ARTICLE XI
INITIATIVE, REFERENDUM, AND RECALL
Section
XI-1 Initiative and referendum—authorized—exceptions
XI-2 Repealed
XI-3 Repealed
XI-5 Charter provisions self-executing—further regulation by ordinance
For statutory provisions regarding recall, see AS 29.26.250—29.26.360.
XI-1 Initiative and referendum—authorized—exceptions
The qualified voters of the City, by the initiative, may propose and enact any ordinance which the council has power to enact under this charter except as otherwise provided in this section. The qualified voters of the City, by the referendum, may approve or reject any ordinance passed by the council except as otherwise provided in this section.
Ordinances dedicating revenues; ordinances making, repealing, transferring, or otherwise changing appropriations; ordinances creating courts, defining the jurisdiction of courts, or prescribing their rules; and special ordinances shall not be subject to either the initiative or the referendum. Ordinances granting, extending, or renewing franchises for public utilities shall not be subject to the initiative. Ordinances necessary for the immediate preservation of the public peace, health, or safety (herein called emergency ordinances), shall not be subject to the referendum.
XI-2 Petitions
Repealed by Ord. 1097; election held October 5, 1999; certified October 14, 1999.
XI-3 Ballot title and proposition—submission
Repealed by Ord. 1097; election held October 5, 1999; certified October 14, 1999.
XI-4 Vote required—effect
If a majority of the votes cast on the proposition favor the enactment of an initiated ordinance, it shall be enacted; provided that, if the proposition is submitted at a special election, the number of votes cast at the election must be at least fifty (50) percent of the number of the votes cast at the last regular municipal election. If at least as many votes are cast for the approval of a referred ordinance as are cast against it, it shall be approved and go into effect; otherwise it shall be rejected. The council may not, within two years after the election, repeal an initiated ordinance which has been enacted, but may at any time pass a non-emergency ordinance amending it by the same vote required for the passage of an emergency ordinance. If two or more initiated or referred ordinances which have conflicting provisions are enacted or approved at the same election, the one receiving the largest affirmative vote shall prevail.
XI-5 Charter provisions self-executing—further regulation by ordinance
The provisions of this charter relating to the initiative and referendum shall be self-executing, but the council, by ordinance, may further regulate the procedures for the initiative and referendum.
XI-6 Recall
All incumbents of elective office of the City, including persons chosen to fill vacancies in such offices, shall be subject to recall from office by the qualified voters of the City. Procedures and grounds for recall shall be such as may be prescribed by law. The council, by ordinance, may further regulate the recall insofar as such regulation is not in conflict with the state constitution or law.