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Minutes of a Public Hearing On Proposed Charter Review Revisions 8-10-10 Page 14 While I can say that I am in agreement with Mr. Diemert that I would not want courts to rezone her property, I am also pretty sure that I don't want contractors and my elected officials to rezone my property either. The other thing that I want to talk about briefly is in Article VII, Section 5, measures which are subject to referendum. Mr. Diemert gave you a brief explanation of what that means. Simply stated, when the voters don't like an ordinance that's been enacted by Council, in some circumstances you are entitled to gather signatures and put a referendum on the ballot to challenge that ordinance. This provides voters with a fundamental right to participate in the political process. It's also an important check and balance on the authority that we grant to our elected officials. Under the current Charter provisions, when Council is required to pass more than one ordinance necessary to make or pay for a public improvement, the first such ordinance is subject to referendum. That's what Mr. Diemert talked about. Under the second paragraph of the current Charter, certain specifically listed ordinances and resolutions are not subject to referendum. Those listed are ordinances providing for the annual tax levy or for improvements petitioned for by the owners of a majority of the feet front or a majority of the owners in interest of the property benefitted to and to be specially assessed therefor, and also appropriation ordinances which are limited to the subject of appropriations. However, under the present Charter, all other ordinances and resolutions including emergency ordinances are subject to referendum. The third paragraph of the current Charter goes on to provide that ordinances or resolutions submitted to Council by initiative petition and passed by Council but are not required to be submitted to a vote of the electors are also subject to referendum. So to summarize, under the current Charter provision, you have the right to referendum when (1) an ordinance or resolution passed is an appropriation ordinance not limited to appropriations; (2) on ordinances or resolutions not specifically excluded from the list in the second paragraph; and (3) on all ordinances or resolutions submitted to Council by an initiative petition but are not required to go to the electorate first. Under the proposed Charter amendment, 2010-26, this proposal paraphrases and purportedly cleans up some parts of the existing Charter provision, but in my opinion it really cleans them up. It broadens the list of non-referendum items. It omits the language granting referendum rights to items not specifically excluded by the provision and it omits language which formerly granted referendum rights on initiative petitions. What does this mean? Mr. Diemert gave you an explanation and you can accept that. But to me it means that if Council votes to enact an appropriation ordinance which is not limited to the subject of appropriations, that is if the appropriation ordinance becomes bootstrapped with another, then your right to a referendum on that ordinance is removed. It also means that you would no longer have the right to referendum on items not specifically excluded on the Charter provisions and also that you would no longer have the right to referendum on any legislation which originated by initiative and was passed by Council.