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Home My WebLink About2015 Ordinance No. 034r ORDINANCE NO. 2,i SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE SUBMTITING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION ON NOVEMBER 3, 2015 A PROPOSED AMENDMENT TO ARTICLE II, SECTION 14 .. SPECIAL ELECTIONS" OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, Article II, Section 14, of the Englewood Home Rule Charter addresses the time frame for special elections; and WHEREAS, pursuant to Colorado Revised Statutes § 1-13 .S-110, Special elections -"Special elections must be held on such date as may be provided by law by the local government calling the special election." WHEREAS, the Englewood Home Rule Charter states ''No special election shall be held within forty-five (45) days before or after a general municipal or state election."; and WHEREAS, holding a special election 45 days prior to a general municipal or state election becomes problematic causing election administration problems; and WHEREAS, Arapahoe County is willing to work with the City in the event of a call for a special election but from late August Arapahoe County equipment is tied up; and WHEREAS, Arapahoe County has procedures, equipment and best practices in place to facilitate a mail ballot election, such as the ability to provide signature verification; and WHEREAS, the passage of this ordinance will amend Article II, Section 14, of the Englewood Home Rule Charter to read: ''No special election shall be held within ninety (90) before or 45 days after a general municipal or state election"; and WHEREAS, the longer time period will ensure the City is not forced to hold a Special Election too close to the November election; WHEREAS, the longer time period will enable the City to contract with Arapahoe County for election services; and WHEREAS, the City Clerk met with the Englewood Election Commission and recommended a change from 45 days before to 90 days; and WHEREAS, the Election Commission voted to support the change. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next municipal election on November 3, 2015, a proposed amendment to the Charter of the City of Englewood, Article II, Section 14, to read as follows: Question No. _ Shall the Home Rule Charter of the City of Englewood, Article II, Section 14, be amended to read as follows: ARTICLE II. ELECTIONS 14: Special elections. (1) General Provisions. Subject to the limitations imposed by this Charter, Council may call special elections as necessary either by resolution or by ordinance. Notice of such special elections shall be published and shall cite the section of this Charter which governs the proposition to be submitted to the electors. No special election shall be held within ninety (90) days before or forty-five (45) days after a general municipal or state election. General state elections may be used for submission of city propositions, except as limited by this Charter, and shall not be considered as special elections for city purposes. Any proposal, question or proposition may be submitted at any general or special municipal election except as hereinafter limited. The ballot for all elections, except election of officers, shall state briefly the nature of the proposition and shall provide appropriate means to vote for or against the proposition. (2) Number, Limited. A. Not more than one special election shall be held, under provisions of Section 46 of this Charter, during any twelve month period; provided, however, that proposed initiated ordinances, questions or measures may be submitted at any general municipal or state elections, or at special elections called under provision of other sections of this Charter as limited in Section 14(3) hereof. B. Any proposition submitted under Section 77 of this Charter shall not again be submitted under Section 77 for one year thereafter. (3) Subject, Limited. Elections held under provisions of Section 6, Section 77 and Section 104 of this Charter shall be held separate and apart from all other elections and shall be limited to submission of only one proposition in any one election. ___ Yes ___ No 2 • Section 2. Each registered elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State. Section 5. For pwposes of Section 1-11-203.5, C.R.S., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of July, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of July, 2015. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of July, 2015 for thirty (30) days. Read by title and passed on final reading on the 20th day of July, 2015. Published by title in the City's official newspaper as Ordinance No-2i Series of 2015, on the 23rd day of July, 2015. Published by title on the City's official website beginning on the 22nd day of July, 2015 for thirty (30) days. ~/~~-. ~~.Penn,Mayor 3 I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ~)9.-le copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2015. 4 • • COUNCIL COMMUNICATION Date Agenda Item Subject July 6, 2015 11 a ii Charter Question for November 3, 2015 Election INITIATED BY STAFF SOURCE Loucrishia A. Ellis, City Clerk/Election Commission Election Commission/City Clerk's Office Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council reviewed this proposed amendment to the Charter at their June 29, 2015 Study Session. RECOMMENDED ACTION The City Clerk's Office and the Election Commission seek Council approval of a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood, at the November 3, 2015 Election, a proposed amendment to the Home Rule Charter to address an election timing issue. The amendment would change Special Election timeframe restrictions. Pursuant to Colorado Revised Statutes§ 1-13.5-110. Special elections -"Special elections must be held on -such date as may be provided by law by the local government calling the special election." Englewood's Home Rule Charter, Article II§ 14 Special elections states that "no special election shall be held within forty-five-days before or after a general municipal or state election." Holding a Special Election 45 days prior to a general municipal or state election becomes problematic. This would definitely cause election administration problems. The County is willing to work with the City in the event we have to call for a Special Election. But from late August on, their equipment is tied up. The County has procedures, equipment and best practices in place to facilitate a Mail Ballot Election, such as the ability to provide signature verification. We would like to change it to make sure we are not forced to hold a Special Election too close to the November election, so that we would not be able to contract with the County for election services. The Election Commission feels it is in the best interest of our citizens to coordinate with the County. We would like to amend the Charter § 14 Special elections to read: "No special election shall be held within ninety forty five days before or forty-five days after a general municipal or state election." FINANCIAL IMPACT This action will not have a financial impact on the City of Englewood. LIST OF ATTACHMENTS Approved minutes from the June 10, 2015 Election Commission meeting Proposed bill for an ordinance • • .. 1. Call to order City of Englewood ELECTION COMMISSION June 10, 2015 6:30 p.m. Englewood Civic Center 1000 Englewood Parkway City Manager"s Conference Room The meeting of the Englewood Election Commission was called to order by Chairperson Berger at 6:31 p.m., in the City Manager's Conference Room. 2. Roll Call Present: Absent: A quorum was present. Members Berger, Cohn, Mayer, Ellis Member Haraldsen Also present: Deputy City Clerk Washington Council Member Yates 3. Citizen Forum Council Member Yates did not wish to speak. 4. Consideration a) Charter Amendment; Special Election timeframe City Clerk Ellis explained to the Election Commission that recent initiative and recall inquiries have brought to light how problematic it would be to hold a Special Election at any time up to 45 days prior to the November election, as the Charter allows. When inquiries come in January or February, it allows the proper time to prepare for the Special Election. It can take 60 to 90 days to put an election together. City Clerk Ellis has been in discussion with Matt Crane, Clerk and Recorder for Arapahoe County. Mr. Crane is more than willing to coordinate with the City Clerk's office to hold a Special Election if needed. Trying to conduct a Special Election prior the General Election would be difficult, because from late August on the County's equipment is tied up. City Clerk Ellis recommends City Council put a Charter question on the General Election Ballot to amend the Charter§ 14 Special elections to read: "No special election shall be held within ninety forty fi¥e days before or forty-five days after a general municipal or state election ." City Clerk Ellis is tentatively scheduled to speak to City Council on this matter on June 29th at the Study Session. The ordinance will go on first reading July 6th , and if approved, will go on second reading on July 20 th • City Clerk Ellis is also taking an IGA (Intergovernmental Agreement) to City Council, July 6th for first reading, if approved and on July 20th for second reading, for approval of the installation of a 24 hour drop off ballot box. The location of the box will be on the second floor due to parking and access issues. [Clerk's Note: Staff is currently re-evaluating the placement of the box.) The County will pay for the cameras and the box . City Clerk Ellis distributed a redacted copy of a citizen's email inquiring about the process to recall City Council members. City Clerk Ellis also distributed her response setting forth the recall process. Englewood Election Commission Page2 June 10, 2015 City Clerk Ellis reported there is an initiative petition being circulated, but nothing has been filed with the City Clerk's office yet. The deadline to file the petition is August 5th i" order to place the question on the November ballot. Discussion ensued. MEMBER COHN MOVED, AND MEMBER MAYER SECONDED, TO RECOMMEND THAT CITY COUNCIL APPROVE A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD, AT THE NOVEMBER 3, 2015 ELECTION, A PROPOSED AMENDMENT TO THE HOME RULE CHARTER TO ADDRESS A SPECIAL ELECTION TIMING ISSUE. Vote Results: Ayes: Nays: Absent: Motion carried. 5. Member's Choice Members Berger, Cohn, Mayer, Ellis None Member Haraldsen The Commission members had no additional comments. 6. Clerk's Choice ... City Clerk Ellis reminded the Election Commission about the Board and Commission Appreciation - BBQ on Monday, June 22, 2015 at 6:30 p.m. at the Englewood Recreation Center. 7. Adjournment CHAIRPERSON BERGER MOVED TO ADJOURN. The meeting adjourned at 7:11 p.m. / Deputy City Clerk