HomeMy WebLinkAbout2024 Resolution No. 024RESOLUTION NO. 24
SERIES OF 2024
A RESOLUTION SETTING THE BALLOT TITLE FOR A
CITIZEN-INIITIATED HOME RULE CHARTER AMENDMENT
REGARDING THE DIRECT ELECTION OF ENGLEWOOD
MAYOR.
WHEREAS, pursuant to Sections 8 and 14 of the City of Englewood Home Rule
Charter (the “Charter”), proposed amendments to the Charter may be submitted to the
electors through petitioning City Council at regular or special municipal elections in
accordance with Article XX of the Colorado Constitution; and
WHEREAS, Article XX, Section 5, of the Colorado Constitution recognizes the
right of the people to petition City Council for a charter amendment, to be submitted to a
vote of qualified elections at the next general election if the petition is signed by the
requisite number of qualified electors; and
WHEREAS, pursuant to Colo. Rev. Stat. § 31-2-210(1)(a), proceedings to amend
a home rule charter may be initiated by filing a statement of intent to circulate a petition;
and
WHEREAS, on the 10th day of June, a statement of intent was filed by Cathy
Naughton, Sandy Kettlehut, Jan Weipert, Mike Jones, and Matt Crabtree regarding a
Charter amendment to provide for the direct election of the Mayor; and
WHEREAS, currently the Mayor is elected as a City Council Member, and the
elected City Council Members then choose the Mayor; and
WHEREAS, on August 7, 2024, petitions were filed with the Englewood City
Clerk to place this Charter amendment question on the November 5, 2024 election ballot;
and
WHEREAS, on August 27, 2024, the City Clerk’s office certified to City Council
the validity and sufficiency of the petitions submitted; and
WHEREAS, pursuant to Colo. Rev. Stat. § 31-2-210(1)(a), City Council’s sole
role after receiving certification of the petition is to set a ballot title for the proposed
amendment at its next meeting after petition certification, or on September 3, 2024; and
WHEREAS, Colo. Rev. Stat. § 31-11-111(3) provides the statutory
considerations for City Council in setting the ballot title, providing that Council (a) “shall
consider public confusion that might be caused by misleading titles”; (b) “shall,
whenever practicable, avoid titles for which the general understanding of the effect of a
“yes” or “no” vote would be unclear”; (c) “shall not conflict with those titles selected for
any other measure that will appear on the municipal ballot in the same election”; and (d)
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“shall correctly and fairly express the true intent and meaning of the measure”; and
WHEREAS, while the City of Englewood historically sets ballot questions by
ordinance, an ordinance is not appropriate for this measure to set a ballot title, given (a)
neither Colo. Rev. Stat. § 31-2-210 nor Englewood Charter or Municipal Code require
adoption of an ordinance to set a citizen-initiated charter amendment ballot title, (b) in
order to meet the deadline for ballot certification, the City is unable to follow the required
Procedure for Passage of an ordinance set by Charter 40, and (c) setting a ballot title does
not meet the criteria for an Emergency Ordinance under Charter 41.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The following ballot question regarding a proposed amendment to
the Charter shall be submitted to the registered electors of the City at the election held on
Tuesday, November 5, 2024:
Ballot Question No. ___
Charter Amendment to Directly Elect the Mayor
In order to provide Englewood voters the opportunity to directly elect the
mayoral position on City Council, shall there be an amendment to Englewood
City Charter Sections 19 and 24 requiring the Mayor to be elected by the voters,
beginning with the general municipal election in November 2025, thereby
replacing the third at-large Council position expiring in 2025?
Yes/For the Measure ____ No/Against the Measure ____
Section 2. Any City of Englewood registered elector desiring to protest the
proposed ballot title and/or submission clause for this initiated measure may file a
written protest in the office of the City Clerk. In order to attempt to meet the November
2024 Arapahoe County Coordinated Election ballot certification deadline, said notice of
protest shall be filed no later than 5:00 p.m. on the day immediately following the date
of adoption of this Resolution. The notice of protest shall set forth with particularity
the grounds of the protest. Such protest shall be heard, considered, and resolved by the
City Council as soon as practicable. No ballot title and/or submission clause shall be
certified on a ballot until after resolution of the protest. This protest procedure is set by
Resolution in accordance with Colo. Rev. Stat. § 31-11-111, given the protest procedure
established by EMC § 1-8-8 does not apply to ballot titles set by Resolution.
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 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.
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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 Resolution is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not
affect any of the remaining portions of this Resolution.
ADOPTED AND APPROVED this 3RD day of September, 2024.
Othoniel Sierra, Mayor
Attest:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify
the above is a true copy of Resolution No. 24, Series of 2024.
__________________________
Stephanie Carlile
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