Item 4: Ordinance Concerning Municipal Court Sentencing Authority for Chapter 4 Violations

Home Browse Search

ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Initiative and Referendum Procedures; and Amending Sections 2.972 and 2.981 of the Eugene Code, 1971 Meeting Date: September 24, 2007 Agenda Item Number: 4 Department: City Attorney Staff Contact: Glenn Klein www.eugene-or.gov Contact Telephone Number: 682.5080 ISSUE STATEMENT The council is being asked to adopt an ordinance amending Section 2.972 of the Eugene Code, 1971 (“EC”) to clarify the number of signatures required to place an initiative or referendum petition on the ballot; and amending EC 2.981(2)(b) to authorize the council to refer measures to a later election date as well as an earlier date. A public hearing on the ordinance was held on September 10, 2007. BACKGROUND In determining the number of signatures required to place an initiative or referendum petition on the ballot, the City has historically interpreted the phrase “the number of votes cast for all candidates for mayor” in EC 2.972 to include write-in votes. The Lane County Circuit Court recently declared that individuals receiving write-in votes do not quality as “candidates,” under EC 2.972, and therefore the City Recorder cannot include write-in votes in her calculation of the requisite number of signatures. Section 1 of the ordinance would amend EC 2.972 by substituting the phrase “the office of” for the phrase “all candidates for,” to clarify that in computing the number of signatures required, all votes cast for the office of mayor, including write-in votes, would be counted. Section 2 of the ordinance would grant the council the authority to delay an election on a referendum to a later date. This section applies only to referenda, and not to initiatives. When voters successfully refer an ordinance adopted by the council (i.e., a referendum), the ordinance does not take effect unless and until the voters approve it. EC 2.981(2)(b) currently requires that an election on legislation referred to the voters of the City by a referendum petition generally shall be held on the next available election date th (not sooner than the 90 day after certification and acceptance of the petition). That date could be a special election with nothing else on the ballot, which would mean that the City would bear the full cost of the election. The proposed amendment would allow the council the option of referring the measure to a later election date (when the cost to the City would be less due to other measures also being on the ballot). During the public hearing, Councilor Bettman objected to the inclusion of the amendment to EC 2.981(2)(b). Consequently, one of the options listed is adoption of Section 1, but not Section 2. To accomplish this result, following the Council President moving (and getting a second for) the main F:\CMO\2007 Council Agendas\M070924\S0709244.doc