Find Legal Information

40-03.1 Change From Council System to Commission System

Download pdf

CHAPTER 40-03.1CHANGE FROM COUNCIL SYSTEM TO COMMISSION SYSTEM40-03.1-01. Change from council system of government - Petition required. Anycity which shall have operated for more than six years since the adoption of the city council<br>system of government or since the last election at which the question of changing from the<br>council system was rejected by a vote of the qualified electors, may change its organization<br>thereunder and adopt the city commission form of government. The proceeding to change shall<br>be initiated by a petition asking for such change signed by not less than forty percent of the<br>qualified electors of the city, as determined by the total number of qualified electors voting at the<br>preceding general election. The signatures to such petition need not be appended to a single<br>paper, but one of the signers upon each paper shall make oath before an officer competent to<br>administer oaths that each signature appearing upon such paper is the genuine signature of the<br>person whose name it purports to be. Each petition, in addition to the names of the signers, shall<br>contain the name, address, and age of each petitioner, and the length of the petitioner's<br>residence in the city. Any petitioner shall be permitted to withdraw that petitioner's name from a<br>petition within five days after the petition is filed.40-03.1-02. City auditor to pass on sufficiency of petition. Within thirty days after apetition to change from the council system of government is filed, the city auditor shall examine<br>the petition and ascertain from the voters' register whether or not the petition is signed by the<br>required number of qualified electors. The city auditor shall attach to the petition the city auditor's<br>certificate showing the result of the city auditor's examination, and if the city auditor finds the<br>petition to be insufficient, the city auditor's certificate shall show the reason for such<br>determination. An insufficient petition may be amended within ten days after the city auditor's<br>certificate is made. Within thirty days after an amended petition is filed, the city auditor shall<br>make an examination thereof, and if the city auditor's certificate shows such amended petition to<br>be insufficient, the petition shall be returned to the person filing the same without prejudice to the<br>filing of a new petition. If the city auditor shall find the petition or the amended petition to be<br>sufficient, the city auditor shall place the same with the city auditor's certificate before the<br>governing body of the municipality.40-03.1-03. Procedure when petition to change from council system of governmentis filed - Special election - Ballot. When a petition to change from the council system of<br>government, together with the city auditor's certificate of sufficiency, is filed with the governing<br>body of a municipality, the governing body shall call a special election at which only the question<br>of changing from the council system of government will be submitted. The date of such election<br>shall not be less than thirty days nor more than ninety days after the date of the auditor's<br>certificate has been filed. The election shall be conducted, returns thereof made, and the result<br>thereof declared in all respects as are other city elections. Notice of such election shall be given<br>by the publication of the proposition to be voted upon, the places where the election will be held,<br>and the date of the election, in each newspaper published in the city, not more than twenty days<br>and not less than five days before the date of such election. The ballot to be used at the election<br>provided for in this section shall be in substantially the following form:Shall the city of ________________ change from its organization under the council<br>system of government and become a city under the commission form of government?Yes<br>NoPage No. 1Document Outlinechapter 40-03.1 change from council system to commission system