Sunday, October 11, 2009

PROPOSED RESOLUTION for ALL CITIES to adopt to counter MML interference with Citizens Constitutional Right to Initiative Petition

RESOLUTION NO. _______________

RESOLUTION REBUKING CERTAIN ACTIONS TAKEN BY THE MISSOURI MUNICIPAL LEAGUE

WHEREAS, The Missouri Municipal League (MML) is funded through the contribution of member cities and other interested vendors and partners, and;

WHEREAS, MML purports to represent the desires and wishes of those member cities, and;

WHEREAS, the City of Pacific is a member of the MML, and;

WHEREAS, the MML has filed a lawsuit seeking to modify certain initiative petition ballot language approved by the Office of the Secretary of State, and;

WHEREAS, the MML has employed delay tactics in that lawsuit, such as protracted briefing schedules, which greatly diminish the limited time available to collect signatures, and;

WHEREAS, said lawsuit may have the effect of stymieing citizen initiative petitions, and;

WHEREAS, citizen initiative petitions provide direct citizen participation in the democratic process ensuring that the voice of Missouri citizens is heard by government, and;

WHEREAS, the City of Pacific seeks to support efforts that ensure direct citizen participation in government, and;

WHEREAS, the MML has been using other resources, in addition to the lawsuit, to oppose the citizen initiative petition, and;

WHEREAS, the MML has been soliciting special contributions from member cities to be used to fight said initiative petition, and;

WHEREAS, chapter 115.646 RSMo forbids the use of public resources in an attempt to influence a ballot measure or election by an “officer, employee or agent of any political subdivision”, and;

WHEREAS, the MML is an “agent” of the city of Pacific, and;

WHEREAS, the MML has been using its resources to lobby against the initiative petition in the public sphere and association meetings, and;

WHEREAS, the City of Pacific intends to be in total compliance with Missouri election law,

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Pacific, Missouri, that it does hereby reject any efforts by the MML in the aforementioned legal matter of in any other actions that might have the effect of stymieing citizen participation in the governance of the State of Missouri or its political subdivisions.

BE IT FURTHER RESOLVED by the Council of the City of Pacific, Missouri, that it believes that any efforts by MML to “educate” about a proposed citizen's initiative should include an opportunity for both sides of the measure to present their position.

(end of resolution)

______________________________
Presiding Officer of the City Council

______________________________
Mayor Herb Adams

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City Clerk Kim Barfield

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