HomeMy WebLinkAbout1993-12-03 EC MEMOMEMORANDUM
TO: Election Commission Members
FROM: Patricia H. Crow, City Clerk
DATE : December 3, 1993
SUBJECT : RECALL PETITIONS FOR THE CAREER SER VICE BOARD
Enclosed is correspondence from the Englewood Police Association requesting a copy of the opinion
issued by the City Attorney relative to the Recall Petitions which were filed by that association calling for
the recall of Robert Farris. A copy of Rick 's opinion is also enclosed.
I hope I'm not borrowing trouble , but you should be aware that there is a possibility the Association will
decide to file action against the City and will likely name the Election Commission as well. We'll cross
that bridge when we come to it.
HAPPY HOLIDAYS!
cc : Frank Gryglewi cz, Director of Financial Services
~·
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City of Englewood
December 3, 1993
Ronald H . Beck, President
Englewood Police Association
3615 South Elati Street
Englewood CO 80110
Dear Mr. Beck :
3400 S. El ati Stre et
Englewood , Colorado 80110-2304
Phone (303) 762-2300
(303 ) 762-2301
FAX (303) 789-1125
As requested by the Englewood Police Association , enclosed is a copy of the opinion issued by the Ci ty
Attorney 's office dated November 16, 1993, relative to the Recall Petitions for the Career Service Board .
Ir I can be or further assistance , please let me know.
Sincerely ,
a~w~·
PATRICIA H. CROW , CMC
City Clerk
cc : City Attorney DeWitt
Director Grygle\\"icz , Financial Services
4;'
Printed on Recycled Paper ~ ~
... ,
MEMORANDUM
TO: Rick DeWitt, City Attorney
FROM: Dan Brotzman, Assistant City Att
DATE: November 16, 1993
REGARDING: Recall Petitions for the Career Service Board.
Under Article XXI of the Colorado Constitution, Section 4 provides that:
... Every person having authority to exercise or exercising any public
or governmental duty, power or function, shall be an elective officer,
or one appointed, drawn or designated in accordance with law by an
elective officer or officers, or by some board, commission, person or
persons legally appointed by an elective officer or officers, each of
which said elective officers shall be subject to the recall provision of
this constitution; provided, that, subject to regulation by law, any
person may, without compensation therefor, file petitions, or
complaints in courts concerning crimes, or do police duty only in
cases of immediate danger to person or property ....
It would appear that the Career Service Board position would fall under
the definition of an "elective officer". ·
Since this position would be for an elected officer the first paragraph
under Section 4 of Article XXI, would apply:
... No recall petition shall be circulated or filed against any officer
until he has actually held his office for at least six months ...
After six months the recall procedure as set forth in E.M.C. 3-2-2, would
then come into play. See, Bernzen v. City of Boulder, 525 P.2d 416 (1974) and
Groditsky v. Pinckney, 661 P.2d 279 (1983).
Enclosure
DB/nf
EN GLE WOOD POLICE ASSOCIATION
3615 S. Elati St., Englewood, Colo, 80110
Business Telephones: (303) 76 1-1140, 761-4960
Office of the City Clerk
City of Englewood
3400 So. Elati St.
Englewo~d, CO 80110
Dear Ms. Crow:
We are in receipt of your lettef outlining th~ cit~
attorney's opinion reg a rding th~ requested recall election
of Mr. Robert Farris. Needless to say , we are in dis-
agreement with that opinion and are prepared and anxious
to contest it in thi proper forum. Your correspondence
did not include a copy of the written opinion which is
an item our counsel will need in order to prepare a res-
ponse. Will you please forward EPBA a copy of the cit y
attorney's letter at your earliest convenience.
Thank-you very much for your time and consideration .
H. Beck, President