The URL can be used to link to this page

Home My WebLink About1981 Ordinance No. 026, .. I , • • • ' ORDINANCE NO. ~6 SERIES OF 198r--- BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE 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 FOR THE .APPOINTMENT OF MUNICIPAL COURT JUDGE AND CREATING A MUNICIPAL COURT NOMINATING COMMISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART . II, ARTICLE IX, OF THE HOME RULE CHARTER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the c!ty of Englewood at a special election to be held on March 24, 1981, proposed amendment to the Charter of ·the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pursuant to Section 9, Article II, of the Colorado Constitution, the Charter of the· City of Englewood, and Section 31-2-210 of the Colorado Revised Statutes of 1973, as amended, Article IX, Part II, Section 68, of the Home Rule ChaJ:T.ter of the City of Englewood is hereby repealed and new Section 68 is hereby adopted by the people of the City of Englewood, to read as follows: • I • • • 68: ESTABLISHMENT THERE IS HEREBY ESTABLISHED A MUNICIPAL COURT VESTED WITH EXCLUSIVE JURISDICTION OVER ALL CAUSES ARISING UNDER THE .CHARTER AND ORDINANCES OF THE CITY. THE MUNICIPAL COURT JUDGE SHALL BE APPOINTED BY COUNCIL FOR A TERM OF TWO YEARS AND MAY BE REMOVED BY COUNCIL FOR CAUSE BY FOUR CONCURRING VOTES. IF, IN THE DISCRETION OF COUNCIL, MORE THAN ONE JUDGE IS NECESSARY, ONE OR .MORE ADDITIONAL JUDGES MAY BE APPOINTED. COMMENCING JANUARY 1, 1982, AND THEREAFTER, ALL MUNICIPAL COURT JUDGES SHALL BE APPOINTED. UPON PASSAGE OF THIS CHARTER AMENDMENT, ELECTION OF MUNICIPAL JUDGES SHALL NOT THEREAFTER TAKE PLACE. THE UNEXPIRED TERM OF ANY ELECTED MUNICIPAL JUDGE SHALL NOT HEREBY BE AFFECTED. METHOD OF APPOINTMENT: ANY VACANCY IN THE MUNICI- PAL COURT SHALL BE FILLED BY APPOINTMENT OF THE CITY COUNCIL, FROM A LIST OF TWO OR THREE NOMINEES FOR THE MUNICIPAL COURT, SUCH LIST TO BE CERTIFIED TO THE CITY COUNCIL BY THE -MUNICIPAL COURT NOMINATING COMMISSION FOR ANY VACANCY. THE LIST SHALL BE SUBMITTED BY THE NOMINATING COMMISSION NOT LATER THAN THIRTY (30) DAYS AFTER THE DEATH, RETIREMENT, TENDER OF RESIGNATION, OR REMOVAL OF THE MUNICIPAL COURT JUDGE. METHOD OF RE-APPOINTMENT: THE MUNICIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REVIEW OF THE MUNICIPAL COURT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSION OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COUNCIL SHALL THEN VOTE WHETHER TO RETAIN THE MUNICIPAL COURT JUDGE. SHOULD THE VOTE BE NOT TO RETAIN THE MUNICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACANT AT THE CONCLUSION OF THE TERM OF OFFICE. MUNICIPAL COURT NOMINATING COMMISSION: THE PURPOSE OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL BE TO FIND THE MOST QUALIFIED PERSONS FOR THE POSITION OF MUNICIPAL COURT JUDGE IN THE CITY OF ENGLEWOOD MUNICIPAL COURT. THE COUNCIL SHALL APPOINT ONE OF ITS MEMBERS, ONE ATTORNEY PRACTICING LAW IN THE CITY OF ENGLEWOOD, AND THREE ELECTORS OF THE CITY TO THE MUNICIPAL COURT NOMINATING COMMISSION. MEMBERS OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL SERVE TERMS AS FOLLOWS: COUNCIL PERSONS SHALL SERVE DURING THEIR TENURE, ONE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1982, ONE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1983, AND TWO MEMBERS SHALL SERVE UNTIL DECEMBER 31, 1984. THEREAFTER, EACH MEMBER APPOINTED SHALL SERVE UNTIL THE 31st OF DECEMBER OF THE FOURTH YEAR FOLLOWING THE DATE OF APPOINTMENT. -2- r • ' • • • Section 2. The voting machines and paper ballots for said election shall carry the following deaignation which shall be the submission clause: FOR AMENDMENT NO. 9 AGAINST Shall the Home Rule Charter, Section 68, Part II, of Article IX, be amended to read as follows: 68: ESTABLISHMENT THERE IS HEREBY ESTABLISHED A MUNICIPAL COURT VESTED WITH EXCLUSIVE JURISDICTION OVER ALL CAUSES ARISING UNDER THE ' CHARTER AND ORDINANCES OF THE CITY. THE MUNICIPAL COURT JUDGE SHALL BE APPOINTED BY COUNCIL FOR A TERM OF TWO YEARS AND MAY BE REMOVED BY COUNCIL FOR CAUSE BY FOUR CONCURRING VOTES. IF, IN THE DISCRETION OF COUNCIL, MORE THAN ONE JUDGE IS NECESSARY, ONE OR .~ORE ADDITIONAL JUDGES MAY B~ APPOINTED. · COMMENCING JANUARY 1, 1982, AND THEREAFTER, ALL MUNICIPAL COURT JUDGES SHALL BE APPOINTED. UPON PASSAGE OF THIS CHARTER AMENDMENT, ELECTION OF MUNICIPAL JUDGES SHALL NOT THEREAFTER TAKE PLACE. THE UNEXPIRED TERM OF ANY ELECTED MUNICIPAL JUDGE SHALL NOT .HEREBY BE AFFECTED. METHOD OF APPOINTMENT: ANY VACANCY IN THE MUNICI- PAL COURT SHALL BE FILLED BY APPOINTMENT OF THE CITY COUNCIL, FROM A LIST OF TWO OR THREE NOMINEES FOR THE MUNICIPAL COURT, SUCH LIST TO BE CERTIFIED TO THE CITY COUNCIL BY THE · MUNICIPAL COURT NOMINATING COMMISSION FOR ANY VACANCY. THE LIST SHALL BE SUBMITTED BY THE NOMINATING COMMISSION NOT LATER THAN THIRTY (30) DAYS AFTER THE DEATH, RETIREMENT, TENDER OF RESIGNATION, OR REMOVAL OF THE MUNICIPAL COURT JUDGE. METHOD OF RE-APPOINTMENT: THE MUNICIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REVIEW OF THE MUNICIPAL COURT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSION OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COUNCIL SHALL THEN VOTE WHETHER TO RETAIN THE MUNICIPAL COURT JUDGE.· SHOULD THE VOTE BE NOT TO RETAIN THE MUNICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACANT AT THE CONCLUSION OF THE TERM OF OFFICE • -3- ,... , -·-··· ·--·-·· .. ~·· ....... ---·-.. .. . . . ··-· -···· -··--------.................... ·-····---· .. -·--.. .. . ............ --····--·-···------··· -~·· ·--·--··-·· ... --... ·------········· MUNICIPAL COURT NOMINATING COMMISSION: THE PURPOSE OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL BE TO FIND THE MOST QUALIFIED PERSONS FOR THE POSITION OF MUNICIPAL COURT JUDGE . IN THE CITY OF ENGLEWOOD MUNICIPAL COURT. ·THE COUNCIL SHALL .APPOINT ONE OF ITS MEMBERS, ONE ATTORNEY PRACTICING LAW .IN THE CITY OF ENGLEWOOD, .AND · THREE ELECTORS 0, THE · CITY TO THE MUNICIPAL COURT NOMINATING .COMMISSION. MEMBERS OP THE MUNICIPAL COURT NOMINATING COMMISSION SHALL SERVE TERMS AS FOLLOWS: CO~CIL PERSONS SHALL . SERVE DURING THEIR TENURE, 'ONE . MEMBER SHALL SERVE . UNTIL ·DECEMBER 31, 1982, ONE MEMBER: SHALL SERVE UNTIL DECEMBER 31, .. 1983,. AND TWO MEMBERS SHALL SERVE UNTIL DECEMBER ·31, 1984. THEREAFTER, EACH MEMBER APPOINTED SHALL SERVE UNTIL THE 31st OF DECEMBER OF THE FOURTH YEAR FOLLOWING THE DATE OF APPOINTMENT • .. And each elector voting at said election ·and desirous of voting for or against .said amendment,·shall indicate his choice by depresaing the appropriate · counter of the voting machine which indica:tes the word "Por!' or "Against" or· by the app1:opriate marking 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 que·stions. • Section 4. .. The proper: officials . of the City of Englewood shall give notice .of said · gene·ral 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. Introduced, read in full, and passed on first reading on the 2nd day of February, 1981. Published as a Bill for an Ordinance on the 4th day of February, 1981. day Read by title and passed on final reading on the !·7th ~= February, 1981. -4- ,., , • • Published by title as Ordinance No.c:a', Series of 1981, on the 18th day of February, 1981. • • ~ zZ:a;M..; Mayor Attest: ~ fi_~,,c-V ex ~io~ler reasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance /__ passed on final reading and published by title as Ordinance No.~fe/, Series of 1981. ~ ',(d-?A~ ry R. ee -s-