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HomeMy WebLinkAbout2001-03-01 EC MINUTES• • • ENGLEWOOD ELECTION COMMISSION March 1, 2001 1. Call to Order The meeting of the Englewood Election Commission was called to order by Chairman Lay at 5:07 p.m. in the City Manager's Conference Room. 2. Roll Call Present: Absent: A quorum was present. Members Redpath, Ellis, Lay Members Holmberg, Mulhern (Clerk's note: Member Holmberg was absent due to illness.) 3. Citizen Forum There was no one present to address the Commission . 4. Consideration a. Proposed Charter Change -Article IV. Recall , Section 34 The Commission discussed suggesting amendments to the Charter to permit submission ofrecall, vacancy, initiative and referendum questions to the voters at general state elections . City Clerk Ellis noted that this became an issue last summer when a citizen initiated a recall effort. Even though the timing would have allowed the question to be posed to the citizens at a general municipal election, she said, it was an off-year for us . The fall election was a general state election, and based on Charter restrictions, we would have been looking at holding the recall election at special election in January. Both sides of the issue expressed dismay that the issue could not be held in conjunction with the November election. She pointed out that there is also the issue of the additional cost of conducting a special election. City Clerk Ellis explained that Charter restrictions regarding participation in general state elections were established prior to the advent of coordinated elections. The Election Commission reviewed Charter procedures relative to recall , vacancy, initiative and referendum and determined to propose changes which would allow the • • • Englewo od E lectio n Co mmi ssio n Marc h 1, 2001 Page 2 submission of re call , v acanc y, initi ati v e an d referendum quest ions to a g en eral sta te el ection. Additionall y, a r evi ew o f Article IV , R ecall rev ealed th at paragraph six and p aragraph nine contain rep etiti ve langu ag e . The Co mmission recommend e d changes in p aragraph nine to c larify th at this p aragraph w as meant to refe r to an e lect ion to fi ll a vac anc y. Member Lay moved, and Member Redpath seconded, to recommend submitting to a vote of the registered electors of the City of Englewood, amendments to Article IV, Recall, Section 34 and Article VI, Initiative and Referendum, Sections 46 and 47 generally as follows: Article IV. RECALL 34: Procedures. [Paragraph 6] Should a general municipal election, Ma special municipal election, or general state election be held within the 60 111 to 12ot1t da y after filing of the recall petition, the recall election shall be held in conjunction therewith. Should a general state eleetion be held within the aQ™ --t&-li-0™ -Gay after filing of the reeall petition, the reeall eleetion shall be held on the 4a™ -t&-9-0™ day after the general state eleetion. 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 r ecall is s ubmitted s hall set forth the following question: SHALL {NAME OF PERSO N 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 filled 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 municipal election, a special municipal election , or a general state election is to be held. [Paragraph 9] Should a general municipal election, Ma special municipal election , or a general state election be held within the 60 111 or 120 1 h day after filing of the recall petition election , the election to fill the vacancy shall be held in conjunction therewith. Recall elections and elections to fill a v acancy created b y a recall election shall not be subject to th e limitation set forth in Section 14 of the Home Rule Charter. Article VI. INITIATIVE AND REFERENDUM 46: Submissions. (Paragraph 1] If the petition accompanying the proposed ordinance is signed by register ed electors equal in number to ten percent (10 %) of the preceding gubernatorial vote in the city, with a request for a special el ection , the Council shall either pass said ordinance without alterations within thirty da ys a fter the petition is filed , subject to the referendum, or call a special municipal election , unle ss a • • • Englewood Election Commission March 1, 2001 Pa ge 3 general municipal election, &F special municipal election or general state election is to occur within ninety days thereafter. At such speeial, &F-general municipal election, special municipal election or general state election the Council shall submit said ordinance to a vote of the electors of the City. If the petition is signed by registered electors equal in number to at least five percent (5%) of the preceding gubernatorial vote in the city, and is filed with the City Clerk at least ninety (90) days before any a general municipal or general state election, the Council shall pass said proposed ordinance without alterations within thirty (30) days, or shall submit same to a vote of the electors at the next general municipal or state election. If the petition is not filed with the City Clerk at least ninety (90) days before the next general municipal or general state election, it shall be null and void. 47: Referendum. [Paragraph 2] If at any time within thirty (30) days after the final passage of an ordinance to which the referendum is applicable a petition signed by registered electors equal in number to at least ten percent (10%) of the preceding gubernatorial vote in the City, is presented to the Council protesting any ordinance going into effect, it shall reconsider such ordinance. If the ordinance is not entirel y repealed, Council shall submit it to a vote of the electors of the City as provided in the Initiative and Section 14 of this Charter, at the next general municipal election, &F-at-a special municipal election .o.r general state election. Such ordinance shall then go into effect without further publication if a majority of the electors voting thereon vote in favor of it. The Council , on its own motion , shall have the power to submit any proposed ordinance to a vote of the electors at a general or special election as provided and limited in this Charter. No provision of this Charter shall be construed as limiting the right of Council to refer to any ordinance subject to referendum. If provisions of two or more proposed ordinances adopted or approved at the same election conflict, the ordinance receiving the highest affirmative vote shall become effective . Vote results: Ayes : Nays : Absent: Motion carried. 5. Discussion Members Lay, Redpath , Ellis None Members Holmberg, Mulhern a . Petition "for selection of Englewood Emplo yees Association as the certifi ed employee organi zation to represent the bargaining unit o f full- time classified non-emergency employees " City Clerk Ellis ad vised the Commission th at the petitions seeking to replace AFS CME with the Englewood Emplo yee Associ ation as th e barga ining unit for full-tim e cl assifi ed non-emer ge nc y emplo yee s, w ere submitted to the Cit y Clerk 's o ffice . Deput y City Clerk White and Deputy City Clerk Castle have determined that the petitions are sufficient. Ms . Ellis explained the process , which is set forth in the Englewood Municipal Code 2000 § 3-2. City Clerk Ellis advised the Election Commission that the y are responsible for overseeing the election process. The election is to be conducted under the direction and supervision of the Election Commission . On Tuesday, M arch 6, 2001 , the Hearing Officer w ill hold • • • Englewood Election Commission March 1, 2001 Page 4 a Pre-Election Conference . Ms . Ellis stated she would be in attendance , along with the Hearing Officer, the Director of Human Resources, one representative of the petitioners and one representative of AFSCME. At the Pre-Election Conference they will be charged with approving a Consent Election Agreement. The Code requires th at the Agreement contain three things , a definition of the appropriate unit , the time and place of the election and the payroll period to be used in determining the employees within the appropriate unit who will be eligible to vote. Cit y Clerk Ellis reviewed the draft of the paper ballot, the return envelope and the procedures. She advised the Code requires that the election be held within 21 days after the approval of the Consent Election Agreement. Election timeframes were discussed. Ms. Ellis stated that the ballots would be counted in the City Manager's Conference Room, on the third floor , and would be open to anyone who wanted to observe. A discussion ensued regarding the proposed election procedure. Ms. Ellis advised that she would be recommending that there be only one ballot box , which would be in the City Clerk's office (central cash) for security reasons and that each voter would be required to vote in person. Ms . Ellis reviewed the Commission's responsibilities on election night. Member Redpath advised he would not be able to participate as he would be on vacation . City Clerk Ellis asked that the Commission review the material she passed out and encouraged them to call her with any comments , changes or concerns. She stressed that these were all just drafts and had to be reviewed by the Hearing Officer. Ms. Lay asked how everyone would get their ballot. Ms. Ellis said it would be through inter-office mail. 6. November 6, 2001 Election (a) Approval of recommendation to Council that the City of Englewood participate in a coordinated election with Arapahoe County on November 6, 2001 City Clerk Ellis advised that she anticipated the County would be conducting the election by mail ballot. Ms . Ellis passed out § 1-8-1 of the Englewood Municipal Code 2000 which addresses municipal elections, a copy of the Colorado Fair Campaign Practices Act, the City of Englewood Council District Map and the City of Englewood election sign policy memo. City Clerk Ellis advised that the Commission would be reviewing redistricting in 2003. A short discussion ensued regarding the redistricting process . • • • Englewood Election Commission March 1, 2001 Page S Ms . Ellis noted that candidate packets will be available on July 2nd, but she was more than willing to discuss the process with interested citizens at any time. She stressed the importance of filing the Candidate Affidavit within ten days of announcing candidacy. Discussion ensued regarding the City's participation in the November 6, 2001 coordinated election. The Commission agreed that it was in the best interest of the citizens to participate in the coordinated election. City Clerk Ellis reminded the Commission that she would be calling on them to assist in the lot drawing to determine the placement of the candidate's names on the ballot. MEMBER REDPATH MOVED, AND MEMBER LAY SECONDED, TO RECOMMEND THAT THE CITY OF ENGLEWOOD PARTICIPATE IN A COORDINATED ELECTION WITH ARAPAHOE COUNTY FOR THE NOVEMBER 6, 2001 ELECTION. Ayes: Members Lay, Redpath, Ellis Nays: None Absent: Members Holmberg, Mulhern Motion carried. 7. Member's Choice There were no additional comments or concerns. 8. Transmittal of Miscellaneous Items There were no miscellaneous items to discuss. 9. Adjournment The meeting was adjourned at 6:05 p.m . ELECTION COMMISSION Telephone Poll April 11, 2001 The Telephone Poll was conducted by the City Clerk 's office from April 10, 2001 through April 11, 2001. · I CONSIDERATION OF MINUTES: (a) March 1, 2001 Meeting Vote results: Ayes : Nays: Abstain : Minutes approved. Members Lay , Redpath, Ellis None Members Holmberg , Mulhern 'd(!{·