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Home My WebLink About1996-06-06 EC CORRESPONDENCECity of Englewood 3400 S . Ela ti Street Englewood , Colorado 80110-2304 June 6, 1996 Honorable Victoria Buckley Secretary of State State of Colorado 1560 Broadway, Suite 200 Denver, CO 80202 Dear Ms. Buckley, Phone (303) 762-2300 (303) 762-2301 FAX (3 03 ) 789-1125 Pursuant to State Statute § 1-12-108 ( 4) I am submitting a recall petition for your approval. Englewood's Election Commission has determined that the petitioning process will be conducted in accordance with the Uniform Election Code of 1992. I have attached a copy of the City of Englewood Home Rule Charter Article IV and highlighted the line that requires that the circulator and signer be registered electors who would be entitled to vote for the successor of the incumbent sought to be recalled . In this case they must be registered to vote in City of Englewood District I elections. Thank you for your assistance! ~~rely ,. ~&ti-~ Loucrishia A Ellis, CMC City Clerk -"'· (·,::"~\ Pr in ted on Recycled Paper Z2_.:: e C!r-V at-i-j LEwoc?IJ e HOME RULE CHARTER 33 : ANNUAL INDEPENDENT AUDIT An independent audit shall be made annually of all City accounts, and more frequent audits may be made if deemed necessary by Council. Such audits shall be made by Certified Public Accountants, experienced in municipal accounting, selected by Council. ARTICLE IV RECALL 34 : PROCEDURES Any elected officer of the City of Englewood may be recalled from office at any lime after holding office for six months, in the manner here provided : The procedure hereunder to . effect the recall of any elected olllcer shall be as follows: One or more registered electors who would be entitled to vote for the successor of the incumbent sought to be recalled shall tile with the City Clerk, an allidavit of not more than 200 words stating the reasons for the recall of the elected officer sought to be removed . The City Clerk shall , within forty-eight (48} hours alter 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 statement 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 statement 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 form or contents of the petition but, rather, shall commence the running of the time periods provided hereafter. The authorized petition may be circulated and signed by registered 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 registered electors who would be entitled to vote for a successor of the incumbent sought to be recalled, numbering at least twenty -five percent (25%) of the registered electors voting for all the candidates for the elected officer's respective office in the last preceding general municipal election . C10 1291 HOME RULE CHARTER 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 more 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 Goth to 12oth 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 46th to 90th day after the general state election . At such recall election , the question of the proposed recall of the elected officer shall be submitted to the registered electors who would be entitled to vote for the successor of the incumbent sought to be recalled . The ballot upon which such proposed recall is submitted shall set forth the following question : 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". 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 fllled at an election called by Council not less than sixty (60) days nor more than one hundred twenty ( 120) days after the recall election unless within said period of time a general mun icipal election , a special municipal election, or a general election Is to be held . Should a general municipal election or a special municipal election be held within the Goth or 120th day after filing of the recall petition, the election shall be held In conjunction therewith . Recall elections and elections to till a vacancy created by a recall election shall not be subject to the limitation set forth in Section 14 of the Home Rule Charter. (Amended 3-24-81: 11 -5-91} 35 : IMPLEMENTATION C11 1291 •. WARNING: IT IS AGAINST THE LAW: 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 knowingly sign the petition when not a registered elector. 9> not sign this petition unless you are a registered elector. To be a registered elector you must be registered to vote and eligible to vote in City of Englewood, District I, elections. Do not sign this petition unless you have read or have had read to you the proposed recall measure in its entirety and understand its meaning. PETITION TO RECALL RITA HATHAWAY FROM THE OFFICE OF CITY OF ENGLEWOOD COUNCIL MEMBER DISTRICT I "STATEMENT OF CHARGES" 1. Hathaway violated Public Trust by voting and influencing the vote on a matter of personal financial/interest. She refused to remove herself from voting on this matter. 2. A significant source of neighborhood complaints is vagrancy caused by day laborers with no place to stay in the neighborhood . 3 . Hathaway became employed by Stand-By-Personnel in December, 1994, a day labor company. The issues raised by the neighborhood action group went ignored until January, 1996 when a group of citizens brought the matter to the entire Englewood City Council. 4 . Hathaway failed to remedy the problem . 5. When another council person sponsored a council bill , Hathaway gave it to her employer, but not to the residents . 6 . During her employment, she voted on and influenced the vote on the matter of personal/financial interest concerning legislation to reduce the adverse impact of the activities of her employer , despite the pleas of District 1 Citizens to remove herself from this conflict. 7 . IT IS IN THE BEST INTEREST OF THE CITIZENS OF DISTRICT 1, TO RECALL HATHAWAY FROM OFFICE OF COUNCILPERSON . 1. 2 . 3 . 4 . 5 . "STATEMENT OF DEFENSE" Results of an independent investigation show no conflict regarding personal/financial interest involving Council actions during my tenure at Stand-By Personnel. There were NO votes taken on this matter during this time . Complaints such as vagrancy are dealt with by code enforcement and the police department -Council members are forbidden by charter from interfering with the administration/enforcement actions of the city . I was employed by Stand-By Personnel in Denver from December 1994 until January 1996. The "i ssues" raised were placed with Neighborhood Watch and the police department in November 1994 -the appropriate departments to enforce/assist with the issues. The "problem" is but a symptom of a myriad of problems facing the city -one council member cannot themselves "solve" the problem. The draft ordinance , not yet introduced , was supplied to ALL parties that requested it, as required by State Statutes regarding distribution of public information. My last day of employ was January 31 , 1996 -the legislation referred to was introduced (and tabled) February 5 , 1996. As stated before , an independent legal opinion shows NO CONFLICT and thus no personal ga in . 1. 2. 3. NAME PETITION COMMITTEE (three persons) ADDRESS Signature of Elector Name (Printed) Residence Address Street and Number City/Town County Date Signed 1. 2. 3 . 4. 5 . 6 . 7. 8 . • 10. AFFIDAVIT OF PETITION CIRCULATOR I, the undersigned petition circulator, being first duly sworn and upon oath , state that I am a registered elector for District I Englewood municipal elections at the time this petition was circulated and signed by the listed electors ; that I personally circulated this petition; that each signature on the petition i.s the signature of the person whose name it purports to be; that to the best of my knowledge and belief, each of the persons signing said petition was , at the time of signing , a registered elector in the City of Englewood District I; and that I have not paid and will not in the future pay, and that I believe that no other person has paid or will pay , directly or indirectly, any money or other thing of value to any signer for the · purpose of inducing or causing the signer to sign the petition. Petition Circulator -Print Name Residence Address (Street name and number) City/Town County e ion Circulator -Signature Date STATE OF COLORADO ) ) SS COUNTY OF ARAPAHOE ) Subscribed and sworn to before me this_ day of _____ , 19 _. SEAL Notary Public My Commission Expires : ____ _ Address of Notary Public