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HomeMy WebLinkAbout1989-12-13 EC MEMOCity of Englewood December 13, 1989 Mr. William G. R. Haidon 4685 South Logan Street Englewood CO 80110 Dear Mr. Haidon: 3400 S. Elat i Street Englewood, Colorado 8011 O Phone ~03)761-1140 In response to your telephone conversation with me several days ago, please be advised that the Englewood Election Commission has been provided copies of the protest filed by you with the City Clerk on November 16, 1989. As Ms. Crow informed you at the time of filing, she forwarded your protest to the City Attorney . Mr. DeWitt informed Ms. Crow the matter would properly be addressed by the City Council, and he then provided copies of your protest to the Council members, and the matter was discussed with Council at their November 20th regular meeting. For a complete report on the outcome of that discussion, I would recommend that you contact Mr. DeWitt. However, I sense from our conversation and from the protest itself that you are of the opinion the Election Commission should conduct a hearing in this regard. If that is your intent, it will be necessary for you to request a hearing in writing, stating specifically your concerns and charges. Please be assured the Election Commission members are more than willing to hear what you and others of the community have to say. We may not have the specific powers to reverse decisions made by City Council, but we are certainly willing to hear the matter and render our opinion in this regard. ENGLEWOOD ELECTION COMMISSION ~Lrc-~ ,;( lf-t-t_a!k Melody Kollath, Chairman cc: Englewood City Council Roger Fraser, City Manager Rick DeWitt, City Attorney December 12, 1989 Mayor Van Dyke, Councl I Members, Councl I Members-elect Englewood, Colorado 8011 O Dear Mayor Van Dyke, Counci 1 Members, and Counci 1 Members-elect: During the past municipal election (Nov 7, 1989), we had two occasions to meet with l"lr. Rick DeWitt to address procedural concerns of the Election Commission . Our first meeting was prior to our addressing City Council on October 2, and was at Mr. DeWitt's request. We thought the purpose of the meeting was to clarify our responsibilities during an election. Instead, we found the meeting to be of a confrontational natur'e. Our second meeting with Mr. DeWitt was on December I at our request. At this meeting we were requesting clarification of our duties and responsibilities. We wanted to make sure that we would know how to handle future situations which might arise. This was important to us as a number of thfngs had come up during this past election for whlc!) we were not prepared . e As a group, we feel that Mr. DeWitt failed to provide us with the direction which we requested. He did send us a letter with reference only to Mr. Haidon's protest which we received on December 8, 1989. A copy of the letter is enclosed for your information. We feel that it is indicative of the type of communication which we have had in our meetings. As members or the Election Commission appointed to the Commission by City Council, we have decided to address our concerns to you. The course of the commission depends upon firm advice from the City . We feel that we serve to meet tl)e needs of Englewood residents and would like to do that to the best of our abilities. In order to do that, however, we do need the full cooperation of the city administration. Since we feel that the City Attorney has not provided that direction, we request that you do so . If you wish to discuss this matter, we will make ourselves available to you . At the direction of the Englewood Election Commission, ~~<!o-d/ ~ ;f-czc(_l/r., Me 1 ody L. Ko 11 ath Cha1rman MEMORANDUM TO: Melody Kollath, Election Commission Chairman Ken Bull, Election Commission Member Betty Wilson, Election Commission Member Patricia Crow, City Clerk FROM: Rick DeWitt, City Attorney DATE: December 4, 1989 RE: Memo from William G. Haidon. You have inquired, of this office, what approach should be taken in response to the statement from William G. Haidon. Mr. Haidon seems to be contesting a provision in the Home Rule Charter. Without more information, I do not know how the Election Commission can determine the appropriate course of action. It is my suggestion that the Election Commission send a letter to Mr. Haidon, asking him: 1. Whether he wants a hearing on the subject . 2. Have him provide as much elaboration as he can on his protest. The responsibilities of the Commission are as set forth in Sections 10 and 11, of the Charter. At the present time, I am reluctant to advise, with respect to whether Mr. Haidon 1 s protest comes within Sections 10 and 11. I do not want the Election Commission to be circumvented by Mr. Haidon with respect to its jurisdiction. cc: Mayor Van Dyke Englewood City Council Roger Fraser nf MEMORANDUM TO: Rick DeWitt, City Attorney FROM: Patricia H. Crow, City Clerk DATE: November 16, 1989 SUBJECT: PROTEST FILED WITH CITY CLERK AS MEMBER OF ELECTION COMMISSION Attached is a copy of a formal protest filed by William G. R. Haidon concerning the November 7, 1989 election. Mr. Haidon is questioning the results based on the fact that the City and/or Commission did not enforce t he Charter pertaining to the three-year residency requirement for qualificatio n of a Council Member. As you will recall, I checked with you some months ago when we were prepari ng the information packets for those citizens who were interested in running f or Council, and was advised by you to change the three-year requirement to one-year since the three-year requirement is unconstitutional (your memo dated May 10, 1989). This matter of the residency requirement was not specifically discussed with the Election Commission at that time, as I simply acted upon your advise. Unless advised by you to the contrary, I will be sending copies of Mr. Haidon's protest to the Election Commission members Friday afternoon (tomorrow, November 17, 1989). I would appreciate hearing from you prior to that time. cc Roger Fraser, City Manager Margaret Freeman, Director of Financial Services O C'::'~·""·.:: r-·.c TLr: , ; i I ._,;_ \...'i I : I.-~ r · r·•-:-v t' ! E-P"' V · "lll V•J I '..it..,,;<.,. kr;;.t'I' ---;--~~pu FtfO /lf : ~· . 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