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2013-07 BILL NO. 2013-7 AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; REPEALING SECTION 5.02; AND ADDING A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter 5 of the charter and has recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendments was held on May 28, 2013 by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved by the People. The people of Richfield reserve to themselves the powers of initiative, referendum and recall, to be exercised, in accordance with the provisions of this Charter;to ••• - - •e - - -- - - - - - - - • - e.•- • -- - - - - - - the passed by the Council to be referred to the registered voters for approval -_ -- - -, - - --e - •• - _ -_- , - _-_ . - . Initiative is the process for voters to propose and adopt an ordinance. Referendum is the process to require an ordinance passed by the council to be referred to the voters for approval or disapproval. Recall is the process for removing an elected public official from office. Initiative and referendum may not be used with an ordinance that appropriates money, authorizes the levy of taxes, or involves land use or zoning. 2.03. Section 5.02 of the Richfield City Charter is repealed. 2.04. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any five ten residents of the City who are registered voters may form themselves into a sponsoring committee for the initiation of any e - - -- - --e - • - - - - - - -- moneyl or authorizing the levy of taxes an ordinance as permitted by section 5.01 of this Charter. Before circulating any petition they shall the committee must file an affidavit and its proposed petition a verified copy of their proposed-ordinance with the City Clerk;. The affidavit must state that a committee has been formed, must contain,, together with their the names and addresses as of the committee members of such committee , and must be signed by each member of the committee, whose signatures must be verified by a notary public. They shall The committee must also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their the committee members' names and addresses as sponsors thereof. The ordinance must relate to only one subject which is clearly expressed in the petition. Every circulator of a signature paper must be a resident of the state of Minnesota. 2.05. Section 5.05 of the Richfield City Charter is amended to read as follows: Section 5.05. Form of Petition and of Signature Papers. The petition for the adoption of any ordinance shall must consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such A petition shall is not be complete unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall must be in substantially the following form: 2 INITIATIVE PETITION Proposing an ordinance to (Stating the Purpose of the Ordinance). A certified a copy of which the proposed ordinance is herete attached. Sponsoring Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. ( -- - _ _ •- _ • _ _ - _ _- _ __ _ - The affidavit of the circulator must be attached at the end of each signature paper.) 3 2.06. Section 5.06 of the Richfield City Charter is amended to read as follows: Section 5.06. Filing of Petition and Action Thereon. All the signature papers shall must be filed in the office of the City Clerk as one instrument. Within five (5) ten (10) working days after the filing of that petition, the City Clerk shall must ascertain by examination, the number of registered voters in the City whose signatures are appended thereto attached and whether this number is at least five percent (5%) of the total number of registered voters at the time of the last regular municipal election. The validity of the signatures must be judged as of the day the petition was filed. If the City Clerk finds the petition is found to be insufficient or irregular, the City Clerk shall must at once notify one or more of the sponsoring committee of that fact, certifying the reasons for the finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, it-shall-be-filed LfT by the City Clerk shall file the petition in the City Clerk's office and notify each member of the committee shall be notified of that fact . The final finding of the insufficiency or irregularity of a petition shall does not prejudice the filing of a new petition for the same purpose, nor shall does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.07. Section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk shall must so certify to the Council at its next meeting, stating the number of petitioners valid signatures on the petition and the percentage of the total number of registered voters at the time of the last regular municipal election which they constitute, and thc. The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council hall thereupon provide for must hold a public hearings hearing upon the ordinance, _ -- - -* - - -- -- _ _ _ _ • • . . . . . . . . A ft e r the public hearing, but not later than sixty-five (65) days after the City Clerk date-upon which-it-was submitted the ordinance to the Council by the City Clerk, the Council must take final action on the ordinance. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the sponsors, the proposed ordinance shall must be submitted by the Council to a vote at the next regular municipal election, but if the number the si -of number of valid signatures on the petition is equal to at least fifteen percent (15%) of the total number of registered voters at the time of the last regular municipal election, the Council shall must call a special election upon the measure. Such special election shall must be held in accordance with the requirements of state law, 4 but not less than thirty (30) nor more than forty five (45) sixty (60) daysfrom date of final action on the ordinance by the Council or, if there has been no final action, from after the expiration of sixty-five (65) days from the date of submission to the Council when there has becn no final action; but if a regular election is to occur within three months, the Council may must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee do not express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. 2.08. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 5.08. Initiative Ballots. The ballots used when voting upon any such proposed ordinance shall must state the substance of the ordinance and shall must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it shall thereupon become becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question shall prevail prevails to the extent of the inconsistency. 2.09. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten percent (10%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be is prevented from going into operation. All the signature pages must be filed as one instrument. The City Clerk must ascertain by examination the sufficiency of the petition within ten (10) working days and must certify the results of that examination to the Council at its next regular meeting. The Council shall must thereupon reconsider the ordinance at-its next regular meeting, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall must immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance shall remain remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall does not become effective; but if a majority of the voters favor the ordinance, it takes effect immediately or on the date therein specified. 5 2.10. Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of committees, the form of petitions and signature papers, and residency requirements for committee members and circulators, for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance)—a. A certified copy of which the ordinance is hereto attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned qualified registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to a vote of the voters for their approval or disapproval. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 6 3. (At the end of the list of signatures shall be appended the Affidavit The affidavit of the circulator must be attached at the end of the list of signatures.) 2.11. Section 5.14 of the Richfield City Charter is amended to read as follows: Section 5.14. The Recall. No less than 25 registered voters may form themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee shall must be from the Council Member's district. The committee shall must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and their the committee's intention to bring about his or her recall. A copy of this certificate shall must be attached to each signature paper and no signature paper shall may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.12. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The petition for the recall of any Council Member shall must consist of a certificate identical to that filed with the City Clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Every circulator of a signature paper must be a resident of the state of Minnesota. Each signature paper shall must be in • substantially the following form: RECALL PETITION Proposing the recall of from the office as which recall is sought for the reasons set forth in the attached certificate. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Address 1. 2. 3. jlisting all members of the committee) Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. At the end of the list of signatures shall be appended the Affidavit The affidavit of the circulator must be attached at the end of the list of signatures. 2.13. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days after the filing of the original certificate, the committee shall must file the completed petition in 8 the office of the City Clerk. The City Clerk shall must examine the petition within the next fivc (5)ten (10) working days and if the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk shall must so notify one or more members of the committee. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they the committee may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, the clerk shall must notify all the members of the committee to that effect and shall file the petition in the City Clerk's office. No further action shall be taken thereon. 2.14. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17. Recall Election. If the petition or amended petition is found sufficient, the City Clerk shall must transmit it to the Council without delay, and shall must also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. If the Council Member sought to be recalled does not resign within ten (10) days after having been given such notice, the Council shall, at its next meeting occurring more than ten (10) days after the receipt by the Council of the recall petition, by resolution, provide for the holding of a special recall election not more than 45 75 days after such meeting, but if any other election is to occur within sip three months after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. If the special recall election involves a one or more district Council Member, the recall election shall must be conducted only within the district(s) of such the affected Council Member. If-it involves several district Council Members, the election shall be conducted - - •- _ ' _ _ _ - __ • -• _- . If it involves a Council Member who is elected at large, the election shall must be a City-wide election. 2.15. Section 5.18 of the Richfield City Charter Is amended to read as follows: Section 5.18. Procedure at Recall Election. The City Clerk shall must include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. The election shall must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.16. Section 5.19 of the Richfield City Charter is amended to read as follows: 9 Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be: "Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.17. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the electors or resigns after a petition has been filed for his or her recall, the vacancy shall must be filled in the following manner: If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council shall must call a special election to fill the vacancy for the balance of the Council Member's term. Such election shall must be called within ten (10) days after such recall or resignation, and the special election shall must be held in accordance with state law and not loes than thirty (30)RO-F more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term shall must be nominated in the usual way and the election shall must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.18. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read as follows: Section 5.22. Offenses; Penalty. It is unlawful for a person to: a. sign a name other than that person's own name to an initiative, referendum or recall petition; b. circulate an initiative or referendum petition without required attachments; c. circulate an initiative, referendum or recall petition when unqualified to do so; 10 d. sign an initiative, referendum, or recall petition when that person knows he or she is not qualified to do so; e. make a false affidavit in connection with an initiative, referendum, or recall petition; f. pay or offer to pay a person, or receive payment or agree to receive payment, for signing an initiative, referendum or recall petition; g. pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition. This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators fully disclose all contributions received to the city clerk upon submission of the petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.19. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances and Resolutions Take Effect. A resolution and or an emergency ordinance shall take effect is effective immediately upon its passage or at such later date as is fixed in it. An ordinance that is expressly excepted from referendum under section 5.01 of this Charter is effective on the day following publication or such later date as is fixed in it. Every other ordinance shall take effect is effective aft on the thirtieth (30) day, exclusive of after the day of publication; or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall take effect is effective immediately upon its adoption, or at such a later time as fixed therein. 2.20. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.21. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. 11 Passed by the City Council of the City of Richfield, Minnesota this 11th day of June, 2013. Debbie Goettel, Mayor ATTEST: \4/e/tA Nancy Gibbs, it lerk 12 City of Richfield e (Official Publication) BILL NO.2013-7 g.9;j'° ' AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND P C —1 �aoFeg- w CLARIFYING PROCEDURES FOR INITIATIVE,REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; -- MEDIA AMENDING SECTIONS 3.09,5.01,5.04,5.05,5.06,5.07,5.08,5.11,5.12,5.14, 5.15,5.16,5.17,5.18,5.19,AND 5.20 OF THE RICHFIELD CITYCHARTER;RE- PEALING SECTION 5.02;AND ADDING A NEW SECTION 5.22 TO THE RICH- AFFIDAVIT OF PUBLICATION FIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: STATE OF MINNESOTA ) Section 1. Background:findings;authority. )SS. 1.01.The City of Richfield(City)is governed by home rule charter adopted pur- COUNTY OF HENNEPIN ) suant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410(Act). Jeremy Bradfield, being duly sworn on an 1.02.The Charter Commission of the City has proposed the adoption of certain oath, states or affirms that he is the Amendments to Chapter 5 of the charter and has recommended to the City Coun- Advertising Director of the newspaper(s) cil that the Amendments be adopted by City Council ordinance in the manner pre- scribed by Section 410.12,Subdivision 7,of the Act. known as 1.03.A public hearing on the Amendments was held on May 28,2013 by the City Council after two weeks'published notice containing the text of the Amendments Richfield Sun-Current as required by the Act.The notice contained a brief description of the nature and scope of the Amendments.All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04.The Council finds and determines that it is in the best interests of the City and has full knowledge of the facts stated and its inhabitants that the Amendments be adopted. below: Section.2 Adoption:effective date;filing,. (A)The newspaper has complied with all of 2.01.The Amendments as proposed by the Charter Commission are adopted. the requirements constituting qualifica- 2.02.Section 5.01 of the Richfield City Charter is amended to read as follows: tion as a qualified newspaper as provid- Section 5.01. Powers Reserved by the People. The people of Richfield reserve ed by Minn. Stat. §331 A.02, §331 A.07, to themselves the powers of initiative,referendum and recall,to be exercised,in and other applicable laws as amended. accordance with the provisions of this chther (B)The printed public notice that is at- -• _ ---- --- . .:_ -_ _- _._ , , -- ,_ per(s) once each week, for one suc- efteetively. Initiative is the process for voters to propose and adopt an ordinance. s;it was first published on Referendum is the process to require an ordinance passed by the council to be cessive week ( ) p referred to the voters for approval or disapproval. Recall is the process for re- Thursday, the 20 day of movi g an elected public official from office. Initiative and referendum may not June , 2013, and was there- be used with an ordinance that appropriates money,authorizes the levy of taxes, or involves land use or zoning. after printed and published on every 2,03.Section 5.02 of the Richfield City Charter is repealed. Thursday to and including Thursday,the 2.04.Section 5.04 of the Richfield City Charter is amended to read as follows: day of ,2013; and printed below is a copy of the lower Section 5.04.Initiation of Measures. Any 4ve ten residents of the City who are P pY registered voters may form themselves into a sponsoring committee for the initi- case alphabet from A to Z, both inclu- ationofaay- r. - ---: ___ _ . -- _-= _ --r-r _ -=' sive, which is hereby acknowledged as an ordinance as permitted by section 5.01 of this Charter. Y g Before circulating any petition theyslaall the committee must file an affidavit and being the size and kind of type used in its proposed petition with the City the composition and publication of the Clerk7.The affidavit must state that a committee has been formed,must contain- p p togetlaerwith their the names and addresses ere of the committee members et notice: and must be signed by each member of the committee,whose signatures must be verified by a notary public.W-laey shall The committee must abcdefghijklmnopqrstuvwxyz also attach a verified copy of the proposed ordinance to each of the signature pa- pers herein described,together with their the committee members'names and addresses as sponsors thereat. The ordinance must relate to only one subject which is clearly expressed in the petition.Every circulator of a signature paper must be a resident of the state of Minnesota. 2.05.Section 5.05 of the Richfield City Charter is amended to read as follows: Section 5.05.Form of Petition and of Signature Papers.The petition for the adop- tion of any ordinance e4a4 must consist of the ordinance,together with all the sig- nature papers and affidavits tlaerete attached.Sash A petition ehall is not t*corn- BY: plete unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular municipal Advertisin Director election.All the signatures need not be on one signature paper,but the circulator g of every snap signature paper ehail must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it pur- ports to be.Each signature paper ehel4 must be in substantially the following form: Subscribed and sworn to or affirmed INITIATIVE PETITION before me on this 20 day of Proposing an ordinance to (Stating the June , 2013. Purpose of the Ordinance). A certified a copy of wi'iela the proposed ordinance is laerete attached. Sponsoring Committee n This ordinance is sponsored by the following committee of City of Richfield resi- t DX/C.--666-4-44-1,_ dents who are registered voters: ll Name Address Notary Public 1. 2. 3. 4. JULIA I. HELKENN 5• NOTARY PUBLIC-MINNESOTA Instructions to Petition Signers rt,f0MeriArAMMANWIAMV 1,_k_,v Mu Comm.r'�p.Jan.91,2015 You are being asked to sign a petition. You must be a resident of,and a regis- tered voter in,the City of Richfield. Every person signing this petition must do `+'I so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensa- tion for signing your name to the petition. Proposing the repeal of an ordinance to (stating the pur- pose undersigned registered voters,understanding the terms and nature of the or- pose of the ordinance)-a. A certified copy of wgiela tt a ordinance is 14erete at- The attached,petition the Council for its adoption,or,in lieu thereof,for its tached. submission to the voters for their approval. Sponsoring Committee Date Legal Signature Name(print legibly)Address(print legibly) The proposed repeal is sponsored by the following committee of City of Richfield 1 residents who are registered voters: 2 Name Address 1. 3. 2. 3. (- -- --- - -- '- - -'--- r-- -- -Theaffidavitofthecir- 4, culator reeatiepe eve must be attached at the end of each signature paper.) 5, 2.06.Section 5.06 of the Richfield City Charter is amended to read as follows: Instructions to Petition Signers Section 5.06. Filing of Petition and Action Thereon.All the signature papers elaell You are being asked to sign a petition. You must be a resident of.and a regis- must be filed in the office of the City Clerk as one instrument. Within tiys-(F)ten tered voter in,the City of Richfield. Every person signing this petition must do (101 working days after the filing of that petition,the City Clerk eg&must ascer- so in the presence of the person circulating the petition. It is a criminal offense Lain by examination,the number of registered voters in the City whose signatures to sign a name other than your own to the petition or to accept comoensa- are appended therete attached and whether this number is at least five percent tion for signing your name to the petition. (5%)of the total number of registered voters at the time of the last regular mu- nicipal election. The validity of the signatures must be iudged as of the day the The undersigned qualified registered voters,understanding the nature of the or- petition was filed.If the City Clerk finds the petition is-found to be insufficient or dinance hereto attached and believing it to be detrimental to the welfare of the irregular,the City Clerk 014014 must at once notify one or more of the sponsoring City,petition the Council for its submission to a vote of the voters for their ap- committee of that fact,certifying the reasons for the finding.The committee shall proval or disapproval. then be given thirty(30)days in which to file additional signature papers and to Date Legal Signature Name(print legibly)Address(print legibly) correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular,ire-tiled-by the City Clerk shall 1. file the petition in the City Clerk's office and notify each member of the commit- 2 tee egall be notified of that fact b,the-Citf-Clark. The final finding of the insuffi- ciency or irregularity of a petition elael4 does not prejudice the filing of a new pe- 3, tition for the same purpose,nor e14a14 does it prevent the Council from referring , the ordinance to the voters at the next regular or special election at its option. (' -- '-' r -° - . =`•- - '- :-' r ---- -- The affidavit of the circulator must be attached at the end of the list of sip_ 2.07.Section 5.07 of the Richfield City Charter is amended to read as follows: natures.) Section 5.07.Action of Council on Petition.When the petition is found to be suf- 2,11.Section 5.14 of the Richfield City Charter is amended to read as follows: ficient,the City Clerk ekali must so certify to the Council at its next meeting,stat- ing the number of petitienere valid signatures on the petition and the percentage Section 5.14.The Recall.No less than 25 registered voters may form themselves of the total number of registered voters at the time of the last regular municipal in a committee for the purpose of bringing about the recall of any Council Mem- election which they constituteraad the. The Council shall at once read the ordi- ber including the Mayor. If the committee seeks the recall of a district Council nance and may refer it to an appropriate committee. The committee or Council Member,the registered voters constituting the committee ebali must be from the must hold a public hearings hearing upon the ordi- Council Member's district. The committee 81%41 must certify to the City Clerk the nanc=, name of the Council Member whose removal is sought, a statement of the G €4l. After the public hearing.but not later than sixty-five(65)days after the grounds for removal in not more than 250 words,and their the committee's in- City Clerk submitted the ordinance to the Council 49y-t148 tention to bring about his or her recall. A copy of this certificate el&must be at- 6ity-Clerk,the Council must take final action on the ordinance.If the Council fails tached to each signature paper and no signature paper e14all may be put into cir- to pass the proposed ordinance,or passes it in a form different from that set forth culation previous to such certification. in the petition and unsatisfactory to the sponsors,the proposed ordinance e14a44 The grounds as set forth in the recall petition must be predicated on one or more must be submitted by the Council to a vote at the next regular municipal election, charges of malfeasance, nonfeasance or both. For this purpose the word but if the number of valid signatures on the petition is "malfeasance"means the performance of an act by a Council Member in his or equal to at least fifteen percent(15%)of the total number of registered voters at her official capacity that is wholly illegal and wrongful and the word"nonfeasance" the time of the last regular municipal election,the Council ehall must call a spe- means the neglect or refusal,without sufficient excuse,to do that which it is the cial election upon the measure. Such special election ekail must be held in ac- Council Member's legal duty to do so. cordance with the requirements of state law,but not ieee tlaeo4birty.30)nor more than-44944y,4i4.344.6)sixty(60)days from date of final action on the ordinance by the 2.12.Section 5.15 of the Richfield City Charter is amended to read as follows: Council or.if there has been no final action,from a#er the expiration of sixty-five Section 5.15. Recall Petitions.The petition for the recall of any Council Member (65)days from the date of submission to the Council (41*A must consist of a certificate identical to that filed with the City Clerk togeth- %etieR;but if a regular election is to occur within three months,the Council Raey er with all the signature papers and affidavits thereto attached.All the signatures must submit the ordinance at that election. If the Council passes the proposed need not be on one signature paper,but the circulator of every signature paper ordinance with amendments and at least four-fifths(4/5)of the sponsoring com- egall must make an affidavit that each signature appended to the paper is the mittee do not express their dissatisfaction with such amended form by a state- genuine signature of the person whose name it purports to be. Every circulator ment filed with the City Clerk,within ten(10)days of the passage thereof by the of a signature paper must be a resident of the state of Minnesota.Each signature Council,the ordinance need not be submitted to the voters. paper e14ei4 must,be in substantially the following form: 2.08.Section 5.08 of the Richfield City Charter is amended to read as follows: RECALL PETITION Section 5.08. Initiative Ballots.The ballots used when voting upon any such pro- proposing the recall of from the office as posed ordinance heap must state the substance of the ordinance and seal)must which recall is sought for the reasons set forth in the at- give the voters the opportunity to vote either"yes"or"no"on the question of tached certificate. adoption. If a majority of the votes on any such ordinance are in favor of it,it eiaei4 thereupon-beeeRae becomes an ordinance of the City. Any number of proposed Sponsoring Committee ordinances may be voted upon at the same election,but the voter 814011 must be allowed to vote for or against each separately. In case of inconsistency between This movement is sponsored by the following committee of registered voters el- two initiated ordinances approved at one election,the one approved by the high- igible to vote on candidates for that office. er percentage of voters voting on the question ehail pro ail prevails to the extent Name Address of the inconsistency. 1. 2.09.Section 5.11 of the Richfield City Charter is amended to read as follows: 2. 3. Section 5.11. The Referendum. If prior to the date when an ordinance takes ef- (listing all members of the committee) feet a petition signed by qualified registered voters of the City equal in number to ten percent(10%)of the total number of registered voters at the time of the last Instructions to Petition Signers regular municipal election is filed with the City Clerk requesting that any such or- You are being asked to sign a petition. You must be a resident of,and a regis- dinance be repealed or submitted to a vote of the registered voters,the ordinance tered voter in.the City of Richfield. Every person signing this petition must do ohall aereby-be te prevented from going into operation. All the signature pages so in the presence of the person circulating the petition. It is a criminal offense must be filed as one instrument.The City Clerk must ascertain by examination to sign a name other than your own to the petition or to accept compensa- the sufficiency of the petition within ten(10)working days and must certify the re- tion for signing your name to the petition. sults of that examination to the Council at its next regular meeting.The Council peal)must thereupon reconsider the ordinance ,and by The undersigned registered voters,all being eligible to vote on candidates for that majority vote either repeal or affirm the ordinance as passed. If the ordinance is office,understanding the nature of the charges against the Council Member here- affirmed,the Council peal)must immediately order a special election to be held in sought to be recalled,desire the holding of a recall election for that purpose. thereon,or submit the ordinance at the next regular municipal election,pending ate Legal Signature Name(print legibly)Address(print legibly) which the ordinance elaep remoir+remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance,it heap does not become ef- 1. fective;but if a majority of the voters favor the ordinance,it ehall into takes ef- fect immediately or on the date therein specified. 2. 2.10.Section 5.12 of the Richfield City Charter is amended to read as follows: 3• Section 5.12. Referendum Petition.The requirements laid down in Sections 5.04 - - - - - - - --'-' == ---- - - ' °J The affidavit of and 5.05 above as to the formation of committees,the form of petitions and sig- the circulator must be attached at the end of the list of signa- nature papers,and residency requirements for committee members and circula- turps. tors•for the initiation of ordinances shall apply to the referendum but with such 2.13.Section 5.16 of the Richfield City Charter is amended to read as follows: changes as may be necessary. A referendum petition shall read substantially as follows: Section 5.16. Filing of Petition. Within thirty(30)days after the filing of the orig- A Y inal certificate,the committee eeeil must file the completed petition in the office REFERENDUM PETITION of the City Clerk. The City Clerk 80044 must examine the petition within the next ten(10)working days and if the clerk finds it irregular in any way,or finds 2.20.This ordinance is effective ninety(90)days after its publication,except that that the number of signers is less than twenty-five percent(25%)of the total if within sixty(60)days after publication a petition requesting a referendum on number of registered voters eligible to vote on candidates for that office at the this ordinance,signed by the number of registered voters of the City required by last preceding regular municipal election,the City Clerk eked must so notify one the Act is filed with the City Clerk,this ordinance will not be effective until ap- or more members of the committee. The committee shall then be given ten(10) proved by 51%of the voters voting on the question of its adoption at the spe- days in which to file additional signature papers and to correct the petition in all cial election called by the Council for that purpose. other respects,but 4k4ey the committee may not change the statement of the 2.21.On the effective date of the Amendment,the City Clerk is authorized and grounds upon which the recall is sought.If at the end of that time the City Clerk directed to file copies of the Amendment with the Secretary of State of the State finds the petition still insufficient or irregular,the clerk skall must notify all the of Minnesota,.the Hennepin County Recorder,and the CityClerk'sofficetogether members of the committee to that effect and shall file the petition in the City with the certifcate required by Section 410.11 of the Act. Clerk's office. No further action shall be taken thereon. 2.14.Section 5.17 of the Richfield City Charter is amended to read as follows: Passed by the City Council of the City of Richfield,Minnesota this 11th day of June,2013. Section 5.17. Recall Election. If the petition or amended petition is found suffi- cient,the City Clerk elaa#must transmit it to the Council without delay,and shell must also officially notify the person sought to be recalled of the sufficiency of ATTEST: the petition and of the pending action. If the Council Member sought to be re- called does not resign within ten(10)days after having been given such notice, Nancy Gibbs,City Clerk the Council shall,at its next meeting occurring more than ten(10)days after the (Jun.20,2013)D2-Bi112013-7 receipt by the Council of the recall petition,by resolution,provide for the hold- ing of a special recall election not bbeoo than 30 more than 44 75 days after such meeting,but if any other election is to occur within ei> 0)-days three months after such meeting,the Council may in its discretion provide for the hold- ing of the recall election at that time. If the special recall election involves a one or more district Council Memberfs),the recall election spell must be conducted only within the district()of etleh the affected Council Member(). If a'e ee If it involves a Council Member who is elect- ed at large,the election e4a4 must be a City-wide election. 2.15.Section 5.18 of the Richfield City Charter Is amended to read as follows: Section 5.18. Procedure at Recall Election. The City Clerk eha9 must include with the published notice of the election the statement of the grounds for recall and also,in not more than 500 words,the answer of the Council Member con- cerned in justification of his or her course in office. The election eheU must be conducted as far as possible,in accordance with the usual procedure in munic- ipal elections. 2.16.Section 5.19 of the Richfield City Charter is amended to read as follows: Section 5.19. Form of Recall Ballot.The form of the ballot at such election shall be: "Shall be recalled'?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately"Yes"or"No"upon this ques- tion. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.17.Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the electors or resigns after a petition has been filed for his or her re- call,the vacancy ekreli must be filled in the following manner: If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be,the vacancy ehell must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation,the Council spell must call a special election to fill the va- cancy for the balance of the Council Member's term. Such election ehali must be called within ten(10)days after such recall or resignation,and the special election spell must be held in accordance with state law and not #y434*aes'more than sixty(60)days after the meeting at which the election is called.Candidates to fill the unexpired term 84 all must be nominated in the usual way and the election spell must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary elec- tion and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.18.Chapter 5 of the Richfield City Charter is amended by adding a subdivi- sion to read as follows: Section 5.22.Offenses:Penalty. It is unlawful for a person to: a.sign a name other than that person's own name to an initiative,referendum or recall petition; b.circulate an initiative or referendum petition without required attachments; c.circulate an initiative,referendum or recall petition when unqualified to do so; d.sign an initiative,referendum,or recall petition when that person knows he or she is not qualified to do so; e.make a false affidavit in connection with an initiative,referendum,or recall pe- on' f.pay or offer to pay a person,or receive payment or agree to receive payment, for signing an initiative,referendum or recall petition; g.pay or offer to pay a person,or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initia- tive.referendum,or recall petition. This subsection does not prohibit the pay- ment of salary and expenses for circulation of the petition on a basis not relat- ed to the number of signatures obtained,as long as the circulators fully disclose all contributions received to the city clerk upon submission of the petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.19.Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances and Resolutions Take Effect. A resolution sail or an emergency ordinance skull take-ef#eet is effective immediately upon its passage or at such later date as is fixed in it.An ordinance that is expressly ex- cepted from referendum under section 5.01 of this Charter is effective on the day following publication or such later date as is fixed in it. Every other ordinance eha14-44e•e#eet is effective a#ef on the thirtieth(30)day,-eaek+swe-ef after the day of publication,or at such later date as is fixed therein. Every ordinance adopted by the voters of the City egalltakeof€ee#is effective immediately upon its adoption,or at such a later time as fixed therein.