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HomeMy WebLinkAbout1981-02-24 EC MINUTESENGLEWOOD ELECTION COMMISSION February 24, 1981 The meeting was called to order at 4:30 p.m. Present: Absent: Also present: Patterson, Hall, Higbee None Johannisson, Revenue Chief Watkins, Recording Secretary * * * * * MEMBER PATTERSON MOVED, MEMBER HALL SECONDED, TO CERTIFY JANET KERZIC AS CANDIDATE FOR THE CAREER SERVICE BOARD. Ayes: Nays: Abstain: Absent: Motion carried. Patterson, Hall, Higbee None None None The Career Service Board Election March 10, 1981 was discussed. Mr. Johannisson noted there was a possibility of a write-in candidate. He has asked for a legal opinion which has not been received as yet. * * * * * Discussion ensued regarding the Special Election March 24, 1981. The Commission reviewed the Election Calendar, election day procedures, and policy for absentee votes. The judges list should be ready to certify next week. It was agreed that each judge will be paid $50.00 (which is the same as the County), with three judges at each polling place. * * * * * MEMBER HIGBEE MOVED, MEMBER PATTERSON SECONDED, TO CONTINUE TO USE THE POLICY ADOPTED OCTOBER 3, 1979. Ayes: Nays: Abstain: Absent: Motion carried. Patterson, Hall, Higbee None None None * * * * * MEMBER HIGBEE MOVED, MEMBER HALL SECONDED, TO CERTIFY THE POLLING PLACES AS ASSIGNED. Ayes: Patterson, Hall, Higbee Nays: None Abstain: None Absent: None Motion carried. * * * * * The Commission reviewed the ballot Charter questions . The meeting adjourned at 5:00 p.m. Janice Watkins Recording Secretary * * * * * ---I Io c?--;{r/tf 1 -'/:3o v/YY)· ~cL -!lic.Lm 6~ JJU.J_,,J; a~'JL) ~ ~ at<UJ : t~ f J vJ <RL ~~r~~~~ c,/I (J)l ~ "" ~ f ck "'". ~ ~ ~)r o(~'tffi~ -~nu~~ - --~-~~1 ~ ~()_/lJ--~ . NeV ~ ~ ,, ~fu~ ~ ~ir-.... - J December 24, 1980 January 2, 1981 February 16' 1981 February 16' 1981 February 20, 1981 February 23, 1981 February 23, 1981 February 23, 1981 March 6, 1981 March 9, 1981 March 13, 1981 March 19' 1981 ELECTION CALENDAR -March 24, 1981 Absent voter applications may be received from this date (90 days) Order election supplies; notify County Clerk by letter of number of machines needed for election; request list of registered voters to be paid for by Englewood Send letters to prospective judges and alternates Select polling places and notify of selection Last day to register to vote, change address, etc.; Keep City Hall open until 7:00 P.M.; Notify paper Voter registrations to Arapahoe County -hand carry to County Clerk Prepare list of polling places; notify machine movers of addresses Order voting machine strips, sample ballots and absentee ballots (Hoekels) Publish notice of election in Sentinel, March 11, 1981: Send notice to Sentinel Finalize list of judges and alternates Appoint judges of election and alternates Post polling places with 11 Notice of Election 11 Call polling places to remind them to have polling places open by 6:00 A.M. on election day; voting machines will be delivered on March 20th or March 23rd . March 20, 1981 Last day to apply for absentee voter ballots; prepare judges packets; meeting with judges and alternates; deliver election supplies to judges. March 24, 1981 Election Day March 26, 1981 Send letter of thanks and checks to judges and polling places April 1, 1981 Publish Certificate of Determination in Sentinel and file copy with Secretary of State Note: Deliver voting machine strips to Arapahoe County irrmediately upon receipt Pick up lists of Englewood registered voters from Arapahoe County Clerk as soon as ready POLICY ADOPTED BY THE ENGLEWOOD ELECTION COMMISSION -OCTOBER 3, 1979 Absentee Voter Request Procedure l. All requests for absentee voter ballots must be received in writing: A. Form provided by the City Clerk B. A letter or postcard stating: -Name of requestor -Residence address -Reason for absence -Address where ballot should mailed 2. The City Clerk's office will receive written requests from one family member for another family member. This will be limited to parents requesting for children, children requesting for parents, and a spouse requesting for the other spouse. 3. Oral or telephone requests will not be honored. Persons will be informed of the written requirement. A form will be sent to any person upon oral or telephone request. POLLING PLACES Precinct DISTRICT 1 Precinct 1 Precinct 2 Precinct 3 Precinct 4 DISTRICT 2 Precinct 5 Precinct 6 Precinct 7 Precinct 8 DISTRICT 3 Precinct 9 Preci net 10 Preci net 11 Precinct 12 DISTRICT 4 Precinct 13 Precinct 14 Precinct 15 Precinct 16 Polling Place Ralph Schamp Oldsmobile 2949 S. Broadway Simon Center (Sr. Citizens Apts.) 3333 S .. Lincoln City Hall 3400 S. El ati Maddox School 700 W. Mansfield Washington School 3185 S. Washington Charles Hay School 3195 S. Lafayette Charles Hay School 3195 S. Lafayette Conservative Baptist Seminary 3401 S. University Lowell School 3784 S. Logan Fire House 590 E. Quincy Cherrelyn School 4550 S. Lincoln Duncan School 4800 S. Pennsylvania Dist. #1 Administration Bldg. 4101 S. Bannock Clayton School 4600 S. Fox Sinclair Jr. High 300 W. Chenango Centennial Lutheran Church 3595 W. Belleview FOR CITY OF ENGLEWOOD, COLORADO SPECIAL ELECTION MARCH 24, 1981 AMENDMENT NO. 1 AGAINST Shall the Home Rule Charter of the City of Englewood, Colorado, Article XV, be repealed and readopted to provide the following amend- ment: ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM --1981 · AMENDMENT -To Article XV of the Charter of tfie City of Englewood concerning: 1. The Career Service System and collective bargaining rights for certain City employees; 2. Prohibiting City employees and employee organizations from engaging in any strike; 3. Providing a Career Service Board to ad-· minister and/or hear and determine certain Career Service System and Labor Relations matters and disputes; 4. Providing certain Career Service System and Labor Relations definitions; 5. Providing the right of certain City employees to bargain collectively through certified em- ployee organizations of their own choosing con- cerning wages, hours, vacations, holidays, and certain other terms and conditions of employment and excluding certain subjects from collective bargaining; · 6. Providing a method for resolving impasses in such bargaining, including submission for fact finding to the Career Service Board and submission to the qualified electors of the City for vote on certain unresolved issues; 7. Providing certain factors and procedures for determining appropriate units for the purpose of collective bargaining; 8. Providing a Career Service System applicable to certain City employees and embodying certain merit principles. . -2- 9. Giving the full time classified employee who is not a confidential employee, a managerial em- ployee or a supervisor, the free ·choice of form- ing, joining, supporting or participating in an employee organization. This amendment would repeal the 1972 article concerning Engle- wood Employee Relations and Career Service Systems Ast and adopt in its place a new article. This proposed article would: --Remove the administration of personnel from the Career Ser- vice Board. All matters involving classification, reclassifica- tion, recruitment, hiring, examination and promotions out of the bargaining unit would be handled administratively. The Career Service Board would hear grievances and appeals of full- time permanent classified employees only. Supervisors, confi- dential, and managerial employees would not present grievances to the Board for other than disciplinary actions or merit appeals. --Any bargaining unit recognized by the Career Service Board would represent only full-time classified employees as defined in the articles of this Chapter. All employees in the City Manager's office and in the City Attorney's office, all Depart- ment Heads and their confidential secretaries, managerial and supervisory employees, and any part-time, temporary or contractual employee would be excluded from participation in the bargaining unit. Strikes would be prohibited as a means of settling disputes. In the event of a disagreement between the City and the employee organization over the findings and recormnendations of the Career Service Board, the City Council would be required to call a -3- special election and submit the final offers of the City, the employees organization, and the Career Service Board recommenda- tion for vote by the qualified electorate of the City. --Negotiations would commence on May 15th of any applicable year. The agreement would be for a term of not less than one year nor more than three years, and would become effective on a January 1 date and terminate on a December 31 date. --Subjects prohibited from negotiations would be any subject "pre-empted" by the City Charter,· state or federal law, federal or state pension provisions, selection of insurance carrier and all matters invo~ving classification, reclassification, recruitment, hiring, examination, certification and promotions out of the bargaining unit. --Mandatory subjects for negotiation would be wages, hours, vacation, insurance as pertaining to the contribution levels and levels of benefits, holidays, administrative leave, personal leave, military leave, disability leave, funeral leave, dues deduction, grievance resolution procedure (including associated costs and expenses), contribution levels of pension or retire- ment provisions, overtime pay formulation, work uniform pro- vi~ions, acting pay, longevity, transfer procedure, procedure for suspension, demotion, and discharge, and education in- . centives. Maintenance of benefits would be considered a mandatory bargaining subject to cover a three-year period up to December ~l, 1984. -4- --Collective bargaining upon any other subject than those mentioned above would be permissive and could be conducted if mutually agreed upon. FOR AMENDMENT NO~ 2 AGAINST Amending the Charter of the City of Englewood relating to Article IX, Section 76, "Right of Eminent Domain," allowing City Council to deter- mine by resolution property necessary for public use, allowing the taking of property that is currently in public use and providing that the manner of exercising eminent domain shall be in accordance with general law. This is a housekeeping measure which would clarify the City powers of eminent domain. The present Charter provision states very simply that"the City shall have the Right of Eminent Domain as provided by the Statutes of the State of Colorado". With this wording, it is n ·ot clear whether the intent is that the Statutes grant the authority for eminent domain or set forth the procedure to be used. The proposed amendment would not grant additional authority to the City. This amendment would clarify the matter by establishing that the City Council does have the authority to exercise the powers of Eminent Domain* and that the City Council can c~ndemn designated property if it is determined that that property is required for public use. The procedure to be used in exercising Eminent Domain would then be as pro,vided by general law.-;'<* . * Eminent Domain: The taking of private property for public use. •b',The term "General Law" refers to the applicable sections of the Colorado Revised Sta.tutes, 1973, as amended, the State Constitution and the Englewood Home Rule Charter. FOR AMENDMENT NO. 3 AGAINST Shall the Home Rule Charter be amended to in- crease from $1,000 to $5,000 the requirement for competitive bidding on capital improvement projects and require negotiated contracts to .be approved by Council Resolution amending Section 116 of Article X? Section 116 of the Charter requires that s~aled bids must be received for any Capital Improvement project in excess of $1,000. The value of the dollar when the Home Rule Charter was adopted in 1958 and the $1,000 limit was established, was $1.155. The value of the dollar in 1967 was $1.00. The value of the dollar in April of 1980, was $0.412.* With the inflation rate that we have had and are experiencing, the City has found that this figure is extremely restrictive and that the Capital Improvement projects could .be expedited if the ceiling were increased to $5,000. This amendment would also permit the City Council .to approve any negotiated contract by Resolution rather than by Ordinance. The time necessary to. adopt an Ordinance can be anywhere from three to four months because of publication and procedural requirements. On the other hand, the City Council can con- sider and pass a Resolution at one meeting. Because of the ·k Source: Memorandum dated July 22, · 1980, from John Lowry, Assistant Director of Finance, to Gary R. Higbee, Director of Finance. -2- difference in the timing of these two procedures, cost savings can often be realized, not only because of rising costs, but because of the availability of products and services. FOR AMENDMENT NO. 4. Shall the Home Rule Charter be amended to in- crease from $1,000 to $2,500 the requirement AGAI NST for competitive bidding for purchase of supplies, materials, or equipment, amending Section 113 of Article X? Amendment No. 4, as does Amendment No. 3, addresses the matter of inflation and would not require competitive bids to be sought for any purchase of supplies, materials or equipment under $2,500.00. FOR AMENDMENT NO. 5 AGAINST Shall the Home Rule Charter be amended to change qualifications for Council to allow Council members to remain Council members and hold other public office that is not connected with any municipality amending Section 23 of Article III? This amendment would permit Engle~ood City Council members to hold other elected offices, except other municipal offices. The measure would provide for local representation on other elected bodies such as a Metro Council .. This change will allow our Council persons to run for such offices. In the recent election to select persons to serve on the pro- posed Metro Council, the names of members of the Englewood City Council could not appear on the ballot because Section 23 of Article III of the Home Rule ·charter states that: "No elected City official shall hold any other elective public office ..... " The question of the Metropolitan Council was defeated last November, but the issue has been raised before and undoubtedly will be again. Because of this Charter provision, the City of Englewood could be placed in the position of not being directly represented on a body such as the proposed Metropolitan Council, and matters not to their best interests could be imposed upon the Engle-. wood citizens. With this Charter amendment, members of the City Council would be able to better serve the citizens by assuming an elective position in a situation similar to . that cited above. FOR AMENDMENT NO. 6 AGAINST Shall the Home Rule Charter election provisions be amended to . provide: That a recall election shall be held not less than 60 days nor more than 120 days after filing a recall petition, providing that in the case of a municipal ~lection, the recall election shall generally be held in conjunction there- with and, in the case of state election, the recall election shall generally be held there- after, that in the event. of a recall, an election shall be held thereafter to determine a successor, amending Section 34, Article IV? Amendment No. 6 would clarify the procedure to be followed in the event the recall of a member of the Englewood City Council were to be sought. Specifically, the amendment would: 1. Require that the elected officer for whom the recall is sought to have held office for at least six (6) months before th~ recall process could be undertaken. 2. Require that a petition for recall must contain an affidavit stating the reason for recall. 3. Permit the person for whom the recall is sought to have a statement on the recall petition in defense of the charges made against him. 4. Set forth the procedure for circulating, signing and filing a recall petition; and 5. Require a recall election to be held in conjunction with a -2- General Municipal Election or Special Municipal Election if such election were scheduled to be held between 60 and 120 days after the recall petition is authorized by the City Clerk. 6. The amendment would also provide that in the event a general State election were to be held within the 60th to 120th day after the recall petition was filed, the recall election would be held on the 46th to 90th day after said general State election. 7. If there were no general or special municipal or general State election scheduled within the specified time period following the filing of the recall petition, the City Council must set a date for a recall election to be held not less than sixty (60) nor more than one hundred twenty (120) days after the -petition is filed. 8. Should the officer be recalled, there shall then be an election to fill the vacancy. FOR AMENDMENT NO. 7 AGAINST Shall the Home Rule Charter for the City of Englewood be amended to allow the nonconspicuous identification of City vehicles with annual notification to City Council of such identifica- tion · amending Section 115 of · Artic·le X? This Charter amendment woul~ make .. it poss~ble in certain instances for designated automobiles, trucks and movable road and street machinery to be identified in a non-conspicuous manner. The identification in these instances would be by the installation of a small plate on the door jamb carrying the City's vehicle unit number. Each year, the City Manager would inform the City Council as to which vehicles had been identified in this nonconspicuous manner. All other City automobiles, trucks and movable road and street machinery would be identified in a conspicuous manner. This amendment would clarify the position of the Police Depart- ment while using vehicles in undercover work in those situations in which a conspicuous identification on the vehicle would hamper the Police investigation. FOR AMENDMENT NO. 8 AGAINST Shall the Home Rule Charter election provisions be amended to provide: ·l. Increasing Election Commission membership from three (3) members to five (5) members, amending Section 11, Article II: 2. That petition forms may be circulated 50 days prior to election and are to be filed with the City Clerk not less than 30 days prior to election amending Section 15, Articie II? This amendment would increase membership on the election com- mission from three to five, and increase the petitioning time for elective office. This is a housekeeping matter designed to bring the timing required for circulating, signing and filing petitions for persons seeking elective municipal office into conformance with the State Statute. The proposed change would also synchronize the City election time table with the State Statute. By increasing the number of qualified electors serving on the Election Commission, greater input in the election process would be received and the electorate would have in- creased representation. FOR AMENDMENT NO. 9 AGAINST Shall the Home Rule Charter, Article IX, Part III, Section 68, be amended to read as follows: 68: ESTABLISHMENT THERE IS HEREBY ESTABLISHED A MUNICIPAL COURT VESTED WITH EXCLUSIVE JURISDICTION OVER ALL CAUSES ARISING UNDER THE CHARTER AND ORDINANCES OF THE CITY. THE MUNICIPAL COURT JUDGE SHALL BE AP- POINTED BY COUNCIL FOR A TERM OF TWO YEARS AND MAY BE REMOVED BY COUNCIL FOR CAUSE BY FOUR CON- CURRING VOTES. IF, IN THE DISCRETION OF COUNCIL, MORE THAN ONE JUDGE IS NECESSARY, ONE OR MORE ADDITIONAL JUDGES MAY BE APPOINTED. COMMENCING JANUARY 1, 1982, AND THEREAFTER, ALL MUNICIPAL COURT JUDGES SHALL BE APPOINTED. UPON PASSAGE OF THIS CHARTER AMENDMENT, ELECTION OF MUNICIPAL JUDGES SHALL NOT THEREAFTER TAKE PLACE. THE UNEXPIRED TERM OF ANY ELECTED MUNICIPAL JUDGE SHALL NOT HEREBY BE AFFECTED. METHOD OF APPOINTMENT: ANY VACANCY IN THE MUNICIPAL COURT SHALL BE FILLED BY APPOINTMENT OF THE CITY COUNCIL, FROM A LIST OF TWO OR THREE NOMINEES FOR THE MUNICIPAL COURT, SUCH LIST TO BE CERTIFIED TO THE CITY COUNCIL BY THE MUNICIPAL COURT NOMINATING COMMISSION FOR THE VACANCY. THE LIST SHALL BE SUBMITTED BY THE NOMINATING COMMISSION NOT LATER THAN THIRTY (30) DAYS AFTER THE DEATH, RETIREMENT, TENDER OF RESIGNATION, OR REMOVAL OF THE MUNICIPAL COURT JUDGE. METHOD OF RE-APPOINTMENT: THE MUNICIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REVIEW OF THE MUNICIPAL COURT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSION OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COUNCIL SHALL THEN VOTE WHETHER TO RETAIN THE MUNICIPAL COURT JUDGE. SHOULD THE VOTE BE NOT TO RETAIN THE MUNICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACANT.AT THE CONCLUSION OF THE TERM OF OFFICE. -2- MUNICIPAL COURT NOMINATING COMMISSION: THE PURPOSE OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL BE TO FIND THE MOST QUALIFIED PERSONS FOR THE POSITION OF MUNICIPAL COURT JUDGE IN THE CITY OF ENGLEWOOD MUNICIPAL COURT. THE COUNCIL SHALL APPOINT ONE OF ITS MEMBERS, ONE ATTORNEY PRACTICING LAW IN THE CITY OF ENGLEWOOD, AND THREE ELECTORS OF THE CITY TO THE MUNICIPAL COURT NOMINATING COMMISSION. MEMBERS OF THE MUNICIPAL COURT NOMINATING COM- MISSION SHALL SERVE TERMS AS FOLLOWS: COUNCIL PERSONS SHALL SERVE DURING THEIR TENURE, ONE MEMBER SHALL SERVE UNTIL· DECEMBER 31, 1982, ONE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1983, AND TWO MEMBERS SHALL SERVE UNTIL DECEMBER 31, 1984. THEREAFTER, EACH MEMBER APPOINTED SHALL SERVE UNTIL THE 31ST OF DECEMBER OF THE FOURTH YEAR FOLLOWING THE DATE OF APPOINTMENT. This amendment would give the City Council the authority to appoint one or more municipal court judges as deemed necessary, and would be in conformance with the procedure followed in other cities in Colorado, inasmuch as Englewood is currently the only community in the state with an elected judge. This amendment would require the Council to make the appointment of the municipal court judge(s) effective January 1, 1982. The term of the appointment would be for not less than one year: • FOR AMENDMENT NO. 10 AGAINST Shall the Home Rule Charter of the City of Englewood, Colorado, Article IX, Part II, Section 70, be amended to read as follows: 70: DUTIES RULES, PROCEDURE, ADMINISTRATION OF PERSONNEL AND BUDGET MATTERS, COSTS AND FEES, SHALL BE ENACTED AS DEEMED NECESSARY BY COUNCIL UPON RECOMMENDATION BY THE MUNICIPAL COURT JUDGE. This Amendment would remove the actual administration of the Court from the Municipal Judge and place it under the City Council. The Judge would make recommendations to the Council as to the administration of the Court relative to rules, pro- cedure, administration of personnel, budget matters, costs and fees.