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Home My WebLink About1981 Ordinance No. 008• • • ORDINANCE NO . 8 .,---SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINAN CE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO PROVIDE AUTHORIZATION OF PETITIONS BY THE CITY CLERK, TO PERMIT THE INCLUSION OF A STATEMENT IN DEFENSE ON RECALL PETITIONS, AND TO REQUIRE RECALL ELECTIONS TO BE HELD WITH A GENERAL MUNICIPAL ELECTION AND NOT WIT H A GENE RAL STATE ELECTION BY AMENDING SECTION 34 OF ARTICLE IV OF THE HOME RULE CHARTER AND DECLARING AN EMERGENCY. BE IT ORD AINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS F OLLOWS: Sec ion 1 . There i s hereby submitted to the qualified electors of t e City of Englewood, at a special election to be held on March 24, 1981 , pro posed amendmen t to the Charter of the City of Englewood as fo llows: That e f fect ive immediately upon approval of the quali- fied electors of t h e City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pu r suant to Se ction 9, Article XX, of the Colorado Constitution, the Charter of the City of Englewood, and Section 31-2-210, Colorado Revi sed Statutes, 1973, as amended. Artic le IV~ Section 34, of the Home Rule Charter of the City of En glewood is hereby amended to read as follows: 34 : Recal l. Any elected officer of the City of Englewood may be recalled from office at any time after holding office fo r six months, in the manner here provided: Proc edure . The p ro c ed u r e here under to effect the recall o any elec t e d office r s h a ll b e as follows: One or nx>re qualiried elec t ors who would be entitled to vote fo r the successor of the incumbent sought to be recalled shall file with the Director of Finance, ex officio City Clerk-Treasurer, (City Clerk) , an affidavit of not mo r e t h a n 200 word s stating the reasons for the recall of the elected c:fficer sought to be removed. The City Clerk shall, within f orty-eight (48) hours after the filing of said affidavit, mail a copy of said affidavit, by certified mail, to the elected officer sought to be r ecalled, who may file with the City Clerk a sworn state- ment in d efense of the charges made against him. After the affidavit has been filed, the City Clerk shall a uthorize a petition for recall of the elected • • • officerwhich shall include the statement in defense of the petition if so reques ted by the person sought to be recalled prior to the authorization by the City Clerk . The City Clerk's authorization shall not constitute an approval of the form or contents of the petition but, rathe r, shall commence the running of the time periods provided hereafter. Th authorized petition may be circulated and signed by qualified electors who would be entitled to vote for the successor of the inc umbent sought to be rec al led . For rec al 1 of any elected af f ice Ji said petition must be signed by qualified electors who would be entitled to vote for a successor of the incumbent sought to be recalled , numb er ing at least twenty-five percent (25%) of the qualified electors voting for all the candidates for the elected officer's respecti ve off ice in the last preceding general munic ipal e lection. The recall petition sha ll be filed with the requi- site information and signatures with the City Clerk within sixty (60) days after authorization by the City Clerk. Failure to file a petition within this period shal l render the recall petition null and void. If said petition is filed within the time specified and is proper in all respects, the Council shall set a date for a recall lection to be held not less than sixty (60) days nor more than one hundred twenty (120) days af er 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. Should a general municipal election or a special municipal election be held within the 60th to 120th day after filing of the recall petition, the recall election shall be held in conjunction therewith. Should a general state election be held within the 60th to 120th day after filing of the recall petition, the recall election sha ll be held on the 46th to 90th day after the general state election. At such recall elec ion , the question of the proposed recall of theelectedofficer shall be submitted to the quali- fied electors who would be entitled to vote for the successor of the incumbent sought to be recalled. -2- • • • The ballot upon which such proposed recall is submitted shall set forth the following question: SHALL (NAME OF PERSON AGAINST WHOM RECALL PETITION IS FILED) BE RECALLED FROM THE OFFICE OF (TITLE OF OFFICE)? Following such question shall be the words "Yes and "No". In the event that an officer is recalled by a majority vote of those voting on the question, the off ice shall be deemed vacant and shall be filled at an elec tion called by Council not less than sixty (60) days nor more than one hundred twenty (120) days after the recall election unless within said period of time a general municipal election, a special municipal election, or a general state election is to be held. Should a general municipal election or a special municipal election be held within the 60th to 120th day afteL filing of the recall petition, the election shall be held in conjunction therewith . Should a general state election be held within the 60th to 120th day after the recall election, the election shall be held on the 46th to 90th day after the general state election. Recall elections and elections to fill a vacancy created by a recall election shall not be subject to the limitation set forth in Section 14 of the Home Rule Charter. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AMENDMENT NO. 6 AGAINST Shall the Home Rule Charter recall provisions be amended to provide: authorization of petitions by the City Clerk to permit the inclusion of a statement in defense on recall petitions; that a recall election shall be held not less than 60 days nor more than 120 days after filing a recall petition, providing that in the case of a municipal election, the recall election shall generally be held in conjunction therewith and, in the case of state election, the recall election shall generally be held thereafter; that in the event of recall, an election shall be held thereafter to determine a successor, amending Section 34, Article IV? -3- • • • And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by the appropriate mark- ing upon paper ballots, where used. Section 3. A special election is called to consider the fore- going amendment to the Charter of the City of Englewood, along with other proposed Charter amendments, for the 24th day of March, 1981. It is expressly understood that only one special election is called to consider multiple questions. Section 4. The proper officials of the City of Englewood shall give notice of said general municipal election, which 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 5. To protect the health, safety and welfare of the pUblic of the City of Englewood and tha~ this matter must be considered by the voters of the City of Englewood at the special election to be held March 24, 1981, an emergency is declared. Introduced, read in full, and passed on first reading on the 12th day of January, 1981. Published as a Bill for an Ordinance on the 14th day of January, 1981. Read by title and passed on final reading on the 19th day of January, 1981. Published by title as Ordinance No._8~~-' Series of 1981, on the 21st day of January, 1981. Attest: ex~~{fe~ -4- I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 8 Series of 1981. ~~~- -5-