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HomeMy WebLinkAbout1979-10-04 EC MEMO' ,. City of Englewood October 4, 1979 Dear Petitioner: 3400 S. Elati Street Englewood , Colorado 80110 Phone (303) 761-1140 In accordance with 31-4-503 (2), Colorado Revised Statutes, 1973, as amended, the findings of fact, conclusion, and de- cision of the protest hearing on September 20, 1979, on the Vern Mann petitions are enclosed. Also, enclosed is the certificate of sufficiency of the petitions which was pre- sented to the Englewood City Council on October 2, 1979. C~rjially, / i~/f)?i-i J'l .c .. -· John R. owr Ac~i~g--],. ec r of Finance/ Acting ¢x ficio City Clerk-Treasurer ' /jlw enclosure CERTIFICATE OF SUFFICIENCY TO MAYOR AND 1'1EMBERS OF CITY COUNCIL ,CITY OF ENGLEWOOD, STATE OF COLORADO STATE OF COLORADO ) ) ) SS. COUNTY OF ARAPAHOE I, WILLIAM D. JAMES, Director of Finance, Ex Officio City Clerk-Treasurer, hereby certify that I have examined the signatures on the Petition for the Recall of Vern Mann, Councilman At Large, and they appear to be signed by 595 of which 572 have been verified and which is above the requisite number of 453 signers who are qualified electors. I, WILLIAM D. JAMES, Director of Finance, Ex Officio City Clerk-Treasurer, hereby certify that a protest was filed in this office to said Petition within fifteen (15) days after August 31, 1979, and that the Election Co 1mni ssion, and I, William D. James, have held a hearint; on the protest of the Petition on the Recall of Vern Mann, Councilman At Large, and that pursuant to C.R.S. 1973, 31-4-503 (4) and Article IV, Sect i on 34, of the City Charter, the undersigned hereby certifies the sufficiency of said Petition for Recall and sets the <late for said Reca ll Election to be November 6, 1979. Dated at En ~lewood, Colorado, September 21, 1979. William D. J~ I J ENGLEWOOD ELECTION COMMISSION HEARING COUNTY OF ARAPAHOE STATE OF COLORADO RE: PROTEST OF PETITION REGARDING RECALL OF VERN MANN, COUNCIL- MAN AT LARGE ) ) ) ) FINDINGS OF FACT, CONCLUSION, AND DECISION The Election Commission of the City of Englewood, County of Ara~ahoe, State of Colorado, held a hearing on September 20, 1979, in regard to the protest of the petition for recall of Vern Mann, Councilman at large, and thereby adopted and approved the following findings of fact, conclusion and decision regarding the matter: FINDINGS OF FACT : a) that the petitions for recall of Vern Mann were filed on August 31, 1979; b) that a protest of said petitions was filed on September 4, 1979, by Audrey Scott; c) that a notice of hearing on the protest was sent by certi- fied mail on September 15, 1979, by William James; d) that petitions have been reviewed by the members of the Commission; e) that there are 595 si5natures on said petitions; f) that the records of the Election Commission show that 1,811 - votes were cast for councilman at large at the last General Municipal Election on the 8th of November, 1977; g) that the reason set forth in the petition is: "because he had failed to exercise proper discretion in the p erformance of his duties, and has failed to adequately and prop.erly represent the will and best interest of the citizens of En&lewo od."; , - 2 - h) that each signer has set forth his or her residence and date of signature; i) that each petition has attached an affidavit duly notarized. CONCLUSION: a) that 453 signatures of qualified ·electors are necessary for the recall of councilman at large; b) that the petitions for recall are in proper order and meet the requirements of Colorado law; c) that the reason and grounds for recall are acceptable and sufficient to meet the requirements of Colorado law to commence a recall election. DECISION: 1) the petitions are sufficient; 2) the petitions are in order; 3) to deny the protest of Audrey Scott. ADOPTED AND APPROVED this 20th day of September, 1979. ENGLEWOOD ELECTION COMMISSION (/ ----~. ,-~~ William D. Jam7s