After receipt of an initiative petition or referendum petition, the city clerk shall
within thirty (30) days determine the sufficiency of the petition. The city clerk
may make all necessary factual investigations and may request the counsel of the qualified
and licensed attorneys-at-law contracted to provide legal services pursuant to sections 2-111—2-113 of this Code in reaching a determination as to the sufficiency of the petition.
The city clerk may, after giving notice by publication for one (1) insertion in a
local newspaper, hold a public hearing at which time the clerk shall hear all persons
who wish to be heard on the question of whether such petition is sufficient. Only
the signatures of legally registered voters shall be counted upon petitions. If the
city clerk determines that the petition is sufficient, the city clerk shall certify
that determination in writing to the sponsors of such petition and to the board of
directors. If the city clerk shall decide any petition or ballot title to be insufficient,
the city clerk shall without delay notify the sponsors of such petition and the board
of directors, and permit the sponsors of the petition ten (10) days for correction
or amendment. After expiration of the ten (10) day period or upon submission of any
correction or amendment, whichever occurs first, the city clerk shall issue a final
certification, whether of sufficiency or insufficiency, in writing to the sponsors
and shall notify the board of directors. The decision of the city clerk shall be final
unless suit is brought in the Circuit Court of Sebastian County, Fort Smith District,
within thirty (30) days of the date of the clerk's certification of either insufficiency
or sufficiency.
