HomeMy WebLinkAbout1997 Ordinance No. 065ORDINANCE NO .(£"'
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO . 68
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL
MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF
THE CITY OF ENGLEWOOD, COLORADO REGARDING POWERS EXPRESSLY
WITHHELD FROM COUNCIL .
WHEREAS, this bill for an ordinance would submit to the registered voters of the
City of Englewood amendments to the City of Englewood Charter; and
WHEREAS , Article III, Section 32, currently provides for removal from office by a
unanimous vote of Council; and
WHEREAS , Article V, Section 37 , prohibits Council Members from voting upon
matters involving the consideration of his own official conduct or when his personal
or financial interest is involved; and
WHEREAS , Article III , Section 32 , of the City of Englewood Home Rule Charter
shall be amended to eliminate the language regarding removal by a unanimous vote
of Council ; and
WHEREAS , the Charter would be changed to allow citizen recall of a Council
Member but would prohibit Council removal of a Council Member;
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 scheduled general municipal election a proposed amendment
to the Charter of the City of Englewood , Article III, Section 32, as follows :
ARTICLE ID
LEGISLATIVE BODY
32: POWERS EXPRESSLY WITHHELD FROM COUNCIL
Council shall deal with the administrative service solely and directly through the
City Manager, and neither the Council , its members nor committe e shall either
dictate the appointment or direct or interfere with the work of any officer or employee
under the City Manager, either publicly or privately. Attempted dictation, direction
or interference on the part of any member of the Council shall be deemed misconduct.
, and any member of the Couneil found guilty of any sueh aet may be remwv'ed from
offiee by a unanimous vote of Couneil.
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Section 2. Ballots for said election shall carry the following designation which
shall be the submission clause:
QUESTION NO .
Shall the Home Rule Charter of the City of Englewood Section 32 -Powers
Expressly Withheld From Council of Article III; be amended to eliminate
the language requiring the impossibility of a unanimous vote of Council
for removal of a Council Member and leaving the recall procedure as a
remedy for violations of Section 32?
YES NO
Section 3. Each elector voting at said election and desirous of voting shall indicate
his choice by depressing the appropriate counter of the voting machine or by the
appropriate marking upon paper ballots where used.
Section 4. The proper officials of the City of Englewood shall give notice of said
general 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 5 . Only ifthe question is approved by the registered electors of the City of
Englewood shall the Article be amended and the Charter, as amended, certified to the
Secretary of State.
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 7th day of July, 1997.
Published as a Bill for an Ordinance on the 10th day of July, 1997 .
Read by title and passed on final reading on the 21st day of July, 1997 .
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Published by title as Ordinance No.~Series of 1997, on the 24th day of July,
1997 .
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I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby
certify that the above and foregoing is a true cop~ c?f. the Ordinance passed on final
reading and published by title as Ordinance No.®_, Series of 997 .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
July7, 1997 Amending the Englewood Home
11 a ii Rule Charter Section 32
Regarding Powers Expressly
Withheld From Council
Initiated By Staff Source
Citizen Committee Dan Brotzman
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Englewood City Council has discussed this issue at several Study Sessions .
RECOMMENDED ACTION
Passage of this Ordinance would submit to a vote of the registered voters of the City of Englewood a ballot
question amending Article III, Section 32 of the Englewood Home Rule Charter pertaining to the Powers
Expressly Withheld from Council.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIF'IED
The Englewood Home Rule Charter Article III, Section 32 , currently provides for removal from office by a
unanimous vote of Council. Article V, Section 37, prohibits Council Members from voting upon matters
involving the consideration of his own official conduct or when his personal or financial interest is
involved. The proposed Ordinance would eliminate the language regarding removal by a unanimous
vote of Council and allow citizen recall of a Council Member but would prohibit Council removal of a
Council Member .
LIST OF A'ITACHMENTS
Bill for an Ordinance