Chapter 2.88
INITIATIVE AND REFERENDUM PROCEDURES

Sections:

2.88.010    Initiative and referendum process – Authority.

2.88.020    Procedures – Generally.

2.88.030    Referendum petitions – Procedures.

2.88.040    Procedure for initiative measures on a City ordinance, Charter or amendment to the Charter.

2.88.045    Time limitation for gathering initiative or referendum petition signatures.

2.88.050    Action after filing petition.

2.88.060    Questions proposed in the petition.

2.88.070    Voter’s pamphlets.

2.88.075    Explanatory statement.

2.88.080    Qualification of signers of petitions.

2.88.010 Initiative and referendum process – Authority.

The people of the City are authorized to enact, amend or repeal all local laws for the City by the initiative and referendum process. These powers are reserved to the people by Article IV of the Oregon Constitution. (Ord. 5778 § 1, 2012; Ord. 4251 § 1, 1979).

2.88.020 Procedures – Generally.

The manner of exercising initiative and referendum powers reserved by the Oregon Constitution to the people, as to municipal legislation of the City, shall be as set forth in this chapter. (Ord. 4251 § 2, 1979).

2.88.030 Referendum petitions – Procedures.

Referendum petitions against any ordinance, franchise or resolution passed by the City Council shall be signed by not less than 10 percent of the registered voters of the City. The signatures shall be verified by the County Recorder in the manner provided by state statute. Prospective petitions shall be filed with the City Clerk within 30 days after the passage of the ordinance, resolution or franchise. Any ordinance bearing an emergency clause shall not be subject to referendum. (Ord. 5778 § 1, 2012; Ord. 5059 § 1, 1993; Ord. 4251 § 3, 1979).

2.88.040 Procedure for initiative measures on a City ordinance, Charter or amendment to the Charter.

If any ordinance, Charter or amendment to the Charter of the City is proposed by an initiative petition, said initiative petition shall be signed by not less than 15 percent of the registered voters of the City. The signatures shall be verified by the County Clerk in the manner provided by state statute. (Ord. 5059 § 2, 1993; Ord. 4251 § 4, 1979).

2.88.045 Time limitation for gathering initiative or referendum petition signatures.

Petitioners seeking to exercise the initiative or referendum procedures granted by this chapter shall have a period of 90 days within which to gather the required signatures. The time for gathering petition signatures shall not commence until the time for filing a petition challenging the ballot title prepared by the City Attorney concerning the initiative or referendum shall have expired with no such challenge having been filed or, if such a challenge is filed, the wording of the ballot title is certified by order of the Circuit Court, whichever shall first occur. The time limitations for challenging a ballot title prepared by the City Attorney and the procedures for resolving such a challenge shall be as provided in state statute. Any signatures gathered prior to the time prescribed above shall be void and it shall be unlawful for any person to present an initiative or referendum petition for signature by any other person during the time that signature gathering is prohibited. Violation of this section shall be a misdemeanor punishable under the general penalty provided in AMC 1.04.010. (Ord. 5059 § 3, 1993).

2.88.050 Action after filing petition.

Upon receipt of an initiative or referendum petition and following the verification that the aforesaid petition contains the requisite number of valid signatures, the petition shall be transmitted to the next session of the City Council. If the City Council shall reject the petition, the City Clerk shall submit it to the voters of the City at the next election held not less than 90 days after the verified petition was first presented to the Council. (Ord. 5778 § 1, 2012; Ord. 5059 § 4, 1993; Ord. 4251 § 5, 1979).

2.88.060 Questions proposed in the petition.

The Council may ordain the ordinance or amendment and refer it to the people or it may ordain such ordinance without referring it to the people. If the latter is done, it shall be subject to referendum petition in like manner as other ordinances. If the Council rejects the ordinance or amendment or takes no action on it, it may ordain a competing ordinance or amendment, which shall be submitted by the City Clerk to the people of the City at the same election at which the initiative proposal is submitted. Said competing ordinance or amendment shall be prepared by the Council and ordained within 30 days allowed for its action on the measure proposed by the initiative petition. The Mayor shall not have the power to veto either of such measures. If conflicting ordinances or conflicting Charter amendments are submitted to the people at the same election and two or more conflicting measures are approved by the people, then the measure which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict, even though such measure may not have received the greatest majority. (Ord. 5778 § 1, 2012; Ord. 4251 § 6, 1979).

2.88.070 Voter’s pamphlets.

Not less than 10 days before the election on which measures are to be voted upon, the City Clerk shall when so directed by the City Council cause copies of voter’s pamphlets containing such measures to be distributed in such a manner that a copy is available to each registered elector in the City. Arguments supporting or opposing municipal measures shall be filed with the City Clerk in conformance with the requirements of ORS 251.255. The person or organization filing any argument in support or opposing municipal measures shall pay to the City Clerk, at the time of filing such argument, a fee determined by the City Clerk to be sufficient to pay all the expenses for paper and printing of the argument, excluding binding, and the voter’s pamphlet. When such arguments are printed in the voter’s pamphlet and the cost finally determined, the City Clerk shall refund, to the person or organization who paid it to him/her, any surplus fee. The cost of printing, binding and distributing the arguments should be paid by the City, it being intended that only the cost of the paper in printing the arguments, excluding binding, shall be paid by the person or organizations filing them. It is intended to make the procedure, set forth in this chapter as nearly as practicable, the same as the initiative and referendum procedure for measures relating to people in the State at large. (Ord. 5778 § 1, 2012; Ord. 4510 § 5, 1982; Ord. 4251 § 7, 1979).

2.88.075 Explanatory statement.

In all City measures initiated or referred by petition in which there is a County voter’s pamphlet, the City of Albany shall submit an explanatory statement for inclusion in said voter’s pamphlet. (Ord. 5759 § 1, 2011).

2.88.080 Qualification of signers of petitions.

Any registered voter of the City may sign a petition for referendum or for the initiative of any measure which he/she is entitled to vote upon. No person shall sign any name other than his/her own to any petition or knowingly sign his/her name more than once for the same measure at one election; nor shall anyone sign who is not, at the time of signing, a registered elector of the State of Oregon. (Ord. 4251 § 8, 1979).