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HomeMy WebLinkAbout2009-03-04 EC MINUTES• • • 1. Call to Order City of Englewood ELECTION COMMISSION March 4, 2009 City Manager's Conference Room -Third Floor Englewood Civic Center 1000 Englewood Parkway Englewood , CO The meeting of the Englewood Election Commission was called to order by Chairperson Lay at 5:30 p.m. 2. Roll Call Present: Absent: A quorum was present. Members Lay , Bronson , Jensen , Ellis Member Nabholz Also present: Deputy City Clerk Bush [Clerk 's note : Member Nabholz was unable to attend due to her work schedule . She met with City Clerk Ellis and Deputy City Clerk Bush , earlier in the day, on March 4 , 2009 to discuss the items on this Agenda and was in agreement with the suggested recommendations .) 3. Citizen Forum There were no visitors present. 4. Consideration (a) Protests of proposed ballot titles for initiative, referenda and referred measures City Clerk Ellis explained that in researching specifics of the initiative process , she came across CRS § 31-11-111 (4) ... Initiatives, referenda and referred measures -ballot titles, which states that "any protest concerning a ballot title shall be conducted as provided by local charte r , ordinance or resolution ". As we currently do not have anything in place to address a ballot title protest, she said, I am asking the Election Commission to recommend a protest procedure . Kerry put the question out on our clerk's listserve and we found some language that we think is appropriate . CRS § 31-11-103 (4) Definition: "Submission clause" means the language that is attached to the title to form a question that can be answered by "yes" or "no". Based on this definition, Ms . Ellis suggested the procedure include the term "submission clause"·. Ms . Ellis also wanted to be certain that the Commission understands that this is for protests for initiative , referenda and referred measures only, not recall. We will be requesting that the protest deadline be included in the ordinance itself. After Council approves an ordinance , setting a ballot question, on first reading , the ordinance will be published in full in the Englewood Herald and on the City of Englewood's website . This will provide notification of the deadline to the citizens . Discussion ensued . MEMBER LAY MOVED, AND MEMBER JENSEN SECONDED, TO RECOMMEND TO CITY COUNCIL THAT THE BALLOT TITLE PROTEST PROCEDURE READ AS FOLLOWS: Englewood Election Commission March 4, 2009 Page 2 PROTESTS OF PROPOSED BALLOT TITLE AND/OR SUBMISSION CLAUSE FOR INITIATIVE, REFERENDA AND REFERRED MEASURES. ANY REGISTERED ELECTOR DESIRING TO PROTEST A PROPOSED BALLOT TITLE AND/OR SUBMISSION CLAUSE FOR ANY INITIATED OR REFERRED MEASURE MAY FILE A WRITTEN PROTEST IN THE OFFICE OF THE CITY CLERK. SAID NOTICE OF PROTEST SHALL BE FILED NO LATER THAN 5:00 P.M. ON THE FRIDAY IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CITY COUNCIL WILL CONSIDER THE ORDINANCE, ON FINAL READING, SETTING THE BALLOT TITLE AND/OR SUBMISSION CLAUSE. THE NOTICE OF PROTEST SHALL SET FORTH WITH PARTICULARITY THE GROUNDS OF THE PROTEST. SUCH PROTEST SHALL BE HEARD, CONSIDERED, AND RESOLVED BY THE CITY COUNCIL PRIOR TO THE ADOPTION OF SAID ORDINANCE. Chairperson Lay asked if there was any discussion . Member Bronson said I think we covered it all. It is fair , it has a cut-off point and if City Council wants to extend , then they can do that. Vote results: Ayes : Nays : Absent: Motion carried. 5. Discussion Members Lay , Bronson , Jensen , Ellis None Member Nabholz (a) Recall Effort -Procedures City Clerk Ellis stated the memo to the Election Commission , dated February 26 , 2009 , prov ides some basic, initial information regarding the recall. That information w ill become a part of the record of this meeting . Kerry and I have been doing research , rev iewing the Colorado Constitution, the Colorado Rev ised Statutes -Title 1 and Title 31. I have also conferred with City Attorney Dan Brotzman and Colorado Municipal League General Counsel Geoff Wilson . Pursuant to our Charter, we would conduct a Recall Election and if it was successful , we would then conduct a Vacancy Election, she said. In the February 26 , 2009 memo I stated : "If the petition is filed with in the time frame specified and is deemed to be sufficient, City Council must set a date for the Recall Election , to be held not less than 60 days nor more than 120 days after the filing of the recall petitions ". Depending on when the petitions are turned in , we would be looking at a special elect ion in July or August. In scheduling a Recall or Vacancy Electi on we have to remember that our Charter §14 prohibits holding a specia l e lect ion within 45 days before or after a general municipal or state election . However, she said , there is another timeline issue we need to consider. Colorado Revised Statutes§ 31- 4-503 (4) states that. .. "if a regular election is to be held within 180 days after the date of submission of the petit ion , the recall election shall be held as a part of said regular election ; except that , if the officer sought to be recalled is seeking reelection at said regular election , only the question of such officer's reelection shall appear on the ballot". And CRS § 31-4-503 (4 .5) states that "a recall election pursuant to this part 5 may only be conducted as part of a coordinated election if the content of the recall election ballot is finally determined by the date for certification of the ballot conten t for the coordinated elect ion to the county clerk pursuant to section 1-5-203 (3)". It has been determined that we can submit a recall question on a coordinated ballot and , given the timeframes we are looking at , the content of the recall .. • • election ballot would definitely be determined by the date I am required to certify my ballot content to the • Arapahoe County Clerk , which is 60 days prio r to the election ... September 4 , 2009. The statement of defense must be submitted to the City Clerk by 5:00 p.m . on March 10th. We hope to finalize the petitions by Friday , March 13 th. Ms . Bartnick has 60 days to circulate the petitions . If we issue the ~etitions on March 13 th, they would be due back in the Clerk 's Office by 5:00 p.m . on May 1ih. May i is 180 days prior to the November 3 , 2009 General Municipal Election . So , if she were to turn in the petitions • • • Englewood Election Commission March 4, 2009 Page 3 between May ylh and May 12'h, and they are deemed to be sufficient, we would have to submit the recall questions to the November ballot and Mayor Woodward would only appear as an officer up for re - election. Ms Ellis said I have asked Ms. Bartnick to prov ide me with the name and address of three to five persons who will comprise the "committee''. They must be reg istered electors of the City of Englewood and for Council Member Jefferson's petition they must be registered electors in District 1. CRS § 31-4-502 (1) (a) (I) -"Each petition shall designate by name and address not less than three nor more than five persons , referred to in this section as the "committee ", who shall represent the signers thereof in all matters affecting the same ." I will need this information prior to finalizing the petitions . Cha irperson Lay asked did you call her. Ms . Ellis responded that I emailed her last week. As of this date, I have not heard back from her with th is information . I will be contacting her again to let her know that I need this information. Because of the various possibilities , I am asking the Election Commission to authorize me to follow CRS Title 31 and the "Colorado Municipal Election Code of 1965 " as I administer the first segment of this recall effort. If it becomes clear that we are working within the timeframe of 180 days prior to the November election , I would like the Commission to authorize me to follow the "Uniform Election Code of 1992 ", as that is the Election Code Arapahoe County will be follow ing. If we end up conducting our own election , I would like approval to conduct a Mail Ballot Election in accordance with the "Colorado Municipal Election Code of 1965" and the "Uniform Election Code of 1992" Art icle 7.5 "Mail Ballot Elections" . Ms . Ellis stated we have rece ived a Council Request asking for election costs associated with the recall process (i.e . the recall election, the possible subsequent election to fill vacancies , and any other associated costs). She stated that I think we are the only municipality that conducts separate recall and vacancy elections . We have been surveying various municipalities regarding costs associated with special elections. Based on the information they have shared with us, it appears we would be looking at a minimum between $35 ,000.00 and $50,000 .00 for each election . If we were able to coordinate the recall election with the County's November 3, 2009 election, the costs would be minimal. Our recall in 1997 was conducted by mail ballot, as the Commission determined that was appropriate as the Council member the citizens were attempting to recall had been elected by mail ballot. In today 's world , we have another consideration . Registered electors now have the choice of signing up as a permanent mail ballot recipient. If we were to conduct a polling place election, we would still have to honor the requests for a permanent mail ballot. We would end up conducting a polling place and a mail ballot election at the same time and the costs would increase substantially. We could have the possibility of having three elections this year; the recall election , the vacancy election and the November general election . It is a very complicated process . MEMBER JENSEN MOVED, AND MEMBER BRONSON SECONDED, TO AUTHORIZE THE ENGLEWOOD CITY CLERK TO FOLLOW THE COLORADO REVISED STATUTES (CRS) TITLE 31 AND THE "COLORADO MUNICIPAL ELECTION CODE OF 1965" DURING THE INITIAL PHASE OF THE 2009 RECALL EFFORT; TO CONDUCT A MAIL BALLOT ELECTION IN ACCORDANCE WITH THE "COLORADO MUNICIPAL ELECTION CODE OF 1965" AND THE "UNIFORM ELECTION CODE OF 1992" ARTICLE 7.5 "MAIL BALLOT ELECTIONS" IF IT IS DETERMINED THE CITY WILL BE CONDUCTING A SPECIAL ELECTION; AND IF IT IS DETERMINED THAT WE WOULD MEET THE TIMEFRAME OF 180 DAYS PRIOR TO THE NOVEMBER ELECTION, THAT AT THAT POINT THE CITY CLERK WILL BEGIN FOLLOWING THE "UNIFORM ELECTION CODE OF 1992" AND BE ALLOWED TO COORDINATE WITH ARAPAHOE COUNTY IN NOVEMBER. Ayes : Nays : Absent: Motion carried . Members Lay , Bronson , Jensen , Ellis None Member Nabholz Englewood Election Commission March 4, 2009 Page 4 Ms . Ellis said I would like to address three other issues that have come up . I have received questions regarding the truthfulness of the charges, if a Council member is recalled can they run to fill the vacancy and can additional recall efforts be launched against them? Ms. Ellis passed out copies of the follow ing cites: CRS 31-4-502 (1 ) (a) (I) .... the "electors shall be the so le and exclusive judges of the legality , reasonableness, and sufficiency of the grounds assigned for recall and said grounds shall not be open to review"; Co lorado Constitution , Article XXI , Section 3 -Case law: "Recalled officer may not succeed himself. Home-rule cities may provide for an election system in which candidates may be elected by a plurality vote . They may not, however, make it poss ible to frustrate the will of the majority by allowing a recalled officer to succeed h imself. Bernzen v. City of Boulder , 186 Colo. 81 , 525 P .2d 416 (1974)"; and , Colorado Constitution, Article XXI , Section 4 -" ... After one recall petition and election , no further petition shall be filed against the same officer during the term for which he was elected , unless the petitioners signing said petition shall equal fifty percent of the votes cast at the last p receding general election for all of the candidates for the office held by such officer as herein above defined ". She said I wanted to be certain that you all received these cites . Ms . Ellis said anything to do with elections is not black and white and you just try to do the very best that you can . We just try to be fair, everyone is treated the same and given the same information .. (b) November 3, 2009 General Municipal Election City Clerk Ellis said we are ask ing that you recommend to City Council that we coordinate with Arapahoe County for our General Municipal Election. We anticipate it will be a mail ballot election held in accordance with the "Uniform Election Code of 1992 ". The Election Commission has , since the inception of the Coordinated Election, made this recommendation to Council based upon the belief that this is in the best interest of our citizens . Ms. Ellis noted that we anticipate Council will refer a Charter question to the ballot concerning term limits and we have had one inquiry regarding the i nitiative process. We have 3 Council seats up for election in November: At-Large (one vacancy), District 2 and District 4 . In addition , the Municipal Judge seat is up. We have two candidates declared at this point in time : Jerry Furman, At-Large and Richard Gillit , District 4 . Council Member John Moore , District 2 is term limited . Candidate packets will be available July 1st and copies will be mailed to the Commission members. Ms . Ellis passed out some information regarding Amendment 54, as provided on the Colorado Department of Personnel & Administration website http ://www.colorado .gov/dpa/dfp/sco/contracts .h tm She explained that this amendment to the State Constitution concerns restrictions on campaign contributions from sole source contracts awarded by state or local governments without competitive bidding . Because of the broad scope of the Amendment and the difficulties associated with preparing a complete list of sole source contracts , she said, the only thing we can do is provide the information to candidates and issue committees to make them aware of the restrictions. She also provided a copy of a Rocky Mountain News article dated January 29 , 2009 entitled "Amendment 54 challenged ". The purpose of including this article, she said , is to provide insight into some of the issues involved with this Amendment. MEMBER LAY MOVED, AND MEMBER BRONSON SECONDED, TO RECOMMEND TO CITY COUNCIL THAT THE CITY OF ENGLEWOOD PARTICIPATE IN A MAIL BALLOT COORDINATED ELECTION WITH ARAPAHOE COUNTY ON NOVEMBER 3, 2009. Ayes: Members Lay, Bronson , Jensen , Ellis Nays : None Absent: Member Nabholz Motion carried . 6. Member's Choice (a) Chairperson Lay said I have spent 30 years putting on elections. I no longer do that , and so I'm not as up to date , and elections laws change constantly. Unless you are on top of it , it is very hard to do this . It can be very frustrating . • • • • • • Englewood Election Commission March 4, 2009 Page 5 7. Transmittal of Miscellaneous Items There were none. 8. Adjournment The meeting adjourned at 6 :30 p.m . Deputy City Clerk