§ 6-01. Initiative and referendum.  


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  • The electors of the parish shall have the power, except as herein restricted, to propose to the council passage or repeal of ordinances and to vote on the question if the council refuses action. This power shall not extend to the proposing or repealing of ordinances making or reducing the appropriation of money, to the repeal or reduction of the levy of any taxes or to change the salaries of parish government officers or employees. The initiative power shall be exercised in the following manner:

    (1)

    The person or persons proposing the exercise of this power shall submit the proposal to the council which shall specify within 30 days a form of petition for circulation in one or multiple copies as the proposer may desire. The petition shall contain the full text of the proposed ordinance.

    (2)

    Within 60 days after the form of the petition shall have been specified, the person or persons circulating the petition shall obtain the signatures of at least 20 percent of the total registered voters of the parish. There shall be noted after each signature on the petition the date signed and the address of the signer. Each person circulating a copy of the petition shall attach a sworn affidavit to it stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition.

    (3)

    The signed petition shall be filed with the council within 60 days of the specification of the form of the petition and, upon filing, the council shall order a canvass of the signatures through the office of the parish registrar of voters to determine their sufficiency and authenticity. The council's canvass shall be completed within 30 days. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this section, the council shall notify the person or persons filing the petition of such sufficiency or deficiency and allow 30 days for filing of additional papers, at the end of which time the sufficiency and correctness of the petition shall be determined finally.

    (4)

    Within 30 days after a petition shall have been certified as sufficient and correct by the council, the council shall cause the proposed ordinance, and a summary thereof, to be published in the official journal of the parish government at least once together with a notice of the date, time and place when and where it will be given a public hearing and be considered for passage, which notice shall appear at least seven days prior to the time advertised for the hearing. At the time and place so advertised the council shall hold a public hearing. Subsequent to such hearing, the council shall either:

    (a)

    Adopt the proposed ordinance submitted in an initiative petition, without substantive amendments, or effect the repeal referred to by such petition; or

    (b)

    Determine to submit the proposal to the electors.

    (5)

    If the council adopts an ordinance following the submission of an initiatory petition as provided above, it shall not amend or repeal the ordinance by its own action within one year following the date of submission of the petition proposing the ordinance, but it may submit proposals amending or repealing such ordinances to a vote of the electors. After the expiration of one year, the ordinance may be amended or repealed as any other ordinance.

    (6)

    If an initiative ordinance is submitted to a vote of the electors as provided in section 6-01(4) above, the election shall take place at the first election already scheduled for other purposes which occurs at least 30 days after the date the council proposes to submit the proposal to the electors. The results shall be determined by a majority vote of the electors voting on the proposal.

    (7)

    If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

    (8)

    An ordinance adopted by the electorate through the initiative process shall not be amended or repealed by council action for a period of one year after the election at which it was adopted, but thereafter it may be amended or repealed as any other ordinance.

    (9)

    Ordinances adopted through the initiative process shall not be subject to veto by the president.