§ 413. Procedure after filing
(a) Certificate of Clerk; amendment. Within 20 days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioner by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioner files a notice of intention to amend it with the Clerk within two days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections 412(b) and (c) of this charter, and within five days after it is filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioner does not elect to amend or request Council review under subsection (b) of this section within the time required, the Clerk shall promptly present the certificates to the Council and the certificates shall then be a final determination as to the sufficiency of the petition.
(b) Council review. If a petition has been certified insufficient and the petitioner does not file notice of intention to amend it or if an amended petition has been certified insufficient, the petitioner may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate within five days following the filing of such request and approve or disapprove it, and the Council’s determination shall then be a final determination as to the sufficiency of the petition.
(c) Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)
Structure Vermont Statutes
Title 24 Appendix - Municipal Charters
App § 101. Corporate existence retained; form of government
App § 104. Intergovernmental relations
App § 105. Power over water resources
App § 204. Reconsideration and rescission
App § 205. Nominations in general
App § 206. Nomination of incumbent
App § 301. Composition; eligibility; election and terms
App § 302. Compensation; expenses
App § 303. Mayor and Deputy Mayor; election, terms, and duties
App § 304. General powers and duties
App § 305. Prohibitions; conflict of interest
App § 306. Vacancies; forfeiture of office; filling of vacancies
App § 307. Judge of qualification
App § 308. Clerk of the City Council
App § 401. Action requiring an ordinance
App § 402. Ordinances in general
App § 403. Emergency ordinances
App § 404. Codes of technical regulations
App § 405. Authentication and recording; codification; printing
App § 406. Ordinance; enforcement
App § 407. Court authorized to order abatement
App § 408. Offenders may be liable in damages
App § 409. City Council to establish penalty
App § 410. General authority for initiative and referendum
App § 411. Commencement of proceedings; affidavit
App § 413. Procedure after filing
App § 414. Referendum petitions; suspension of effect of ordinance
App § 415. Action on petitions
App § 416. Results of election
App § 501. Appointment; qualifications; compensation of City Manager
App § 502. Acting City Manager
App § 503. Removal of City Manager
App § 504. Powers and duties of the City Manager
App § 505. City Manager; vacancy in office of
App § 506. City officers; appointment of
App § 602. Resident engagement
App § 702. Submission of budget and budget message
App § 705. Capital improvement plan
App § 706. Council and annual meeting action on budget
App § 708. Amendments after adoption
App § 709. Lapse of appropriations
App § 710. Administration of budget
App § 712. Warrants for payment
App § 713. Tax levy; authority for
App § 714. Credit of the City for current expenses
App § 715. Expenditures not to exceed revenues
App § 716. Authority to pledge credit of City
App § 718. Tax increment financing
App § 901. Personal financial interest
App § 906. Continuation in office
App § 907. Amendment of the charter
App § 908. Penalties; forfeitures or suits not affected
App § 909. Continuation of acts not amended