Loading...
HomeMy WebLinkAbout2001 Ordinance No. 039• • • ORDINANCE N0 :3:/. SERIES OF 2001 BY AUTHORITY COU CIL BILL NO . 42 INTRODUCED BY COUNCTL IEMBER GARRE'IT AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELEC'l'ORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHED ULE D M ICIPAL ELECTIO A PROPOSED AMENDMEN'l' TO AR'i'ICLE IV . SECTIO 34, OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, the City Council of the City of Englewood desires to emend the Reca.11 Proceduressection;and WHEREAS, the Englewood City Clerk's Office and the Englewood Election Commission seek Council approval of a bill for an ordinance submitting to a vote of the registered electol'8 of the City of Englewood, at the next scheduled General Municipal Election, November 6, 2001 , propoSE!d amendments to the recall , vacancy, initiative and referendum se< tions of the Rome Rule Cba.rter of the City of Englewood; and WHEREAS. th~ mendmenta would permit sublI'ission of questions to the voters at general state el~,:t.!ons, which are currently restricted by Charter; and WHEREAS, these Charter restrictions, regarding participation in general state elect'ona, were esta blished prior to the advent of coordinated elections: an.d WHEREAS , a review of Article IV, Recall revealed that paragraph six and paragraph nine contain repetitive 111.nguage; and WHEREAS , there are recommended cha nges in paragraph nine to clarify that this paragraph was meant to refer to an election to fill a vacancy; and WHEREAS , the Englewood City Council finds that such modification of the Englewood Home Rule Charter would serve the public welfare ; OW, THEREFORE, BE IT ORDAINED BY THE Cl'l'Y COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1 There is hereby submitted to the registered electors of the Ci of Englewood at the next 9Cheduled municipal election on ovember 6, 2001 a proposed amendment to the Charter of the City of Englewood , as follows: • I - 10 b vi 34: Procedures. Question No ARTICLE IV RECALL Any elected officer of the City of Englewood moy be re co Ued from office at any time after;_ •lding office for SLX months , m the manner here provtded: The procedure hereunder tO effect the recall of any eleeted officer shall be as follows : Om, or more registered electors who would be entltled to vote for the sua:essor of the incumbent sought to be recaUed shall file with the City Clerk. an affidavit of m,: more than 200 words s bng the reasons for the recaU of the elected ofli.cer sought to be removed. Th.e City Clerk shall, within forty-eight (48) houre after the filing of said affidavit, mail a copy of said affidavit, by certified mail, to the elected officer sought to be recalled, who may file with the City Clerk a sworn statement in defense of the charges made again£' him. After the affidavit has been filed. th.e City Clerk shall authorize a peotion for recall of the elected officer which shall include the statement in defense of the petition if so requested 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 petitio n but, rather, shall commence the runnwg of the time periods provided hereafter. The aulhorized petition may be circulated and signed by registered electors who would be entitled to vote for the successor of the incumbent sought to be recalled. For recall of any elected officer, SaJd petiuon m uat be signed by registered electors who would be entitled to vote for a successor of the incumbent sought to be recalled, numbering at least twenty-live percent (25%) of the registered elect.Ors voting for all the candidates for r.he elected officer's re&pective office in the last preceding general municipal election. The rccrul petition shall be filed with the requisite information and si gnatures with the City Clerk wiuun silty (6 0) days after authorization by the City Clerk. Failure to file a petition within tlus penod shall rendi.-Lhe recall petition null and void. lC said petition is filed w1tlu.o the time spec:ified and a proper in all respects, the Council shell set a date for a recall election to be held not le than sixty (60) days nor more than one hundred twenty (120) day a~r flling of the recall petition unle a within sB1d period of tune a general mWllc:ipal elecuon, a s pecial munic:ipal election or a general tate election I to be held. Should a general murucpal election. er a specal municipal election,~ grneral state ele~ be held "·1th1n the 60th to 120th day fter filing of the recall petition, the recall election shall be held m conjuncuon therewith. Shac1.ld II i;cneral Mate election be held. .. ithiri the 68th to 128th de~ after filmg af !he recall peutien, H,e reeaH eleetien ahe.U be he!!I en rhe 16th to 98th Ja, after th,. ~enerel stei.e election-:-At such recoil election. the question of the proposed recall of the elected officer she U be su bmitted to the r gistered electors who would be entitled to vote for the successor of the m cumbent 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 \.\"HOM RECALL PETITION lS FJLED) BE RECALLED FROM THE OFFICE OF (TITLE OF OFFICE)? Following s uch question shall be the worde "Yea• and "No". In the event that an officer is recalled by a majority vote of those voung on tbe que s tion , the office shell be deemed vacant and shall be filled at an election called by Council not le ss than eixty {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 ge nerul __ e lection is to be held . Should a general municipal election, er a special muni cipal election, 2Ul l!'.eneral state election be held within the 60th Ml 120th day after ~the ree2ll ~election_ the election to fill the vacancy shall be held in conjunction therewith_ Recall elections and elections to fill a vacancy created by a recall election shall not be s ubj ect to the limjtation set forth in Section 14 of the Home Rule Charter. ___ Yes __ No ~-Each elect'~ voting at said election and desirous of voting shall inru te his/her choice by depressing the appropriate counter of the voting maclune or by the appropriate marking upon paper ballots where uaed . Sectjpn 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 s uch election shall be canvassed and the result ascertained. determined, and certified ae required by law _ ~-Only if the question is approved by the registered electors of the City or Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State. Si:i:tism...fi. For purposes of Section l · l l-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 tttle fo-r such question shall be the text of the question itulf. Any petition to contest the form or content of the ba.llot title may be filed wit!, die 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 rearung of this Orrunance. SeJ:tiwl..§. If any ctioo . paragraph. clause , or other portion of true Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability s hall n.ot affeet any or the remairung poruona of this Ordinance . -3- lni:rodu;ed, read in full , and passed 1,:, first readin g on the 16th da of July, 2001. Publi shed as a Bill for a.n Ordinance on tte 20th day of J uly, 2001 . Read by title and passed on final re ading on the 6th day of August, 2001. Published by title e Ordinance No~ Series of 200L , on the 10th day of August, 2001 . I, Lou=lua A. E llia, City Cle r k of the City of Englewood, Colo o. hereby certify that the above and foregoing ie a true cop~f the Ordinance pa d o final reeding and published by title as Ordinance o..z.;., Series o 001. ukdfh -4- • • • • • COUNCIL COMMUNICATION Date Agenda Item Jul y 16, 2001 INITIATED BY Director of Fin an ce and Adm inistrative Services Election Com m iss ion/Ci ty Cl erk's Office 10 a v i STAFF SOURCE Subject Charter Question for November 6, 2001 Election regarding Recall Procedure Fr an k Gryglewicz, D irector o f Finan ce and A dministr ti e Se rvice s Loucrishia A. Elli s, City Clerk/Ele1.."tl o n Co mmiss ion Member COUNCIL GOAL AND PR:CVIOUS COLI CIL ACTIO N C ity Coun ii reviewed this proposed amendment to the Charter at their April 16. 2001 Study Sessio n. At the la 21, 2001 Study Sess i on Council directed staff to proceed with submitting this question to the voters . RECOMME OED ACTION Th e City Clerk's Office and the Elect ion Comm ission seek Council approval o f a bill for an ordinance submi tting to a vo te of the registered electors of the Ci ty of Englewood, at the next scheduled General Municipal Elect ion, N ovember 6, 2001, proposed am endments to the re call , vacancy, initiative and referendum se ctions of the Home Rule Cha.rter of th e City of Englewood. The ame• . ..,me nts would permit subm iss ion o f questio ns to the voters at general stat elections , which ar e curren dy restricted by Charter. These Charter restri ctions, regard ing participation in general state el ections, were established prior to the advent of coordinated elections . Additionally, a re vi ew of Article IV, Recall re ealed tha t paragraph six and paragraph nine contain repetitive la nguage. We ha ve recommended changes in paragra ph nine to cl arify that this paragraph was meant to re fer to an ele ctio n to fi ll a vacan cy. FINA CIAL IMPACT Th is action will not have a direct inancial impa<t on th e City of Englewood. LIST OF ATTACHMENTS Pr opo sed bill fo r an o rdinance Memo to Director Frank Gryglewicz dated Marc h 14, 200 1 MEMORANDUM TO: Frank Gryglewlcz, Director o f111,m •1,d Adminis trati ve Services FROM : Loucri shia Ellis, City Cl rk OAn: March 14, 2001 SUBJECT: Proposed Charter changes At the Election Commission meetin~ March 1, 2001 , th omm!s Ion di ussed amending the Charter to permit subm is sion of recall , vacancy, initiative and r ferendum qu tlon to th e voters at general state elections . This became an i ssue last summer when a citizen initiated a recall flort. E, n thouP.h the timing would have allowed the question to be posed to the citizens at a gen ral munic1· 1 , .!C!i' •• .. t was an off-year for us . The fall election was a general state election, and based on Charter r·•· !:. ·.'lo"-wt would have been looki ng at a lanuary special election. Both sides of the issue expressed d1 r, •• that ,;.~ issue coul d not be resolved at the ovember election. There is also the issue o the addltiona1 o t of c onducting a special election . Charter ,estrict,ons regarding participation i n general state elections wer stablish d prior to th advent of coordinated elections. The Election Commission reviewed Charter procedures relativ to r II, a n , n tiative and re r ndum and determined to propose changes which would allow the subml sion o reierendum questions to a gene ral st ate election . Article VI . Initia tive and Referendum, Section 46: Submissions conla Commission feels thei r recommended change I ould cla ri the i nte ons subm ·tted ith signatu res of 10% of the preceding gub material vo election. If the petition is submitted with just 5% of the signatures , l general municipal or gene ral state election. The Commission 's re co word ·an • in Section 46 and add •a general." Addit1onall , a review of Article IV, Recall revealed that paragraph six and para r h nln cont In r p l.itiv language. e have recommended r hanges in paragraph nine to clarify that thl par, 1ph w J m nt to re fe r to an el ction to fill a vacancy. I have attached a copy of the motion for further clan ,cat ion . Please let me knO\ If o u have n qu stlons. • Member lay ll10\' d, and Memb er Redpath seconded, to recommend submitting to a vo te of the registered electon of the City of Englewoo d, amendments to Article IV, Reali, Section 34 and Artide VI , • Initiative and Referendum, Sections 46 an:t 47 gene.rally as follows: • t Article IV. RECALL 34: Procedures. [Pa ragraph 6[ Should a general municipa :'ection, eF a special municipal election, ,w: genera! state elegjon be held within the 60"' to 120"' da y aft!' .. :rng of the reca ll petition, the recall election shall be held in conjunction therewi th . Sllewle a geReFal sla ··. ,.. .•.!A be llelEI wi1hiA Ille liQ•~•-6a'f alter filiAg ef Ille reeall 11e1i1ioA, 11:te Fe cal! electioR sllall be : •4&-90• Ela~ alter Ille geAe~al s1a1 e eleelioR . At such recall election, the question of the , ,roposecl ; ~all of the elected officer shall be submitted to the registered electors who would be entitled le vote fc . the successor of the Incumbent sought to be recalle d. The ballot upon which such propos ed recall is submitted shall se1 ;orth the following question : SHALL (NAME OF PERSO AGAI ST WHOM RECALL PETITIO IS FILED) BE RECALLED FROM THE OFFICE OF (TITLE OF OFFICE )r 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 office shall be deemed vacant and shall be AIied at an election called by Council not less than sixty (60) days nor more than one hundred twenty (1 20) days after the recall election unless within said period of time a gt:neraf municipal election, a special municipal election, o r a general ~ election is to be he ld . [Paragraph 91 Should a general municipal election, a, ii special municipal election, ,w: a genera[ state etectjon be held withi n the 60'" or 120., da y afte r filiAg--ef the recall ~ s:Jes;tiQD, the election to fjU the yacancy shall be held in conj un ction therewith . Recall elections and election s to fill a vacancy created by a recaf! election shall not be subject to th e limitation set forth in Section 14 of the Home Rule Charter. Article VI. !NIT' TIVE A D REFERE Du 46 : Submis sions . (Paragraph 11 If the p t:'i ti on acc ompan in g the p roposed o rdinance is signed by registered electors equal in number to ten p ·c ent ( 10%) of the preceding gubernatoria l vote in th e city, with a req ues t for a special elec ·nr r ou n< '<r ail ei ther pass said ordinance without alte rati ons within th irty da ys after the petition is fi k 1 10 th •endum, or call a special municipal election, unless a genera l mynicjoal etectjog, 6J Sp@(.1JI municipal election or ge neral state etectjgn is to occur within ninety days thereafter. Al such ~ Elf-general munic ipal fection, $Qecjal W\fQjcjpal election or ge ne ral state ~ the Council shall submit sa id ordinance to a vote or the electors of the City. If the petition is signed by registered electors equal in number to at least fi e percen t (5%) of the preceding gubernatorial vote in the city, and is fi led with th e City Clerk at least ninety (90) days before ~ ~ mun icipal or general state election, the Council shall pass said proposed o rdinance without altera tions within thirty (30) days, or shall submit s, . to a vote of the electors at the next general municipal or state electlC'n . I the petition is not hied w1 .1 1e City Clerk at least ninety (90) da s before the next general municipal c-r gen'-till state election, it shall be null and void. !Paragraph 21 If at any time within thirty (30) days after the final pass;age of an ordinance to which the referendum is .applicilble petition signed by registered electors equal in number to at least ten perc:ent (lOo/o) of the preceding gubernatorial vote in the Oty, Is presented to the Council protesting any ordinance oing into effect. it shall reconsider such ordinance. If the ordinance is not entirely repealed, Counc shall submit it to a vote of the electors of the City as provided in the Initiative and Section 14 of this Charter, at the next general municipal election, EIHhl special mynjcjpal election w; ggne@I 'Hille election. Such ordinance sh all then go into effect without further publication if a majority of the electors vo ting thereon vo te in favor of il The Council, on its own motion, shall have the power to sub mit any proposed o rdinan ce to a vo te of the electors at a general or special election as provided and limited in this Charter. No provisi on of this Charter shall be construed as limiting the right of Council to refer to any ordinance subject to re erendum . If provisions of two or more proposed ordinances adopted or pproved at th ame election conflict. the ordinan ce receiving the highest affirmative vo te shall become effective . Vote resul ts : Motion ca rried . Ayes : ays : Absent Members Redpath, Ellis, Lay None Members Holmberg, Mulhern • • t