Saginaw Michigan Charter Chapter 12

RECALL-INITIATIVE-REFERENDUM

Does not apply to city charter revisions, which are governed by the “Home rule cities act”

Recall

            Section 77. Any councilman may be removed from office by the electors in the manner provided by the general laws of the state. A vacancy created by the recall of any councilman shall be filled by election in the manner prescribed by law.

Initiative and Referendum

            Section 78. An ordinance may be initiated by petition, or a referendum on an ordinance enacted by the council may be had by a petition filed prior to thirty (30) days subsequent to enactment of the ordinance; as hereinafter provided.

Petitions

            Section 79. An initiatory or a referendary petition shall be signed by registered electors equal in number to twenty-five percent (25%) of those who voted at the last general municipal election prior to the filing of the petition, and before being circulated for signatures shall be approved as to form by the city attorney. The petition shall be filed with the city clerk who shall determine within fifteen (15) days the sufficiency thereof and so certify. If found insufficient, fifteen (15) days shall be allowed for the filing of supplemental petitions. When found sufficient, the city clerk shall present the petition to the council at its next regular meeting.

Council Procedure

            Section 80. Upon receiving an initiatory or a referendary petition from the city clerk the council, within thirty (30) days, shall either, (a) if it be an initiatory petition, adopt the ordinance; (b) if it be a referendary petition, repeal the ordinance; or (c) determine to submit the proposal to the electors.

Submission to Electors

            Section 81. Should the council decide to submit the proposal to the electors, it shall be submitted at the next election held in the city for any other purpose or in the discretion of the council at a special election. The result shall be determined by the majority vote of the electors voting thereon except in cases where otherwise required by law.

General Provision

            Section 82. The certification by the city clerk of the sufficiency of a referendary petition shall automatically suspend the ordinance in question pending repeal by the council or final determination by the electors as the case may be. An ordinance adopted by the electorate may not be amended or repealed by the council for a period of two (2) years, and then only by the affirmative vote of six (6) councilmen. Should two (2) or more ordinances adopted at the same election have conflicting provisions, the one receiving the highest vote shall prevail as to those provisions.