The Town Council Wants to Change Article VIII. Initiative, Referendum, Recall and Special Town Meeting

Part 2. Initiative and Referendum

Sec. 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.

From this:

(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.

To this:

(c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review "and the time limits relating to that petition shall be told during the review process." A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. "A new petition shall proceed independently of the proceedings to determine the sufficiency of the prior petition."

Part 3 Recall

Sec. 8.31 [Generally.]

From this:

(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.

To this:

(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. "Where voters have recalled an official, the Council shall fill the vacancy thus created in accordance with the provisions of Section 2.11 of this Charter." - Please see their proposed changes on Article II, Section 2.11 in our previous post.

For the complete article, please visit http://www.municode.com/resources/gateway.asp?pid=13348&sid=19 and click on the number of the article and then the section.