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HomeMy WebLinkAbout2018 Resolution No. 021RESOLUTION NO. 21 SERIES OF 2018 A RESOLUTION SETTING THE DATE FOR THE CITY OF ENGLEWOOD TO HOLD A SPECIAL MAIL BALLOT ELECTION TO DETERMINE WHETHER LAURETT BARRENTINE SHALL BE RECALLED FROM THE OFFICE OF CITY COUNCIL MEMBER REPRESENTING DISTRICT 3. WHEREAS, On April 17, 2018 the Office of the City Clerk received an Affidavit to recall Laurett Barrentine from her seat on City Council where she serves as representative for District 3; WHEREAS, Englewood Home Rule Charter §34, as supplemented by C.R.S. 31-4-501 et seq., provides for the process of creating, authorizing, circulating, signing and filing petitions to call for a recall election for any elected official within the City; WHEREAS, On May 4, 2018, a petition for recall was authorized by the City Clerk; WHEREAS, On July 3, 2018, the recall petition was filed with the City Clerk, and was determined to contain the requisite information and signatures numbering at least twenty-five percent (25%) of the registered electors voting for all the candidates for the elected officer's respective office in the last preceding general municipal election; WHEREAS, Per City Charter §34 and C .R .S . 31-4-501 et seq., the municipal clerk shall submit a filed recall petition, together with a certificate of its sufficiency, to the governing body of such municipality at the first regular meeting of such body following the date of filing. Council shall set a date for a recall election to be held not less than sixty (60) days nor more than one hundred twenty (120) days after filing of the recall petition unless within said period of time a general municipal election, a special municipal election or a general state election is to be held; WHEREAS, To act in accordance with the provisions of City Charter §34 and C.R.S. 31-4- 501 et seq. regarding setting the date for special elections, the City Council must enact a Resolution setting a date for a special election to take place within the 60 to 120 days following the date of filing of the petition, less the 32 days prior to the general election of November 6, 2018, during which no special election may take place in accordance with C.R.S. 31-10-108, which mandates the date of such recall election to occur between September 1, 2018 and October 2·2018; and WHEREAS, At the July 9, 2018 meeting of the Election Commission for the City of Englewood the Election Commission, pursuant to§ 35 of the City Charter, recommended the date of September 18, 2018 upon which to hold an election, to be conducted by mail in ballot only. An alternative date of September 25th was also recommended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby establishes September 18, 2018 for a Special Election by mail ballot for the voters of City Council District 3 to determine whether Laurett Barrentine shall be recalled from the office of Englewood City Council Member representing District 3. Section 2. The Special Election shall be held in accordance with the applicable provisions of Englewood Home Rule Charter § 14, §34, and applicable provisions of the Colorado Revised Statutes. ADOPTED AND APPROVED this 16~ day of July,~~ Linda Olson, Mayor ATTEST: I, Stephanie Carlile, City Clerk, for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. 21, Series of 2018. Efl 0 lewood g CllY CLERK"S OFFICE MEMORANDUM TO: FROM: DATE: Mayor Olson and City Council Members Stephanie Carlile, City Clerk July 3, 2018 SUBJECT: Recall Petition State of Colorado ) ) ss County of Arapahoe ) I, the undersigned, do hereby certify, pursuant to Englewood Charter Section 34, that the Recall Petition filed with the City Clerk's Office on July 3, 2018, has been reviewed and it has been determined to be valid and sufficient. cc: Eric Keck, City Manager Alison McKenney Brown, City Attorney