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HomeMy WebLinkAboutagenda.council.worksession.20100420AGENDA CITY COUNCIL WORK SESSION APRIL 20, 2010 4:30 PM MEET WITH ELECTION COMMISSION Council's expectations of Election Commission II. Term of Election Commission Attach: Charter City's Board Legislation III. November Ballot Issues Attach: Charter Amendment a. Previously Used Run Off Election b. No Run Off Election ELECTION COMMISSION Enabling Legislation Section 2.4 Charter of the City of Aspen An election commission is hereby created, consisting of the city clerk and two (2) qualified and registered electors of the city, who during their term of office shall not be city officers of employees or candidates or nominees for elective city office. Powers and Duties -The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the city. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the commission may require proof of residency by any person registered to vote. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns, and for issuance of appropriate certificates. C.R.S. 31-10-105 Election commission The election commission in municipalities having such commission has all the powers and jurisdiction and shall perform all the duties provided by this article with respect to clerks and governing bodies, but the election commission does not have the authority to call a special election. Section 2.4. Election commission. An election commission is hereby created, consisting of the city clerk and two (2) qualified and registered electors of the city, who during their term of office shall not be city officers or employees orcandidates or nominees for elective city office. These two (2) members shall be appointed by the council in the first July following a regular city election for a term of two (2) years, and shall serve without compensation. The city clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the city. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in quesfion. Upon a showing for good cause, the commission may require proof of residency by any person registered to vote or attempting to register to vote in the City of Aspen. Said person shall not be qualified to vote in any municipal election until the commission is satisfied that he has presented sufficient proof of residency as required by law or by ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns, and for issuance of appropriate certificates. Section 8.2. Composition of boards and commissions. No member of the city council, the mayor, any city employee, nor any appointed city official shall serve on any permanent board or commission heretofore established or hereafter established by council during his or her tenure as councilman, mayor, city employee or appointed official. Every member of a permanent board or commission established by this Charter and appointed by council shall be a resident of the City of Aspen for at least one (1) yeaz and shall be a qualified elector, with the excepfion of the board of appeals and examiners which shall be composed of members who are either residents of the City of Aspen or of the Pitkin County for at least two (2) years. Terms of appointment to such boards and commissions shall not exceed four (4) yeazs. There shall be no limitation on the number of terms a member may serve on any permanent board or commission. (Ord. No. 49-1980, § 1; Ord. No. 35-2001, § 1) ELECTION COMMISSION Kathryn Koch, Chair City Clerk Robert Leatherman apt. 3/2010 exp. 7/2011 Ward Hauenstein apt. 3/2010 exp. 7/2011 Enabling Legislation Section 2.4 Charter of the City of Aspen An election commission is hereby created, consisting of the city clerk and two (2) qualified and registered electors of the city, who during their term of office shall not be city officers of employees or candidates or nominees for elective city office. Powers and Dufies -The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the city. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the commission may require proof of residency by any person registered to vote. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns, and for issuance of appropriate certificates. Meetings There are no regularly scheduled meetings. The election commission meets when needed, during election season. Membership Qualification -Registered Elector of the City of Aspen. Term -Two years, appointed in July odd years. Number -Three, one of which is the City Clerk, who shall be chairman. In the past the two members have been a registered Republican and a registered Democrat Past Members Elizabeth Milias Christopher Bryan Peter Nicklin Pat Fallin Jim True Michael Christopher Lennie Oates Previously Used Run Off Elections ORDINANCE NO. (SERIES OF 2009) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY OF ASPEN HOME RULE CHARTER BY AMENDING SECTIONS 2.7 AND 3.2, TO ELI11ffiVATE INSTANT RUN OFF PROCEDURES AND RE-INSTATE PREVIOUSLY USED RUN OFF ELECTION PROCEDURES FOR THE OFFICES OF MAYOR AND COUNCILMEN; AND, TO AMEND THE REQUISITE NUMBER OF VOTES NEEDED TO BE ELECTED TO THE OFFICES OF MAYOR AND COUNCILMEN. WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to eliminate instant run off voting procedures and re-instated previously used run-off elections for the election of the offices of Mayor and Councilmen, and; WHEREAS, the City Council desires to amend the City of Aspen City Charter to amend the requisite votes needed to be elected to the office of Mayor and Councilmen; and WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule municipalities to amend their home rule charters through such procedures as maybe enacted by the state general assembly; and WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets forth the procedures for amending a city's home rule charter requiring the adoption of an ordinance, including a ballot title for the proposed amendment, and submission of the proposed amendments to the electorate; and, WHEREAS, Section 13.10 of the City Charter of the City of Aspen authorizes amendments to the City Charter in the manner prescribed by the state constitution; and WHEREAS, the City Council finds that allowing the voters of the City of Aspen an opportunity to amend their City Charter as described in this Ordinance is an emergency Page 1 of 5 necessary for the promotion of the public health, safety, and welfare and is necessary to implement immediately to preserve the general well-being of the citizens of the City of Aspen, all in accordance with Section 4.11 of the City of Aspen Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Section 1• Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety and readopted to read as follows: Section 2.7. Run-off elections In the event of a run-off election is necessitated for the offices of mayor or councihnen, said election shall be held the first Tuesday in June following the municipal election. The run- off election shall be held in the same manner as the municipal election, except: (a) Certificate of candidates and publication of election notice shall be on or before the tenth (1 Oa') day before the run-off election. (b) If a run-off for mayor is required, the two (2) persons with the highest number of votes for mayor in the municipal election shall appeaz on the ballot for mayor. (c) If a run-off election is required for two vacancies for the office of councilman, then the four (4) persons not elected to office with the highest number of votes for councilman in the municipal election shall appeaz on the ballot for councilmen. The two persons receiving the highest number of votes in the number-off election shall be elected for a four yeaz term. In this event, each voter shall be allowed to cast two votes for the office of Councihnember. (d) If a run-off election is required for one vacancy for the office of councilman, then the two (2) persons not elected to office with the highest number of votes for councilman in the municipal election shall appeaz on the ballot for councihnen. The person receiving the highest number of votes in the run-off election shall be elected for a four yeaz term. In this event, each voter shall be allowed to cast one vote for the office of Councihnember (e) The number of candidates shall be arranged in the same order as they appeazed in the municipal election. As soon as the polls aze closed after every run-off election, the judges shall determine the number of votes cast for each candidate and make return thereof to the election Page 2 of 5 commission and the candidates receiving the greatest number of votes cast at said election shall be declared elected. As soon as the polls aze closed after every run-off election, the judges of election shall immediately lock and seal each voting machine or ballot box against further voting and each such machine or ballot box shall remain so locked and sealed for a period of seven (7) days unless ordered by the court. Section 2• Section 3.2 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to read as follows: Section 3.2 Terms of office for councilmen The terms of office for councilmen shall be for four (4) yeazs. At all municipal elections, the two (2) candidates receiving the highest number of votes shall be elected for a four year term, provided that the candidate receives forty-five percent (45%) plus one vote, or more, of the votes cast for the office ("votes cast for the office" shall be calculate by dividing the sum of all votes cast for all candidates by two (2).) In the event that the number of elected candidates shall be less than the number of vacancies following the municipal election, the run-off election shall be held in accordance with Section 2.7. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Page 3 of 5 This ordinance shall become effective only upon approval of the electorate of the City of Aspen at the special municipal election to be held on November 3, 2009, of the following ballot question: Amendment to Home Rule Charter to require run-off elections Shall Ordinance No. ,Series of 2009, be approved to amend Section 2.7 of the City of Aspen Home Rule Charter to eliminate the current instant run-off election voting procedures and re-adopt the previously used run-off voting procedures for the election of Mayor and members of Council; and, to amend Section 3.2 to require members of Council to be elected by forty-five percent (45%) plus one vote, or more, of the total votes cast for the office? Yes [ ] No [ ] A public hearing on this ordinance shall be held on theme at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado Section 6• The City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance in a newspaper of general circulation within ten (1) days, or as soon as possible thereafter as possible. INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided bylaw, by the City Council of the City of Aspen on the day of August 2009. Attest: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this Michael C. Ireland, Mayor Attest: Page 4 of 5 day of 2007. Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Page 5 of 5 No Run Off Election ORDINANCE NO. (SERIES OF 2009) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY REPEALING SECTION 2.7 TO ELIlVIINATE INSTANT RUN-OFF VOTING PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL; TO AMEND SECTION 3.2 TO CHANGE THE REQUISITE NUMBER OF VOTES NEEDED BY COUNCIL MEMBERS FOR ELECTION AND THE REQUIREMENT FOR ANY TYPE OF RUN-OFF ELECTION; AND, TO AMEND SECTION 3.3 TO DELETE THE REQUIItEMENT FOR ANY TYPE OF RUN-OFF ELECTION FOR THE OFFICE OF MAYOR WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to eliminate all types of run-off elections for the offices of Mayor and members of Council, and; WHEREAS, the City Council desires to amend the City of Aspen City Charter to amend the requisite votes needed to be elected to the office of Mayor and Council Members; and WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule municipalities to amend their home rule charters through such procedures as may be enacted by the state general assembly; and WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets forth the procedures for amending a city's home rule charter requiring the adoption of an ordinance, including a ballot title for the proposed amendment, and submission of the proposed amendments to the electorate; and, WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the City Charter in the manner prescribed by the state constitution. WHEREAS, the City Council finds that allowing the voters of the City of Aspen an opportunity to amend their City Charter as described in this Ordinance is an emergency Page 1 of 4 necessary for the promotion of the public health, safety, and welfaze and is necessary to implement immediately to preserve the general well-being of the citizens of the City of Aspen, all in accordance with Section 4.11 of the City of Aspen Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Section 1: Section 2.7 of Article lI of the Home Rule Charter of the City of Aspen is hereby deleted in its entirety. Section 2: Section 3.2 of the Home Rule Charter shall be amended to read as follows: Section 3.2 Terms of office for council members. The term of office for council members shall be for four (4) years. At all municipal elections, the two (2) candidates receiving the highest number of votes shall be elected for a four yeaz term. Each voter shall be allowed to vote for two candidates for the office of Councihnember. Section 3: Section 3.3 of the City of Aspen Home Rule Charter shall be amended to read as follows: Section 3.3 Mayor The mayor shall be elected at lazge from the entire city for a term of two (2) years. The candidate receiving the highest number of votes shall be elected mayor. The Mayor shall preside at meetings of the council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him or her by this Charter or the ordinances of the City. He or she shall have all of the powers, rights, privileges and obligations of a council member. He or she shall be recognized as the head of the government for all ceremonial and legal purposes and he or she shall execute and authenticate legal instruments requiring his or her signature as such official. Page 2 of 4 Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: This ordinance shall become effective only upon approval of the electorate of the City of Aspen at the special municipal election to be held on November 3, 2009, of the following ballot question: Amendment to Home Rule Charter regarding Mayor and Council elections Shall Ordinance No. ,Series of 2009, be approved to repeal Section 2.7 of the City of Aspen Home Rule Charter to eliminate instant run-off voting procedures for the election of Mayor and members of Council; to amend Section 3.2 to change the requisite number of votes needed by council members for election and the requirement for run-off elections; and, to amend Section 3.3 to delete the requirement for run-off elections for the office of Mayor? Yes [ J No [ ] A public hearing on this ordinance shall be held on the_, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of August 2009. Attest: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk day of 2007. Michael C. Ireland, Mayor Page 4 of 4