Article 9 Charter Review and Amendments

Section 9.1 Charter review commission

This charter shall be reviewed periodically by a charter review commission ("commission") as provided in this article.

  1. Election and Period of Office. Five (5) years after adoption of this charter and at least every five (5) years thereafter, the council shall cause an election of a charter review commission. The commission shall consist of fifteen (15) persons, elected on a nonpartisan basis; three (3) will be from each council district. These candidates shall file during the regular candidate filing period and pay a twenty-five dollar ($25.00) filing fee. No primary will be held for this election. The election shall be held at the November general election. The member receiving the greatest number of votes shall convene the commission. The term of office for persons elected to the commission shall be two (2) years or until the work of the commission concludes, whichever occurs sooner. The commission may meet at appropriate times and places, as long as meetings are held within the jurisdictional boundaries of Clark County. Public notice of each meeting must be provided in a newspaper of general circulation throughout the county and by a posting on the county's website at least fourteen (14) days in advance of the meeting.
  2. Vacancy. Vacancies on the commission shall be filled by the remaining members of the commission within thirty (30) calendar days after the chair declares a vacancy provided that within ten (10) days of the declaration, notice shall be given residents of the district in which the vacancy occurs in a manner determined by the commission. The person selected to fill the vacancy shall reside in the district where there is a vacancy. Selection requires a simple majority vote of the commission.
  3. Financial Support. Members of the commission shall serve without salary, but shall be reimbursed for reasonable out-of-pocket expenses. The council shall provide the commission with reasonable and necessary money, facilities and services to effectively and efficiently fulfill its purpose.

[Amended, Sec. 5-6, Res. 2021-3, Nov. 2021; Sec. 1-2, Res. 2021-4, Nov. 2021]

Section 9.2 Commission responsibility and duty

The commission is bound by responsibility and duty to review the charter to determine its adequacy and suitability to the needs of the county and propose necessary and appropriate amendments.

Section 9.3 Charter amendments, general provisions

Charter amendments may be proposed by the charter review commission, council or public. All amendments are subject to the general provisions below.

  1. Filing Charter Amendments. Proposed charter amendments shall be transmitted to the auditor. Amendments shall be submitted to the voters at the next November general election occurring at least ninety (90) calendar days after registration of the proposed amendment. If more than one (1) amendment is submitted on the same ballot, amendments shall be submitted so the people may vote for or against them separately. An amendment which embraces a single or interrelated subject may be submitted as a single proposition even though it includes changes to different sections of one (1) or more articles.
  2. Approval of Charter Amendments by the Electorate.
    1. When there are multiple amendments on the same topic, the voters shall be given the choice of rejecting or accepting each amendment.
      1. If the voters accept more than one (1) amendment on the same topic, and the measures are incompatible, the amendment receiving the highest number of affirmative votes shall be approved.
      2. If there are multiple amendments on the same topic, compatible with one another, they may all be approved.
      3. If the voters reject all amendments, none shall be approved.
      4. If the voters approve one (1) amendment and reject the others, the approved amendment shall be approved.
    2. Amendments approved by a majority of the voters shall be effective ten (10) calendar days after the results of the election are certified, unless a later date is specified in the amendment. Implementing ordinances required by a charter amendment shall be enacted by the council within one hundred eighty (180) calendar days after the charter amendment is effective, unless the charter amendment provides otherwise.

Section 9.4 Charter amendments proposed by the charter review commission

The commission may propose amendments to the charter by filing proposed amendments with the auditor in conformance with Section 9.3(A) of this article.

Section 9.5 Charter amendments proposed by the public

  1. Proposing a Public Charter Amendment.
    1. A registered voter of Clark County may file a proposed charter amendment with the auditor, who shall transmit a copy to the prosecuting attorney. Within ten business days of the filing date, the prosecuting attorney shall formulate a ballot title not to exceed fifty (50) words and posed as a positive question, which shall be a true and impartial statement.
    2. The prosecuting attorney shall transmit the proposed ballot title to the auditor. The auditor shall give the proposed charter amendment an identifying number.
    3. Within ten (10) business days of receiving the proposed ballot title, the auditor shall confer with the petitioner to establish the form and style of the charter amendment petition as required by the auditor or by ordinance.
  2. Submission of a Public Charter Amendment. A proposed charter amendment petition must bear the valid signatures of registered voters of the county equal to at least twenty (20) percent of the number of votes cast in the county's last gubernatorial election. Signatures shall be submitted to the auditor not more than one hundred fifty (150) calendar days following the date of conference with the petitioner to establish the form and style of the petition, and at least one hundred fifty (150) calendar days before the next general election.

Section 9.6 Charter amendments proposed by the council

The council may propose amendments to the charter by enacting an ordinance to submit a proposed amendment to the voters at the next November general election occurring at least ninety (90) days after enactment. A minimum of four (4) affirmative votes of the council shall be required to enact such an ordinance. The amendment shall be submitted to the auditor in compliance with Section 9.3(A) of this article.

Section 9.7 Codification

Following the election at which any proposed provision of this amended charter is approved by a majority of the voters voting thereon, the county council shall cause such amendment to be incorporated into the text of the original charter and shall publish the amended charter. In the process of incorporating amendments into the text of the original charter, the clerk of the county council may, at the discretion of the county council, correct manifest errors in reference to other charter sections and correct manifest spelling, clerical or typographic errors, additions, or omissions.

[Amended, Sec. 17, Rec. 2021-7, Nov. 2021]