HomeMy WebLinkAbout1994-08-05 EC MEMO9 MEMORANDUM
TO: Dan Brotzman, Assistant City Attorney
FROM: Loucrish ia Ellis, City Clerk
DATE: Augusts, 1994
SUBJECT: SCHEDULE FOR SPECIAL ELECTION
Per your request I have researched possible dates for a special election. There
are two items to consider.
1) In 1989 a ruling was issued from Arapahoe County Court that Special
Elections, to resolve the wage impasse between the City of Englewood
and two of its employee associations, could not be held during the regular
municipal election in November. The decision was appealed and the
State Court of Appeals overturned that ruling in February 1991.
2) The Charter 14: ( 1) -stipulates that "No special election shall be held
within forty-five (45) days before or after a general municipal or state
election ." This issue is further supported by CRS 31-10-108. I consider
the primary election August 9, 1994 to be a state election. I called the
Secretary of State's office this morning and they concurred. Previous
election calendars have been set up by the City Clerk's Office under this
premise . Unless your office advises me otherwise, I will continue to
operate under this interpretation of the Charter.
Consequently, Council has the option of scheduling the impasse ballot issue to
be considered at the November 8, 1994 coordinated election, or, if the second
scenario is considered, the first day a special election can be held, is December
27, 1994. My understanding is that, if Council were to choose the November 8th
date, the special election question can be included along with the other ballot
questions. I will certify Englewood's ballot to the County September 14, 1994.
Special elections are held on any Tuesday determined by Council. Also, CRS
31-10-108 Special Elections, states that special elections may not be held within
30 days of being called.
cc: Frank Gryglewicz, Acting Director of Financial Services
Randie Barthlome, Director of Administrative Services