HomeMy WebLinkAbout1996-05-16 EC MINUTES. .
ENGLEWOOD ELECTION COMMISSION
May 16, 1996
1. Call to Order
The meeting of the Englewood Election Commission was called to order at 5:02 p .m. by
Chairman Jo Lay in the City Clerk's office .
2. Roll Call
Present:
Absent:
A quorum was present.
Also Present :
Ellis, Hagar, Reynolds, Warren, Lay
None
Deputy City Clerk Castle
"' "' "' "' "'
City Clerk Ellis explained to the members of the Commission that she called the meeting in
order to meet the two new members and acquaint them with procedures and upcoming
issues . She stated that it will be necessary to hold telephone polls on some matters in the
near future .
3. Election of Chairman
Pursuant to Charter Section 11 , Chairman Lay asked for nominations for Chairman of the
Election Commission .
MEMBER WARREN MOVED, AND MEMBER HAGAR SECONDED, TO
NOMINATE JO LAY AS CHAIRMAN OF THE ENGLEWOOD ELECTION
COMMISSION.
Member Warren commented that Ms. Lay possesses a great amount of knowledge in
election matters due to her employment with the Arapahoe County Election Division of
the County Clerk 's office .
There were no other nominations.
Election Commission
May 16, 1996
Page2
Vote results:
Ayes : Ellis , Hagar, Reynolds , Warren, Lay
Nays : None
The motion carried .
4. Review of draft of Election Manual revision
City Clerk Ellis distributed copies of the draft of the Election Manual revision . She
explained to the Commission that this will be more of a revamping of the Election Manual
than a revision . She stated that she would like the text to guide the reader through the
election process in a way that will not require frequent revisions . Ms . Ellis related that
City Attorney Brotzman has looked only at the structure of the manual. She indicated that
there is plenty of time for the revamping to be completed .
City Clerk Ellis said she is pleased with the composition of the Commission, pointing out
that Chairman Lay and Member Warren have extensive experience on the Election
Commission and that she is looking forward to utilizing the fresh perspectives of the new
members .
Ms. Ellis asked the members to review the draft of the manual and make recommendations
to her .
5. Discussion of potential Recall Election
City Clerk Ellis apprised the Commission that charges of misconduct have been made
against Council Member Rita Hathaway by Englewood resident Sandra Ostema. Ms. Ellis
said it is her understanding that Ms. Ostema intends to file a recall affidavit on Monday,
May 20, 1996 . Attorney John DiFalco has been appointed by the City Council as special
counsel to investigate the facts and issue a legal opinion regarding a potential conflict of
interest by Council Member Hathaway . Ms . Ellis distributed copies of a letter dated April
29, 1996, from Mr. Difalco to City Attorney Dan Brotzman, expressing his findings in the
matter.
Chairman Lay distributed §31-4-502 and 31-4-503 , Colorado Revised Statutes (CRS),
regarding recall procedures .
City Clerk Ellis explained that the Charter is silent regarding the period of time allowed for
a council member, who is the subject of a recall , to respond to a recall affidavit. She
advised the Commission that it is within their purview to designate such a response time,
reading aloud part of Section 11-"Where municipal election procedure is in doubt, the
election commission shall prescribe the procedure to be followed ," and Section 35 of the
Englewood Home Rule Charter-"The Election Commission shall make such additional
Election Commission
May 16 , 1996
Page 3
rules and regulations as are necessary to implement the above procedures." She asked the
Commission to designate a fair response time .
CHAIRMAN LAY MOVED, AND MEMBER WARREN SECONDED, TO
ALLOW TEN WORKING DAYS FOR A COUNCIL MEMBER WHO IS THE
SUBJECT OF A RECALL TO RESPOND TO THE RECALL AFFIDAVIT.
Ayes : Ellis , Hagar, Reynolds, Warren , Lay
Nays : None
The motion carried .
* * * * *
City Clerk Ellis discussed the Campaign Reform Act (CRA), explaining its purpose for the
new members . She advised that a CRA complaint against Sandra Ostema has been
forwarded on to the Secretary of State.
Ms. Ellis distributed copies of the Recall Election Procedures -1996 Working Calendar
for City Clerk. She told the members that she has tried very hard to locate all the laws
that will effect the recall and include them on the calendar. She said if sufficient signatures
are gathered by Ms. Ostema (319), then she will be coming back to the Commission for
further approvals .
6. Members' Choice
a) City Clerk Ellis discussed the possibility of placing public service
announcements on the radio regarding elections . Member Reynolds said that she works
for KUVO Radio , 89.3 FM, and does the morning show from 5 a.m . to 9 a .m. She
advised the Commission of the procedures and said she will work with them to get fifteen
to twenty second spots on the air.
b) Member Warren asked if Election Commission members can be judges for
county elections without a conflict of interest. Chairman Lay opined that Arapahoe
County would probably not have a problem with it.
c) Chairman Lay welcomed the new members, Jean Reynolds and Roger
Hagar, to the Commission.
7. Transmittal of Miscellaneous Items
City Clerk Ellis distributed Election District and Precinct Maps and copies of the Election
Commission roster to the Commission members .
Election Commission
May 16 , 1996
Page 4
8. Adjournment
The meeting was adjourned at 6 :00 p .m.
Agenda Item: II
The Secretary of State's Office has advised that the State Statutes do not
address whether a petitioner or any other member of the public has to be
allowed to watch our office verify the petitions. Arapahoe County has advised
that they do not have a policy.
Consequently, I am asking that the Election Commission approve a policy for the
Englewood City Clerk's Office .
Please review the following draft and advise if you approve or would like to
amend it. Thanks for your help!
Agenda Item: Ill
Recommendation for procedure for potential Recall Election
If the petition process is successful City Council must set a date for the
recall election. The Election Commission will be recommending to
Council the type of election to be held , mail ballot or polling place, and
the set of Election Laws to be followed, Uniform Election Code of 1992
or the Colorado Municipal Election Code of 1965.
I would like your direction on these issues at this time in order to
facilitate the process.
We have previously discussed these issues and I will be glad to review
them with you again . Please just let me know ! The Commission
recommended that the City participate in mail ballot elections in 1993,
1994 and 1995 as we felt it was in the best interest of our citizens . I
continue to support that position .
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31-4-307 Government -Municipal 14
county in cases of violation of town ordinances, for offenses committed within the
limits of the town . He shall execute all writs and processes directed to him by the
municipal judge in any case arising under a town ordinance and receive the same
fees for his services that sheriffs are allowed in similar cases.
Source: L. 91 : Entire section amended, p . 746, § 16, effective April 4.
31-4-307. Removal of officers -causes -notice. By a majority vote of all members
of the board of trustees. the mayor. the clerk. the treasurer, any member of the board,
or any other officer of"the town may be removed from office . No such removal shall
be made without a charge in writing and an opportunity of hearing being given unless
the officer against whom the charge is made has moved out of the limits of the town .
When any officer ceases to reside within the limits of the town, he may be removed
from office pursuant to this section. A municipal judge may be removed during his
term of office only for cause. as set forth in section 13-10-105 (2). C.R.S.
Source: L. 91 : Entire section amended, p . 746, § 17 , effective April 4.
PART4
REQUIREMENTS AND COMPENSATION OF OFFICERS
31-4-401. Oath of officers -bonds -waiver -declaring office vacant. (2) The gov-
erning body of any city or town may require. from the treasurer and such other
officers as it determines proper. a bond, with proper penalty and surety, for the care
and disposition of municipal funds in their hands and the faithful discharge of the
duties of their offices. Such go ve rning body has the power to declare vacant the office
of any person appointed or elected to any office who fails to take the oath of office
or give bond when required within ten days after he has been notified of his appoint-
ment or election, and it shall proceed to appoint his successor as in other cases of
vacancy.
Source: L. 89: (2) amended, p. 1291 , § 11, effective April 6. L. 91 : (2) amended,
p. 746 , § 18, effective April 4 .
31-4-402. New bond. In the event that the official bond of any officer of a city
or town , after the taking and approval thereof, becomes insufficient by reason · of
the death or insolvency of' any of the sureties thereon. the governing body of such
city or town may require such officer to procure additional sureties or to give a
new bond and may designate the time when such additional sureties or new bond
shall be furnished. which shall not be less than ten days, or may waive the requirement
for such sureties or new bond. In the event that the additional sureties or new bond
is not furni shed within the time so designated and the requirement for such sureties
or new bond is not waived, the office shall be declared vacant, and the vacancy
shall be filled by election or appointment as provided by law .
Source: L. 89: Entire section amended . p. 1292, § 12, effective April 6 .
31-4-404. Not to be appointed to office . (I) During the time for which he has
been elected or for one yea r thereafter. no member of the governing body of any
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15 Organizational Structure and Officers 31-4-502
city or town shall be appointed to any municipal office which is created or the emolu-
ments of which are increased during the term for which he has been elected except
in the cases provided in this title.
(2) Any member of the governing bod y of any city or town who has a personal
or private interest in any matter proposed or pending before the governing body
shall disclose such interest to the governing body, shall not vote thereon. and shall
refrain from attempting to influence the decisions of the other members of the govern-
ing body in voting on the matter.
(3) A member of the governing body of any city or town may vote notwithstanding
subsection (2) of this section if his participation is necessary to obtain a quorum
or otherwise enable the body to act and if he complies with the voluntary disclosure
provisions of section 24-18-110, C.R.S.
Source: L. 88: Entire section amended. p. 1127, § I , effective March 18 ; entire
section amended. p. 907 , § 2 , effective Jul y I .
Law reviews. For article , "Confl ic ts of
Interest in Government". sec 18 Colo . Law .
595 ( 1989).
31-4-406. Territorial corporations -compensation fixed by electors. In cities and
towns of not more than five thousand inhabitants incorporated prior to July 3, 1877.
the mayor and members of the governing body shall not receive any compensation
for services rendered by them as such mayor or members unless the question of paying
such mayor or members for their services is first submitted to the registered electors
of such city or town and unless a majority of those voting thereon vote in favor
thereof. All ordinances, resolutions. and other acts of the governing body of any such
city or town authorizing or directing the payment of any compensation to any such
officer shall be and remain void. Nothing in this section shall apply to any municipal
judge who acts or officiates as president of any governing body.
Source: L. 87: Entire section amended, p. 327, § 81, effective July I.
PARTS
omcERS' RECALL
'"r31~502. Procedure -petition -signatures. (I) The procedure to effect the recall
of an elective officer of a municipality shall be as follows :
(a) (I) A petition containing the requisite number of signatures under paragraph
(d) of this subsection (I) shall be filed in the office of the municipal clerk, demanding
an election of a successor to the officer named in the petition. 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. The petition shall clearly indicate the name of the
municipality and the name of the officer sought to be recalled . The petition shall
include the name of only one person to be recalled. The petition shall contain a
general statement, in not more than two hundred words. of the grounds on which
the recall is sought, which statement shall be intended for the information of the
electors of the municipality . Such electors shall be the sole and exclusive judges of
the legality. reasonableness. and sufficiency of the grounds assigned for recall , and
said grounds shall not be open to review .
(II) The signatures to a recall petition need not all be on one sheet of paper.
At the top of each page shall be printed , in bold-faced type, the following:
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31-4-503 Government -Municipal
WARNING:
IT IS AGAINST THE L\ W:
For anyone to sign this petition with any name other than
one's own or to knowingly sign one's name more than once
for the same measure or to sign such petition when not a regis-
tered elector.
Do not sign this petition unless you are a registered elector.
To be a registered elector, you must be a citizen of Colorado
and registered to vote in (name of municipality).
Do not sign this petition unless you have read or have had
read to you the proposed measure in its entirety and under-
stand its meaning.
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(b) Directly following the warning in paragraph (a) of this subsection (I) shall
be printed in bold-faced type the following:
Petition to recall (name of person sought to be recalled) from
the office of (title of office).
(c) No recall petition shall be circulated until it has been approved as meeting
the requirements of this section as to form. The clerk shall approve or disapprove
a petition as to form by the close of the second business day following submission
of the proposed petition. The clerk shall mail written notice of such clerk's action
to the officer sought to be recalled on the day that any such petition is approved.
(d) The petition shall be signed by registered electors entitled to vote for a succes-
sor of the incumbent sought to be recalled equal in number to twenty-five percent
of the entire vote cast for all the candidates for that panicular office at the last pre-
ceding regular election held in the municipality. If more than one person is required
by Jaw to be elected to fill the office of which the person sought to be recalled is
an incumbent , then the recall petition shall be signed by registered electors entitled
to vote for a successor to the incumbent sought to be recalled equal ·in number to
twenty-five percent of the entire vote cast at the last preceding regular election held
in the municipality for all candidates for the office to which the inc_umbent sought
to be recalled was elected as one of the officers thereof, such entire vote being divided
by the number of all officers elected to such office at the last preceding regular election
held in the municipality.
Source: L. 91 : Entire section amended , p . 747 , § 19, effective April 4 .
31-4-503. Petition in sections -signing -affidavit -review -tampering with petition.
(I) Any recall petition may be circulated and signed in sections, but each section
shall contain a full and accurate copy of the title and text of the petition.
(2) (a) The signatures need not all be on one sheet of paper. AU such recall peti-
tions shall be filed in the office of the municipal clerk within sixty days from the
date on which the municipal clerk approves the petition as to form .
(b) Any recall petition shall be signed only by registered electors using their own
signatures, after which each such elector shall print or, if such elector is unable to
do so, shall cause to be printed such elector's legal name; the residence address of
such person, including the street and number, if any; and the date of signing the
same.
(c) To each such petition or section thereof shall be attached an affidavit of some
registered elector stating the affiant's address, that the affiant is a registered elector,
that the affiant circulated the said petition , that the affiant made no misrepresentation
of the purpose of such petition to any signer thereof, that each signature thereon
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17 Organizational Structure and Officers 31-4-503
was affixed in the affiant's presence. that each signature thereon is the signature of
the person whose name it purpons to be, that to the best of the knowledge and belief
of the affiant each of the persons signing said petition was at the time of signing
a registered elector, and that the affiant neither has paid nor shall pay and that the
affiant believes that no other person has so paid or shall pay, directly or indirectly,
any money or other thing of value to any signer for the purpose of inducing or causing
such signer to sign such petition .
(d) Any disassembly of the petition which has the effect of separating the affida-
vits from the signatures shall render the petition invalid and of no force and effect.
(3) (a) The municipal clerk shall issue a written determination that a recall peti-
tion is sufficient or not sufficient by the close of business on the fifth business day
after such petition is filed or, if such day is not a regular business day, on the first
regular business day thereafter, unless a protest has been filed prior to that date.
The clerk shall fonhwith mail a copy of such written determination to the officer
sought to be recalled and to the committee. Any such petition shall be deemed suffi-
cient if the municipal clerk determines that it was timely filed , has attached thereto
the required affidavits , and was signed by the requisite number of registered electors
of the municipality within sixty days following the date upon which the clerk
approved the form of the petition. The clerk shall not remove the signature of an
elector from the petition after such petition is filed . If a petition is determined by
the clerk to be not sufficient, the clerk shall identify those ponions of the petition
that are not sufficient and the reasons therefor.
(b) A protest in writing under oath may be filed in the office of the municipal
clerk by some registered elector who resides in the municipality within fifteen days
after such petition is filed setting forth specifically the grounds of such protest.
Grounds for protest may include. but shall not be limited to, the failure of any portion
of a petition or circulator affidavit or petition circulator to meet the requirements
of this section. The municipal clerk shall forthwith mail a copy of such protest to
the committee named in the petition as representing the signers thereof and to the
county clerk and recorder, together with a notice fixing a time for hearing such protest
not Jess than five nor more than ten days after such notice is mailed. The county
clerk and recorder shall. upon receipt of such notice, prepare a registration list pur-
suant to section 31-10-205 to be utilized in determining whether such petition is
sufficient. Every hearing shall be before the municipal clerk with whom such protest
is filed, who shall serve as hearing officer unless some other person is designated
by the governing body as the hearing officer, and the testimony in every such hearing
shall be under oath. The hearing officer shall have the power to issue subpoenas
and compel the attendance of witnesses. Such a hearing shall be summary and not
subject to delay and shall be concluded within thin y days after such petition is filed .
No later than five days after the conclusion of the hearing, the hearing officer shall
issue a written determination of whether the petition is sufficient or not sufficient.
If the hearing officer determines that a petition is not sufficient, he shall identify
those ponions of the petition which are not sufficient and the reasons therefor. The
result of such a hearing shall be fonhwith cenified to the committee and the officer
sought to be recalled.
(c) In case the recall petition is not sufficient, it may be withdrawn by a majority
of the committee and. within fifteen days after the municipal clerk or hearing officer
issues a written determination that the petition is not sufficient, may be amended
by the addition of any required information relating to the signers thereof or the
attachment of proper circulator affidavits and refiled as an original petition; except
that any petition amended and refiled as provided in this paragraph (c) may not
again be withdrawn and refiled. The municipal clerk shall issue a written determina-
tion that such refiled petition is sufficient or not sufficient within four business days
after said petition is filed. Any protest concerning the refiled petition shall be filed
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31-4-504 Government -Municipal 18
within five business days of the date on which such petition was refiled, and any
hearing shall be c onducted as provided in paragraph (b) of this subsection (3).
(d) The finding as to the sufficiency of any petition may be reviewed by the dis-
trict coun for the county in which such municipality or ponion thereof is located
upon application of either the officer sought to be recalled or the officer's representa-
tive or a majority of the commi11ee , but such review shall be had and determined
fonhwith. The sufficiency or the determination of the sufficiency of the petition
referred to in this section shall not be held or construed to refer to the grounds
assigned in such petition for the recall of the incumbent sought to be recalled from
the office thereby.
(4) When such recall petition is determined sufficient, the municipal clerk shall
fonhwith submit said petition , together with a cenificate of its sufficiency, to the
governing body of such municipality at the first meeting of such body following
expiration of the period within which a protest may be filed, or at the first meeting
of such body following the determination of a hearing officer that a petition is suffi-
cient, whichever is later. If the officer sought to be recalled does not resign within
five days after the clerk determines the petition to be sufficient , the governing body
shall thereupon order and fix a date for the recall election to be held not less than
thirty days nor more than ninety days from the date of submission of the petition;
but, if a regular election is to be held within ninety days after the date of submission
of said petition, the recall election shall be held as a pan 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. If
a successor to the officer sought to be recalled is to be selected at such regular election
and the officer sought to be recalled is not seeking reelection, the question of such
officer's recall shall not appear on the ballot of such regular election .
(5) An y person who willfully destroys, defaces, mutilates, or suppresses any recall
petition or who willfully neglects to file or delays the delivery of the recall petition
or who conceals or removes any recall petition from the possession of the person
authorized by law to have the custody thereof, or who aids. counsels, procures, or
assists any person in doing any of said acts commits a misdemeanor and, upon convic-
tion thereof, shall be punished as provided in section 31-10-1 504 .
Source: L. 88: (5) added, p. 295, § 10 , effective Ma y 29 . L. 91: (I) to (4) amended,
p . 749, § 20, effective April 4 .
31-4-504. Resignation -vacancy filled -election -ballot -nomination. ( l) If an
officer resigns at any time before the calling of the recall election by the governing
body, all recall proceedings shall be termmated, and the vacancy caused by such
resignation shall be filled as provided by law.
(2) If such officer resigns after the calling of the recall election by the governing
body. the vacancy caused by such resignation or from any other cause shall be filled
as provided by law , but the person appointed to fill such vacancy shall hold his office
only until the person elected at the recall election complies with section 31-4-401.
Except as provided in section 31-4-503 (4_), if such officer does not resign within
five days after the calling of the recall elecuon by the governing body, the governing
body shall cause n01ice to be published fo r the holding of such election, and the
same shall be conducted and returned and the result thereof declared in all respects
as in the case of regular elections.
(3) (a) On the official ballot at such elections shall be printed, in not more than
two hundred words, the reasons set fonh m the petition for demanding his recall,
and, in not more than three hundred words, there shall also be printed, if desired
by, him, the officer's justification of his course in office . If such officer resigns at
any time subsequent to the calling of the recall election, the recall election shall be
held, notwithstanding such resignation.
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19 Organizational Structure and Officers 31-4-504 .5
(b) There shall be printed on the official ballot. as to every officer whose recall
is to be voted on , the words, "Shall (name of person against whom recall petition
is filed) be recalled from the office of (title of office)?". Following such question
shall be the words "yes" and "no" on separate lines with a blank space at the right
of each in which the voter shall indicate, by marking a cross mark (X), his vote
for or against such recall.
(c) On such ballots, under each question, there shall also be printed the names
of those persons who have been nominated as candidates to succeed the person sought
. to be recalled, but no vote cast shall be counted for any candidate for such office
unless the voter also voted for or against the recall of such person sought to be recalled
from said office. The name of the person against whom the petition is filed shall
not appear on the ballot as a candidate for the office. All candidates on the ballot
shall be listed in alphabetical order.
(4) Candidates for the office at a recall election may be nominated by petition
as provided in section 31-10-302; except that nominating petitions may be circulated
beginning on the first business day after the governing body sets the date for the
recall election and shall be filed no later than fifteen days prior to such recall election.
(5) (a) Applications for absentee ballots shall be made available by the municipal
clerk no later. than twenty-four hours after the governing body fixes the date for the
holding of the recall election through the close of business on the fifth day before
the recall election.
(b) Absentee ballots shall be available no later than ten days before the recall
election.
(c) The absentee polling place in the office of the municipal clerk shall be open
during regular business hours between the tenth and fifth business days preceding
the recall election.
(6) If a majority of those voting on said question of the recall of any incumbent
from office vote "no", said incumbent shall continue in said office . If a majority
vote "yes", such incumbent shall be removed from such office upon compliance with
section 31-4-401 by his successor.
(7) If the vote in such recall election recalls the officer, the candidate who has
received the highest number of votes for the office thereby vacated shall be declared
elected for the remainder of the term, and a cenificate of election shall be forthwith
issued to him by the canvassing board. In case the person who received the highest
number of votes fails to comply with section 31-4-40 l within fifteen days after the
issuance of a certificate of election, or in the event no person sought election, the
office shall be deemed vacant and shall be filled according to. law.
Source: L. 91: Entire section amended, p . 752, § 21, effective April 4.
31-4-504.S. Incumbent not recalled -reimbursement. (I) If at any recall election
the incumbent whose recall is sought is not recalled, or in the event of a protest,
the hearing officer determines that the petitions are not sufficient based upon the
conduct on the part of petition circulators, the municipality may repay the incumbent
for any money actually expended as expenses of such election when such expenses
are authorized by this section.
(3) The incumbent shall file a complete and detailed request for reimbursement
with the governing body of the municipality holding the recall election or protest
hearing, which shall then review the reimbursement request for appropriateness under
subsection (2) of this section, and, in the event the municipality has determined by
ordinance to repay such expenses, such municipality shall repay such expenses within
forty-five days of receipt of the request.
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