HomeMy WebLinkAbout1996 Resolution No. 078RESOLUTION i''O . !JL
SERIES OF 19!!6
A RESOLUTION SETIING A RECALL ELECTION BY MAU, BALLOT WITHIN THE
CITY OF ENGLEWOOD, COLORADO .
WHEREAS, petitions for the recall of Council Member Rita L. Hatho•vay were
circulated, a sufficient numbe r of signatures obtained, and said petitions were filed with
the City Clerk's Office oft e City of Englewood , Colorado, on August 16, 1996; and
WHEREAS, on September 3, 1996 a Notice of Protest of Recall Petition wns filed with the
City Clerk's office by Rita L. Hathaway; and
WHEREAS, cured petitions were then filed with the City Clo1k's office on Sep\omber 4,
1996 <1nd were deemed sufficient ou September 5, 1996 by the City Cieri.; and
WHEREAS, a Protest Hearing was held to determine the sufficiency or insufficiency of
the recall ,;,etitions on S,,ptember 12, 1996, and a written Determir.ation was made on
September 17, 1996 by the City Clerk that the ~ titions were in fa 1.t sufficient; ond
\7HEREAS, the Election Commission of the City of Englewood agrees that it would be in
the best interest of the electors of Englewood to conduct the recnll electic~ through mail
ballot procedures; and
WHEREAS, in accordance with the Englewood Charter, the re,,aU election may be held
becween Decemher 21 , 1996 and February 3, 1997 ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The recall election for Council Member Rita L. Hathaway shall be set for
January 14, 1997.
~-The ,-ecall election shall be held by mail ballot procedures and conducted in
accordance with the Colorado Muni ci pal Election Code of 1965 and th e
Uniform Election Code of 1992 Article 7.5 (Mail BaUot El ections ).
~-Parago n Systems Group shall be selected to facilita te the mail ball ot
electio n.
ADOPTED AND APPROVED this 7th day of October, 1996 .
~
T'f . , -d {/1
~tyClerk
.~t. Mayor Pro Tern
I. Lou cri shia A. Elli s, City Clerk fo,r...tli.• City of Engl ewood, Col n , hereby certify the
above is a true co py of Resoluti on No.' /..I., Series of 1996 . -.
COUNCIL COMMUNICATION
Om Agendl 11am 8ut<jKt
October 7, 111\le 11 a v1 Recall Election
INITIATED BY STAFF SOURCE
City Ciel1<'s office/Elecilon Comm'.ssion Loua1shl1 A. Elffs , City Ciel1</Eledlon Commission
Member
Cl)IJNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of E,glewood partlclpaled wftll Arapahoe County In condudlng mail bal1ot elections In 1993 Ind 1995.
RfiCOMMENDED ACTION
By r.'SOlution 581 Tuesday, January 14, 1997, as the date for the recall election Ind designate that the eledion be
condutled by mau bllllol in accordlnce with the Colorado Municipal Election Code of 11185 and 1he Uniform
Election Code of 1t112 Article 7 .5 (Mail Ballot Electlons). In ICCOl'Clance wllll the Englewood Charter the recall
election can be held between December 21, 1tlll8 and February 3, 1997 . After taking Into consideration legal
holidays and council meetings I am recommending 1h11 Council set the election for Tuesday, January 14 , 1997 ,
The Election Commission agrees that It is In the best ln1erest of the electors of Englewood to conduct the recall
election through the mail ballot procedures . Paragon Systems Group has 1he ability to facllltate 1he mall ballot
election .
FINANCUU. IMPACT
$20 ,000 has been set aside for elections In ;I.he 1997 Budget.
If Cou11 ci t Member Hathaway is recalled by a majority vote , the office Is deemed vacant and shall be filled at an
election ca:!ed by Council not less than tlO ~,ys nor more than 120 days afler1he necall election . Addltionally ,
Englewood'• Jenera! municipal election Is scheduled for Novembe r 4, 1997 .
Estimated cost of the Recall Election is $10,000 . If election cos1s for 1997 exceed the budge1ed amou r •, Council
will be asked 10 approve a supplement.
LIST OF ATTACHMENTS
Certificate of Sufficiency
Proposed resolut ion
State of Colorado
County of Arapahoe
City of Englewood
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CERTIFICATE OF SUFACIENCY
I, Louaishia A. Ellis, City Clerk of the City of Er glewood, Colorado , pursuant to Cclorado
State Statutes 31-4-503 (4), do hereby certify as follows :
A. Petitions were circulated to recall Rita Hathaway from the Office of City of Englewood
Council Member District I.
B. For recall the petition must be signed by registered electors, who would be entitled to
vote for a successor of the incumbent sought to be recalled , numbering at least 25% of the
registered electors voting for all the candidates for the elected officer's respective office in the
last pre-ceding general municipal election . Therefore , 319 signatures were required .
C. Recall petitions were filed with the City Clerk's office August 16, 1996. It was
determined that they were insufficient . The Recall Committee was given the opportunity to
cure the petitions per State Statute 31-4-503 (3) (c).
D. On September 3, 1996 .i Notice of Protest of Recall Petition was f,led with the City
Clerk's office by Rita L. Hathaway.
E. On September 4, 1996 curod petitions were filed with the City Clerk 's offi :e and on
September 5, 1996 the cured recall petitions were deemed sufficient at that tir:•? Yhe City
Clerk 's office determ ined that there were 332 valid signatures .
F. On September 12 , 1996 a Protest Hea ring was held to determine the sufficiency or
insufficiency of recall petitions filed with the City Cl9rk's office .
G. On September 17 , 1996 the written Determination was made that the petitions ~,a re
sufficient.
In witness whereof, I t>ave hereto affixed my signature and the official Seai .,r t!'>e City of
Englewood this 1st day of October, 1996 .
SEAL
Loucrishia A. Ell is, City Ci.,;,