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Minutes of a Public Hearing <br />On Proposed Charter Review Revisions <br />8-10-10 <br />Page 10 <br />Council does not work in the Village, who's in charge during the daytime when <br />they are both at work? It becomes a little bit tricky and difficult. <br />As a result, the Charter Review Commission is recommending that we take out <br />those words "when the Mayor is absent from the municipality" and merely say <br />that "when the Mayor for any reason is unable to perform the duties of Mayor, <br />then the President of Council shall come in". That could be health-wise, it could <br />be absentee-wise. It could be any reason. The Council makes that final decision as <br />to whether or not he is unable to perform his duties. <br />5. ORDINANCE NO. 2010-26 <br />This proposal speaks about ordinances not subject to referendum. <br />This one is a little difficult to explain. It really is not a substantive change in the <br />Charter. It's merely a cleaning up of the language actually and clarifying what <br />the intent is behind this Article VII, Section 5. This particular Section of the <br />Charter had a section in it that said "Ordinances or resolutions submitted to the <br />Council by initiative petition and passed by the Council either with or without <br />change but not required to be submitted to a vote of the electorate shall be subject <br />to referendum in the same manner as other ordinances or resolutions." <br />Did you all follow that? Most people can't. What that section is really saying is <br />because it is under matters subject to referendum, is that an initiative petition <br />submitted by the voters was not subject to referendum by another group of voters <br />who wouldn't want that item to go on to the ballot. <br />It gets very confusing. In fact, if you were to circulate a petitiori and you wanted <br />to have an ordinance adopted as the public and this Council didn't want to do it, <br />you have the right to do it. Once you circulate that initiative petition and you <br />have enough signatures, it will go on the ballot. Council, like the Charter Review <br />Commission recommendations, has no choice. They must put it on the ballot. The <br />voters then will get to decide whether that ordinance becomes law or not. We <br />didn't want to confuse the fact as to whether or not there's a referendum right to <br />stop an initiative petition. That just wouldn't make appropriate sense. <br />What does make sense is something like the police station. At least 15 ordinances <br />are required to make a public improvement. The widening of SOM Center <br />probably involved 50 different ordinances. The building of the Fire Station, the <br />purchase of the Church, all involved multiple, multiple ordinances. The beginning <br />ordinances are those called resolutions of necessity or ordinances to proceed with <br />the project. <br /> <br /> <br />