HomeMy WebLinkAbout2024 Ordinance No. 007
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BY AUTHORITY
ORDINANCE NO. 7 COUNCIL BILL NO. 1
SERIES OF 2024 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AUTHORING REIMBURSEMENT OF CERTAIN RECALL
ELECTION COSTS INCURRED BY INCUMBENT WHO WAS NOT
RECALLED, PURSUANT TO C.R.S. § 31-4-504.5.
WHEREAS, on the 16th day of June, 2023, a petition was filed with the Englewood
City Clerk, requiring a recall election of Mayor Othoniel Sierra; and
WHEREAS, on the 3rd day of October, 2023, the City held such recall election;
and
WHEREAS, on the 10th day of October, 2023, the City of Englewood Election
Judges certified the recall election results, and Mayor Othoniel Sierra was not recalled; and
WHEREAS, C.R.S. § 31-4-504.5(1) states “If at any recall election the
incumbent whose recall is sought is not recalled … the municipality may repay the
incumbent for any money actually expended...”; and
WHEREAS, C.R.S. § 31-4-504.5(2)(a) authorizes reimbursement of expenses,
including but not limited to “moneys spent in … in presenting to the voters the official
position of the incumbent, to include campaign literature and advertising and the
maintaining of a campaign headquarters”; and
WHEREAS, C.R.S. § 31-4-504.5(3) requires the incumbent recall candidate to
“file a complete and detailed request for reimbursement with the governing body of the
municipality … which shall then review the reimbursement request for appropriateness
… and, in the event the municipality has determined by ordinance to repay such
expenses, such municipality shall repay such expenses within forty-five days of receipt of
the request”; and
WHEREAS, Mayor Othoniel Sierra submitted a request for reimbursement to the
City Attorney’s Office on the 20th day of December, 2023; and
WHEREAS, the City Attorney’s Office has reviewed the submittal and
supporting invoices, and determined the expenses are reimbursable under C.R.S. § 31-4-
504.5.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
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Section 1. Pursuant to C.R.S. § 31-4-504.5, the City Council of Englewood,
Colorado, hereby authorizes reimbursement of $2,844.09 to Mayor Othoniel Sierra for
recoverable expenses incurred regarding the October 3, 2023 unsuccessful recall election.
Section 2. The following general provisions and findings are applicable to the
interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate
the remainder of this Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the
Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall be
treated and held as still remaining in force for the purposes of sustaining any and all proper
actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture,
or liability, as well as for the purpose of sustaining any judgment, decree, or order which
can or may be rendered, entered, or made in such actions, suits, proceedings, or
prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it
is promulgated for the health, safety, and welfare of the public, and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be by reference or in full in the
City’s official newspaper, the City’s official website, or both. Publication shall be effective
upon the first publication by either authorized method. Manuals, Municipal Code,
contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem
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is hereby authorized to execute the above-referenced documents. The execution of any
documents by said officials shall be conclusive evidence of the approval by the City of
such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal
Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced and passed on first reading on the 15th day of January, 2024; and on second
reading, in identical form to the first reading, on the 19th day of February, 2024.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of an Ordinance, introduced and passed in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
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