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ARTICLE VIII

INITIATIVE, REFERENDUM, RECALL AND SPECIAL TOWN MEETING

Part 1. General Provisions.

8.11 General Authority.

(a) Initiative.
The qualified voters of the Town shall have the power to propose ordinances to
the Council. If the Council fails to adopt an ordinance in the same form as proposed in all material respects, the voters may adopt or reject it at an election. Such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, or salaries of appointed officers or employees. Ordinances relating to the salaries of elected officials are subject to the initiative process.

(b) Referendum.
1. Ordinance.
The qualified voters of the Town shall have the power to require
reconsideration by the Council of any adopted ordinance and, if the Council fails to
repeal an ordinance so reconsidered, to approve or reject it at a Town election. Such
power shall not extend to the budget or capital program, any emergency ordinance,
or any ordinance relating to appropriation of money, levy of taxes, or salaries of
appointed officers or employees. Ordinances relating to the salaries of elected
officials are subject to the referendum process.

2. Borrowing;
Major Appropriations. No action of the Town Council which
approves the issuance of any general obligation or revenue obligation bond of the
Town or which authorizes a lease or other contractual obligation of the Town which
exceeds a term of twelve months and which requires an expenditure of Town funds
in excess of one hundred thousand dollars ($100,000.) shall be effective unless and
until said action is ratified by the qualified voters of the Town in a referendum
conducted in accordance with the provisions set forth in this Article.

(c) Recall.
The qualified voters of the Town shall have the power to recall any member of the
Town Council, School Committee, Budget Advisory Board or Water Commission in accordance with the provisions set forth in this Article.

(d) Special Town Meeting.
The qualified voters of the Town shall have the power to reconsider
any budget appropriation at a special Town meeting called by petition. The petition must cite the specific appropriation(s) to be included in the warrant for the special Town meeting.

Part 2. Initiative and Referendum.

8.21 Commencement of Proceedings; Petitioners’ Committee; Affidavit.

Any five qualified voters of the Town may commence initiative or referendum proceedings by filing with the Clerk an affidavit stating that they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and street addresses, specifying the mailing address to which all notices to the committee are to be sent, and setting out in full the proposed ordinance or the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners’ committee is filed, the Clerk shall issue the
appropriate petition blanks to the petitioners’ committee.

8.22 Petitions.

(a) Number of Signatures. Initiative and referendum petitions must be signed by qualified
voters of the Town at least equal in number to 15 percent of the total number of qualified voters who cast votes for Governor in the most recent gubernatorial election.

(b) Form and Content.
All papers of a petition shall be uniform in size and style and shall be
assembled as one document for filing. Each signature shall be executed in ink and shall be followed by the street address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

(c) Affidavit of Circulator.
Each paper of a petition shall have attached to it when filed an
affidavit which has been executed by the circulator. The circulator shall state in the affidavit that the circulator personally circulated the paper, the number of signatures thereon, that each signature was affixed in the circulator’s presence, that the circulator believes it to be the genuine signature of the person whose name it purports to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. At any time prior to the issuance of the Clerk’s certificate, a signer may have his or her name removed from the petition by filing a signed written request that this be done.

(d) Time for Filing Referendum Petitions. Referendum petitions must be filed within 30 days
after adoption by the Council of the ordinance sought to be reconsidered.

8.23 Procedure after Filing.

(a) Certificate of Clerk;
Amendment. Within 20 days after the petition has been filed, the
Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, why it is
defective. The Clerk shall promptly send a copy of the certificate to the petitioners’ committee by mail. A petition certified as insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the Clerk within two days after receiving the copy of the Clerk’s certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 8.22.

Within five days after it is filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by mail as in the case of an original petition. If a petition or amended petition is certified as sufficient, or if a petition or amended petition is certified as insufficient, and the petitioners’ committee does not elect to amend or request Council review under subsection (b) of this section within the time required, the Clerk shall promptly present the certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition.

(b) Council Review.
If a petition or amended petition has been certified as being insufficient, the
committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it. The Council’s determination shall then be a final determination as to the sufficiency of the petition.

(c) Court Review;
New Petition. A final determination as to the sufficiency of a petition shall
be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

8.24 Referendum Petitions; Suspension of Effect of Ordinance.
When a referendum petition is filed with the Town Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate on the earliest to occur of the following events:
(1) There is a final determination of insufficiency of the petition in accordance with
section 8.23 (a) or (b) hereof, or
(2) The petitioners’ committee withdraws the petition, or
(3) The Council repeals the ordinance, or
(4) The referendum is adopted at the Town election.

8.25 Action on Petitions.

(a) Action by Council.
When an initiative or referendum petition has been finally determined to
be sufficient, the Council shall promptly consider the proposed ordinance or reconsider the referred ordinance. If the Council fails to adopt the proposed ordinance without any material change within 60 days or fails to repeal the referred ordinance within 30 days after the date when the petition was finally determined to be sufficient, it shall submit the proposed or referred ordinance to the voters.

(b) Submission to Voters.
The vote on a proposed or referred ordinance or the referendum
required by section 8.11(b)(2) shall be held not less than 30 days and not later than one year from the date of the final Council vote thereon. The vote may be taken at a special election or at a regular Town election if one is to be held within the period prescribed in this subsection. Copies of the proposed or referred ordinance or the action described in section 8.11(b)(2) shall be made available to the voters within a reasonable time prior to the election.

(c) Withdrawal of Petitions.
An initiative or referendum petition may be withdrawn at any time
prior to a final determination of sufficiency of the petition by filing with the Clerk a request for
withdrawal signed by at least four members of the petitioners’ committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated.

8.26 Results of Election.

(a) Initiative. If a majority of the qualified voters voting on a proposed ordinance vote in its
favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council so long as the total number of votes cast for and against the ordinance is at least equal to 30% of the total number of qualified voters who cast votes for Governor in the most recent gubernatorial election. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

(b) Ordinance Referendum.
If a majority of the qualified voters voting on a referred ordinance
vote against it, it shall be considered repealed upon certification of the election results so long as the total number of votes cast for and against the referred ordinance is at least equal to 30% of the total number of qualified voters who cast votes for Governor in the most recent gubernatorial election.

(c) Borrowing; Major Appropriations.
If a majority of the qualified voters voting on ratification of an action of the Town Council in accordance with section 8.11(b)(2) vote in its favor, the action shall be considered ratified as required by that section.

Part 3. Recall.

8.31 Recall.
(a) Commencement of Proceedings; Recall Committee; Affidavit. Any five or more qualified
voters may commence recall proceedings by filing with the Clerk an affidavit stating that they will constitute the recall committee and be responsible for circulating the recall petition and filing it in proper form, stating their names and street addresses, specifying the mailing address to which all notices to the committee are to be sent and setting out in full the name, address and office of the Town Councilor, School Committee Member, Budget Advisory Board member or Water Commissioner sought to be recalled and a statement detailing the reason or reasons therefor. Promptly after the affidavit of the recall committee is filed, the Clerk shall issue the appropriate petition blanks to the recall committee.

(b) Petitions.

(1) Number of Signatures. Recall petitions must be signed by qualified voters of the
Town at least equal in number to 15 percent of the total number of qualified voters
who cast votes for Governor in the most recent gubernatorial election or, in the case
of a recall of a Councilor elected from a district, signed by qualified voters of the
district equal in number to at least 15 percent of the total number of qualified voters
from that district who cast votes for Governor in the most recent gubernatorial
election.

(2) Form and Content.
All papers of a petition shall be uniform in size and style and
shall be assembled as one document for filing. Each signature shall be executed in
ink and shall be followed by the street address of the person signing. Petitions shall
contain or have attached thereto throughout their circulation the full name, address
and office of the person sought to be recalled and a statement detailing the reason or
reasons therefor.

(3) Affidavit of Circulator.
Each paper of a petition shall have attached to it when filed
an affidavit which has been executed by the circulator. The circulator shall state in
the affidavit that the circulator personally circulated the paper, the number of
signatures thereon, that each signature was affixed in the circulator’s presence, that
the circulator believes it to be the genuine signature of the person whose name it
purports to be, and that each signer had an opportunity before signing to read the full
name, address and office of the person sought to be recalled and the statement
detailing the reason or reasons therefor. At any time prior to the issuance of the
Clerk’s certificate, a signer may have his or her name removed from the petition by
filing a signed written request that this be done.

(4) Time for Filing Recall Petition. A recall petition must be filed within 30 days of
the issuance of the petition blanks to the recall committee.
(c) Procedure after Filing.

(1) Certificate of Clerk; Amendment.
Within 20 days after the petition has been filed,
the Clerk shall complete a certificate as to its sufficiency, specifying, if it is
insufficient, why it is defective. The Clerk shall promptly send a copy of the
certificate to the recall committee by mail. A petition certified as insufficient for
lack of the required number of valid signatures may be amended once if the recall
committee files a notice of intention to amend it with the Clerk within two days after
receiving the copy of the Clerk’s certificate and files a supplementary petition upon
additional papers within ten days after receiving the copy of such certificate. Such
supplementary petition shall comply with the requirements of subsections (b)(2) and
(b)(3) of section 8.31. Within five days after it is filed, the Clerk shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a copy
of such certificate to the recall committee by mail as in the case of an original
petition. If a petition or amended petition is certified as sufficient, or if a petition or
amended petition is certified as insufficient, and the recall committee does not elect
to amend or request Council review under subsection (2) of this section within the
time required, the Clerk shall promptly present the certificate to the Council and the
certificate shall then be a final determination as to the sufficiency of the petition.

(2) Council Review.
If a petition or amended petition has been certified as being
insufficient, the recall committee may, within two days after receiving the copy of
such certificate, file a request that it be reviewed by the Council. The Council shall
review the certificate at its next meeting following the filing of such request and
approve or disapprove it. The Council’s determination shall then be a final
determination as to the sufficiency of the petition.

(3) Court Review; New Petition.
A final determination as to the sufficiency of a
petition shall be subject to court review. A final determination of insufficiency, even
if sustained upon court review, shall not prejudice the filing of a new petition for the
same purpose.

(d) Actions on Petitions.
The Council shall, within 30 days following a final determination that
the recall petition is sufficient, hold a municipal election for the purpose of submitting the question of recall to a vote of the qualified voters of the Town or, in the case of recall of a Council or Budget Advisory Board member elected from a district, the qualified voters of that district. Pending the outcome of the election, the elected official who is the subject of the recall petition shall continue to exercise all of the privileges of his or her office. An official shall be recalled when a majority of those voting thereon shall have voted in the affirmative so long as the total number of votes cast for and against recall is at least equal to 30% of the total number of qualified voters who cast votes for Governor in the most recent gubernatorial election. The Council shall within 30 days after the voters have recalled an official hold a special election to fill the vacancy.

(e) Candidacy of Incumbent.
An official who is recalled by the voters shall be allowed to seek
re-election at the special election called for the purpose of filling the vacancy created by the recall by filing a notice with the Town Clerk that he or she wishes to have his or her name appear on the ballot. The request shall be filed no later than the fifteenth day preceding the election. The official shall not be required to circulate a nomination petition. Other qualified voters who seek to fill the vacancy created by the recall shall have until the fifteenth day preceding the election to file with the Town Clerk a petition as required by the Charter for a regular municipal election.

(f) Recall Ballot.
The ballot for recall shall contain the following question: “Shall (name of
person being subjected to recall) be recalled from the office of (name of office)?” Immediately below such question shall appear in the following order the words “yes” and “no” and to the left of each, a square in which the voter may indicate his or her vote.

Part 4. Special Town Meeting.

8.41 Commencement of Proceedings; Petitioners’ Committee; Affidavit.
Any five or more qualified voters of the Town may commence proceedings to call a special Town meeting to reconsider budget article(s) by filing with the Clerk an affidavit stating that they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in the proper form, stating their names and street addresses, specifying the mailing address to which all notices to the committee are to be sent, and setting out in full the budget article(s) to be included in the special Town meeting warrant. Promptly after the affidavit of the petitioners’ committee is filed, the Clerk shall issue the appropriate petition blanks to the petitioners’
committee.

8.42 Petitions for Special Town Meeting.
(a) Number of Signatures. Petitions calling for a special Town meeting must be signed by
qualified voters of the Town equal in number to at least 15 percent of the total number of qualified voters who cast votes for Governor in the most recent gubernatorial election.

(b) Form and Content. All papers of a petition shall be uniform in size and style and shall be
assembled as one document for filing. Each signature shall be executed in ink and shall be followed by the street address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the budget article(s) to be included in the special Town meeting warrant.

(c) Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an
affidavit which has been executed by the circulator. The circulator shall state in the affidavit that the circulator personally circulated the paper, the number of signatures thereon, that each signature was affixed in the circulator’s presence, that the circulator believes it to be the genuine signature of the person whose name it purports to be, and that each signer had an opportunity before signing to read the full text of the budget article(s) to be included in the special Town meeting warrant. At any time prior to the issuance of the Clerk’s certificate, a signer may have his or her name removed from the petition by filing a signed written request that this be done.
(d) Time for Filing Special Town Meeting Petitions. Special Town meeting petitions must be
filed within 15 days after the budget being questioned became legally adopted.

8.43 Procedure After Filing.

(a) Certificate of the Clerk; Amendments. Within 5 days after the petition is filed, the Clerk
shall complete a certificate as to its sufficiency, specifying, if it is insufficient, why it is defective. The Clerk shall promptly send a copy of the certificate to the petitioners’ committee by mail. A petition certified as insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the Clerk within two days after receiving the copy of the certificate and files a supplementary petition upon additional papers within five days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 8.42. Within five days after it is filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by mail as in the case of an original petition. If a petition or amended petition is certified as sufficient, or if a petition or amended petition is certified as being insufficient and the petitioners’ committee does not elect to amend or request Council review under subsection (b) of this section within the time required, the Clerk shall promptly present the certificate to the Council and the certificate shall then be a final determination as to the sufficiency of
the petition.

(b) Council Review. If a petition or amended petition has been certified as being insufficient, the
committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at a Council meeting to be held within 3 days following the filing of such request and approve or disapprove it. The Council’s determination shall then be a final determination as to the sufficiency of the petition.

(c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall
be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose it filed within the time required in the case of an original petition.

8.44 Special Town Meeting Petitions; Suspension of Effect of Budget Articles.
When a petition for a special Town meeting is filed with the Town Clerk, the budget article(s) to be included in the special Town meeting warrant shall be suspended from taking effect. Such suspension shall terminate on the earliest to occur of the following events:
(1) There is a final determination of insufficiency of the petition in accordance with section
8.43(a) or (b) hereof, or
(2) The petitioners’ committee withdraws the petition, or
(3) The special Town meeting acts on the budget article(s).

8.45 Action on Petitions.

(a) Action by Council.
When a petition for a special Town meeting has been finally determined
to be sufficient, the Council shall set a date for a special Town meeting to be held not later than 15 days after such determination. Copies of the special Town meeting warrant shall be made available at the Town Office as soon as practicable and shall be available at the special Town meeting.

(b) Withdrawal of Petitions.
A petition for a special Town meeting may be withdrawn at any
time prior to a final determination of sufficiency of the petition by filing with the Clerk a request for withdrawal signed by at least four members of the petitioners’ committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

8.46 Results of Special Town Meeting.

(a) Budget Article(s). If a majority of the qualified voters voting on a budget article at a special
Town meeting vote in its favor it shall be considered adopted, and shall be treated in all respects in the same manner as budget articles of the same kind adopted by the Council, so long as the total number of votes cast for or against the budget article at the special Town meeting is at least 250. If the special Town meeting does not adopt a budget article(s) as provided herein, the original budget article passed by the Council will immediately take effect.

(b) If the budget, or any part thereof, has not been finally adopted on July 1, then the budget for
the prior year, or part thereof corresponding with that being challenged, shall remain proportionately in effect.