the first time petition is being tested for Sufficiency ? Sec 5.03 No Yes No Declare petition terminated due to insufficiency & notify Sponsoring Committee no further action will be taken. Sec 5.04The official shall be allowed 14 calendar days to provide a response in not more than 500 words. Sec 5.08 Prepare for ballot within 120 days of City Council passing a resolution to place the item on a ballot. Sec 5.05, 5.08 Did a majority of those voting on the recall vote in Favor Sec 5.08 The official is recalled and the vacancy shall be filled pursuant to Section 4.05 of the City Charter. Sec 5.08 Recall fails. Sec 5.08 Yes No Mounds View Charter Appendix E - Recall Process Flow Diagram – Revision Date 7/12/2007 Yes No Form Committee of 5 to 10 members and file copy of petition stating the official’s name and the grounds for recall with Clerk- Administrator prior to circulation. Charter Section 5.02, 5.08 The Clerk-Administrator shall notify the official sought to be recalled of the petition Sec 5.08 Within 10 calendar days of receiving completed petition, Clerk-Administrator notifies the City Council and Sponsoring Committee of deficiencies. Sec 5.04 Within 9 calendar days of receiving corrected petition Clerk-Administrator reports to City Council - Sec 5.04 Within 10 calendar days of receiving completed petition Clerk-Administrator reports to City Council - Sec 5.03 Have all requirements been met ? Sec 5.03, 5.04 Have all requirements been met ? Sec 5.03, 5.04Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk-Administrator. Sec 5.04 City Council must immediately pass a resolution declaring sufficiency and placing the item on a ballot. Sec 5.03, 5.08 Yes NoCouncil determined petition was frivolous ? Sec 5.02, 5.04 Declare petition frivolous & notify Sponsoring Committee no further action will be taken. Sec 5.08 No Yes