Model City Charter Revision Project - Eighth Edition
Option Memo
Issue: Initiative and Referendum
Seventh Edition: Section 6.03, in brackets, states "The
powers of initiative and referendum are hereby reserved to the electors
of the city." A statement in bold-faced type follows, explaining
that the section is in brackets because not all states allow initiative
and referendum, and not all cities choose to adopt it.
Section 8.01(d) additionally provides that "Amendments to this
charter may be framed and proposed: . . . (d) By the voters of the city."
The meeting summary from the first Model Charter Revision Committee
raised the issue of structural changes to address the concerns of disaffected
groups looking outside of government via initiatives, and the use of
initiative and referendum by special interests.
Background: The initiative process allows citizens to adopt
ordinances or amend the city charter. The referendum process allows
citizens to reject ordinances or charter amendments proposed by the
city council. A referendum can be binding or non-binding. Initiative
and referendum are primary mechanisms of direct democracy. According
to the 1996 ICMA Municipal Form of Government Survey, 58.1% of U.S.
cities have the initiative process, 41.6% have binding referendums,
and 39.8% have non-binding referendums.
Pros of Initiative and Referendum: Initiatives allow citizens
to effect change they want when their elected officials are unwilling
or unable to do it themselves. By empowering citizens to pass laws,
it alleviates voter frustration with the political process. Initiative
and referendum serves as an important check on the power of the legislative
branch.
Cons of Initiative and Referendum: Initiative and referendum
has grass roots, but the roots have grown in a market environment of
high costs where special interests buy laws.
Two Options: The Committee should adopt one of the following
positions by the end of the March 22 meeting:
- The language in § 6.03 of the Model should be taken out of
brackets to help show its importance in the local political process.
- The language in § 6.03 of the Model should remain in brackets,
reminding readers that initiative and referendum may not be possible
in every city.
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