Madison Violates State Law by Pre-empting Referendum

The City of Madison dodged a public referendum of its special maintenance fee by rescinding said fee before certifying the referendum petitions. The City of Madison may have broken state law.

An eager reader points out that a city can't monkey with an ordinance once it's been referred to a public vote. I'm dubious at first: technically, the special maintenance fee hadn't been referred to a vote when the Madison City Commission rescinded the ordinance, because the commission acknowledged the petition but delayed certifying it pending an attorney general's opinion on its legitimacy.

But my eager reader gives us the statutory goods: South Dakota Codified Law 9-20-11!

The governing body shall, upon the presentation of a petition pursuant to § 9-20-6, submit the question to the electors at the next annual municipal election or the next general election, whichever is earlier. Pending the election, the governing body may take no action with respect to the subject matter of the petition that would alter or preempt the effect of the proposed petition....

Rescinding the ordinance certainly preempts the effect of the petition 525 Madisonians proposed. The City of Madison rescinded the ordinance after the presentation of said petition. I check SDCL 9-20-6 and find it says nothing about certifying the petition; it speaks of petitioners filing their petition with the city auditor or clerk within 20 days of publication of the ordinance. I read those two statutes together, and I conclude that at the moment petitioners lay their papers on Jennifer Eimers's desk, the commission freezes any action relating to the subject on that petition until the people have their say or until Jennifer finds enough bogus signatures to disqualify the petition.

So the Madison City Commission not only can't figure out the law on special assessments, but it can't follow the law on referenda. Good grief, Madison!

You know, I'll be back in Lake County for a couple months. If you need me to drop in this summer and help you read state law, I'll be happy to consult. I work cheaper than the city attorney.