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Home My WebLink About1989-12-20 EC MEMOMEMORANDUM TO: Rick DeWitt, City Attorney (& Patricia H. Crow, City Clerk FROM: DATE: December 20, 1989 SUBJECT: EPBA PROTEST OF BALLOT WORDING Attached is a copy of a letter from Thomas B. Buescher, representing EPBA. Mr. Buescher's letter lodges a complaint with the Election Commission concerning wording on the ballot as it relates to the Career Service Board's recommendation and requests the Election Commission to review the matter and to use on the ballot "a proper and legal description of the Career Service Board recommendation not the argumentative and bias wording recommended by City Counc i1 . " I have sent the Election Commission copies of Mr. Buescher's letter advising the Commission that the wording was established by Resolution No. 72 which was approved by City Council on December 4, 1989; further, that the Commission's responsibility is to proceed with the election in accordance with the resolutions and ordinances Council has passed with regard to the election. I advised the Commission that City Manager Fraser has suggested that it would be proper for the City Attorney to respond to Mr. Buescher rather than the Commission. In light of that, would you please make an appropriate response to Mr. Buescher and provide the Election Commission with copies of that correspondence. A copy of my letter to the Commission is attached for your information. cc: City Council Election Commission City Manager Fraser Margaret Freeman, Director of Financial Services [ : ,.-f .•. MEMORANDUM TO: Members of the Englewood Election Commission FROM: Patricia H. Crow, City Clerk 90 DATE: December 20, 1989 SUBJECT: SPECIAL ELECTION -BALLOT WORDING Attached is a copy of a letter received December 19, 1989, from Thomas B. Buescher, the attorney representing the Englewood Police Benefit Association (EPBA). Mr. Buescher's letter lodges a complaint concerning wording on the ballot as it relates to the Career Service Board's recommendation and requests the Election Commission to use "a proper and legal description of the Career Service Board recommendation not the argumentative and bias wording recommended by the City Council ." The wording referred to by Mr. Buescher is contained in Resolution No. 72, page 3, a copy of which was sent to you Monday, December 18th; as follows: CAREER SERVICE BOARD RECOMMENDATION On the question of the senior patrol pay, the Board finds that the evidence presented does not justify the establishment of the senior patrol pay. The record reflects that the wages and benefits of Englewood Patrol Officers are roughly comparable to the wages and benefits available to police officers in comparable municipalities. Furthermore, given the City's pessimistic financial outlook, it would be inappropriate to adopt the senior patrol proposal which essentially increases the maximum pay for Englewood Police Officers an additional 8.0 percent over current levels. The evidence simply does not warrant any increase that substantial to address the concerns identified by the Association. As you are aware, City Council adopted Resolution No. 72 on December 4, 1989, and that resolution states specifically what the wording on the ballot shall be. This is the direct responsibility of City Council, and now the Election Commission's responsibility is to proceed with the election as established by City Council. I spoke briefly with City Manager Fraser concerning Mr. Buescher's request that the Election Commission review this matter; he advised the matter should be responded to by Mr. DeWitt, the City Attorney, and further that the , .... -1.-- December 2~, 1989 Page 2 Election Commission should proceed with the special election based upon the various resolutions and ordinances which have been approved by City Council. I have provided Mr. DeWitt with a copy of Buescher's letter and have requested that he respond to Mr. Buescher's request on behalf of the Election Commission. Should any of you wish to discuss this matter with Mr. DeWitt or members of City Council, please feel free to do so. Unless directed otherwise by the Commission members, I will not be responding directly to Mr. Buescher's letter and will rely upon Mr. DeWitt to do so in an appropriate manner. I have asked that he provide us copies of any response he makes on behalf of the Commission. cc: City Council City Attorney DeWitt City Manager Fraser Margaret Freeman, Director of Financial Services --.... -. l - T'.::' ._t -•. _ ... _ - ...-o; "- BRAUER, BUESCHER. VALENTI E, GOLDHAMMER & ELMAN, P.C. WAL1ER C. BRAUER llI THOMAS B BUESCH£1t. DENNISE, VALENTINE JOSEPH M. 001..DHAMM L ELLEN' M KELMAN YIA FACSlMii.E (303)799-1125 Ms. Pat Crow City clerk A1'TORNEYS AND COtJ1"S£LORS AT LAW !563 CAY I.O RD STREET Df.NVER . COLORADO !10206 l03·3:.ll-77S I ~·· December 1 9 1 1989 City of Engl e~o~d 3400 S. Elat i Street En 9lewood 1 CO S CllO Ra: Ballot wording -January 10 sp~c•a1 Electi~n Dear Ms. Crow: :cu kr;";Yi', this :.:.iffh.i. r1Jv::as;:nb. tha ·· . .i e w~~·:)d Police Benefit -. ~ sociat ~·.:>r., .?'Of! Lodge 22 , I [l.;,.vc s. en fo:niarded e co y of the ?:esch::t iL ' ;.\1.i-.:iptect ty the Cit~ i:.:c.·· .. ni....!;.l o.r; De:::ember 4 · ng for the Jani• n ·y ? .i spe.:: ial e1 ecticr, ·3~~tting fcrt.t'\ v.'h i ch ..:. 10 : d ... pr nt'! r o,. ~"'..J;irw.. Jb~!'l.~l ~l ..i;·-:~·r~~:;:;:;::i::: ~ < -r • • the se Sa) erp:r I:':) the r . ' ... . . ~-.. - t.o ,...bc:1rte~-§137:6, th.<: -.... ie ,, the f lne l ... .:.o~ ::1.hould reflect Assoc-iati of th e he final and 't.he ~r'ter , t h e er.s 1 -'Ihe langua3e atio 's final offer :~nguage under the , does :10t. at 322 P.2:3. 317 (C::;"'..o. <='13t1) tr.e Su r4"1rr urt 1 languag~ in a statu~e rel~ting to wn t gees ;hi~ CO\'",Fc. a't.•le :c :.he angua9e :in §14 c;f the n enc: :::,_;.i~ words hhich .. • a..:·~e -sely •. t:Lti -.·r.ich Jf t.!i.e propos Ca1:.ch ohrase:.:i ba~i$ of a sl n Ms. Pat crow December 19, 1989 Page 2 for u.soa by tho&Q who expect to carry on a campaign fer or aqain~t 6n initiated constitutional amendment should be carefully avoided by the board. in w_ i ting the ballot title a n d subrr,ission c lau sE!, !322 P.2d at 320) ~~ ~' Henrv y, Ba~, 354 P. 2d 490 (Colo. 1960) where the S'Jpreme Court quoted the above from ~QY and criticized the t.itle eetting board for usirig 1 anguage whir=:h was nothing more that "bait.'' These ce. if it wera not alr that e an accurate:y represen · t _ss context, a ne u.tral, accurat.e Service Boa rd recommendation classification." Ba ot pro posals must be posicicn of ~t ! parties. In re.pr·ese~tat:.o n o f the career is: "No senior fatrol e ore the statements in , '"1'.'!ki ng this request to the t i1 e Ass c.ciat ion does ;;., admit that it is legally this issue before ~n e Commission. However, it the Co~mission can Very ;.ru1y yours, ~~~~ Thohas B. Buescher TSB/.'< nr. cc: Gordo n Mado nna opeiu #5 afl-cio WALTER C. 8MUi1t fll THOM.-.$ 8. &U88CH~~ DENNIS B. YA1.l.N'T1N! JOSEPH M. GOLDHAMMER EIJ..EN M. KELMAN BRAUER, BUESCHER, VAl.ENTINE, GOLDHAMMER Ii KELMAN, P.C. l\.'li'ORNEYS ANO COUNSELORS \T LAW 1$63 OAYLOIU> snB!T DENVER, COLORA.OOI0206 lOJ.Hl-'751 ~·· FAX (303) J3J~7758 rAX COVIR PA.GI * * * * * * * • • * • * * -* • * * • * * ft * • • * * • • • • • TOTAL NUM&Ek OP ~A ES INC! ... tJOING I I Cf --·------···-----t>A 'J'Jt: • ·---·-~---- COVER. PA.GE:_ ... _ _:3 TIM!! L ;_~Q ... -- II ------- I JU DID NOT RICIIVI ALL PAG3$1 PLIAGI CALL (303) 333-17!1 I BRAUER, BUESC:Ht'.Rf VALENTINE, GOLDHAMMER & KELMAN, P.C. ATTOR N EYS AND CO tJ !\S'ELORS AT LAW !563 GAYLORD STREET D~NVER.COLORAD080Ul6 ~3-333· 77 SI -\L TER C. BRAUER Ill .-, .. rlOM.AS B. BUESCHER JENNISE .VALENTINE JOSEPH M. OOLDHAMMI:f\ El.LEN M. KELMAN December 19 1 1989 ' l •. f'" ' .l, I -4 "' YIA FACSIMILE (303)789-1125 Ms. Pat Crow City Clerk City of Englewood 3400 S. Elati Street Enslewood, co 00110 Re: Ballot wording Dear Ms. Crow: January 30 Special Election : . you know, this office rep r es~n t s tha E~glewood Police Benefit Association, FOB Lodge 22. I have been forwarded a CO ?Y of the resolution actopted by the City Co u nc i l on December 4 ca ~1 ing for the January 30 sp~-:::i al e l ecticn e.:.id setting forth the which should appear e n t e ball o t . rf ... · ' . . ..; P u rs ua nt to Char t er §137:6, the ~a l l ot should reflect the final crff-'.1'" Qf t he ('"'•: ':.y I th e final o f.fe -r o f t he Associati o n and i:he '' E:n\~· ·~ · ·s re·:o ;1 , "~ tion s. 11 Un d.e.r § 1 4 of the Ch arter, the the e;x c.e t e.1ect i cm of r .r ::-i.c ers, ·• The language A sso~i ation's final offer language under the ,j does not. I ::--, say v ........ _..Bakt; 3 2 2 P.2d 317 (Co l o. 1 958) tl:.e Supreme -:urt i n terpreted gen e ~al language in a statu~e relating to what goes o ~ the ballot ~h!c h is compa r ab l e t o t he langua9e in §14 o f the Ch &rter and ~ated: ,,,"' i:~re sati :;r,f ~t · that t he b ·:.~i.'\r ::i a c ted wisely i n re:'°'CJE: · .j • \... s e w o 1·::3.s i ;; t.:~e. title which would t.i:i : ~ : .~::..or t'.":-· r:-1e r :'.. t ·'Jf t:ie proposal on cr~e s.:.::.i c: ·-·· '::~1e C'"-:f::r. Cr::.tch phrases ~:r words h'h ich c <:'~~::..d f c:·:.1 th e J:i e s is of a sl og ~rn ' 1 • • ·-• _ ... ____ ----~.. -... ,.,.,,,, --tit"'" -. .. .. ,. •.. ,, ~""'· ..,.,, ~--· .•• ~ , .... ~"''<f'l"'.•p"'•· ~· t .. • ~ .. \ '~ . : ~ "; -____ ...._.~>i_·t ·~· ~~ ~ ~~~~-"~~:;-,~~~~~ . ..:: ~ -t~~:;-~;~··~ : .. ' • I I I I I Ms. Pat Crow December 19, 1989 Page 2 for usa by thc&Q who axpsct to carry on a campaign fer or again~t an initiated constitutional amendment should be carefully avoided by trie board in w~iting the ballot title and i:;ubrr.ission clause. (322 P.2d at 320) ~~ ~' Henry y, Baker, 354 P.2d 490 (Colo~ 1960) where the Supreme Court quoted the ~bove from ~ and criticized the t.itle setting board for using language which was nothing more that "bait.11 These cas if it were liot alr that . . Bal ot proposals must eu ra an accurately represent t.1e position of the parties. this context, a neu.tral, accurat.e representation of the career Service Board recommendation is: "No senior patrol classification." i .s ... e er. Commission, the required to place is 0 _1 h ope that the -. ~--,_ ·---~~·-= TBB/krnh cc: Gordon Madonna opeiu #5 afl-cio ·-..... '· ~~uly yours, ~~Uk~~ Tho~ae B. Buescher "' .:..· .... ' )'--_, --• I '-··-,, _ o _ ·-J. L • ~" -t. !...'-'L-''-: ~l ' --··-· • ·-·: ,1 -· ·-··--· i ' --''=' WALTER C. &RAUER nt THO~$ a. &U8SCH!'il\ DBNN15B .VA.1..!N'T1N! JOSEPH M. GOLDHAMMER EU.EN M . KELMAN BRAUER, BUESCHER, VAI..ENTINE, GOLDHAMMER It KELMAN, P.C . .._TTORNEYS AND COtl ,lliSELORS ,\T LAW 1$63 OA Yl.-ORP STRE.E!T DENVER , COLOR"DO I0206 '.IO!-llJ-7'SI ~·· ~AX (303) 333-7758 rAX COVIR PAGI * a ~ * a a a a a * * * a * a * * a a a * * * * -* * • * * * • ~ TO: PL!AS! OEY-FfER TH! FOLLOWING PAGl(S) TO: ~ . IT cc/-= C!..A .. Lf-tJ ) Flll:~~-J~f__,_9_-_._//_~_-_r~.~~~ !'llOM; __ ~~___;;,.....,~..;;....;\.4.a:ic...=..._.~£v..,.· ..,.;.,~~;:.;,,,c::.;..· =..;_.,;;~·------- TOTAL NUMBER OP' DAT!: I INCLUO!NG COVER PAG!:~~.:3~~~~ TIH! ! I ; t./:_ t) IP \OU DID HOT RICIIVI AL~ PAG3S, PLIAGI CALL (303) 333-77!1 ~·· . alt.Qd.-< era tor MEMORANDUM TO: Members of the Englewood Election Commission FROM: Patricia H. Crow, City Clerk Qv DATE: December 20, 1989 SUBJECT: SPECIAL ELECTION -BALLOT WORDING Attached is a copy of a letter received December 19, 1989, from Thomas B. Buescher, the attorney representing the Englewood Police Benefit Association (EPBA). Mr. Buescher's letter lodges a complaint concerning wording on the ballot as it relates to the Career Service Board's recommendation and requests the Election Commission to use "a proper and legal description of the Career Service Board recommendat i on not the argumentative and bias wording recommended by the City Council." The wording referred to by Mr. Buescher is contained in Resolution No. 72, page 3, a copy of which was sent to you Monday, December 18th; as follows: CAREER SERVICE BOARD RECOMMENDATION On the question of the senior patrol pay, the Board finds that the evidence presented does not justify the establishment of the senior patrol pay. The record reflects that the wages and benefits of Englewood Patrol Officers are roughly comparable to the wages and benefits available to police officers in comparable municipalities. Furthermore, given t he City's pessimistic financial outlook, it would be inappropriate to adopt the senior patrol proposal which essentially increases the maximum pay for Englewood Police Officers an additional 8.0 percent over current levels. The evidence simply does not warrant any increase that substantial to address the concerns identif i ed by the Association. As you are aware, City Council adopted Resolution No. 72 on December 4, 1989, and that resolution states specifically what the wording on the ballot shall be. This is the direct responsibility of City Council, and now the Election Commission's responsibility is to proceed with the election as established by City Council. I spoke briefly with City Manager Fraser concerning Mr. Buescher's request that the Election Commission review this matter; he advised the matter should be responded to by Mr. DeWitt, the City Attorney, and further that the December 20, 1989 Page 2 Election Commission should proceed with the special election based upon the various resolutions and ordinances which have been approved by City Council. I have provided Mr. DeWitt with a copy of Buescher's letter and have requested that he respond to Mr. Buescher's request on behalf of the Election Commission. Should any of you wish to discuss this matter with Mr. DeWitt or members of City Council, please feel free to do so. Unless directed otherwise by the Commission members, I will not be responding directly to Mr. Buescher's letter and will rely upon Mr. DeWitt to do so in an appropriate manner. I have asked that he provide us copies of any response he makes on behalf of the Commission. cc: City Council City Attorney DeWitt City Manager Fraser Margaret Freeman, Director of Financial Services MEMORANDUM TO: Englewood Election Commission FROM: Patricia H. Crow, City Clerk DATE: December 20, 1989 SUBJECT: BALLOT ISSUES In addition to the two wage impasse questions which will be included on the Special Election ballot, there are definitely two other matters already approved by Council to be on the ballot: Ordinance No. 45 has to do with a Charter amendment regarding the commencement of terms of office for newly elected councilpersons, i.e., to begin at 8:00 p.m. on the day of the next regularly scheduled City Council meeting after the election (instead of the first Monday after January 1). Council Bill No. 48, which will be assigned an Ordinance No. at the next Council meeting, was unanimously approved December 18th, and has to do with insurance benefits for Councilpersons. This is not a Charter change, but will affect the Code instead. Copies of both of the above are attached. In addition, on the 18th, Council approved on first reading other Council Bills regarding various Charter changes. These were not passed unanimously and may not be approved in time to be included on the ballot for January 30th. I'm sending you copies though, as evenutally they will be ballot questions either at another special election or at the regular municipal election in 1991. If Council feels strongly about any of them, it is possible the Council Bills could be amended on the 8th of January, approved unanimously on an emergency basis, and then considered on final at a special meeting on January 9th. If approved unanimously at that second reading, they could be included on the ballot. This is just supposition on my part as I really do not know what Council intends to do. Needless to say, not knowing until the 9th what the ballot questions will be could create a problem for us in getting the ballots printed, etc., but we will have to work that out on a day to day basis. I realize I'm sending you a lot of stuff, but I really do want to keep you apprised of what's going on. ORDINANCE NO. 1..5 SERIES OF 1989 BY AlJI'HORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER KOLTAY 9 ,, AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELErIDRS OF THE CITY OF ENGLEWX)D, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD 00 JANUARY 30, 1990, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWX>D TO CHANGE THE BffiINNING OF THE TERMS OF COUNCILPERSONS ELECTED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE'VWD, COLORAOO, AS FOLLavS: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at a special municipal election to be held on January 30, 1990, proposed amendment to the Charter of the City of Englewood, as follows: That effective imnediately upon approval of the qualified electors of the City of Englewood and the c e rtification thereof to the office of the Secretary of State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution, the Charter of the City of Englewood, and Section 31-2-210 Colorado Revised Statutes, Article XV, Section 22 of Article III of the Home Rule Charter of the City of Englewood is hereby arrended to read as follo~'S: 22: TERMS Tenns of £0'tmcilrren COUNCILPERSONS shall begin at 8:00 p.rn. on the :rttst mtt&y after January l: foll~ t:he year: elected DAY OF THE NEXT RffiULARLY SCHEDULED CITY COUNCIL MEETING FOI..LC:MING THE ELECTION. Seven Coufieila:m COUNCILPERSONS shall be elected at the regular City election to be held on the first Tuesday after the first Monday in November, 1959. The candidate receiving the highest nurrber of votes from District 1 and the candidate receiving the highest ntm1ber of votes from District 3 shall hold off ice for four years, and the candidate receiving the highest number of votes from District 2 and the candidate receiving the highest number of votes from District 4 shall hold office for two years. The two candidates at large receiving the highest number of votes shall serve for four years, and the candidate at large receiving the third highest number of votes shall serve for two years. Thereafter, all candidates elected shall serve a term of four years, and a general municipal election shall be held at two-year intervals. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AMENDMENT 1 AGAINST Shall Section 22 of Article III of the Englewood Harre Rule Charter be arrended to allow the tenns of Councilpersons to begin at 8:00 p.m. on the day of the next regularly scheduled City Council meeting after the election? And each elector voting at said election and desirous of voting for or against said arrendm2nt shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word 11 For 11 or "Against" or by the appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said special municipal election, which notice shall be published in the manner and for the length o f 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. Introduced, read in full, and passed on first reading on the 4th day of December, 1989. Published as a Bill for an Ordinance on the 7th day of December, 1989. Read by title and passed on final reading on the 18th day of December, 1989. Published by title as Ordinance No. L{-.:;-, Series of 1989, on the 21st day of December, 1989. Attest: Mayor Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Engl~, Colorado, hereby certify that the foregoing is a true copy of th~Ordinance passed on final reading and published by title as Ordinance No.S , Series of 1989. W~MI~ Patricia H. Crow ORDINANCE NO. SERIES OF 1990-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBERS HABENICHT & HATHAWAY PEOPLES ORDINANCE NO. _, SERIES OF 1990 AN ORDINANCE AMENDil\1G TITLE 1, CHAPTER 5, ENGLEWJOD MUNICIPAL CODE 1985, BY ADDING A NEW SECTION 9 PERTAINING TO COUNCIL BENEFITS, DECLARING AN .EMERGENCY RELATED THERETO, AND SEITING THIS ISSUE FOR A SPECIAL ELECTION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL~'XX)D I COLORADO I THAT: Section 1. There shall be submitted to the voters of the City of Englewood, at the special election on January 30, 1990, the following question: "Shall Title 1, Chapter 5, Englewood .Municipal Code 1985, be arrended by adding a new Section 9 to read as follows: 1-5-9: BENEFITS FOR COUNCILPERSONS: CITY COUNCIL SHALL BE ENTITLED TO THE FOLJ:A:X.'ITNG BENEFITS IN ADDITION TO SALARIES: A. CITY SHALL PAY FOR SINGLE MEDICAL AND DENTAL PREMIUMS FOR A PLAN AVAILABLE TO ALL FULL-TIME EMPLOYEES OF THE CITY.11 YES NO ------ Section 2. Upon approval by the voters of the question set forth in Section 1, the ordinances of the City of Englewood shall read as follows: 1-5-9: BENEFITS FOR COUNCILPERSONS: CITY COUNCIL SHALL BE ENTITLED 'IO THE FOLJ:A:X.'ITNG BENEFITS IN ADDITION 'IO SALARIES: A. CITY SHALL PAY FOR SINGLE MEDICAL AND DENTAL PREMIUMS FOR A PLAN AVAILABLE TO ALL FULL-TIME EMPLOYEES OF 'IHE CITY. Section 3. With respect to this matter, there is hereby declared an errergency so that the Englewood voters may consider this issue at the January 30, 1990 special election. Introduced, read in full, arnended, and passed as amended on the 18th day of Decerrber, 1989. -1 - Published as a Bill for an Ordinance on the 21st day of December, 1989. Attest: Mayor Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Engle~d, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passe d on first reading on the 18th day of December, 1989. Patricia H. Crow -2 - BY AUTHORITY ORDINANCE NO. SERIES OF 1989-- COUNCIL BILL NO. 4 7 INTRODUCED BY COUNCIL MDIBER CLAYTON A BILL FOR AN ORDINANCE SUBMITrING 'IO A VOTE OF THE QUALIFIED EL.EX:'IORS OF THE CITY OF ENGI...EVmD Kr A SPECIAL ELECTION 'IO BE HELD CN JANUARY 30, 1990, PROPOSED AMENDMENT 'IO THE CHARTER OF THE CITY OF ENGLEW:X)D RELATING TO THE FINANCIAL IMPORT OF IMPASSE ISSUES AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEW:X)D, COLORAOO, THAT: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the special municipal election to be held on January 30, 1990, proposed arnendrrent to the Charter of the City of Engl~d, as follows: That effective i.mrediately upon approval of the qualified electors of the City of Engle'l'.DOd, and the certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article Y:-J of the Harre Rule Charter of the City of Engl~d is hereby amended by adding the following paragraph at the end of 137:6: 137:6 IMPASSE RESOLurION EACH ALTERNATIVE SINGLE MEASURE CN THE BALLal' SUPMITrED TO AN ELEX:TICN AS A RESULT OF AN EMPLOYEE IMPASSE SHALL INCLUDE A STATE11ENT PREPARED BY THE CITY'S FINANCIAL DEPAR'IMENT STATING THE FINANCIAL IMPACT OF F.ACH ALTERNATIVE SINGLE MEASURE FOR THE NEXT ONE YEAR. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AGAINsr AMENDMENT NO. 3 P.rrending the Charter of the City of Engle~d relating to Article "IN "Irrpasse Resolution," by adding a paragraph requiring all items sul:rnitted to an election as a result of an enployee irrpasse shall include a statarent prepared by the City's Finance DepartITent of the financial i.npact of the proposals for the next one year. And each elector voting at said election and desirous of voting for or against said arnendrrent shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots where used. -1 - Section 3. The proper officials of the City of Englewood shall give notice of said special municipal election, which notice shall be published in the manner and for the length of t.irre 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. An errergency exists to protect the -welfare of the citizens of Englewood in that without approval at the next election, the citizens will not have direct information on the impact at subsequent elections. Introduced, read in full, amended, and passed as amended on the 18th day of December, 1989. Published as a Bill for an Ordinance on the 21st day of December, 1989. Attest: Mayor Patricia H. Craw, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of December, 1989. Patricia H. Crow -2 - ,. ""---'·· BY Al.Jl'HORITY ORDINANCE NO. SERIES OF 1989-- COUNCIL BILL NO. 46.1 INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE SUBMITrING TO A VOI'E OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEW.::OD AT A SPECIAL ELECI'ION TO BE HELD 00 JANUARY 30, 1990, PROPOSED AMEl\'D.MENT TO THE CHARTER OF THE CITY OF ENGLE\IWD RELATING TO AGE AND RESIDENCY REQUrnEMENTS OF MEMBERS OF THE CITY COUNCIL AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL.Ei'WD, COLORAOO, THAT: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the special municipal election to be held on January 30, 1990, proposed amendrrent to the Charter of the City of Englewood, as follows: That effective irmediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article III of the Home Rule Charter of the City of Englewood is hereby amended to read as follows: 23: ARTICLE III LEGISLATIVE BODY QUALIFICATIONS OF COUNC~ COUNCILPERSONS No person shall be eligible for the office of CeYRei 1 maa COUNCILPERSON unless at the time of his election he is a citizen of the United States, at least "t.wQQty fiNe (d5) 'IWENTY-oNE (21) years of age, shall have been for three ONE years i.rrrrediately preceding such election a qualified elector of the City. CQl.mcilmiim COUNCILPERSONS elected by Districts shall also be residents and qualified electors of their districts. No member of the Council shall hold any other public office or enployrnent for which compensation is paid for any municipality. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AGAINsr AMENDMENT NO. 2 Artending the Charter of the City of Engl~ relating to Article III, "Legislative Body," reducing the age requirement fran twenty-five (25) years to twenty-one (21) years and reducing the residency requirement fran three (3) years to one (1) year i.mrediately preceding the election. ' •""' ... )' And each elector voting at said election and desirous of voting for or against said arrendrrent shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking U[X)n paper ballots where used. Section 3. The proper officials of the City of Englewood shall give ;notice of said special municipal election, which notice shall be published in the manner and for the length of tirre required b;y law, and the ballots cast at such election shall be canvassed and the result ascertained, detennined, and certified as required by law. Section 4. An emerge ncy exists to protect the welfare of the citizens of EngleW'OOd in that without approval at the next election the citizens will not have clear information on the ipact of qualifications of COW1cilpersons at subsequent elections. Introduced, read in full, and passed on first reading on the 18th day of December, 1989. Published as a Bill for an Ordinance on the 21st day of December, 1989. Attest: Mayor Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of December, 1989. Patricia H. Crow ... • BY AUTHORITY ORDINANCE NO. SERIFS OF 1989-- COUNCIL BILL NO. 46.2 INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE SUBMI'ITING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEl.;a)D AT A SPECIAL ELECI'ION TO BE HELD Q~ JANUARY 30, 1990, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWCOD RELATING TO AGE AND RESIDENCY REQUIREMENTS OF MEMBERS OF THE CITY COUNCIL AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOJD, COLORADO, THAT: Section l. There is hereby submitted to the qualified electors of the City of Englewood at the special municipal election to be held on January 30, 1990, proposed amendrrent to the Charter of the City of Englewood, as follows: That effective inrnediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article III of the Home Rule Charter of the City of Engle~d is hereby amended to read as follows: 23: ARTICLE III IEISLATIVE BODY QUALIFICATIONS OF CQR»~ COUNCILPERSONS No person shall be eligible for the office of ~i 3 man COUNCILPERSON unless at the tirre of his election he is a citizen of the United States, at least twenty-five (25) years of age, shall have been for ~ ONE years imnediately preceding such election a qualified elector of the City. C91.1Agi1unR: COUNCILPERSONS elected by Districts shall also be residents and qualified electors of their districts. No rrernber of the Council shall hold any other public off ice or employment for which compensation is paid for any municipality. Section 2. The voting niachines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AGAINST AMENDMENT NO. 2 Arrending the Charter of the City of Englewood relating to Article III, "Legislative Body," reducing the residency requirerrent fran three (3) years to one (1) year imrediately preceding the election. The Colorado Suprerre Court has declared another city's 3-year residency requirement W1constitutional. This ~ndrrent would reduce confusion and come into compliance. And each elector voting at said election and desirous of voting for or against said arrendrrent shall indicate his choice by depressing the appropriate COW1ter of the voting machine which indicates the \\'Ord "For" or 11 Against 11 or by appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said special mW1icipal election, which notice shall be published in the manner and for the length of tirre required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by l aw. Section 4. An errergency exists to protect the welfare of the citizens of Englewood in that without approval at the next election, the citizens will not have clear information on the qualifications of councilpersons at subsequent elections. Introduced, read in full, and passed on first reading on the 18th day of December, 1989. Published as a Bill for an Ordinance on the 21st day of December, 1989. Attest: Mayor Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of December, 1989. Patricia H. Crow