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HomeMy WebLinkAbout2024 Resolution No. 025RESOLUTION NO. 25 SERIES OF 2024 A RESOLUTION SETTING THE BALLOT TITLE FOR A CITIZEN-INIITIATED HOME RULE CHARTER AMENDMENT REGARDING APPOINTMENT OF CITY COUNCIL VACANCIES. 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 an amended process for filling vacancies on City Council by appointment; and WHEREAS, currently the remaining members of City Council fill vacancies by majority vote until the next municipal general election; and WHEREAS, on August 7, 2024, petitions were filed with the Englewood City Clerk to place a Charter amendment question on the November 5, 2024 election ballot, to require at least 75 percent of remaining Council Members to appoint a vacancy within 30 days, and if it is unable to do so, then to hold a special election if more than six months until the next municipal general election; 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 Docusign Envelope ID: D999EA84-B0EB-42D8-B25D-DBB6C5A0218A any other measure that will appear on the municipal ballot in the same election”; and (d) “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 Increasing the Number of City Council Votes to Fill a Council Vacancy, Requiring Election if Vacant over 30 Days To guarantee a broader community consensus for appointments of vacated positions on City Council and to protect the interests of Englewood voters, shall there be an amendment to the City Charter Section 28 requiring a supermajority vote of no less than 75% of the remaining Council Members for the appointment of a vacated position, and if a vote cannot be reached within 30 days, and the vacancy occurs greater than 6 months from any general municipal election, such vacancy shall be referred to a special election for the respective unexpired term, otherwise the position will be held vacant until the next general municipal election? 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. Docusign Envelope ID: D999EA84-B0EB-42D8-B25D-DBB6C5A0218A 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. 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. 25, Series of 2024. __________________________ Stephanie Carlile Docusign Envelope ID: D999EA84-B0EB-42D8-B25D-DBB6C5A0218A