Referendum Petition Information
This page is dedicated to our guests
The Marvin Referendum Petition Group
OUR VILLAGE OF MARVIN CITY CHARTER
SHOULDN’T BE CHANGED BEFORE OUR VOTE!
Check Your Newspaper Box for Your 'Pink Petition Packet'
Ready? Set? ... Go! Go! Go!
But Together, We Got This!!
The Essential Facts & Instructions
The following bullet points are intended to provide the most essential information.
If you would like more detailed information email us or continue browsing.
▪︎ We need signatures from 20% of voters in each Marvin subdivision
▪︎ Petitions will be delivered in bright pink envelopes to mailboxes this week.
▪︎ You can also download and print a petition and/or instruction sheet
▪︎ Residents willing to mail their petition signatures can do that now!
▪︎ Drop-off boxes are being set-up in most subdivision. Find yours below.
▪︎ Petitioners can also mail signed petitions to the P.O. Box indicated below.
▪︎ Petitioners have until Nov. 4 to submit their signed petition forms
▪︎ Petitioners must use and submit original signatures, in ink.
▪︎ Have a question? Send us an email and we'll get back to you!
Frequent Questions - Updates - Timelines
IF THE CHARTER ORDINANCE IS ADOPTED ON OCT. 10
Tue. Oct. 09, 2018
Fri. Oct. 10, 2018
Sun. Oct. 12, 2018
Sun. Oct. 12, 2018
Sun. Nov. 11, 2018
January 01, 2018
January 01, 2018
-- Council Adopts Charter Amendment Ordinance
-- Request to Newspaper to Publish Notice of Adoption
-- Earliest Publish Date of "Notice of Adoption”
-- 30-day Countdown to Petition Due Date Begins
-- Petition Deadline (30 days after Notice published)
-- ~Date when Mayor could have ability to vote, or
-- ~Date when Council could “call a referendum"
THE CANCELLED SEPTEMBER 11 COUNCIL MEETING AND THE CHARTER AMENDMENT ORDINANCE
Why Was The Sept 11 Council Meeting Cancelled?
The official reason was a lack of quorum - which means there were not enough Council members planning to attend the meeting to establish the minimum number needed to hold an 'official' meeting. (A minimum of three members are required.)
Which Council Members Said They Couldn't Attend the Meeting?
According to public records, Councilor Dispenziere wrote the Clerk to say he could not attend the meeting for medical reasons. Pollino and Vandenberg wrote Village Hall to say they could not attend the meeting but did not provide a reason in the record.
Given recent statements Pollino has made (as recently as Aug. 30) it is likely Pollino and Vandenberg decided not to attend this meeting because, without Nick Dispenziere, they would not have had the majority. Both Councilman Epps and Councilor Shkut were available for the meeting.
Was the Meeting Cancelled to Avoid the Public or a Vote on the Charter Change?
There are a lot of possibilities but any other explanation aside from what records show (above) would be speculation. The best way to get an answer is to question what each Council member says about their reasons for not attending. Attending future meetings, to see what occurs, is usually a good indication of each members' intentions.
Will the Charter Amendment Ordinance Be Adopted On Sept. 27 Or on Oct 9?
The Village Clerk has said the Charter Amendment will be placed on the October 9 Council meeting agenda. But it is important to know, now that the public hearing has been held there is no rule preventing the Council majority from adding the Charter Amendment ordinance to their Council meeting Thurs. Sept. 27 at 9am and voting on the ordinance.
Anyone interested in this issue should attend the work session meeting on September 27, to see what occurs. Having people
at the meeting may impact what the Council decides to do, however there are no guarantees.
Is There an Expiry Date for the Proposed Charter Amendment Ordinance?
Yes. Any Charter Amendment ordinance proposed by the Council must be acted on within sixty (60) days of the public hearing. This works out to be Oct. 30. If the Council does not pass the Charter Amendment by that date, they must begin the process again, from the beginning.
On October 10, the Council voted on the ordinance to Amend the Village Charter. The amendment would allow the Mayor to vote on all matters.
The meeting was well attended, and seven more members of the public spoke in opposition to the Charter Amendment.
In total, to-date, 14 residents have spoke publicly in opposition to the Charter Amendment, at least 17 people wrote letters and two members of the public have spoken in favor of it - however the two citizens speaking in favor of the amendment have been Councilwoman Vandenberg and commercial developer, friend and business associate of the Mayor, Mr. Lavelle.
In order for an ordinance to pass on the ‘first reading’, two-thirds of the Council is required to vote in support of the ordinance. On the ‘second reading’, an ordinance only requires a simple majority.
The first vote for the Charter Amendment was held, on this night, of October 10. Kim Vandenberg and Nick Dispenziere voted in favor of the Charter Amendment, Robert Epps and Mary Shkut voted in opposition. Mayor Pollino broke the tie and voted with Vandenberg and Dispenziere, resulting in a 3-2 vote.
The Charter Amendment was not supported by two-thirds of the Council. Therefore, the Council must vote on the amendment again, before October 30, or the proposed amendment will expire.
The Council asked that a special meeting, in the evening be arranged solely for the Charter Amendment. The date has not yet been announced. If a simple majority of the Council votes in support of the Charter Amendment, the amendment will pass.
Meanwhile, the referendum petition campaign has begun!
Other Council Meeting Updates
THE CANCELLED SEPTEMBER 11 COUNCIL MEETING
If There are Enough Signatures, Would the Referendum be on the Nov. 2018 Ballot?
According to the UC Board of Elections the Charter Amendment wouldn't be on the electoral ballot for this November’s election because it is past relevant deadlines for submission.
If There Are Enough Signatures, Would the Referendum Be On the May 2019 Ballot?
We do not believe so. Per NCGS §163A-1592, which outlines the procedures for special elections -- and a referendum - the charter amendment may only be held during May primaries "in any even-numbered year". Therefore, according to our reading of the statute, the Marvin referendum would be put on the ballot in Fall of 2019.
Will the Mayor Have the Right to Vote As Soon As the Charter Amendment Passes?
No. According to NCGS §160A-103, any ordinance for a
Charter Amendment, approved by a City Council "shall be subject to a a referendum petition". Therefore, the ordinance passed by the Council cannot go into effect until the Council has provided voters with the 30+ days they are permitted to gather signatures. The most recent copy of the ordinance, published by the Village, has been updated to reflect this statutory requirement.
What Happens to the Mayor's Right to Vote If Enough Signatures Are Collected?
First, it's important to clarify that after a referendum petition is submitted, it it is turned over to the Union County Board of Elections (UCBOE) so they can verify all submitted petition signatures. Therefore, merely the submission of a petition means the Mayor will not be able to vote until the signatures are counted. UCBOE officials tell us this could take a couple of months...
If the BOE Verifies the Petition DID Get Enough Signatures...
... the Mayor’s right to vote is halted until the Charter Amendment (and Mayor’s right to vote) goes on the ballot for
a referendum. We believe this would be in Nov. 2019, but we are seeking further verification.
If the BOE Verifies the Petition DID NOT Get Enough Signatures...
...the ordinance goes into effect then. This could be
around the beginning of Jan. 2019.