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Home My WebLink About1999 Ordinance No. 050• • • ORDINANCE No.$0 SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE XV , SECTIONS 137:2 (i) AND 138:3 (a) OF THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD . WHEREAS , Brandon Bole , Michelle Smith and Charles Butler have submitted an initiative petition; and WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this matter be forwarded to the Englewood City Council after the City Clerk certifies the validity and sufficiency of such initiative petition; and WHEREAS , the Englewood City Clerk has certified the validity and sufficiency of the initiative petition; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Se ction 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 2 , 1999 , a proposed amendment to the Charter of the City of Englewood, as follows: Question No. Shall Article XV , Sections 137 :2(i) and 138 :3 (a) of the Home Rule Charter of the City of Englewood be amended as follows: 137 :2 (i). "Supervisor". An individual having the authority, consistent with other provisions of this Article , in the interest of the employer to hire , fire , transfer, suspend, lay-off, recall , promote , discharge , assign, reward, discipline or evaluate other employees , or to adjust their grievances, or effectively to recommend any of the foregoing if, in connection with the foregoing , the exercise of such authority is not of a merely routine or clerical nature, but, rather, requires the use of independent judgment, provided, however, that individuals holding the position of lieutenant, or a functionally equivalent position, in the fire department shall not be considered supervisors as defined or used in this article , regardless of their duties or authority . -1- 10 b v 138:3 (a). The City Council shall appoint hearing officers who shall have demonstrable ability in labor and employee relations to hold hearings and make findings and determinations with respect to the following: disciplinary appeals , merit appeals and issues related to selection and retention of exclusive employee organizations and the determination of appropriate bargaining units . If a dispute exists over whether a person or position should be part of a bargaining unit, that dispute shall be resolved by a hearing officer , including all issues which can be raised over the application of§ 137 :2(1) and the person's or position's status as included or excluded from a bargaining unit shall remain unchanged until a hearing officer's decision . ___ Yes No Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 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 chime 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 4. Only if the 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 5. 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 16th day of August, 1999 . Published as a Bill for an Ordinance on the 20th day of August, 1999. Read by title and passed on final reading on the 7th day of September, 1999. -2- .. • • • • • • Published by title as Ordinance No . .5D, Series of 1999 , on the 10th day of September, 1999. I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No,.5Z), Series of 1999 . -3- • • • MEMORANDUM TO: Mayor Burns and City Council Members FROM: Loucrishia A. Ellis, City Clerk DATE: August 12 , 1999 SUBJECT: Charter Initiative Petition State of Colorado County of Arapahoe ) ) SS ) I, the undersigned, do hereby certify, pursuant to Colorado Revised Statutes §31- 2-210 (3), that the Charter Initiative Petition filed with the City Clerk's Office on June 21 , 1999 and July 26, 1999, has been reviewed a it has been determined to be valid and sufficient. cc: Gary Sears, City Manager Sue Eaton, Human Resources Director Dan Brotzman, City Attorney Frank Gryglewicz, Financial Services Director ft' (~~\ Prin ted on Rec ycled Paper, ~~1 MEMORANDUM TO: FROM: DATE: Lou Ellis , City Clerk /~'\ Dan Brotzman, City Attor•Y l;J August 12 , 1999 -, 'llj ..... REGARDING: Initiative Petition -Brandon Bole , Michelle Smith and Charles Butler. After conducting further research in the process of preparing a response in Brandon Bole . Michelle Smith and Charles Butler vs. Citv of Englewood and Loucrishia Ellis, it has come to my attention that the procedure to withdraw the petition rather than requiring an objection prior to withdrawal was the proper method of resolving this matter. Specifically under Montero vs . Mever, 795 P .2d, 242 (Colo. 1990), it has become clear that withdrawal and resubmission was the proper procedure under the majority opinion of the Colorado Supreme Court. While there are clearly equitable issues that can be argued on behalf of the City with regard to the Plaintiffs failure to file a simple letter of protest and while the City may justify that argument with the dissenting equitable opinion of Justice Quinn in the Montero case , it would be more appropriate to resolve this issue with the acceptance of the withdrawal of the petition and resubmission with a sufficient number of registered electors. I believe you were correct in your position that it would be inappropriate and improper for you to certify the original petition. You could not validate the sufficiency of the signatures once you had knowledge that there were insufficient registered electors to support the initiative petition. As you know the issue of the Clerk's role in reviewing initiative petitions will be addressed in the Colorado Legislature by the Colorado Municipal League in the next legislative session. CC: Mayor Burns DB/nf City Council Gary Sears Frank Gryglewicz Sue Eaton Chris Olson • • • P~i n t ed :in Recycled Paper.@ .. " • • • City of Englewood August 12, 1999 Brandon Bole 3992 South Grant Street Englewood, CO 80110 Melissa Bole 3992 South Grant Street Englewood, CO 80110 Charles Butler 4393 South Delaware Street Englewood, CO 80110 Sandra Butler 4393 South Delaware Street Englewood, CO 80110 Michele Smith 4573 South Bannock Street Englewood, CO 80110 Thomas B. Buescher, Esq. 1563 Gaylord Street Denver, CO 80206 John Weigel, EFF A President 3615 South Elati Street Englewood, CO 80110 RE : CHARTER INITIATIVE PETITION 3400 S . Eiati St ree t Eng lewciod , Colo rado 30110-23 04 Phone (303 ) 762-2300 (303) 762-2301 FAX (303) 789 -1125 After review of this process I am declaring the withdrawal and resubmission of the Charter Initiative Petition to be the proper procedure under the State Statutes and I am also declaring the Petition to be valid and sufficient. cc: Mayor Bums and City Council Members Gary Sears, City Manager Sue Eaton, Human Resources Director Chris Olson , Safety Services Director Dan Brotzman, City Attorney Frank Gryglewicz, Financial Services Director ~ PRINTIOON w llffY\LEll l'Al'ER -, A, • • • ' 0 COUNCIL COMMUNICATION Date August 16, 1999 INITIATED BY City Clerk's Office Agenda Item 11 a i COUNCIL GOAL AND PREVIOUS COUNCIL ACTION STAFF SOURCE Subject Proposed bill for an ordinance regarding submission to a vote of the registered electors of the City of Englewood a ballot question submitted by Charter Initiative. Loucrishia A. Ellis, City Clerk Dan Brotzman, City Attorney This bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question submitted by Charter Initiative. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance. As the Charter Initiative Petition submitted by Brandon Bole, Melissa Bole, Char1es Butler, Sandra Butler and Michele Smith has been declared valid and sufficient, and the City Clerk has certified those results to City Council, the City Clerk must certify the proposed ballot question to the Arapahoe County Clerk and Recorder. FINANCIAL IMPACT The proposed ballot question will be placed on the ballot at the City's November 2, 1999 General Municipal Election. The cost of this additional ballot question would include costs associated with an additional publication requirement and reprinting of the Charter, if the issue passes. Funds are available in the existing City Clerk's budget. LIST OF ATTACHMENTS Proposed bill for an ordinance Memo to Mayor Bums and City Council, dated August 12, 1999, certifying the validity and sufficiency of the Petitions. Memo from Dan Brotzman Answer to complaint filed in District Court