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HomeMy WebLinkAboutCouncil Actions 05-13-96 PHROANOKE CITY COUNCIL PUBLIC HEARING MONDA Y, MA Y 13, 1996 7:00 P.M. CITY COUNCIL CHAMBER~ AGENDA Call to Order-- Roll Call. Welcome -- Invocation. Mayor Bowers. The Hedge of Allegiance to the Flag of the United States of America will be led by Mayor Bowers. Statement of Purpose. Mayor Bowers. Public hearing to receive comments of cit~ to determine whether the citizens of the City of Roanoke desire City Council to request the General Assembly to amend the City Charter to provide for nomination of candidates for City Council solely by petition of the qualified voters of the City and for elimination of the political paRies fi'om the nominating process (the foregoing nominating process sometimes being referred to as a "nonpartisan" nominz~ing process). 5. Adjournment. MARY E PARKER, CMC/AAE City Cl~rk CITY OF ROANOKF. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1336 Telephone: (340) 981-2341 Fax: (340) 224-3143 SANDRA H. EAKIN Deputy Ci~ Clerk March 20, 1996 File ft40-132-175 Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: Your report responding to Council's inquiry relating to non-partisan elections, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 18, 1996. On motion, duly seconded and adopted, Council authorized a public headng to be held on Monday, April 22, 1996, at 7:00 p.m., on the question of holding a referendum to determine if the qualified voters of the City of Roanoke are in favor of some form of modified ward system for electing City Council Members. Council also authorized a public headng to be held on Monday, May 13, 1996, at 7:00 p.m., with regard to the matter of partisan or non-partisan election of City Council Members. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm pc: W. Robert Herbert, City Manegor CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-981.2431 TELECOPIER: 540-224-3071 WlLBURN C. DISLING, JR. c~T~ ^TTO.NE~ March 18, 1996 WILLIAM X PARSONS STEVEN J. ?ALEVl GLADYS L. YATES GARYE. TEGENKAMP ASSISTANT CiTY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: CiTY COUNCIL ELECTION PROCEDURES Dear Mayor Bowers and Council Members: At the Council meeting of January 16, 1996, Council Member McCadden offered the opinion that City Council elections should be without regard to political affiliation. He requested that the City Attorney research this matter and present alternatives to eliminate party affiliation in the local electoral process. By unanimous vote, the matter was then referred to me for review and report. I am pleased to present this report in response to Council's request. The report describes the current municipal electoral process with particular emphasis on the role of the political parties, describes alternative procedures used by other municipalities and discusses First Amendment principles that must always be adhered to. Council's decision as to the wisdom of the various alternatives is, of course, an inherently political matter, and the City Attorney can offer no recommendation as to the alternatives. CURRENT ELECTION PROCEDURES FOR MAYOR AND COUNCIL MEMBER~ Current election procedures for the Mayor and Council members are controlled by the Roanoke Charter of 1952 and general law of the Commonwealth. The City Charter has surprisingly little to say about this process. Section 4 of the City Charter states that the Council shall consist of seven members, including the Mayor, all of whom shall be elected at large and serve for four year terms. The same section provides for staggered terms. Specifically, ~4 provides that the Mayor and three members of Council shall be elected on the first Tuesday in May, 1972, and each four years The Honorable Mayor and Members of City Council March 18, 1996 thereafter. On the first Tuesday in May, 1974, and each four years thereafter, three Council members shall be elected. As is the case with most Virginia city charters, the Roanoke City Charter does not address the nominating process or electgral procedures. The process by which one becomes a candidate for City Council and related deadlines and the printing of ballots and content thereof is controlled by State law. Independent candidates (those who are not candidates for party nomination) who desire to seek a seat on City Council are required to file a declaration of candidacy with the General Registrar. Section 24.2-505.C., Code of Virginia (1950), as amended. An independent candidate for City Council must also file, along with his or her declaration of candidacy, a petition signed by one hundred twenty-five qualified voters. Section 24.2-506. For general and special elections held in May, declarations of candidacy and petitions of independents shall be filed by 7:00 p.m. on the first Tuesday in March. Section 24.2-507. Names of independent candidates who have filed are transmitted by the Secretary of the local Electoral Board to the State Board immediately after the filing deadline. Section 24 2- 505.C. · As to party nominations, the duly constituted authorities of the political party for the city, county or town in which any office is to be filled have the right to determine the method by which a party nomination for that office shall be made. Section 24.2-509. Nominations by political parties for general and special elections to City Council held in May shall be completed by 7:00 p.m. on the first Tuesday in March. Section 24.2-510. Each party chairman has the responsibility of certifying the names of candidates for City Council who have been nominated by the party by a method other than a primary to the State Board and to the Secretary of the local Board not later than five days after the last day for nominations to be made. Section 24.2-511.B. Primaries may also be held by the parties to nominate candidates for City Council upon a party chairman's filing timely written notice with the State Electoral Board as to the request for a primary and identifying each office for which a primary has been adopted. Section 24.2-516. Primaries for the nomination of candidates for offices to be voted on in May shall be held on the first Tuesday in March next preceding such election. Section 24.2- 515. Notice as to the request for a primary must be filed by the chairman of the political party requesting a primary not more than one hundred ten (110) days and not less than ninety (90) days before the date set for the primary. Section 24.2-516. Upon appropriate notice, the State Board of Elections orders the holding of a primary. Section 24.2-517. The Honorable Mayor and Members of City Council March 18, 1996 3 Once candidates have been chosen, either by the party nominating process or by the petition process for independents, the form of the ballot becomes the responsibility of the State Board of Elections. Immediately after the expiration o~ the time for a candidate to qualify to have his or her name printed on the official ballot, each local electoral board is required to forward to the State Board a list of names of candidates who have filed for each office. Section 24.2-612. For general and special elections, the State Board of Elections determines by lot the order on the ballot of the political parties. For each party, the names of its candidates appear together in the order determined by the party. The names of independent candidates appear alphabetically as a class after the candidates of the political parties. No names of political parties appear on the ballot except in the case of Presidential elections. Section 24.2-613. I am attaching a sample ballot utilized in the general election for Mayor and City Council members on May 5, 1992. See Attachment A. As you can see, there are no names of political parties on the ballot. The candidates of each political party for each office are, however, lumped together in the order determined by their parties. ALTERNATIVE PROCEDURES I have been asked to suggest alternatives to the current process for electing members of Roanoke City Council. While it would be inappropriate for me to comment on the merits of alternative procedures, I am pleased to describe several alternative procedures. The City of Tempe, Arizona, has explicitly established non- partisan elections for its Mayor and City Council members by City Code. The Tempe City Code provides as follows: "Ail elections for Mayor and City Councilmen shall be non-partisan and nothing on the ballot in any primary or general election shall be indicative of the source of the candidacy or of the support of the candidate.', 1 Matthews Municipal Ordinances,S31.01 (1990). Since Virginia follows the Dillon Rule which holds that a municipal corporation possesses and can exercise only (1) those powers granted in express words; (2) those powers necessarily or fairly implied in or incident to the powers expressly granted; and (3) those powers essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable (Stallinqs v. The Honorable Mayor and Members of City Council March 18, 1996 4 Wall, 235 Va. 313, 367 S.E.2d 496 (1988)), a local governing body in Virginia is without authority to establish its own election procedures by ordinance. Election procedures and the nominating process as to local government offices are cQntrolled by the General Assembly in Virginia. As previously noted, the general law of the Commonwealth as set out in the Code of Virginia ordinarily applies. Several Virginia cities, however, have unique local procedures set out in their City Charters. One such example is the City of Portsmouth. Section 3.02 of Portsmouth Charter of 1970 provides that candidates for the council shall be nominated by petition. Only candidates who have been nominated by petition may, under the Portsmouth Charter, have their names printed on the ballot. A nominating petition shall be signed by at least seventy-five qualified voters of the city, and any person whose name has been submitted for candidacy by a petition is required to file his or her acceptance of the candidacy with the Clerk of the Circuit Court. A copy of S3.02 of the Portsmouth City Charter is attached as Attachment B. The effect of the Portsmouth City Charter is to take political parties out of the nominating process. All candidates for Portsmouth City Council obtain a place on the ballot by virtue of a procedure similar to that followed by independent candidates in the City of Roanoke. Thereafter, the names of the candidates are listed in alphabetical order on the ballot. The Charter of the City of Richmond (S3.02) specifically bars nomination by primary and provides that all candidates shall be nominated by petition only. See Attachment C. In the case of candidates for Richmond City Council, the required petition must include the signatures of 125 qualified voters. Nomination by petition, as in the case of the cities of Portsmouth and Richmond, is fairly common on a national basis. See C. Rhyne, The Law of Local Government Operations, ~7.6 (1980). Another example of non-partisan elections established by the Virginia General Assembly is contained in the new procedures for election of school boards. Section 22.1-57.3.E., Code of Virginia (1950), as amended, provides that candidates for local school boards shall be nominated by petition only. In order to achieve a place on the ballot in a city school board election, a candidate must present a petition with one hundred twenty-five signatures of qualified voters. Section 24.2-506. Thus, the political parties are excluded by State law from participating in the nominating process for school board elections. The City of Salem has, on several occasions, been cited to me as an example of a Virginia city that adheres to non-partisan The Honorable Mayor and Members of City Council March 18, 1996 5 elections for its Mayor and City Council. In fact, as a matter of law, Salem's nominating and election procedures are strikingly similar to the City of Roanoke's procedures. Section 3.2 of the Salem Charter of 1968 specifically states that nominations and elections shall be held in accordance with the general laws of the Commonwealth. I am attaching as Attachment D SS3.1 through 3.3 of the Salem Charter. Based upon my analysis of the Salem Charter, it is apparent that non-partisan elections exist in Salem by virtue of custom and tradition, not law. The political parties in the City of Roanoke could decline to nominate candidates (and, indeed, in some years they have so declined), just as the political parties in Salem have customarily declined to nominate candidates for Salem City Council. In describing alternative election procedures, there is no intent to denigrate the City's current procedures. A recent study of the Virginia Municipal League establishes that the current nominating process for Roanoke City Council is very similar to that followed in the vast majority of Virginia cities. According to the VML study, in thirty-seven of the forty-one cities of Virginia, there are no partisan labels on the election ballot as in the case of the City of Roanoke. The same study shows that in thirty-seven of Virginia's forty-one cities, neither the City Charter nor City Code addresses the nominating process as in the case of the City of Roanoke. See Election and Composition of Virginia Local Governing Bodies (Virginia Municipal League, July, 1995). Where the City Charter does not address the nominating process, general law, as discussed above, would apply. While several Virginia cities, such as Portsmouth and Richmond, have charters that provide for nomination by petition only, most Virginia cities have a nominating process established by general law that is, as a matter of law, virtually identical to this City's process. As a practical matter, however, the extent of actual party involvement in municipal elections varies greatly from one Virginia locality to another with there being significant party activity in some mayoral and council elections and little or none in others. See M. Wilkinson and M. Fields, Handbook for Virginia Mayors and Councilmembers, at 13 (1979). FIRST AMENDMENT ISSUES Initially, it should be recognized that the First Amendment to the United States Constitution guarantees the rights of association and free speech. All persons have the right to join political parties and participate in their activities. Parties and their members have the inherent right to endorse candidates for offices The Honorable Mayor and Members of City Council March 18, 1996 and to advocate the election of those persons favored by their endorsement. The First Amendment, however, is not offended by laws forbidding the designation of political parties or the affiliation of candidates upon the ballot. Such laws have been sustained against the contention that they prohibit political parties or interfere with their operation. See 3 McQuillin on Municipal ~orporations, S12.02 (1990); Douglas v. Sturgill, 261 S.W.2d 290 (Ky. 1953); Strade v. Sullivan, 236 P.2d 48 (Ariz. 1951); and State v. Portland, 133 P. 62 (Ore. 1913). In State v. Portland, supra, the Supreme Court of Oregon, in reviewing a challenge to a municipal charter prohibiting designation of the political party or affiliation of candidates upon the ballot, recognized that people have an inalienable right to assemble themselves into political parties and that parties have a right to be protected from interference with constitutionally protected activities, but opined that the charter provision did not prohibit political parties or authorize interference with their activities. Notwithstanding the charter provision, the Court explained that any party may endorse, support and work for the election of any candidate. The Court further explained that a voter desiring to vote for a person of his own political faith will take interest enough to ascertain the political affiliation of candidates without having to refer to the ballot in the voting booth. As previously noted, in Virginia, only in presidential elections is there a designation of political parties on the ballot. For all other elections, however, the candidates of each party are grouped together on the ballot according to political party, the order being determined by lot. For an example, see Attachment A. As to those Virginia cities that provide council candidates may obtain a place on the ballot by petition only, it is this provision that eliminates the party nominating process and precludes the grouping of candidates together on the ballot according to political party so that even sophisticated voters cannot determine party affiliation from the content of the ballot. Although there are no Virginia cases challenging petition only charter requirements, these provisions are of ancient origin, and I am confident, based upon my review of the authorities, that petition only requirements are not violative of the First Amendment or other Constitutional principles. Please note that a petition only charter requirement does not remove political parties from the election process. Parties may always endorse candidates, campaign for candidates, provide funds The Honorable Mayor and Members of City Council March 18, 1996 7 to them and provide all those other benefits that the political parties have always provided to their preferred candidates. Individual candidates may, of course, identify themselves as members of particular political parties. CONCLUSION As to the process by which one becomes a candidate for Mayor or City Council and obtains a place on the ballot, the City of Roanoke's Charter provisions are strikingly similar to those of the majority of Virginia cities. In fact, most Virginia city charters have little to say on this issue, and general law controls. As a matter of law, political parties have a role in this process by virtue of their power to make nominations. Where party nominations are made, the party's candidates are grouped together on the ballot, but without designation of party affiliation. Although the majority of Virginia cities operate under the same law, the extent of partisanship at the local level is largely a matter of local custom and tradition. The charters of several Virginia cities, including Portsmouth and Richmond, provide that one can become a candidate for mayor or city council only by the petition process. The effect of this provision is to remove the political parties from the nominating process. Without party nominations, there can be no grouping together on the ballot of candidates according to party. Although these charter provisions have apparently not been challenged, they are of long-standing origin, and the cases from other states suggest that such provisions are constitutional. While political parties may be removed from the formal nominating process, the First Amendment protects the right of the parties and their members to endorse candidates for all offices and to seek the election of these persons, as well as the right of candidates to identify themselves as members of a particular political party. The Honorable Mayor and Members of City Council March 18, 1996 8 I trust that this report is fully responsive to the request of City Council. Should members of City Council have questions as to legal issues, I shall be pleased to address them. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibllng, Jr. City Attorney WCD:f Attachments cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Shelva $. Painter, General Registrar COMMONWEALTH OF VIRGINIA SAMPLE BALLOT CITY OF ROANOKE GENERAL ELECTION Tuesday, May 5, 1992 Mayor (Vote for not more then one) David A. Bowers Willis M. "Wick" Anderson Member City Council (Vote for not more than three) r-~ Rene~ L Anderson ~ Beverly T. Fitzpatrick, Jr. ~ Jamea O. Trout O Elizabeth T. Bowles D Beverly B. Lambert --] Delvla O. "Mac" McCadden Autlx~lz~ M Elactoml Boam of City of Romtmke 210 C, ampl~# Ave., Room 104 Courthouse Roanoke, Virginia 24011 ATTACHMENT A § 3.0° PORTSMOUTH CODE 3.03 ARTICLE IH. CITy COUNCIL Sec. 3.01. Compodtfon. "'l'ne council shall consist of seven members to be elected by and from the city' at large. See. 3.02. Noo, lnotion of candldateL (a) Candidates for the cotmefl under the provlaiona of this charter shall be nominated by petition. Any qualified voter of the city, may be noml,~t~d aa provided herein. Subject to the provisions herein, there shall be printed on the ballots to be used in any municipal election for the election of councilmen the names of all candidates who have been nominated by peti- tion and no others. A nominating petition shall conform sub- stantially to the followinf requirements: (1) Such petition shall state the name and place of res- idence of each person whose name is presented for a place upon the ballot, and shall request such person or persona to become a candidate or candidates for the office of · councilmen for the City of Portsmouth. (2) Such petition shall be signed by at least seventy-five qualified electors of the city. (8) Each elector si~nin~ a petition may subecribe to one nomination for each of the places to be filled at the ensuinf election* and no more. (4) Such petition shall not be sirned by any elector more than ninety days prior to the day of such elect:on, and uautouch peUtton shall be filed with the clerk of the hu~t. co.urt.of said city not Ieee than sixty days previ- the say of such election. (b) Any person whose name has been submitted for candi- dacy by any such petition, eludl ~e his accept&ace of such candidacy with the clerk of hualina, s court of said elty a~ least ~ cla~ previou~ to the dab of mzch election, otherwise his name shah not appeer on the ballot. The filinf of such as~ptaaee shall be d~ned ~qulvabnt to the filing of notice or candida~, under the renerni election laws or the state, and no other notice of candidacy need be given by the person fitinf the 8an2e, ATTACHMENT See. 3.09. Nomination d oendi,4-t~ lot, See. 8.Or Coufhutdfeuerdm~el.e. ti,on. The baUot8 used fa each ~sR'~c~ ~ the elek~on ~ Cmu'~mm ~ be Mtho,R any An~ ma~t m' symbol. Each qua~ad vo+,et sha~l be Cc,,,,,~-,~,u fro' th. d~ in which such billet had m have been v~d jbr moro ~an one peHe~ ~ be yoM. 'Faa eandklam rucetv',n~ each dlaU'iR shall be declared elect, ed. The gen- euA laws ,~ ~ C~----mwealth relae~ t~ the ~oadue~ ag e/ee~ow, .o ~a~ as peflin.n~ al~ly ~ the candu~ ~' the Crustal municipal eleRle~ CA~s ~9"~. Ch. ~1S, ! 1) ATTACHMENT C CHAPTER 3. ELECTIONS Sec. 3.1. Election of councilmen. On the F~rst Tuesday in May 1974, and on th~ first Tuesday in May every two years thereafter, there shall be held a ~eneral municipal election, at which the members of the city council shall be elec~i. All other municipal elections that may be held shall be known as spatial municipal elec- tions. (Acts 1973, ch. 141, § I.) Sec. 3.2. General law to control r~i~tration, no,,tlnm~ion~ a~d election. Unless otherwise provided in this Charter, reg- istration, nominations and elections held under this Charter shall be in accordance with the ~en- eral laws of the commonwealth. Sec. 3.3. How rej~ilar municipal election for eleetton of councilmen conducted. The candidates in any regular municipal elec- tion for the election of councilmen, equal in number to the places to be f'flled, who shall re- ceive the hi~hest number of votes at such elec- tion, shall be declared elected. In any such election, each elector shall be enti- tled to a vote for a~ many persons as there are vacancies to be f'flled, and no more. No elector shall in such election cast more than one vote for the same person. In countin~ the vote, any ballot found to con- taln a ~reater number of names for the office of councilmen than the number of vacancies in the council to be filled shall be void, but no ballot shall be void for containing a less(er] number of names than is permitted hereby. ATTACHI/ENT D MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 R~anoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAK1N Deputy City Clerk January 1B, 1996 File ~40-132 WilbumC. Dibling, Jr. Cay Affomey Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of a statement presented by Council Member Delvis O. McCadden at the City Council meeting on Tuesday, January 16, 1996, with regard to elimination of party affiliation as a means of electing local officials. On motion, duly seconded and adopted, the matter was referred to you to res~mch and submit potential options for consideration by Council. Sinoamly, Mary F. Parker, CMC/AAE cay Clerk MFP:sm Enc. pc: The Honorable Delvis O. McCadden, 2018 Carroll Avenue, N. W., Roanoke, Virginia 24017 ELECTION OF CITY COUNCIL MEMBERS JANUARY 16, 1996 I believe firmly that the election of City Council Members should be the most important election that we have in our City, even more important than the election of State and Federal Officials. The City of Roanoke is near and dear to my heart, as I am well aware is to each of you. And in that vain, it is important that we understand the process that we go through in our daily lives in operation of the City. First, let me drive home the fact that our City Manager is the Chief Operating Officer of the City. His job is to oversee the day to day operation of our City. City Council, on the other hand, in this system of checks and balances sets the direction and the policy by which the City Manager is to follow. Because of that, our interest should be in the generation and delivery of goods and 1 services to our citizens. For that reason, I would like to offer that City Council endorse a position of non-party affiliation*in the election of its local officials. In this way, citizens will have the opportunity to elect the person best able to set the direction of the City rather than worry about what party a candidate is affiliated with. It also allows the City Manager to have the full Council direction in his Administration of City policies and practices. Election of candidates to City Council without party affiliation would also insure that that person has the good of the City at heart and not the direction of a political party behind him or her as they set the policy and the tone for the City. 2 I believe wholeheartedly that our City would be in a much better position if the word "democrat" or the word "republican" were not after the name of each of us on a ballot. It would not be illegal for a political party to endorse a particular candidate, however, it would be illegal in this case for a person to be elected as a democrat or as a republican, regardless of his or her personal beliefs in party affiliations. Sometimes, we, meaning local officials, feel as if we get pressure from .political parties in regards to how we are to vote on certain issues. That should not be the case in local government. Local government, again, should be delivery of goods and services to its people. I would like for you to join with me in asking the City Attorney to research and prepare potential options in eliminating party affiliation as a means of citizens electing their local officials in Roanoke City. Whether it 3 be in petition or some other means, I would like your endorsement of this particular proposal. As you can see, it has been very difficult for us to come to a common ground on replacement of our Council Member who has had to resign his post. This has happened twice in my short stance as a City Council Member. I think and I wholeheartedly believe that this would cease if party affiliation was eliminated as a means by which citizens could elect local officials. Please take this in consideration, and again, I hope you will join with me in a proposal to make this law in the City of Roanoke. Thankyou. 4 CITY OF ROANOKE MEMORANDUM Date: To: From: January 16, 1996 Members of City Council Council Member Delvis O. McCadden ~ At the 2:00 p.m., session of City Council this afternoon, under 9.a., Inquiries and/or comments by the Mayor and Members of City Council, I plan to introduce a statement which would endorse elections of Council Members by petition and eliminate potential party endorsements. If you have questions, please see me prior to 2:00 p.m. DOM:sm Ad Number: 50362746 Publisher's Fee: $49.30 MARY F. PARKER, CITY CLE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S.W. ROA~NOKE, VA 24011-1536 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 05/03/96 FULL RUN - Friday Witness, this 6th day of May 1996 Authorized Signature NOTICE OF PUBLIC HEARING TO THE CITIZENS OF CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will hold a public hearing on Monday, May 13, 1996, at 7:00 p.m., in the Council Chambers, Municipal Building, 215 Church Avenue, S.W., in said City, at which time citizens of the City shall have an opportunity to be heard to determine whether such citizens desire City Council to request the General Assembly to amend the City Charter to provide for nomination of candidates for City Council solely by petition of the qualified voters of the City and for elimination of the political parties from the nominating process (the foregoing nominating process sometimes being referred to as a "nonpartisan" nominating process). GIVEN under my hand this the 30th day of April, 1996. Mary F. Parker, City Clerk NOTE TO PUBLISHER: Publish once on Frida5 . IPages ~' / Pos.,t,,~ Fax Note ,, 7671 Data y/jo ,of Send bill and publisher's affidavit to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011 NOTICE OF PUBLIC HEARING TO THE CITIZENS OF CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will hold a public hearing on Monday, May 13, 1996, at 7:00 p.m., in the Council Chambers, Municipal Building, 215 Church Avenue, S.W., in said City, at which time citizens of the City shall have an opportunity to be heard to determine whether such citizens desire City Council to request the General Assembly to amend the City Charter to provide for nomination of candidates for City Council solely by petition of the qualified voters of the City and for elimination of the political parties from the nominating process (the foregoing nominating process sometimes being referred to as a "nonpartisan" nominating process). GIVEN under my hand this the 30th day of April, 1996. Parker, City Clerk NOTE TO PUBLISHER: Publish once on Thursday, May 2, 1996. Send bill and publisher's affidavit to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011