Any initiative, referendum, or recall petition must have a total number
of signers greater than ten percent (10%) of the corporate members as of
the preceding July 1. All signers must have signed in person, and in
addition to their signatures, will show a legible printed version of his
or her name, recreation card number and the expiration date thereof.
The completed petition will be filed with the Secretary of the
corporation.
A recall petition will set forth the name of the director or directors
whose removal is desired and will be processed in accordance with
"Regulation for Initiative and Recall Petitions" (attached) as adopted
by the Board of Directors on Oct. 30, 1985.
(Reinstated May 26, 1994)
A referendum petition must set forth the existing policy or regulation
that is being challenged in clear and precise language that will allow
the challenge to be determined by a "YES" OR "NO" vote. Any proposition
will be subject to the requirements and limitations of the Sections 3
and 4 of Article XII of the RCSC corporate Bylaws.
Before an initiative petition is filed, the party or parties intending
to circulate and file such a petition, will submit the proposal (in the
language that the initiative will contain) to the RCSC Board of
Directors. The Board will have 60 days from the date of submission to
accept or reject the proposal. If the proposal is rejected, the
petition may then be filed with the Secretary of the Board. Any
initiative petition will be subject to the requirements and limitations
of Sections 3 and 4 of Article XII of RCSC corporation Bylaws.
If an initiative or referendum petition is filed with the Secretary of
the Board, the Secretary will have 30 days from the filing to determine
and announce whether or not the required number of signers has been
obtained. If signer validation is obtained, the Elections Committee
will conduct an election, according to procedures that it will
determine, within 60 days of the validation announcement.
REGULATIONS FOR INITIATIVE AND RECALL
PETITIONS
On October 30, 1985 the Board of Directors approved a policy on
Initiative and Recall Petitions to provide equitable procedures to
assure fair dealing in such matters and to provide a means for
conciliation of disputes in a fair, dispassionate, time and money-saving
manner. In the guidelines defining process, the Board examined the
following considerations and urges the members to weigh their
importance.
Issues which give rise to initiative petitions involve substantial
rights which, in our democratic society, must be protected. We must
protect the rights of proponents of petitions and the rights of members
who have not signed the petition but who now will be involved as a
consequence of the petition.
Protection must also be afforded to the Rec Centers Corporation because
of the unbudgeted expenses made necessary by any initiative. There will
be the costs of the validation process, special election expenses
(printing, mailing, etc.) and the costs of legal consultation on the
issue. In extreme cases, there may be costs of litigation should the
issue require court intervention. These can indeed be very heavy dollar
costs.
Additionally, initiative and recall petitions divert the working time
and energies of the Board and of a considerable portion of the
administrative staff from normal duties and affairs to the processing of
the petitions, their validation and the follow-up election. Necessary
duties and responsibilities may be neglected and set aside to
accommodate to the pressures of the initiative.
There are other dollar costs involved. Some initiative petitions exact
a heavy toll by creating controversies which divide the community. If
the petition is offered in good faith, its divisiveness can and should
be minimized by a restrained campaign unmarred by rancor and hostility.
Sometimes, however, an absence of restraint divides and polarizes the
community. Rumors and misstatements may be used to inflame and disrupt
relationships and destroy the harmony which has sustained our Sun City
way of life.
Costly, too, is a recall petition based on frivolous, inconsequential,
petty reasons, charges which fall far short of malfeasance or
misfeasance. An elected representative must remain responsible to those
who elected him or her without being made subject to the transitory
whims of that electorate if he or she is to properly carry out the
duties of his or her office.
Recall is the right of the electorate which cannot be invoked lightly.
It should and must be used only in cases where substantial charges
(malfeasance or misfeasance) can be alleged.
These guidelines provide a mechanism which can guarantee a fair and
equitable hearing to proponents of initiative and recall petitions.
This approach will assure Board consideration of each proposed petition
at a special Board meeting where proponents may present their case. The
Board will study the issue and render a written position. If the Board
approves, it will act to implement. If it denies action on the issue,
proponents would be free to initiate the petition process.
If we can resolve issues without the necessity for costly member action
through the petition process - we, Board and members, will achieve
enormous savings in terms of dollar costs; but, more importantly, we can
prevent disharmony and divisiveness in Sun City.
I.
STEPS TO
TAKE BEFORE CIRCULATING A PETITION - INITIATIVE OR
RECALL
A. Consider alternatives before you begin the petition process because:
you, along with every other Rec Centers' member, will pay the cost of a
petition check, legal research and election. Checking petitions and
holding elections are time-consuming, expensive and sometimes divisive.
You are encouraged to use communication avenues always open. It makes
sense to use these free forums before resorting to the formal, expensive
petition and election procedure.
1. Have you taken advantage of:
a.
Listening Center - where you can bring your
matter to the direct attention of a
Board member?
b. Board Meetings and Membership Meetings - where you can
express your
concerns directly to the Board?
c.
Board President and Officers
- Have you made an appointment to speak with
any
of them?
2. If
the matter is new, have you brought it to the attention of the Board?
Make a direct,
organized, and honest request to the Board
indicating:
a. The problem.
b. The percentage of members benefiting and
affected by the proposal.
c. The cost to the members.
d. The outcome if the proposal is not adopted.
e. Any
other information you believe to be relevant and pertinent.
3. If the complaint or request involves action the Board has
previously taken, have you asked the Board to:
a. Remove the portion you deem objectionable?
b. Repeal the objectionable action or rule?
c. Refer the matter to a vote of the
members?
4. If
numbers 2 or 3 above fail, have you asked for a formal hearing before
the Board to
present your case to avoid the heavy cost to the
membership of the petition process?
5. If your matter involves a proposed recall of
a Board Member, have you:
a. Asked the Board member to resign?
b. Asked the Board to refer the question to the
voters?
B. File your intention
to circulate your petition with the Board's Secretary. Make an
appointment with the Board Secretary to:
1. Submit:
a. The names, addresses, and telephone numbers
of the two or
more petition organizers.
b. The organization, if any, supporting the
petition.
c. The text of the proposed petition.
2. Receive from the Secretary:
a. A blank official petition form for use by
all circulators.
b. Petition regulations.
c. Your petition registration number.
d. Recommendation
to consult with your attorney on appropriate wording of your
petition to conform to State statutes, since a petition in
substantially improper
legal form will not be accepted by the Court and might result in
the defeat of
your proposal.
The Board Secretary notifies the Board and any other departments or
individuals affected by your petition at
this time.
C. Print and number your petitions.
1. Use the form
attached to print as many copies as you need to circulate your
petition.
NOTE:
NO
OTHER FORM IS ACCEPTABLE.
Number each
page. Each page should have:
a. The exact wording
of the petition on it.
b. A control number
on it.
c. The Certification
on the reverse side.
D. Select and orient your future circulators to the regulations and
procedures to follow in
circulating petitions.
E. Return your printed petition to the Board Secretary and receive
your petition starting
and completion dates. The completed petition must be returned within
six months.*
At this point, your petition drive begins. * Petition should be
returned within 120
days as outlined in the Arizona State Statutes.
II.
ACCEPTABLE PRACTICES DURING THE PETITION'S CIRCULATION
A. All circulators:
1. Must be current Rec Centers' members.
2. May not use intimidation, misleading
statements or payments in securing
signatures.
3. Obtain signatures of current Rec
Centers' members only. (Privilege card
holders and renters are not eligible to vote.)
4. Must certify, as their legal obligation
requires, that he/she witnessed the
signatures of each individual signing; and in the absence of such
certification,
the Courts have held there is no presumption that the signatures are of}
qualified members.
B. Circulators should ask the potential signers
these questions:
1.
Are you a current
Sun City Rec Centers' member?
2. Would you sign this petition for....(state
purpose)? and look at the Rec.
Card.
(Amended Aug. 25, 1994)
C. Petitions will NOT be:
(Amended Aug. 25, 1994)
1. Circulated within Rec Centers' activities or buildings to avoid
disruption of
recreation activities.
Petitioners may station themselves outside Centers.
For further information on
appropriate places, see the Operations Manager.
2. Placed on tables or counters
at banks, churches, hair salons, or other gathering
places not under the immediate supervision of the circulator.
D. Signers of the petition, in addition to
being current Rec. Centers' members must:
1. Be the actual person - a wife may not sign
for husband or vice versa.
2. Actually sign in ink. A printed "signature"
is not acceptable..... unless that is
the usual way the person signs.
3. Indicate date on which they signed;
otherwise signature is voided.
4. Write legible address and Rec Card
number.
5. If signature is illegible, signers should be
asked by circulators to print above
name.
E. Signers of the
petition may withdraw their signatures at any time during the validation
process.
III.
POST-PETITION CIRCULATION PROCEDURES
When your petition circulation is complete:
A. File your completed petition with the Board
Secretary in book form, including:
1. A cover page specifying the numbers of
individual petitions filed, the total
number of signatures claimed, and the date
submitted.
B. The Board Secretary will:
1. Give you a dated receipt for your completed
petition.
2. Number each sheet
3. Notify the Board of the receipt of your completed
petition.
4. Initiate the petition verification process.
C. The signature check will include, but is not
limited to, the following:
1. Investigation of circulators:
a. Circulator must be a current Rec
Centers' member.
b. Circulator must witness every
signature.
c. Circulator must sign the affidavit of
circulator on the
reverse
side of the
petition.
d. If it appears that one
spouse has signed for the other, the individual petition
is set aside until a thorough check has been made. If a person admits
that
he/she signed for a spouse, whereas the circulator certified that every
person signed for himself or herself before that circulator, the
certification
will be considered false and unworthy of credit - thus discrediting that
individual petition. If this is found on several petitions of the
same
circulator, all petitions filed by that circulator
are discredited.
e. Fraudulent or misleading statements made by the circulator.
2. Inspection of signatures for:
a. Legibility.
b.
Printing instead of signing.
c. Absence of dated signature.
d. Absence of post office
address.
e. Verification of Rec Centers' current
membership.
f. Verification by name and number.
g. Duplicates
D. Time required for petition verification.
Normal certification time is 20 working days. If any unusual
circumstances occur
which require additional time or staff or both, the
checks will take longer.
However, if irregularities are found which require
extensive verification, the
completion of the verification process will take as
much time as needed to check
the irregularity. To allow time for this process, it
is recommended that petition
organizers allow at least two months for the
verification process in their timetable.
E. Upon completion of the verification process:
1. The Board Secretary will provide you with a
certificate of sufficiency attesting
to the validation of your petition.
2. The Board will set the date for an election
to present your petition to the
members for their vote.
3. If your originally submitted
signatures are certified insufficient, you may submit
one additional set of signatures within ten (10) days of that
certification.
Excepted: Where fraud is evidenced, no further signatures will be
accepted.
4. If these are insufficient, your petition is
declared invalid.
5. If signature is illegible, signers should be
asked by circulators to print above
name.
ATTACHMENT: Sample petition page - front and back.
NOTE: If these guidelines appear somewhat heavily weighted toward
discrediting signatures, we want future petitioners to be aware that
there are as many as 23 valid legal reasons for not counting a
signature. This does not mean that the Courts or the Board are opposed
to the use of the initiative or recall petition. It merely guarantees
that these fundamental rights of the electorate are not misused by
groups operating outside the constitutional and statutory requirements
as presently conceived under the law.
