Loading...
HomeMy Public PortalAboutCharter Amendment ProcedureCITY CHARTER AMENDMENT PROCEDURE Section 12.5 of the Charter of the City of Jefferson, which is entitled "Charter Amendment", provides three methods for amendment of the charter. These methods are as follows: 1.Council Proposal. The city council may pass an ordinance to amend the charter. The ordinance shall state that the proposed charter amendment shall be submitted to the voters of the city. The election shall be held as stated in the ordinance. 2.Petition. An amendment may be proposed by a petition of not less than 10% of the qualified registered voters of the city. The petition setting forth the proposed amendment shall be filed with the city clerk. The council will immediately pass an ordinance which states that the proposed charter amendment shall be submitted to the voters of the city at the next election held in the city. The election shall be held at least sixty days after the passage of the ordinance. Alternatively, a special election may be held. 3.Commission. The amendment may be framed and submitted to the voters in the same manner as the original charter was submitted to the voters. Ordinance to be Submitted to People. Section 19 of the state constitution requires the city council to submit, by ordinance, the question of whether a comnission shall be chosen to amend the charter. If the ordinance takes effect more than sixty days before the next election, the question shall be submitted at such election. If the ordinance does not take effect more than sixty days before the next election, the question shall be submitted at the next general election thereafter. Petition by Qualified Voters. \ul0 The question shall also be submitted on a petition signed by ten percent of the qualified voters of the city. This petition must be filed with the city clerk. The number of electors required to sign any petition shall be based upon the total number of electors voting at the last preceding general city election. The city clerk shall determine the sufficiency of the petition. Special Election. If the petition prays for a special election and is signed by 20 % of the qualified electors of the city, a special election shall be held at least sixty but not more than ninety days after petition is filed. The question and the names or groups of names of the electors of the city who are candidates for the commission, shall be printed on the same ballot without party designation. Commission Candidates. Candidates for the commission shall be nominated by a petition signed by not less than two percent of the qualified electors voting at the next preceding city election. The petition shall be filed with the city clerk at least thirty days prior to the election. If a majority of the electors voting on the question vote in the affirmative, the thirteen candidates receiving the highest number of votes shall constitute the commission Charter Amendment. The amendment framed by the Commission, shall be submitted to the electors of the city an election held at a time fixed by the commission. The election shall not be less than thirty days after the completion of the charter nor more than one year from the date of the election of the commission. Inclusion in Charter. If the amendment is approved by a majority of qualified voters, it shall become part of the charter. The amendment shall replace any existing charter and amendment provisions which relate to the topic of the amendment. Time for Process. Six municipal elections are held each year and the proposed charter amendment could be presented for a vote at any of these elections. Using the council-initiated method or the petition method, at least sixty days would pass from the initial notification to the council until the proposal is placed on the ballot. If the commission method is chosen, the question of whether to form a commission to frame the amendment would be submitted to voters at the general election. Then another election shall be held at least thirty days after the amendment is completed to determine whether the voters approve of the amendment. Although the charter does not require submission of the petition to the City Clerk and City Counselor before circulation of the petition to the general population, the City requests that the petitions be submitted for approval as to form.