What is an administrative action and what is a legislative action for purposes of determining if an action is subject to initiative and referendum?
The courts have established two tests to determine this. Actions relating to subjects of a permanent and general character are usually regarded as legislative in nature, and actions relating to subjects of a temporary and special character are usually regarded as administrative in nature. Secondly, the power to be exercised is legislative in nature if it prescribes a new policy or plan, while it is administrative in nature if it merely pursues a policy or plan already adopted by the City Council.
