Are there any rules about what kinds of ordinances can be presented by initiative petition?
Yes. Sometimes an initiated ordinance is illegal and the City may contest submitting the ordinance to the voters. For example, only ordinances that are “legislative” should be proposed by initiative. Ordinances that are “administrative” should not be proposed by initiative. A “legislative” ordinance generally is one that is general in nature and presents a new policy or plan. Ordinances that are temporary or special in nature or that merely pursue an existing plan are administrative. An initiated ordinance cannot propose to spend money unless the ordinance also provides for new revenues from which the money will come. This requirement is set out in the Missouri Constitution, Section 51 of Article III: “The initiative shall not be used for the appropriation of money other than of new revenues created and provided for thereby, or for any other purpose prohibited by this Constitution.
