Article VI. Initiative, Referendum, Recall And Removal By Suit

Article VI. Initiative, Referendum, Recall And Removal By Suit

Section 6-01. Initiative and Referendum.

The electors of the City shall have the power, except as herein restricted, to propose to the council passage or repeal of ordinances and to vote on the question if the council refuses action, provided such proposed action be within the jurisdiction and authority of the council. This power shall not extend to the proposing or repealing of ordinances making or reducing the appropriation of money, fixing the salaries of City officers or employees or authorizing the repeal or reduction of the levy of any taxes. The initiative power shall be exercised in the following manner:

(1) The person or persons proposing the exercise of this power shall submit the proposal to the council which shall specify within thirty (30) days a form of petition for circulation in one or multiple copies as the proposer may desire. The petition shall contain the full text of the proposed ordinance.
(2) Within sixty (60) days after the form of the petition shall have been specified, the person or persons circulating the petition shall obtain the signatures of at least twenty-five (25) percent of the total registered voters of the City. There shall be noted after each signature on the petition the date signed and the address of the signer. Each person circulating a copy of the petition shall attach a sworn affidavit to it stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition.
(3) The signed petition shall be filed with the council within sixty (60) days of the specification of the form of the petition and, upon filing, the council shall order a canvass of the signatures through the office of the parish registrar of voters to determine their sufficiency and authenticity. The council's canvass shall be completed within thirty (30) days. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this section, the council shall notify the person or persons filing the petition of such insufficiency or deficiency and allow thirty (30) days for filing of additional papers, at the end of which time the sufficiency and correctness of the petition shall be determined finally.
(4) Within thirty (30) days after a petition shall have been certified as sufficient and correct by the council, the council shall cause the proposed ordinance, or a summary thereof, to be published in the official journal of the City at least once together with a notice of the date, time and place when and where it will be given a public hearing and be considered for passage, which notice shall appear at least ten (10) days prior to the time advertised for the hearing. At the time and place so advertised the council shall hold a public hearing, Subsequent to such hearing, the council shall either:
(a) Adopt the proposed ordinance submitted in an initiative petition, without substantive amendments, or effect the repeal referred to by such petition, or
(b) Determine to submit the proposal to the electors.
(5) If the council adopts an ordinance following the submission of an initiative petition as provided above, it shall be treated in all respects in the same manner as other ordinances adopted by the council.

(6) If an initiative ordinance is submitted to a vote of the electors as provided in Section 6-01 (4) above, the election shall take place at the next citywide regular or special election already scheduled for other purposes. The results shall be determined by a majority vote of the electors voting on the proposal.

(7) If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greater number of affirmative votes shall prevail to the extent of such conflict.

(8) An ordinance adopted by the electorate through the initiative process shall be treated in all respects in the same manner as ordinances adopted by the council provided, however, that it shall not be subject to veto by the mayor.

Section 6-02. Recall.

A. Any elected official of the City may be removed from office by the electors of the City through a recall process. The recall procedure shall be the same as is provided in the general laws of the state.

B. If, in a recall election, the majority of those voting, vote for recall, the officer named in the recall petition shall be removedipso facto from office, and the vacancy thereby created shall be filled as in the case of ordinary vacancies.

Section 6-03. Removal by Suit.

Any elected official of the City may be removed from office by court suit as provided for in the constitution and general laws of the state.

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City of Monroe Municipal Code (City Ordinances)

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