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Commission debates initiative, referendum and recall rules; staff asked to draft clarified petition process
Summary
Commissioners discussed petition signature thresholds, timing and city‑attorney review for initiatives, referendums and recalls, and asked staff to propose revised drafting addressing inconsistencies between 25% of votes cast and 15% of registered voters.
Commissioners spent a substantial portion of the March 10 meeting reviewing the city charter’s initiative, referendum and recall provisions, debating petition signature thresholds, deadlines for signature review, and whether the city attorney should render a legal opinion before circulating petitions.
Several commissioners pointed out that the charter currently treats thresholds differently: initiative/referendum petition signature requirements are based on a percentage (25%) of votes cast in the last general election, while recall requires 15% of registered voters. Commissioner Glicker said, "I think recall should be a higher number and a harder hurdle than initiative and referendum," and recommended tailoring recall signature counts to the district served by the officer rather than citywide totals for single‑member seats. Commissioners noted that the 25% measure can vary widely depending on whether signatures are measured after a presidential or off‑year election, making the effective signature count easier to achieve in low‑turnout years.
Commissioners also debated process timing. Several asked that the city attorney’s written legal opinion on a proposed petition subject be issued before petition circulation so that proponents do not collect thousands of signatures for a form that could later be found legally invalid. The city attorney said the office can provide a written opinion in advance and that doing so reduces the risk of litigation after signatures are collected. Commissioners asked staff to draft alternative language that:
- clarifies whether signature thresholds are calculated using at‑large totals or district totals where relevant, and - specifies whether the city attorney reviews petition subject matter before or after signature gathering and whether that opinion is a public written opinion.
No formal vote changed the charter text on initiative/referendum/recall at the March 10 meeting; staff will return proposed language at a future meeting.
