HomeMy WebLinkAbout1989-03-10 EC MEMO(
MEMORANDUM
TO: Chairman Kollath, Election Commission
FROM: Patricia H. Crow, City Clerk
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DATE: March 10, 1989
SUBJECT: LEGAL OPINION RELATIVE TO CAREER SERVICE BOARD ELECTIONS
Melody, as you requested, I checked with the Citj At~orney's office to find
out if it was necessary to conduct future Career Service Board Elections if
and when only one candidate was nominated. Mr. DeWitt has clearly advised
that an election would definitely be required since Sec. 138:3 (b) of the
Charter states:
"Two (2) members of the Board shall be elected by direct secret
ballot of all full-time permanent classified employees of the City for
terms of four (4) years." (underlining added)
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Mr. DeWitt is of the o~inion that without an election by ballot, the single
candidate would have no authority t o sit as a Board Member. I can provide you
with a copy of his opinion if you so desire.
Thanks for helping Lou with the certification of Jo Ellen Turner's successful
reelection as a member of the Career Service Board.
* * * * *
Concerning your question regarding your right as Chairman to make motions or
vote, I can find nothing in the procedures which have been adopted by Council
to indicate you are prohibited from doing either. Chairmen of other boards
and commissions appointed by Council, do vote and do upon occasion present
motions. As Chairman, you do not forfeit any of your rights which you
normally enjoy as a member of the Commission. In Robert 's Rules of Order
Revised, relative to the chairman's voting rights, it states:
"If a member of the assembly, he is entitled to vote when the vote
is by ballot (but not after the tel l ers have commenced to count the
ballots), and in all other cases where the vote would change the results.
Thus, in a case where a two-thirds vote is necessary, and his vote thrown
with the minority would prevent the adoption of the question, he can cast
his vote; so, also, he can vote with the minority when it will produce a
tie vote and thus cause the motion to fail; but he cannot vote twice,
first to make a tie, and then to give the casting vote."
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However, I believe it is generally understood that the chairmen of the City's
boards and commissions are entitled and expected to cast votes on all issues
under debate. I hope this information answers your questions.
I'll be in touch with you shortly to go over the absentee ballot procedure.
cc: Election Commission Members
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City of Englewood
March 10, 1989
Honorable Mayor and Members
Englewood City Council
Englewood, Colorado
Dear Mayor Van Dyke and Members of Council:
3400 S . El at i St reet
Eng lewood , C o lorad o 80110
Ph one (303 )761-1140
The Englewood Election Commission received copies of Council's
Resolution No. 12 of 1989 at their February 16th meeting.
After discussion, it is moved and unanimously approved by those
present to adopt the fol l owing attendance requirements for
Commission members :
ALL MEMBERS OF THE ELECTION COMMISSION ARE EXPECTED TO
ATTEND ALL MEETINGS WHICH ARE CALLED BY THE CHAIRMAN. THE
MEMBERS UNDERSTAND THAT MEETINGS ARE NOT HELD ON A REGULAR
BASIS BUT ARE CALLED ONLY AS NEEDED IN ORDER TO CONDUCT
NECESSARY BUSINESS OF THE COMMISSION.
THEREFORE, THE ELECTION COMMISSION HAS DETERMINED THAT ANY
MEMBER MISSING TWO CONSECUTIVE MEETINGS WITHOUT AN ADEQUATE
EXCUSE, SPECIFICALLY SICKNESS, BEING OUT OF TOWN, OR NOT
HAVING RECEIVED SUFFICIENT NOTICE OF THE MEETING, SHALL
UNDERSTAND THAT SUCH ABSENCES SHALL BE REPORTED TO CITY
COUNCIL WITH A RECOMMENDATION FROM THE CHAIRMAN FOR REMOVAL
OF SAID MEMBER.
We trust this procedure for absences meets with your approval.
Sincerely,
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MELODY KOLLATH, Chairman
Englewood Election Commission