DRAFT
Resolution
No. __________
PROPOSING AMENDMENTS TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), as amended, RELATING to INITIATIVE
BE IT RESOLVED by the Council of the County of Maui:
1. That it hereby does propose that Article 11 of the Revised Charter of the County of Maui (1983), as amended, pertaining to Initiative, be amended to read as follows:
“Section 11 1. Powers. 1. The voters of the county shall have power to propose ordinances to the council. If the [county] council fails to adopt an ordinance so proposed without any change in substance, the voters may adopt the same at the polls, such power being known as the initiative power.
2. The voters shall have power to propose the reconsideration by the county of an adopted ordinance or any portion thereof. If the county fails to repeal an ordinance so reconsidered the voters shall have the power to reject the same at the polls, such power also being known as the initiative power.
3. The initiative power shall not extend:
a. To any part or all of the capital program or annual budget;
b. To any property tax levied;
c. To any ordinance making or repealing any appropriation of money;
d. To any ordinance authorizing the issuance of bonds;
e. To any ordinance authorizing the appointment of employees; or,
f. To any emergency ordinance.
Section 11 2. Affidavit. Any five qualified voters may commence initiative proceedings by filing with the county clerk an affidavit stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed ordinance, or citing the ordinance or portion thereof sought to be reconsidered. In addition the affidavit shall state that they:
a. Will constitute the petitioners' committee;
b. Will be responsible for circulating the petition;
c. Will file it in proper form.
Promptly after such affidavit is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee.
Section 11 3. Petitions. 1. Petitions shall be filed as one instrument and shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
2. Such petitions must be signed by not less [that] than [twenty] ten percent ([20]10%) of the total number of voters [registered] who cast ballots in the last general election.
3. Each signature shall be followed by [the place of residence and voting precinct of the person signing] the printing or the type-written identification of the name of the individual signing the petition and that individual’s place of residence.
4. To each such petition paper there shall be attached an affidavit of the circulator stating:
a. That he or she personally circulated the paper;
b. The number of signatures thereon;
c. That all the signatures were affixed in his or her presence and that he or she believes them to be the genuine signature of the person whose name it purports to be; and,
d. That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
Section 11 4. Filing and Certification. 1. [Within thirty (30) days] [a]After the filing with the clerk of the affidavit described in Section 11 2, all papers forming an initiative petition shall be assembled and filed with the county clerk as one instrument. If an individual who has signed the petition wishes to withdraw his or her signature from the petition, written notice of the withdrawal must be filed with the clerk of the county with fifteen (15) days after the filing of the affidavit described in Section 11-2.
2. Within twenty (20) days after the petition is filed, the county clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of his examination. If the county clerk certifies that the petition is insufficient, the county clerk shall set forth in the certificate the particulars in which the petition is defective, and shall promptly send it to the petitioners' committee.
Section 11 5. Supplementary Petitions. 1. In the event the initial petition contains insufficient valid signatures, it may be supported by supplemental signatures of voters signed in the manner required in Section 11 3 of this Article. Such supplementary signatures shall be appended to the initial petition at any time within twenty (20) days after receipt by the petitioners' committee of notification that the county clerk has certified the initial petition insufficient.
2. The clerk shall within ten (10) days after such supplementary signatures are filed make a like examination of them and shall promptly issue a certificate as to their sufficiency. Such certificate shall be sent to the petitioners' committee.
3. If a petition or supplemented petition is certified insufficient, or if a petition or supplemented petition is certified insufficient and the petitioners' committee does not elect to amend or request council review as provided hereinafter, the clerk shall promptly present his certificate to the council. The certificate shall then be a final determination as to sufficiency. Such determination, however, shall be subject to judicial review by a court of competent jurisdiction. A final judicial determination of insufficiency shall not prejudice the filing of a new petition for the same purpose.
Section 11 6. Action on Petitions. 1. When an initiative petition has been finally determined sufficient, the council shall promptly consider the proposed ordinance or reconsider the ordinance or portion thereof sought to be reconsidered. If the [county] council fails to enact a proposed ordinance without change in substance, or fails to repeal the referred ordinance or portion thereof within sixty (60) days after the date the petition was finally determined sufficient, the county clerk shall submit the proposed or referred ordinance to the voters of the county at the next general election.
[2. The vote of the electorate on a proposed or referred ordinance shall be held not less than ninety (90) days and not more than one year from the date of the final county action thereon. The council shall if no regular election is to be held within such period, provide for a special election.] Copies of the proposed ordinance or referred ordinance shall be published in a newspaper of general circulation in the county at least forty five (45) days prior to submission to the voters and shall be made available at the polls.
[3.] 2. An initiative petition may be withdrawn at any time prior to the [thirtieth] ninetieth (90th) day preceding the day scheduled for a vote of the county by filing with the county clerk a request for withdrawal signed by at least eighty percent (80%) of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated.
Section 11 7. Results of Election. If a majority of the qualified electors voting on a proposed ordinance vote in its favor, it shall be considered enacted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
Section 11 8. Publication: Repeal and Amendment. Initiative ordinances enacted by the voters shall be published and shall take effect as prescribed for ordinances generally. [Such] Any ordinances enacted pursuant to this article, may be amended or repealed by ordinance enacted after one year from the date of certification, but only by the affirmative vote of at least two thirds of the council membership.”
2. That new material is underscored, and that deleted material is bracketed;
3. That this resolution shall be submitted to the voters of the County of Maui at the next general election;
4. That the County Clerk is hereby requested to prepare the appropriate questions for presentation to the voters at the 2002 General Election;
5. That, upon approval of the majority of the voters in favor of amending the Revised Charter of the County of Maui as indicated by the number of votes cast, and upon official certification of such result, the amendments proposed herein shall take effect; and
6. That certified copies of this resolution be transmitted to the Mayor and the Corporation Counsel of the County of Maui.
APPROVED AS TO FORM AND LEGALITY
Department of the Corporation Counsel
County of Maui
paf:dmr:02-159b