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02/24/1997 15:11 9199657737 TOWN OF CARRBCRO <br /> 20 <br /> Memorandum <br /> To: Carrboro Mayor and Board of Aldermen <br /> From:Michael B:Brough #1/6 <br /> Deb: February 18, 2997 <br /> Re: Referendum Charter Amendment <br /> Putauaa to the Hoard's direction, I have dmAed the attached amendment to the <br /> Town Charter to allow the Board to submit to a referendum any question relating to <br /> the exercise by ekes Board of its disationary powers,subject to specified exceptions. <br /> If the Board approves some version of this draft, it will become section 3 of the <br /> town's proposed special legislation. <br /> Before drafts this bill. I checked with David Lawrence of the Institute of <br /> Govawyient,who told me that,to his knowledge,no other city in the State has this <br /> authority, although a few have charter provisions nqw=that certain matters be <br /> submitted to a reftnnglum when a petition is filed, and one or two have charter <br /> provisions g; the governing body to hold a referambim when a petition is <br /> filed. Thus„I had no modal to follow,and so I addressed the issues ffiat occunvd to <br /> me as best I could, with the understanding that the Board may well wish to deal <br /> with these issues in a dif%rtw fashion. Among the issues raised by this bill are the <br /> following. <br /> First, should the +results of a refenrtdum be binding? The answer to this affects <br /> the way in which several othdx issues are resolved. At first blush, it may app on <br /> anomalous to have a referenduan that is not binding. But a binding referendum may <br /> raise serious diMcalties,depending on the type of question submitted. For earample, <br /> if the question is the passage of an ordinance, then should the referendum, provide <br /> that s favorable vote enacts the ordinance without further Board action? And if so, <br /> can the oadhwmc ever be amended or repealed without another reftrrendum? And if <br /> the question is not the ensctnteat of a specific ordinance or something equally <br /> Vic.will there not be room for argument,and potential litigation, over whether <br /> the Board's action is consistent with the referendum? By not making the <br /> rehmdum binding, this eliminates such issues,or at leant removes them from the <br /> judicial to the political arcus <br />