Sunday, September 15, 2013

You Can (Help) City Hall III

Right of Referendum

If you, as a voter in the city, have a strong feeling that a recently passed ordinance by city council is not in the residents best interest you can take action to undo the ordinance. Creating an ordinance that the voters desire but council refuses to pass may also be placed on the ballot.

As pointed out in the previous post of 9/13, the ability to unseat an elected official that has voted against your interests is problematical.

If other voters you know share your view It's time to consider taking out a petition in order to exercise your right of referendum.

The steps required for this action are established in state law and published in the Ohio Revised Code (ORC) in this instance section 731.29.
In brief, the law states: In most cases any ordinance or resolution passed by city council shall be subject to a referendum (ballot issue). No ordinance passed under normal procedures shall go into effect until 30 days after it is passed by council and presented to the Mayor. This period allows for a petition for referendum petition to be filed.

When a petition is signed by ten percent of the number of city voters that voted in the last governor's election the petition is filed with city auditor within the thirty day period. The auditor, in turn, sends the petition to the Board of Elections. The Board shall submit the ordinance to the voters of the city.

Ordinances that contain mandatory funding measures or that are passed as emergency measures go into effect immediately and are exempt from the referendum process.
The threat of the referendum process or of a tax payer's suit, as covered, in the 9/11 post, are tools that the activist can use to good effect. This poster used the referendum threat to obtain curbside recycling legislation and the threat of a taxpayer suit to force city employees to follow rules established by city council. In ordinances.
For more detail go to http://codes.ohio.gov/orc/731.28 and click next and previous as needed.

Paul Hunter (copy and paste if necessary) paulhunter45177@gmail.com

No comments:

Post a Comment