HomeMy WebLinkAbout1998-05-13 EC MINUTES..
ENGLEWOOD ELECTION COMMISSION
May 13, 1998
1. Call to Order
The meeting of the Englewood Election Commission was called to order at 5:05 p.m . by
Chairman Jo Lay.
2. Roll Call
Present:
Absent:
A quorum was present.
Lay, Redpath , Warren , Ellis
None
[Clerk's note: a vacancy currently exists due to the resignation of Sunday Aigbe.]
3. Approval of June 2, 1997 Minutes
MEMBER WARREN MOVED, AND CHAIRMAN LAY SECONDED, TO APPROVE THE
MINUTES OF THE MEETING OF JUNE 2, 1997.
Ayes :
Nays:
Abstain :
The motion carried .
Lay, Warren , Ellis
None
Redpath
[Clerk's note: Mr. Redpath abstained because he was not appointed to the Election
Commission until July 7 , 1997.]
4. Election of Chairman
MEMBER WARREN MOVED, AND MEMBER REDPATH SECONDED, TO ELECT JO LAY
CHAIRMAN OF THE ENGLEWOOD ELECTION COMMISSION FOR 1998.
Ayes : Ellis , Redpath , Warren , Lay
Nays: None
The motion carried.
5. Review -Election Procedures Manual
City Clerk Ellis told the members that the Election Procedures Manual was created in 1991 and
that many changes to the election laws have occurred since then. She explained that she is still
in the process of updating t he document and said that , upon completion , she would like to mail it
to the members of the Commiss ion for their suggestions . The members agreed. Ms. Ellis
Englewood Election Comm ission
May 13 , 1998
Page 2
added that, if there are any real concerns , she may have the members come in and discuss
them one on one with her.
6. Discussion -Redistricting
City Clerk Ellis advised that, by Charter, we are supposed to redistrict every four years. When
we went through the Recall Election , problems arose because there were splits between County
precincts and City districts. The County has worked out two of our issues where we had a split
in Districts 1 and 2 , and 3 and 4 , she said , by changing their precinct lines so that our internal
problems within the City have been taken care of. The County does not expect to reprecinct
again until Spring of 2001 , after the 2000 census figures are in , so they will not be able to help
us with any district changes we might make until after the Spring of 2001 , she adv ised . Ms . Ellis
said she has requested a letter to that effect from the County , to present to Council along with a
Council communication , if we do , indeed , request a delay in redistricting until 2001 .
Mr. Redpath asked if it looks like the districts will have to change , due to the 5% rule . Ms . Ellis
responded that the City of Englewood is looking at getting a computer program whereby we
could tap into some population/reg istered e lectors figures through the County . If we find that we
meet the population and registered elector criteria and can leave our districts as is , she said her
recommendation to the Commission would be that they recommend we redistrict with the same
lines . She commented that , if residential units are built on part of the Cinderella C ity site , it may
impact the redistricting . If it turns out, by the end of the year, that we cannot obtain those
figures from the County, Ms . Ellis said she would ask that the Commission recommend to
Council that they hold off on redistricting until the County re-precincts in the Spring of 2001 .
She assured the members that she will let them know as soon as she knows , adding that, by
Charter, we must have redistricting in place six months before the November election , which
would be May.
*****
Mr. Redpath said he has not seen the results of the legislative session, and asked if it will affect
the commission. Ms . Ellis and Ms . Lay responded that they did not know , but Ms . Lay said she
would find out.
*****
7. Review-Election Sign Policy
Chairman Lay asked if there were changes in the Election Sign Policy . Ms . Ell is responded that
there were problems during the last election . A meeting was held , and this sign code policy was
created . She asked the members to review it and make a recommendation to the Planning and
Zoning Commission.
Clarifying, Ms. Lay asked if all complaints will first come to the City Clerk's office, and then be
forwarded, depending on which category the complaint falls into. Ms . Ellis responded
affirmatively, adding that this is also the way it was handled during the last election. She
advised that, most often , sign violations do not occur maliciously, but just through error. It would
be preferable to have the opportun ity to handle these issues in a nice manner, she opined . The
incorrectly placed signs would be b rought to the Clerk's office, so that the candidate can be
Englewood Election Commission
May 13, 1998
Page 3
notified to pick them up. With this policy, everyone would be following the same procedure and
everyone would be treated the same, she said.
Discussion ensued regarding the placement of signs .
Ms. Ellis reiterated that the intent of this policy is to resolve problems before they happen , give
clear cut directions and have the removed signs in one location for the candidate to retrieve.
Ms . Lay said the Clerk would have Code Enforcement respond to calls about too many signs
and have Public Works respond to concerns about public right of way. She asked if the City
would act, through the City Clerk, upon complaints only. Ms. Ellis suggested adding to the
policy that the City Clerk would act only upon receiving a complaint regarding election signs .
She said, if a complaint was phoned in directly to one of the departments, she hopes they would
advise her. Ms. Ellis said she would add some verbiage to the policy and send it out again for
the members' approval.
Mr. Redpath said he would like to see something added to the policy that would ask other
departments to inform the City Clerk if they have received a complaint directly.
Ms. Ellis said she would try to send this out for the members' approval with the Election
Procedures Manual. She asked if the members had an issue with the numbers of signs
allowed. All members agreed that the current limits are satisfactory. Ms . Ellis said she does not
believe the sign code policy must be approved by the Planning and Zoning Commission, since
the Election Commission is not recommending a change in the number of signs . All members
agreed .
8. Discussion -November 3, 1998 Election
City Clerk Ellis told the members that Frank Gryglewicz, Director of Financial Services, will be
asking Council to include another Charter change on the ballot in 1998, referencing Section
110, which is bond sale limitations . The proposed change removes the phrase "The bonds shall
be sold to the highest and best bidders for cash and to the best advantage of the City ... " and
replaces it with "The bonded debt of the City shall be sold in such manner that is at best
advantage of the City. The bonds may be sold by negotiated sale, private placement or
competitive bid." She advised that, on June 1, 1998, Council will receive this proposed ballot
question, along with the ballot question recommended by the Election Commission . Ms . Ellis
told the members that she would appreciate their attending this Study Session , if possible .
a) Proposed Ballot Question -amending Charter relative to Initiative and
Referendum
In relating some history with regard to the creation of this proposal, Ms . Ellis explained that, in
1994, she received an inquiry about how to proceed with the initiative and referendum
procedure. At that time, she became aware that participating in a coordinated election moves
all of the election dates forward . To meet the guidelines in the Charter for initiative and
referendum, and to be able to give the citizens the amount of time that was due them, we would
have missed the deadline for the election, she said. She proposed that the members
recommend two Charter changes be made, whereby the two references to sixty day limits would
Englewood Election Commiss ion
May 13, 1998
Page4
become ninety day limits. Even at that, she asserted, we would be squeaking by, because it
ends up being exactly the day that the ballot must be cert ified to the County. This would allow
us , however, to meet our obligations to the County in a timely manner and still be fair to
everyone, she said .
Ms . Ellis stated that this change would be one of the final pieces in cleaning up the Charter
relative to elections . She invited the members to bring any other discrepancies to her attention
in the next two weeks , because she would like this to be very clean , so that we will not have to
keep going back to the voters with clean-up issues . She asked that the members approve the
proposal , contingent upon any calls she might receive from the members in the next couple of
weeks recommending any other items they would like changed.
MEMBER ELLIS MOVED, AND MEMBER WARREN SECONDED, TO APPROVE THE
PROPOSED CHANGES TO THE INITIATIVE AND REFERENDUM SECTION OF CHARTER,
CONTINGENT UPON ANY ADDITIONAL CHANGES FROM THE MEMBERS OF THE
ELECTION COMMISSION IN THE NEXT TWO WEEKS .
Ayes : Lay , Redpath, Warren , Ellis
Nays : None
The motion carried .
b) Proposed revisions to EMC 1-8-MUNICIPAL ELECTIONS
City Clerk Ellis said she is doing the same thing with the Code that she did with the Charter.
Discussion ensued regarding the re-wording of parts of this Section . W ith regard to §1-8-4 :
Voting Machines, Mr. Redpath suggested using the phrase "a qualified vendor'' in place of "the
City and County of Denver'' when referring to places where such machines may be rented or
leased .
Ms . Ellis noted that §1-8-2 : Voter Registration , is completely crossed out. The National Voter
Registration Act is so far above this, she said , that this Section is not even pertinent any more .
§1-8-3 : Absentee Ballots is covered by State Statutes , and has been deleted also , she advised .
She also noted that the Section on Vot ing Machines only refers to polling place elections , and
would have nothing to do with mail ballot elections .
MEMBER WARREN MOVED, AND CHAIRMAN LAY SECONDED, TO APPROVE THE
PROPOSED REVISIONS TO §1-8 ENGLEWOOD MUNICIPAL CODE 1985.
Ayes : Lay, Redpath , Warren, Ellis
Nays : None
The motion carried.
9. Members' Choice
Englewood Election Commission
May 13, 1998
Page 5
(a) City Clerk Ellis asked for a recommendation for the City of Englewood to
participate in a coordinated election with Arapahoe County in November, 1998.
MEMBER REDPATH MOVED, AND MEMBER ELLIS SECONDED, TO RECOMMEND THAT
THE CITY OF ENGLEWOOD PARTICIPATE IN A COORDINATED ELECTION WITH
ARAPAHOE COUNTY IN NOVEMBER, 1998.
Ayes : Lay, Redpath , Warren, Ellis
Nays: None
The motion carried.
10. Adjournment
CHAIRMAN LAY MOVED TO ADJOURN. The meeting adjourned at 6 :15 p.m.
* * * * *