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Initiative and Referendum
to popular vote at a special election which must be held within thirty days after the date of the ordering thereof. Provided, however, that if any other municipal election is to be held within ninety days after the filing of the petition said proposed measure shall be submitted without alteration to be voted at such election. (d) If such petition be signed by qualified electors equal in number to ten and less than twenty-five per cent of the total number of ballots cast at the last preceding regular municipal election, and the said proposed measure be not passed by the council without alteration, before the commencement of publication of notice of the next municipal election, it shall be submitted to popular vote at such election. Provided, that such petition must be filed at least thirty days before the date fixed for such election.
Sec. 41. Referendum-procedure.-The referendum may be ordered upon any ordinance or measure except ordinances making the annual tax levy, appropriating money to pay the salaries of officers and employees, or relating to local improvements and assessments therefor, as follows: (a) If within thirty days after the passage of an ordinance or other measure, a petition signed by qualified electors equal in number to ten per cent of the total number of votes cast at the last preceding regular municipal election, shall be filed with the clerk protesting against the enactment of such measure, its operation shall be suspended until approved by the voters; provided that emergency ordinances passed by the council shall become effective at the time specified therein and continue in effect until rejected by the voters or repealed by the council. (b) Immediately upon the filing of the petition the clerk shall do all things required by Section 40 (b) of this article. Thereupon the council shall immediately reconsider such ordinance and if the same is not entirely repealed the council shall submit it to popular vote at the next municipal election held not less than thirty days after filing of the petition, or the council in its discretion may call a special election for that purpose.
Sec. 42. Ballots. If two or more ordinances or measures are submitted at the same election, they shall be placed on the ballot in the order of filing the petition therefor. The ballots used when voting upon such proposed and referred ordinances and measures shall set forth their nature sufficiently to identify
them, and shall also set forth on separate lines the words "For the Ordinance" and "Against the Ordinance."
Sec. 43. Copy of ordinance-notice of election.-Whenever an ordinance or measure is required by this act to be submitted to the voters of the city, the council shall cause the ordinance or measure to be printed and, in all cities having registration of voters, the city clerk shall mail a copy thereof, together with a sample ballot, to each registered voter at least five days prior to the election. The clerk shall give such other notice and do such other things relative to such election as are required for general municipal elections.
Sec. 44. Effect of election.-If a majority of the qualified electors voting on any initiated or referred ordinance or measure as provided in this article shall vote in favor thereof the same shall thereupon, or at a time fixed therein, become effective as an ordinance or as a mandatory order to the council. If the provisions of two or more proposed ordinances or measures approved at the same election are inconsistent, the ordinance or measure receiving the highest vote shall prevail as to such conflicting provisions. No ordinance which has been passed by the council upon an initiative petition, or proposed by petition and adopted by popular vote, under the provisions of this article, shall be amended or repealed except by popular vote or by a three-fourths vote of all the members of the council.
Sec. 45. Second election-when.-Not more than one special election shall be held under this article in any period of six months. A substantial compliance with the provisions of this article shall be sufficient for the holding of an election thereunder and the approval or rejection of any measure submitted thereat.
ARTICLE VII-THE CITY MANAGER
Sec. 46. How chosen. The chief executive officer of the city shall be a city manager, who shall be responsible for the proper administration of all affairs of the city. He shall be chosen by the council for an indefinite period, solely on the basis of administrative qualifications, and need not be a resident of the city or state when appointed. He shall hold office at the pleasure of the council, and receive such salary as it shall fix by ordi
City Manager, Powers
nance. During the absence or disability of the city manager the council shall designate some properly qualified person to perform the duties of the office.
Sec. 47. Powers and duties.-The powers and duties of the city manager shall be, (a) To see that the laws and ordinances are enforced; (b) To appoint and remove all heads of departments and all subordinate officers and employees in the departments in both the classified and unclassified service; all appointments to be upon merit and fitness alone, and in the classified service all appointments and removals to be subject to the civil service provisions of this act; (c) To exercise control over all departments and divisions thereof, that may be created by the council; (d) To attend all meetings of the council with the right to take part in the discussion but not to vote; (e) To recommend to the council for adoption such measures as he may deem necessary or expedient; (f) To prepare the annual budget and keep the council fully advised as to the financial condition and needs of the city; and (g) To perform such other duties as may be required of him by this act, or by ordinance or resolution of the council.
Sec. 48. Same. The city manager may investigate at any time the affairs of any department or the conduct of any officer or employee. He, or any person or persons appointed by him for the purpose, shall have the same power to compel the attendance of witnesses and the production of books and papers and other evidence and to punish for contempt, which has herein been conferred upon the council.
Sec. 49. Bond of manager. Before taking office the city manager shall file with the city clerk a surety company bond, conditioned upon the honest and faithful performance of his duties, in such sum as shall be fixed by the council. The premium of this bond shall be paid by the city.
ARTICLE VIII-THE CIVIL SERVICE BOARD
Sec. 50. Civil service board. In each city of more than forty thousand inhabitants adopting this act, a Civil Service Board consisting of three electors of the city shall be appointed by the council for a term of six years, except that the members first appointed shall hold office for two, four and six years re
spectively. They shall serve without compensation. The council shall determine the salary of the board's employees and appropriate a sufficient sum each year to carry out the provisions of this article.
Sec. 51. Same-organization.-Immediately after appointment the board shall organize by electing one of its members chairman. In metropolitan cities the board may appoint a chief examiner, who shall also act as secretary, but in other cities the city clerk shall act as secretary of the board. In any city the board may appoint such other subordinates as may be provided for by appropriation.
Classification of civil service.-The civil service of the city is hereby divided into the unclassified and the classified service.
1. The unclassified service shall include:
(a) All officers elected by the people.
(b) The city manager and city clerk.
(c) The heads of departments and heads of divisions of departments and members of appointive boards.
(d) The secretaries, assistants or deputies of the city manager and one assistant or deputy and one secretary for each department.
2. The classified service shall comprise all positions not specifically included by this act in the unclassified service, and be divided into three classes to be known as the competitive class, non-competitive class, and labor class.
Sec. 53. Rules and regulations.-The board, subject to the approval of the council, shall adopt, amend, and enforce a code of rules and regulations, providing for appointment and employment in all positions in the classified service, based on merit, efficiency, character, and industry, which shall have the force and effect of law; shall make investigations concerning the enforcement and effect of this article and of the rules adopted in accordance therewith. It shall make an annual report to the council.
Examinations.-The chief examiner or secretary shall provide examinations in accordance with regulations of the
board and maintain lists of eligibles of each class of the service of those meeting the requirement of said regulations. Positions in the classified service shall be filled by the city manager from a list of the three persons, if there by that number on the eligible list who have received the highest standing on examination; provided that for good reason shown the city manager may reject all three and call for a new list.
Sec. 55. Promotions.-The board shall provide for promotion to all positions in the classified service, based on records of merit, efficiency, character, conduct and seniority.
Sec. 56. Same-probation.-An appointment or promotion shall not be deemed complete until a period of probation not to exceed six months has elapsed, and a probationer may be discharged or reduced at any time within the said period of six months.
Sec. 57. Removal of employe.-Any officer or employee in the classified service may be removed, suspended, laid off, or reduced in grade by the city manager for any cause which will promote the efficiency of the service, but he must first be furnished with a statement of the reasons thereof and be allowed a reasonable time for answering such reasons in writing, which answer, if he so requests, shall (so far as the same is relevant and pertinent) be made a part of records of the board; and he may be suspended from the date when such written statement of reasons is furnished him. No trial or examination of witnesses shall be required in any case, provided for in this section, except in the discretion of the city manager, and his action in all cases shall be final.
Sec. 58. Existing employes.-All persons in the employ of the city holding positions in the classified service, as established by this act at the time it takes effect, shall, unless their positions be abolished, retain the same until discharged, reduced, promoted, or transferred in accordance with the provisions of this act.
Sec. 59. Warrants-salary. The city auditor shall draw no warrant for, nor shall the treasurer pay, any salary or compensation for service to any person holding a position in the classified service unless the pay roll or account for such salary or compensation shall bear the certificate of the board, by its secretary,