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HomeMy WebLinkAbout1991-06-12 EC MEMO [1]MEMORANDUM TO: Election Commission FROM: Patricia H. Crow, City Clerk DATE: June 12, 1991 SUBJECT: PROPOSED CHARTER CHANGES NOTICE OF MEETING Enclosed for your review are my comments to City Attorney DeWitt concerning the drafts of ordinances proposing certain changes to the Charter and the ballot questions effecting those changes. You will note that I have pointed out inconsistencies in the drafts with the recommendations made by the Commission. I trust Mr. DeWitt will be revising these drafts accordingly. As Jo informed you, the Election Commission will be meeting on June 27th at 5:00 p.m. The meeting will be held in Conference Room A which is on the second floor of City Hall. Mr. DeWitt has been invited to attend since he indicated in his May 30th memo that he would like to meet with the Election Commission. He also indicated he would welcome your comments on consolidation and/or verbiage so please feel free to call him if you have any suggestions which are not covered in my memo of June 12th. Several items are enclosed for your review prior to the meeting on June 27th: 1. Election Calendar (several versions are included) a. COMPLETE daily work calendar -used by the City Clerk b. Shortened version for the use of Council/staff c. An even shorter version for inclusion in the Candidate Packet 2. Candidate Packet for interested citizens. This packet will be available on July 1st. 3. Copies of Ordinance No. 30 approved by Council on May 20th. This ordinance calls for a question to be on the November 5th ballot concerning term limitations of council members. Also enclosed for your information are copies of the City Council meetings of May 6 and May 20, 1991. As discussed earlier, you will be sent copies of Council's approved minutes. This will enable you to keep abreast of current actions in which you may be interested. cc: Rick DeWitt, City Attorney Lorraine Hayes, Director of Financial Services July 1, 1991 TO: CITY COUNCIL CANDIDATES The attached information has been prepared by the Englewood Election Commission for use as a general guide by prospective candidates for the Englewood City Council. This packet provides a summary of the basic requirements associated with candidacy and other pertinent information about the e 1 ect ion process. Specific requirements may be found in the Englewood Home Rule Charter, Englewood Municipal Code, Colorado Revised Statutes, and the Campaign Reform Act. Each candidate should pay particular attention to the Campaign Reform Act which is provided in pamphlet form. All required forms are to be filed with the office of the City Clerk. Please complete the attached 4" x 5" card with the requested information for use by election staff. This candidate packet contains information which may be changed due to pending legislation, filing dates, etc. These possible changes could impact your candidacy for office and without the information requested on the card, we would not be able to notify you. If you have questions about items which are not included or not fully covered, please feel free to contact the City Clerk's office, 762-2405 or 762-2407. JO LAY, CHAIRMAN Englewood Election Commission C 0 N T E N T S CANDIDATE PACKET 1. Candidate Information 2. Election Calendar 3. Acceptance of Nomination and Qualification Affidavit 4. Candidate Profile 5. District/Precinct Map as adopted May, 1987 6. City of Englewood Charter 7. Campaign Reform Act (including forms which must be filed with City Clerk on specific dates -see calendar) CANDIDATE INFORMATION Regular Municipal Election November 5, 1991 Prepared by: Englewood Election Commission REGULAR MUNICIPAL ELECTION NOVEMBER 5, 1991 CANDIDATE INFORMATION AND INSTRUCTIONS 1. General Information At the November 5, 1991, Regular Municipal Election, four (4) councilmembers will be elected -two from the City at large, one from District I, and one from District III -for four-year terms of office commencing on the day of the next regularly scheduled City Council meeting following the election (November 18, 1991). Members of Council select the Mayor and Mayor Pro Tern from among its members. The Mayor and Mayor Pro Tern serve in that capacity for a two-year term. Councilmembers receive a salary of $400 per month; the Mayor receives $500 per month; the Mayor Pro Tern $450 per month. There are four municipal districts within the City of Englewood; those four districts contain 16 precincts . A district/precinct map is enclosed with this material. Municipal elections are administered by the Election Commission under the provisions of the Charter and the Municipal Code of the City of Englewood, and the Colorado Municipal Election Code. City elections are non-partisan. Municipal elections are held every odd numbered year. 2. Qualifications for Office City Counc i 1 A candidate must be a citizen of the United States, be 25 years of age or older, a qualified elector of the City for at least one year immediately preceding the election. Councilmembers elected by Districts shall also be residents and qualified electors of their districts. A qualified elector is defined as one eligible to register to vote. Candidates are required to sign an affidavit as to qualifications. No Councilmember shall hold any other public office or employment for which compensation is paid from any municipality. 3. Nomination Petitions Nomination petitions may not be circulated or signed before Monday, September 16. The 1 ast day a petition may be signed is Fri day, October 4, 1991. October 4 is also the last day to file nomination petitions with the City Clerk before 5:00 p.m. Nomination petitions will be available in the City Clerk's office on September 13, 1991. The candidate's petition must be signed by at least 50 qualified electors residing within the municipality, or the district, from which the officer is to be elected. No qualified elector shall sign more than one nomination petition f r each separate office to be filled in his municipality and district. The candidate must sign the Acceptance of Nomination and Qualification Affidavit, which must be turned in with the nomination petitions. The circulator of the petition must witness each signer's signature and sign the Affidavit of Circulator on the back of each petition. It is very important that the petition heading be filled out properly. 4. Campaign Reporting Requirements Annual compensation for Councilmembers for the City of Englewood is in excess of $1,200. Therefore, candidates and others pertinently involved must adhere to the provisions of the Campaign Reform Act. SEE THE ATTACHED "COLORADO CAMPAIGN REFORM ACT INSTRUCTION MANUAL.11 Al 1 necessary forms must be filed with the City Clerk on the appropriate dates. In addition to the State laws relative to the Colorado Campaign Reform Act, be aware that the City of Englewood requires that all contributions be reported separately and not collectively. See instructions attached to the Campaign Reform Act instruction brochure. 5. Political Signs Signs in support of a candidate for office must be in compliance with both local and federal/state laws: FEDERAL/STATE Signs advertising a political candidate CANNOT be installed in the right-of-way for a State or Federal highway. In Englewood, this would apply to Broadway, Federal, Santa Fe, Belleview and U.S. 285. It is necessary to secure permission of the owner of the property on which signs are installed. Unauthorized signs must be removed upon request. ENGLEWOOD Election Signs. Election signs shall not be posted before September 21, 1991 (45 calendar days prior to the election) and shall be removed by November 20, 1991 (15 calendar days following the election). Such signs are limited to wall, window and ground signs, and shall not be a banner. It shall be the responsibility of the candidate to remove signs by the stated deadline. In residential zone districts, there shall be no more than two (2) election signs per each lot; they shall not exceed twelve (12) square feet of total sign area, and shall be no more than six (6) feet in height above grade . In Commercial and Industrial Zone Districts, there shall be no more than two (2) per each street frontage; they shall not exceed twenty-four (24) square feet of total sign area. (§16.4-19-5 B, 1985 Englewood Municipal Code) 6. For additional information Further information may be obtained from the City Clerk's office, Room 157, 3400 South Elati Street, Englewood. The office is open from 8 a.m . to 5 p.m., Monday through Friday . The telephone number is 762-2405. CANDIDATE ELECTTON CALENDAR November 5, 1991 July 1, 1991 Candidate petitioning packets available from Englewood City Clerk NOTE: Within 10 days after becoming a candidate, Form CRA-10, CANDI DATE AFFIDAVI T, must be filed with the Englewood City Clerk Aug 7 -Nov l, 1991 First and last day to file for Absent Voter Ballots September 13, 1991 Nomination petit i ons available in City Clerk's Office September 16, 1991 First day petitions may be circulated by candidates. September 21, 1991 First day election signs may be posted October 4, 1991 Must have residency established to Tegister and vote I October 4, 1991 Nomination pe t itions and Accepatance of Nomination and Qualification Affidavit must be filed with the Englewood City Clerk by 5:00 p.m. October 7, 1991 Octobe r 9, 1991 October 11, 1991 October 11, 1991 October 11, 1991 October 16, 1991 October 21, 1991 October 25, 1991 October 26, 1991 November 1, 1991 November 5, 1991 November 15, 1991 Nove mber 18, 1991 November 20, 1991 December 5, 1991 6/1/91 cal2 NOTE: ALL FORMS MUST BE PROPERLY SIGNED ANO NOTARIZED WHERE APPLICABLE. A NOTARY PUBLIC IS AVAILABLE AT CITY HALL Last day for written objections to petitions and nominations Deadline for submission of Candidate Profile Last day a person can register for the municipal election Last day a candidate may withdraw his name from nomination Last day to amend a candidate 's nomination petition Last day a vacancy may be filled by vacancy committee (if one) or by petition Contributions over $500 received in period between October 23, 1989 and November 7, 1989 by political committee or candidate s ubject to Campa i gn Reform Act must be reported within 48 hours of such receipt. Document CRA-60, REPORT OF MAJOR CONTRIBUTOR, to be filed with the City Clerk Filing date for CRA -40, REPORT OF CONTRIBUTIONS AND EXPENDITURES; Filing date for CRA -50, EXPENDITURE BY A PERSON TO OTHER THAN CANDIDATES OR POLITICAL COMMITTEE. Both documents to be filed with the City , Cl erk Sample ballots are available in City Clerk's Office Last day to request absentee voter ballots ELECTION DAY Last day to contest el ection results Swearing in of newly elected Council Members Election signs mu st be removed Last day for second filing of CRA-40, REPORT OF CONTRIBUTIONS ANO EXPENDITURES, and CRA -50, EXPENDITURE BY A PERSON TO OTHER THAN CANDIDATES OR POLITICAL COMMITTEE. Both documents to be filed with the City Clerk ACCEPTANCE OF NOMINATION AND QUALIFICATION AFFIDAVIT STATE OF COLORADO ) County of ) ss . I, , hereby accept the nomination tendered me by the foregoing petitioners for the office of ~~~~~~~~~~~~ I certify by my signature that I am qualified in accordance with the Englewood City Charter to be a candidate for this office. I desire my name to appear on the election ballot in the following form: NOTE: The candidate's name may be a nickname or include a nickname but shall not contain any title or degree designating the business or profession of the candidate. Signature (31-10-302, CRS, Revised) (Please print your name here) Residence Address ~ailing Address (if different) Subscribed and sworn to before me this day of ~~--~~~~~~~ 19 ~~- My commission expires , 19 ~~~~~~~~~~~~~~ (SEAL) Notary Public or other officer CANDIDATE PROFILE (Optional) Profiles of City Council candidates will be published and available to the public by October 14, 1991. To have your qualifications included, please complete this questionnaire and return it to the City Clerk's office by 5:00 p.m. Wednesday, October 9, 1991. Telephone numbers are for the editor's use and will not be printed . PLEASE INCLUDE A PHOTOGRAPH IF YOU WISH IT TO BE INCLUDED. (Preferred: black and white, passport size) PLEASE PRINT OR TYPE Office Sought: District II District IV Member At-large~~ Municipal Judge ~~ Occupation Company ~~~~~~~~~~~~ ~~~~~~~~~~~~ Length of Residence in Englewood ~~~~~~~~~~~~~~~~~~- COMMUNITY INTEREST AND SERVICE: (Please list membership and/or offices in civic organizations; clubs; national, state, local boards or commissions; church, educational, or philanthropic groups; and business or professional organizations. Include other pertinent areas of interest. Please describe your platform, goals or reasons for running for office. (Limit 200 words) Please use reverse side for additional comments. - • DISTRICT BOUNDARIES PRECINCT BOUNDARIES --------- 2100 s. c ::> N Evana Adriatic Warren Bollie - Iliff s====i Caaplan \'lesley I===; Boker·~~-, Harvard I=~=:=; Hllalde Vassar I===; College~='""'i 2700 S. Yale 0 .2 "' c 0 0 ~ E Hampden :::> 3500 s. 8 "' N City of Englewood .. c 0 ..c "' 0 ..c I/) 5300 S . Prentice 1~---c::. ~ 0 0 M M ~ • ~ • ..., c i ~ 0 0 "' ~ CITY OF ENGLEWOOD ELECTION DISTRICTS & PRECINCTS REVISED MAY 198 7 8 ,.. ... .. • ..., .. 0 ~ ID 5100 s . ..i 2700 s. 8 • N NOV 5 June July July 8 -Sept. 6 Aug 7 (90 days) Aug 7 (90 days) Aug 7 (90 days) Aug 30 Sept 2 (holiday) Sept 3 Sept 5 Sept 6 Sept 13 Sept 15 (51 days)(Sunday) Sept 16 (50 days) Sept 16 Sept 16 Sept 16 Sept 19 Sept 19 Sept 21 (45 days) ELECTION DAY CALENDAR FOR USE BY CITY CLERK'S OFFICE Request voting machines and voter registration lists; notify polling places of Election date. Council candidate packet available. Qualified recall petitions filed between July 8 and September 6 would be included on ballot for regular municipal election, November 5. (Charter §34) Any submission petition calling for a Special Election filed after August 7, the question would be included on the regular ballot. Requires 10% of the electorate voting in the last gubernato r ial election (1990 -8,834 = 883) (Charter §46) Last day f or boundary changes of election precincts or districts . All changes must be reported to County Clerk and Recorder. (31-10-502) First day applications for absentee voter ballots may be filed with City Clerk. Requests for applications for absent voter ballots may be made orally or in writing. (31-10 -1002) Send inquiry letter to prospective judges Last day for introduction of council bills calling for Charter changes/ballot questions (regular meeting schedule; no amendments) Publication of council bills. Last day for filing with City Clerk submission petitions for question to be included on the regular municipal election ballot of November 5, 1991. 5% qualified signatures of last gubernatorial election (1990 -8,834 = 442). (Charter §46) Nomination petitions will be available. Petition fo r ms for nomination for Municipal Officers must be prepared and supplied by City Clerk. (31-10-302) (PETITIONS WILL BE AVAILABLE IN CLERK'S OFFICE ON SEPT. 13) First day nomination petitions may be circulated prior to regular election. (31-10-302) Must contain 50 qualified signatures from total municipality for at -large seat or 50 qualified signatures from specific District for District seats. (Charter §15) Response deadline from prospective judges. Ordinance calling for Charter changes/ballot questions must be approved on final reading (regular meeting schedule; no amendments) Council bill calling for Charter changes/hallot questions must be approved on first reading (special meeting schedule; no amendments) Publication of ordinance (by title) calling for Charter changes/ballot questions (regular meeting schedule; no amendments) Publication of council bill calling for Charter changes/ ballot questions (special meeting schedule; no amendments) First day election signs may be posted (EMC '85 16-4 -19-58) -I - Sept 21 -Dec 20 Sept 30 Oct 3 Oct 4 (32 days) Oct. 4 Oct 4 (Oct 6-30 days-Sunday) (goes to Oct 4, last working day preceding Sunday) Oct 7 (3 days after dead- 1 ine for filing) Oct 7 (31 days) Oct 9 Oct 11 (25th day) Oct 11 (Oct 12-24th day-Saturday) (goes to Oct 11 last working day preceding Saturday) Oct 11 (Oct 13-23rd day- Sunday) (goes to Oct 11 last working day preceding Sunday) Oct 11 (Oct 13-23rd day- Sunday) (goes to Oct 11 last working day preceding Sunday) Oct 14 (Oct 12-24th day- Saturday) (goes to Oct 14 next working day) Oct 14 (Oct 12-24th day- Saturday) (goes to Oct 14 next working day Oct 15 Oct 16 No special election may be held between September 21 and December 20, 1991 (Charter §14). Ordinance calling for Charter changes/ballot questions must be approved on final reading (special meeting schedule; no amendments) ' Publication of ordinance (by title) calling for Charter changes/ballot questions (special meeting schedule; no amendments) last day a person can move into a municipal election precinct and become a resident for purposes of voting in the Nov 5 election. ·(31-10-201) last day that a person can move from one precinct to another in the municipality and still be eligible to vote in the Nov 5 election in the new precinct (31-10-201) last day petitions may be circulated and signed prior to Nov 5 election. (31-10-302) last day nomination petitions may be filed with Municipal Clerk by 5:00 p.m. (31-10-302) last day for written objections to petitions and nominations . See 31-10-305 for specific duties if written objections are filed. (Note: If objections are filed, Clerk must decide objection within 48 hours of filing; any objection sustained may be remedied or cured within three days after objection is sustained, but in no event later than the 18th day before election.) Deliver in person registration information to County Clerk. (31-10-204) Appoint judges; send notices. last day a person can register for a municipal election. See Oct 4 (32nd Day). (l-1 -113) last day a nominated person can withdraw his name from nomination. (31-10-303) If candidate dies or withdraws from nomination prior to 23rd day before election, the vacancy may be filled by vacancy committee or by petition as required for original nomination . (31-10-304) last day to amend nomination petitions. Municipal Clerk must, in person, deliver new registration sheets for those persons who registered with Municipal Clerk to the County Clerk. (31-10-204) First day a registered elector may file an affidavit of change of address with the County Clerk and Recorder (31-10-208) last day for first reading of council bills with emergency clause calling for ballot questions (.~-~·1 l meeting schedule/emergency clause). Fi nal reading of ordinance with emergency clause calling for ballot questions (special meeting schedule/emergency clause). -2 - Oct 16 (20 days) Oct 16 (20 days) Oct 17 (19 days) Oct 17 Oct 16 Oct 18 Oct 18 Oct 21 (Oct 20 -16 days- Sunday) (goes to Oct 21, next day) Oct 21 (15 days) Oct 24 (Thursday) Oct 24 (12th day) Oct 25 (11th day) Oct 25 Oct 26 (10th day) (do on the 25th) Oct 26 (10th day) (do on the 25th) Oct 26 (10th day) Oct 26 (10th day) Oct 26 (10th day) (if appropriate) Oct 26 (10th day) (if appropriate) Oct 28 (7 days after appointment) Oct 29 (7th day) (variable date/depends on printing of ballots) Last day a vacancy may be filled by vacancy committee {if any) or by petition for any candidate who may have died or withdrawn his name from nomination. {31 -10-304) Deadline for filing write-in candidate affidavit. {Only applicable if ordinance is passed requiring write-in candidates to file affidavit of intent; Englewood has no such ordinance enacted.) Election cancellation deadline (SB69 -31-10-306 and 507). (Only applicable if ordinance is passed requiring write-in candidates to file affidavit of intent; Englewood has no such ordinance enacted.) Publication of ordinance (by title) with emergency clause calling for ballot questions (special meeting schedule/ emergency clause). Deadline for acceptance of judges' appointments. Election Commission certifies: candidate list; questions to be on ballot; judges' appointments. Prepare election notice for publication Oct 24 I Contributions over $500 received in p~riod between Oct 21 and Nov 5 by political committee or candidate subject to Campaign Reform Act must be reported within 48 hours of such receipt. Document CRA-60 to be filed with Municipal Clerk . (1-45-108 (6))' Deadline for appointment of election judges; certificates must be mailed (See Code for requirements} (31-10-401, 403, 404, 405} Publication of Election Notice (31-10-501}(1) Ballot box should be available for absentee voter ballots. (31-10-1005} Filing date for CRA-40 & CRA-50. (See Code for specifics - 1-45-110} Absentee ballots will be mailed to citizens having applied for them, if the ballots are available. Posting of notice of election in City Clerk's office. {31-10-501)(2} Posting of all polling places. {31-10-501}{3} Official ballot for election must be printed. {31-10-902) Sample ballots for voting machines must be printed and in City Clerk's possession. {31-10-703} Clerk must prepare and place on each voting machine a set of official ballot labels arranged in a manner prescribed for the official election ballot to be used on voting machines. (31-10-703) Official ballot and sample ballots for electronic voting system must be printed and in possession of Municipal Clerk and subject to public inspection. (31-10-802 and 806) Deadline for acceptance of appointment as election judge. {31-10-401, 403-404, and 405) Absent voter ballots are to be delivered to applicants as soon as practicable, but not more than 72 hours after ballots have been printed. (31 -10-1002} -1 - Oct 31 (5th day) Nov 1 (4th day) Nov Nov Nov 4 Nov 4 (1st day) November 5, 1991 Election Day County Clerk to prepare and deliver a complete copy of list of registered voters. (31-10-205) Last day for filing application with Municipal Clerk for absentee voter ballots. (31-10-1002) For emergencies arising after this date, see 31-10-1010. Judges workshop Delivery of official ballots to precinct judges -receipt required. (31-10-807 and 904) Deadline Nov 4 but will do at workshop Last day for ordiTiances to be come effective calling for Charter changes/ballot questions. Last day for clerk to deliver to one of the judges in each precinct the registration book or list in a sealed envelope and a certificate signed by Clerk stating book or list contains the names of all registered electors residing in the precinct and stating total number of registration sheets or names contained therein. The judge must give his receipt therefor. (31-10-206) Voting machines: a) Clerk must deliver the required number of voting mach i nes equipped with the official ballot to each election precinct no later than the day prior to election. (31-10-703) b) Clerk must supply each election precinct with a seal for each voting machine to be used i n the precinct for purpose of sealing machine after the polls are closed and an envelope for the return of the keys to the machine along with election returns. (31-10-707) Last day for registered electors to file an affidav i t of change of address with County Clerk and Recorder. (31-10-208) Before any votes are taken, the judges must i ndividually ta ke an oath as set forth in 31-10-407. Oaths may be administered by the judges to each other. Each judge shall record and sign any oaths administered by him and attach the record to the po 11 book. Judges must meet at polling places not later than 6:15 a .m. to examine voting machines and see that no vote has been cast and every counter, except protective counter, registers zero. (3 1-10-702) Clerk must furnish to judges instruction cards and sample ballots for the guidance of voters. The election judges must post at least one card in each polling place on day of election. (31-10-703(voting machines)/802(elect.system) /808(elect.system)/902(paper ballots)/906(paper ballots) Prior to casting of first vote, whenever impossible or inconvenient to hold election at place designated, the judges, after complying with certain statute requirements (including notifying clerk) may move to nearest convenient place for election. Voting place may not be changed after first vote has been cast in that precinct. Notice of change must be posted and polic0 officer or other proper person must be stationed at original polling place to direct voters. (31-10-503) -4 - Paper ballots: Election judge rece1v1ng package(s) of ballots must produce them with seal unbroken, in proper polling place at the opening of polls on election day and in presence of all election judges for the precinct must open package(s). (31-10-904) Electronic voting system or paper ballots: The judges, immediately after opening polls, must open ballot box in presence of assembled people, turn it upside down to empty it and then must lock it securely. (31-10-604) Polls open and voting begins at 7 a .m. if a majority of election judges for that polling place are present. Polls close at 7 p.m. but those qualified voters standing in line at that time are allowed to vote. (31-10-601) The Clerk delivers to judges of selected precinct all absentee votes received up to and including 5:00 p.m. (31-10-1002 and 31-10-1006) Request for emergency absent voter ballots may be made before 5:00 p.m. on election day. (31-10-1010) last day for registered electors to file an affidavit of change of address with the county clerk and recorder. (31-10-208) Voting Machines: When polls are closed, judges must lock and seal each voting machine against further voting; machines must remain sealed for a period of 30 days unless court ordered otherwise. After sealing, judges must open counting compartment and count the votes. When total vote is ascertained, judges make out a certificate of votes cast in numerical figures and return certificate to clerk. (31-10-614 and 708) After close of polls, election judge having custody of registration book or list must seal it and deliver it to the judge selected to deliver the election returns, registration book or list, ballot boxes and other election papers and supplies to the office of the Municipal Clerk, or to such other place as the Municipal Clerk may designate as the counting center. (31-10-206) Paper ballots: When polls are closed, judges must open ballot boxes and proceed to count the votes polled . As the judge opens and reads the ballots, the votes each candidate receives must be marked down upon tally sheets prepared by Municipal Clerk; by an appropriate election off i cial. When all votes have been counted, the ballots, together with one of the tally lists, must be returned to the ballot box and the opening must be sealed and each judge must place his initials on the seal. (31-10-610 and 611) Absentee ballots: If absentee voter ballots are all delivered to one precinct, the absentee vote must be certified separately from the vote of the precinct where it is counted. (31-10-1007) As soon as votes are counted, judges make a certificate as set forth in 31-10-613: 1) Certificate: Name of each candidate, office for which such person received votes, # of votes he received. See 31-10-613 for form to be used. -5 - Nov B Nov 12 (7th day after election) Nov 14 {Thursday) Nov 15 {10th day after election) Nov 20 (15th day) Dec 5 (30th day after election) 2) Stat r"1r nt of J ,, ,.,s: See 31-10-613 All unused ballots, spoiled ballots and ballot stubs must be returned with this statement. Judges of election, after completion of ballot count must make an abstract of vote count and post in conspicuous place on outside of polling place. Must remain in place 48 hours following election {after 7:00 p.m. on 11/9/89). {31-10-615) After all votes are counted, election officials {31-10-409) must deliver to Municipal Clerk the certificate, ballot boxes, keys, registration list, poll books, tallysheets, spoiled ballots, unused ballots, stubs oaths, affidavits and other election papers and supplies. The Municipal Clerk must give receipt for same (31-10-614). All absent voters' identification envelopes, ballot stubs and absent voters' ballots rejected by judges must be returned to Municipal Clerk. If an absent voter's ballot is not returned, or if it is rejected and not counted, fact must be noted in the record kept by the Clerk. (31-10-1008) Judges must deliver record of all challenges to the right of a person to vote to the Municipal Clerk at the time other election papers are returned. All challenges must be delivered by Municipal Clerk to the District Attorney for investigation and appropriate action. (31-10-1103) Challenge procedure 31-10-1101 thru 1106 See 1102: Challenge of a person's right to vote at a parti- cular poll. Send Certificate of Determination to Sentinel for publication on November 14. Deadline for Municipal Clerk and Mayor or other assistant, as defined in 31-10-1201, must open all returns and make abstract of votes for each office. This abstract may be made sooner than the 7th day. Municipal Clerk must immediately make out statements from the abstracts of votes showing names of candidates and number of votes given to each, distinguishing the several precincts. Statements must be certified to be correct and subscribed to by clerk and assistant. Clerk must record in her office each certified statement and must without delay make out and transmit to -each person declared elected a certificate of his election certified and sealed by the Municipal Clerk. Copy of certified statement determination must be published in newspaper of general distribution and Municipal Clerk must file a copy of the certified statement and determination with the Secretary of State. {31-10-1201 and 1205) Publish election results in Sentinel. (31-10-1201 & 1205) Deadline for filing with the Clerk of the District Court of intent to contest the election. {31-10-1303) In event of contest, Municipal Clerk follows closely provisions of 31-10-1301 thru 1308. Other judicial proceedings, see 31-10-1401 and 1402. Election signs must be removed . (16-4-19 SB -EMC'85) Second filing of contribution/expenditure reports (CRA-40 and CRA-50) for candidates, political committees, or indirect contributors subject to Campaign Reform Act. (1-45-108) Dec 6 (31st day after election) Dec 21 (46th day after election) Dec 23 May 6, 1992 (6 mo & 1 day after election) May 6, 1992 Jan 15 of year following election & each year thereafter if applicable 1 year after election & every year thereafter as necessary (Nov 5,1993) 2 years & 1 day after election (Nov 6, 1993) Voting machines, which have remained locked or sealed for 30 days, may be opened. {31-10-708) Signature cards of individuals voting may be destroyed providing no challenges have been made. (31-10 -606) Destroy signature cards. Ballots, unless needed longer because of a contest, must be kept in ballot box in custody of Municipal Clerk until 6 mo. after the election, after which time they may be destroyed as approved by State Archivist. {31-10-616) Absent voters' identification envelopes, ballot stubs and absent voters' ballots rejected for some reason, must remain in sealed identification envelopes · for 6 months, after which they may be destroyed as approved by State Archivist. (31 -10-1008) Any incumbent or newly elected official who has received compensation for public services or to defray expenses not covered by official compensation must file Doc CRA-70. (1-45-108)(2) Any political committee or candidate subject to Campaign Reform Act whose 2nd filing (30 days after election) showed an unexpended balance or deficit is required to file annually on the anniversary of the election date to report disposition of the balance or debt. Document CRA-40 (1-45-109) Nomination petitions which are required to be kept by Municipal Clerk for 2 years and open to public inspection can now be destroyed. (31-10-302) -7 - July 1 Aug 7 thru Nov 1 Sept 3 Sept 5 Sept 13 Sept 16 thru Oct 4 Sept 16 Sept 16 Sept 19 Sept 19 Sept 21 Sept 30 Oct 3 Oct 4 Oct 4 Oct 7 Oct 11 Oct 11 Oct 11 ELECTION CALENDAR -NOVEMBER 51 1991 COUNCIL SEATS Council candidate packet available Absentee ballot applications may be received by City Clerk Nomination petitions available in City Clerk's office First & last days nomination petitions may be circulated and signed (CRA-10 must be filed with City Clerk 10 days after declaring candidacy) First day Election signs may be posted Must have residency established to register and vote Last day nomination petitions may be filed in Clerk's office . . Petitions must be filed by 5 p.m. Last day for written objec- t ions to petitions and nominations Last day a person can reg i ster for the municipal election Last day to withdraw from nom i nation Last day to amend nomination petitions CHARTER AMENDMENTS/BALLOT QUESTIONS First reading of ordinance introducing Charter amendments/ballot questions (regular meeting schedule; no amendments) Publication of council bill in full Final reading of ordinance call i ng for Charter amendments/ballot questions (regular meeting schedule; no amendments) First reading of ordinance calling for Charter amendments/ballot questions (special meeting ,schedule; no amendments} Publication of ordinance by title calling for Charter amendments/ballot questions (regular meet i ng schedule; no amendments) Publication of council bill in full calling for Charter amendments/ballot questions (special meeting schedule; no amendments} Final reading of ordinance calling for Charter amendments/ballot questions; (special meeting; no amendments) Publication of ordinance by title; calling for Charter amendments/ballot questions (special meeting schedule; no amendments) Oct 15 Oct 16 Oct 16 Oct 17 Oct 18 Oct 21 Oct 24 Oct 25 Oct 25 Nov Nov Nov 4 Nov 5 Nov 12 Nov 14 Nov 15 Nov 18 Nov 20 Dec 5 PAGE 2 -ELECTION CALENDAR FOR NOVEMBER 5, 1991 Last day a vacancy may be filled by vacancy committee (if one} or by petition Election Commission certifies candidate list & questions to be on ballot Contributions over $500 received in period between Oct 21 and Nov 5, 1991 by pol it ical committee or candidate subject to C-R-A- must be reported within 48 hours of such r eceipt. Document CRA-60 to be filed with Municipal Clerk Publication of Election Notice Filing date for CRA-40 & CRA-50 Absentee ballots will be mailed to citizens requesting them, if ballots are printed. (Deadline -Oct 29, 1991) Election jud ges'workshops (two sessions will be held) Last day to request absentee ballots Last day for first reading of ordinance with emergenc clause calling for Charter amendments ballot questions (special meeting schedule) Final reading of ordinance with emergency clause calling for Charter amendments/ballot questions (special meeting schedule) Publication by title of ordinance with emer enc clause calling for Charter amendments ba ot questions (special meeting schedule) Last day for ordinance to become effective calling for Charter amendments/ballot questions E L E C T I 0 N D A Y File a copy of Certificate of Determination with the Secretary of State Publish Certificate of Determination in Englewood Sentinel Last day to contest election results Swearing in of newly elected council members Election signs must be removed Last day for second filing of contributions/expenditures report with Munic i pal Clerk (CRA-40 and CRA-50} MEMORANDUM TO: Members of the Election Commission FROM: Pat Crow, City Clerk DATE: July 10, 1991 SUBJECT: PROPOSED CHARTER AMENDMENTS I understand Rick DeWitt has sent each of you a copy of Council Bill No. 54 which addresses the recommendations of the Election Commission regarding "registered voters." I have checked the proposed ordinance to make certain it contains all the recommendations we've discussed and agreed upon, and I feel comfortable with it. The council bill is to be considered on first reading at Council's July 15th meeting, and I've enclosed a copy of the Council Communication which I prepared relative to this bill. It may be prudent for the Election Commission members to be present at that meeting should Council have questions. They may not require additonal information, but it is good to be prepared just in case. I'll make the initial presentation and then turn it over to Jo. If you'll not be present at Council's meeting, let Jo or me know. • .r DATE July 15, 1991 INITIATED BY STAFF SOURCE ISSUE/ACTION PROPOSED COUNCIL COMMUNICATION AGENDA ITEM SUBJECT PROPOSED CHARTER AMENDMENTS REGARDING REGISTERED ELECTORS Initiated by Election Committee and Council Subcommittee Patricia H. Crow, City Clerk Staff proposes Council approval of a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next scheduled regular municipal election proposed amendments to the Charter of the City of Englewood amending and deleting the term "qualified electors" and "taxpaying electors" and to authorize the term ''registered electors" in appropriate sections. PREVIOUS COUNCIL ACTION The Election Commission met with City Council in study session on April 15, 1991, and discussed proposed amendments to Charter §6, 15, 23, 34, 42, 45, 46, 47, 69, 104, 121, 134, 137:6, and 138:5. Mayor Van Dyke appointed Council Members Bullock and Clayton to study other section s of the Charter, specifically §7, 11, 13, 56, 59, and 61. STAFF ANALYSIS The Election Commission has reviewed the bill for an ordinance as prepared by the City Attorney's office based on information submitted by the Commission and the Council subcommittee. The proposed ordinance sets forth the recommendations of the Commission. The Election Commission met with Mr. DeWitt on June 27, 1991, and strongly suggested that these proposed amendments to the Charter be submitted to the electorate under one question for ballot simplification. Charter §7 was discussed at that time and there was concurrence that "Taxpaying Elector or Qualified Taxpaying Elector" should be deleted from the list of definitions. BACKGROUND As stated previously, the Election Commission met with City Council on April 15, 1991, to discuss various amendments to the Home Rule Charter with regard to changing Charter §6, 15, 23, 34, 42, 45, 46, 47, 69, 104, 121, 134, 137:6, and 138:5. The -1 - . ,; Election Commission recommended that the Charter be amended to read "registered electors" in each of named sections. As the Election Commission did not take a position concerning Charter §7, 11, 13, 56, 59, and 61, a Council subcommittee was appointed by Mayor Van Dyke to study those sections of the Charter. Council Members Bullock and Clayton, assisted by City Clerk Crow, presented a recommendation to Council dated April 25, 1991, concerning Charter §7, 11, 13, 56, 59, and 61. The subcommittee recommended that §59 and 61 be amended to read "qualified electors" deleting ''taxpaying" from these two sections, and that no changes be made to §11, 13, and 56. FINANCIAL Approval of the proposed ordinance would have no financial implications to the City of Englewood. -2 - ORDINANCE NO. SERIES OF 199_1_ BY AUTHORITY A BILL FOR COUNCIL BILL NO. 54 INTRODUCED BY COONCIL MEl-IBER AN ORDINANCE SUBMITI'ING TO A VOI'E OF THE RffiISTERED ELOCTORS OF THE CITY OF ENGL:El'KX>D AT THE NEXT SCHEDULED RffiULAR MUNICIPAL ELEx::'I'IOO PROPOSED ~S TO THE CHARTER OF THE CITY OF ENGLE"V\a)[) AMENDING AND DELETING THE TERM "QUALIFIED ELOCTORS 11 AND "TAXPAYING ELOCTOR 11 AND TO AUTHORIZE THE TERM "RffiISTERED ELOCTORS" IN APPROPRIATE SOCTIOOS. BE IT ORDAINED BY THE CITY COONCIL OF '!HE CITY OF ENGLEl'roD, COLORADO I THAT: Section 1. There is hereby sut.mitted to the registered electors of the City of Englewood at the next scheduled regular municipal election proposed arrendrrent to the Charter of the City of Englewood, as follows: That the registered electors of the City of Englewood shall choose one of the following provisions. If Question No. , is approved by the registered electors, upon 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 I, Sections 6 and 7; Article II, Section 15; Article III, Section 23; Article IV, Section 34; Article V, Section 42; Article VI, Sections 45,46,47; Article VIII, Sections 59 and 61; Article IX, Section 69; Article X, Section 104; Article XIII, Section 121; Article XIV, Section 134; Article XV, Sections 137:6 and 138:5 of the Hare Rule Charter of the City of Englewood shall be arrended as follows: AMENDMENT NO. ARTICLE I Lll3ISLATIVE BODY 6: DETACHMENT FRCT-1 THE CITY No tract or parcel of land within the boundary of the City shall be detached by an owner or owners fran the City except upon majority vote of the t:ax -p~ g}.QgtQJPii RffiISTERED ELOCTOR voting upon the question at a special election. The question of detachment fran the City shall be sul:rnitted to said vote, as provided in Sections 14(1) and 14(3) of this Charter, upon deposit by said owner or owners with the City Treasurer of the expense of said election as detennined by the Treasurer. -1 - 7: DEFINITICNS: Deleting only the following definition and no other definition: ~ Kleetor+--eF-.. Qt!alifi:eti ~ Hl:eeter' -Arfr:!- Q~ ~ ia the eal-ew'Jar yQ<il:IT last~ 4:.he-~ eleeti::&R 1 .QJP. ~ .Qat.&, slull ~ pai:a a 1:.i;ec apea ~ er pei.:s~ ~ff¥ "';U;;a.at.QQ u:itil:i:A the Cli¥ anS: ~~by an'1 a."'9S"'9"1 'tQ hjm 9R i;;Qa aoGOSEHElR-6 relle .. Article II ELECT'IONS 15: NCMINATICNS FOR ELECT'IVE MUNICIPAL OFFICE Each candidate for an elective rrunicipal office shall be nominated by petition signed by at least fifty ~i:eci REX;ISTERED electors residing within the numicipality, or the district, fran which the officer is to be elected. Petition Fonns supplied by the City Clerk ma.y be circulated and signed not ITOre than fifty days prior to the day of the election and shall be filed with the City Clerk not less than thirty days prior thereto. Petitions shall be circulated and filed in accordance with Colorado Municipal Election Laws. ARTICLE III LffiISLATIVE BODY 23: QUALIFICATIONS OF COUNCIIMEN No person shall be eligible for the off ice of Councilman unless at the tine of his election he is a citizen of the United States, at least twenty-five (25) years of age, shall have been for three years i.rmediately preceding such election a q11a 1 jfiod REX;ISTERED elector of the City. Councilrren elected by Districts shall also be residents and qualified REX;ISTERED electors of their districts. No rrember of the Council shall hold any other public off ice or anployrrent for which compensation is paid fran any numicipality. ARTICLE N 34: PROCEDURES lilly elected officer of the City of Englewood may be recalled fran office at any tirre after holding office for six ITOnths, in the manner here provided: -2 - The procedure hereunder to effect the recall of any elected officer shall be as follows: One or rrore c:p12 1 i fiea RffiISTERED electors who would be entitled to vote for the successor of the incumbent sought to be recalled shall file with the Di rectac .o£. Eh>aAOQ, ~officio-~ Clerk 'l'reasureP• ~i ty Clerk~ an affidavit of not rrore than 200 words stating the reasons for the recall of the elected officer sought to be renoved. The City Clerk shall, within forty-eight (48) hours after the filing of said affidavit, mail a copy of said affidavit, by certified mail, to the elected officer sought to be recalled, who may file with the City Clerk a sworn staterrent in defense of the charges made against him. After the affidavit has been filed, The City Clerk shall authorize a petition for recall of the elected officer which shall include the staterrent in defense of the petition if so requested by the person sought to be recalled prior to the authorization by the City Clerk. The City Clerk's authorization shall not constitute an approval of the fonn or contents of the petition but, rather, shall corrnence the running of the ti.Ire periods provided hereafter. The authorized petition may be circulated and signed by 'f P 1 i f:i:e8 RffiISTERED electors who would be entitled to vote for the successor of the incumbent sought to be recalled. For recall of any elected officer, said petition must be signed by 'fP1ifiee RffiISTERED electors who would be entitled to vote for a successor of the incumbent sought to be recalled, numbering at least twenty-five (25%) of the ~od RffiISTERED electors voting for all the candidates for the elected officer's respective office in the last preceding general municipal election. The recall petition shall be filed with the requisite information and signatures with the City Clerk within sixty (60) days after authorization by the City Clerk. Failure to file a petition within this period shall render the recall petition null and void. If said petition is filed within the time specified and is proper in all respects, the Council shall set a date for a recall election to be held not less than sixty (60) days nor ILDre than one hundred twenty (120) days after filing of the recall petition unless within said period of time a general municipal election, a special municipal election or a general state election is to be held. Should a general municipal election or a special municipal election be held within the 60th to 120th day after filing of the recall petition, the recall election shall be held in conjunction therewith. Should a general state election be held within the 60th to 120th day after filing of the recall petition, the recall election shall be held on the 4 6th to 90th day after the general state election. At such recall election, the question of the proposed recall of the elected officer shall be sul:rni tted to the 'i'P1i fi:eS: RffiISTERED electors who would be entitled to vote for the successor of the incumbent sought to be recalled. -3 - The ballot upon which such proposed recall is submitted shall set forth the folla~ing question: SHAU, NAME OF PERSON AGAINST WHa.1 ROCALL PETITION IS FILED) BE RF.cALLED FRa.1 THE OFFICE OF (TITLE OF OFFICE)? Following such question shall be the words "Yes" and "No". In the event that an officer is recalled by a majority vote of those voting on the question, the office shall be deemed vacant and shall be filled at an election called by Council not less than sixty (60) days nor nore than one hundred twenty (120) days after the recall election unless within said period of tirre a general municipal election, a special municipal election, or a general election is to held. Should a general municipal election or a special municipal election be held within the 60th or 120th day after filing of the recall petition, the election shall be held in conjunction therewith. Recall elections and elections to fill a vacancy created by a recall election shall not be subject to the limitation set forth in Section 14 of the Hare Rule Charter. ARTICLE V ORDINANCES 42: DISPOSITION A true copy of every ordinance, as adopted by Council, shall be nurnhered and recorded and adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk, and by the certificate of publication. A true copy of every ordinance as adopted by the vote of the qna 1 ifiea REX;ISTERED electors of the City shall be separately numbered and recorded corrtrencing with "Peoples" Ordinance No. 1. ARTICLE VI lliITIATIVE AND REFERENDUM 45: lliITIATIVE Any proposed ordinance may be sul:mitted to the Council by a petition signed by qtl8:li:f:i:ed REX;ISTERED electors of the City equal in number to the percentage herein required. 46: SUBMISSIONS If the petition accompanying the proposed ordinance is signed by qtmlified REX;ISTERED electors equal in number to ten percent (10%) of the preceding gubernatorial vote in the city, with a request for a special election, the Council shall either pass said ordinance without -4 - alterations within thirty days after the petition is filed, subject to the referendum, or call a special municipal election, unless a general or special municipal election is to occur within ninety days thereafter. At such special or general municipal election the Council shall submit said ordinance to a vote of the electors of the City. If the petition is signed by qnaljfigQ, REX;ISTERED electors equal in number to at least five percent (5%) of the preceding gubernatorial vote in the city, and is filed with the City Clerk at least sixty (60) days before any nmnicipal or general state election, the Council shall pass said proposed ordinance without alterations within thirty (30) days, or shall sul:rnit sane to a vote of the electors at the next general municipal or state election. If the petition is not filed with the City Clerk at least sixty (60) days before the next general municipal or state · election, it shall be null and void. An initiated ordinance shall be published in the same rranner as other ordinances. The ballot upon which such proposed ordinance is submitted shall comply with the requirements set forth in Section 14 of this Charter. If a majority of the electors voting thereon shall vote in favor thereof, the sane shall thereupon, without further publication, becorre an ordinance of the city imrediately. Any number of proposed ordinances may be submitted at the sarre election. The number of special elections shall be limited as provided in Section 14 of this Charter. 4 7: REFERENDUM The referendum shall apply to all ordinances passed by Council, except ordinances making the tax levy, the annual appropriation ordinance, or the ordering of irrprovements initiated by petition and to be paid for in whole or part by special assessments. If at any time within thirty (30) days after the final passage of an ordinance to which the referendum is applicable a petition signed by qtlfl]:i:fi:ea REX;ISTERED electors equal in number to at least ten percent (10%) of the preceding gubernatorial vote in the City, is presented to the Council protesting any ordinance going into effect, it shall reconsider such ordinance. If the ordinance is not entirely repealed, Council shall submit it to a vote of the electors of the City as provided in the Initiative and Section 14 of this Charter, at the next general municipal election or at a special election. Such ordinance shall then go into effect without further publication if a majority of the electors voting thereon vote in favor of it. The Council, on its own rrotion, shall have the power to submit any proposed ordinance to a vote of the electors at a general or special election as provided and lirni ted in this Charter. No provision of this Charter shall be construed as limiting the right of Council to refer to any ordinance subject to referendum. If provisions of two or rrore proposed ordinance receiving the highest affirmative vote shall becorre effective. -5 - ARTICLE VIII BOARDS AND C<l-1MISSIONS PART III. BOARD OF ADJUS'IMENT AND APPEALS 59: BOARD CREATED Council shall establish by ordinance a Board of Adjustment and Appeals, consisting of seven (7) rrembers appointed by Council, for overlapping terms of four ( 4 ) years. Members shall be qualified tax p~~ electors, residents of the City at least one (1) year irrmediately prior to the date of their appointment, and shall hold no other off ice or position in the City Administration. The recording secretary shall sign any documents or cornnunications from the Board, 11 by order of the Board of Adjustment and Appeals". PART IV. WATER AND SE'WER BOARD 61: BOARD CREATED The Council shall establish by ordinance a Water and Sewer Board. The Board shall consist of the Mayor of the City, two (2) councilmen selected by Council, and six (6) rrembers appointed by the Council from qualified tx:ec payi:Rq electors, serving six ( 6) overlapping tenns of six (6) years. A representative from the City Administration shall be appointed by the City Manager to serve as an ex officio nonvoting rrember. ARTICLE IX PART II. MUNICIPAL COURT 69: QUALIFICATIONS The Municipal Judge shall be an attorney-at-law admitted to practice in Colorado, and shall have had a rninirmlm of two years experience in the active practice of law and be a qaxlifiea REGISTERED elector of the City. ARTICLE X PART III. BONDED INDEBTEDNESS 104: GENERAL OBLIGATION BONDS Indebtedness and obligations of the City shall be incurred and limited as provided in Article XI of the Constitution of the State of Colorado applicable to towns and cities except as otherwise provided in this Charter. Council shall have the power to issue general obligation bonds of the City for any public capital purpose, upon majority vote of -6 - the <j!Bl ;Ui,QQ REX;ISTERED electors of the City voting thereon at a special election; provided, hcwever, that water extension and water i.nprovement bonds may be issued \vithout an election upon detennination to that effect by Council. The total outstanding general obligation indebtedness of the City, other than for water bonds, shall not at any tirre exceed three percent (3%) of the assessed valuation of the taxable property within the City as shown by the last preceding assessment for tax purposes. Water bonds shall mature and be payable as provided by the ordinance authorizing the issuance of said bonds. Article XIII CITY GVNED UTILITIES 121: AUTHORITY AND PG·IBRS The City shall have and exercise with regard to City owned utilities, including water and water rights and the acquisition thereof, and bonded indebtedness in connection therewith, all of the authority and powers now provided by the Statutes of the State of Colorado, including those hereafter established by act of the General Assembly. In addition, the city shall have the power to exchange water rights cwned by it for other water rights cwned by other persons, associations, corporations, rmmicipalities, or quasi-municipal bodies, upon such tenns and conditions, and in such proportions as the City Council shall detennine to be for the benefit of the inhabitants of the City. No water rights, or physical assets of the water works and distribution system or sewer plant and collection system shall be sold without a majority vote of the ~ ~£0 REX;ISTERED ELECTOR voting thereon at a special election held in accordance with the provisions and limitations of this Charter. The City shall have the rx:>wer to enter into agreement with other persons, associations, corporations, municipalities, or quasi-municipal bodies, for joint acquisition of water rights, for development of water rights or for development of sewage facilities upon such tenns as may be agreed upon. such agreements shall be authorized by ordinance, enacted not using the energency provision, and such ordinance shall be subject to the referendum as provided in Section 47 of this Charter. ARTICLE XIV FRANCHISES AND PUBLIC UTILITIES 134: Eh"I'ENSION OF TERRITORY Council, by ordinance, may extend the area or include streets, alleys, public places and property, not Efflbraced in such franchise, 'When public convenience and necessity requires, subject to all of the tenns and conditions of such original franchise and c~xtensive with the tenns thereof, without a vote of the tx:Hc ~ el~ RffiISTERED EL:Ex:TORS. -7 - 137:6 ARTICLE XV ENGLEhOJD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1981 IMPASSE RESOLUTICN In the event the parties are unable to reach agreement on all mandatory subjects to be contained in the Collective Bargaining Agreement on or before July 1 of the year in which the parties have net and bargained over these subjects, impasse shall be declared with each party separately sul:mitting to the Board an impasse statement which contains the party's final offer regarding any nandatory subject upon which the parties are at impasse. The Board may, at its discretion, appoint or employ one or rrore fact-finders to assist it. By August 10, t.~e Board shall issue written findings of fact and recorrmendations for resolution of the mandatory subjects in dispute. Said findings and recorrrnendations shall be served upon the Certified Employee Organization, the City and the City Council and shall be final and binding upon the parties unless, >vithin five (5) working days after receipt of the findings and recom:rendations, the parties are able to reach agreement over the tenns of the new Collective Bargaining Agreement. In the event the parties are able to reach said agreement and have so notified the Board within this five (5) working day period, the Board's findings and recomrrendations shall be null and void. All fees and expenses of the fact-finding process, including the making, but not the transcription, of a record and assistance of counsel to the Board shall be shared equally by the City and the Certified Employee Organization. If either party is dissatisfied with the Board's findings and recorrrnendations, the party or parties may sul::rnit a written notice of dissatisfaction to City Council within twenty (20) calendar days of the date of issuance of the Board's finding and recorrmendations. Only the provision or provisions sul:mitted to the Board for impasse resolution, which provision or provisions are the basis for dissatisfaction, may be contained in the notice to City Council. Within thirty (30) calendar days after receipt of this notice of dissatisfaction, the City Council shall call a special election by Ordinance or resolution submitting the matter to a vote of the qttal:iFiea REGISTERED electorate of the City. The final offers of the City and Certified Eirployee Organization and the Board's recomnendations on the issue(s) contained in a notice of dissatisfaction shall be sul::mitted as alternative single neasures to a vote of the crnHfi:QQ. REGISTERED electors of the City. The <fPlified REGISTERED electors shall elect either the position of the City, the position of the Certified Employee Organization, or the Board's recorrrnendation. The position or recomnendation receiving the highest number of votes shall be deemed approved. Said election shall be consistent with the provisions of Article II, Section 14 of the City Charter. -8 - . ' All cost and expenses of any publication or special election shall be borne by the City. 138: 5 EFF.Ex::TIVE DATE -VESTED RIGHl'S (a) The provisions of this Charter amendrrent shall become effective within twenty (20) days after their approval by the qmtlifie6: RFX;ISTERED electors of the City and the filing of certified copies of said amendments with the Secretary of State of the State of Colorado, and with the DiFeetoF @€. Finai:ieG ._ ox offisio City Clerk ';Cr.Q91r.;ln;:Qli of the· City of Englewcxxl, Colorado. (b) The provisions of this amendment shall not be construed to destroy any property right, contract right, or right of action of any nature or kind, civil or criminal, vested in or against the municipality under and by virtue of any provision of law heretofore existing or otherwise accruing to the rm.micipality; but all such rights shall vest in and inure to the municipality or to any person or persons asserting any such claims against the municipality as fully and as completely as though the within Charter amendment had not been adopted. Such adoption shall never be construed to affect any such right existing between the municipality and nay other person or persons. Section 2. The voting machines or paper ballots for said election shall carry the following designation which shall be the submission clause: AMENDMENT NO. Shall the City of Englewood amend its City Charter to allow the tenn "Registered Electors" to be used when referring to "Electors" and by deleting the tenn "Qualified Electors" in Sections ·15, 23, 34, "42, 45, 46, 47, 69, '104, 137:6, and 138:5 of the Charter, thereby bringing the City of Englewood Herre Rule Charter into confonnance with State Statutes? Shall the Charter of the City of Englewood be amended by deleting the tenn "tax-paying" in Article I, Sections '6 and .7; and Article VIII, Sections 59 and 61; Article XIII, Section 121; and Article XIV, Section 134. YES NO And each elector voting at said election and desirous of voting shall indicate his choice by depressing the appropriate counter of the voting machine or by appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said regular municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, detennined, and certified as required by law. -9 - . . . ' . .. . Introduced, read in full, and passed on first reading on the 15th day of July, 1991. Published as a Bill for an Ordinance on the 18th day of July, 1991. Susan Van Dyke, Mayor ATIEST: 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 15th day of July, 1991. Patricia H. Crow -10 -