Loading...
HomeMy WebLinkAboutordinance.council.035A-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1973) AN ORDINANCE ESTABLISHING PROCEDURES FOR THE RECALL OF PUBLIC OFFICIALS; DESCRIBING lVHEN OFFICIALS ARE SUBJECT TO RECALL; PROVIDING FOR SUBMISSION OF RECALL PETITIONS, CERTIFICATION THEREOF AND PROTESTS AGAINST; ESTABLISHING RECALL ELECTION PROCEDURES; DESCRIBING THE OFFICIAL RECALL BALLOT; PROVIDING FOR ELECTIONS TO FILL A VACANCY CREATED BY RECALL AND FOR DISQUALIFICATION OF RECALLED OFFICIALS; AND DECLARING THAT AN EMERGENCY EXISTS. WHEREAS, the Colorado Constitution and the Aspen Cha~ provide for the adoption of local recall procedures by~i~a~ WHEREAS, there are now existent conflictin~ ~n~ti!utional, C~arter and statutory recall revisions th annot be' recon- c'led~ without considerabt~lff~r°t and~i~o ~he people and officials of the City of .~ ~en, and WHEREAS, the City~Co~cil~is des~s of establishing clear procedures for r.~a~l p~iB~o~ ~d election, and for replacing recalled~/icials,I~ ~ .~i~\~d~°{d°ing so as quickly as possible to protect '~e right ~ecall of the people and to avoid costly and uncertain ~pr~cedures for city administration. NOW, THEREFORE, BE ~TfORDAINED BY THE CITY COUNCIL OF · ~iy°~l~ti~t~iT~i~c~Yo~et~c~i~;dof Aspen may be recalled, after his having actually held office for at least six (6) months, by the electors entitled to vote for a successor of such incumbent, through the procedure and in the manner provided in this article, which procedure shall be known as the recall of city officials. RECORD OF PROCEEDINGS 100 Leaves Section 2. Petition Procedure The procedure to effect the recall of an elective officer of the city shall be as follows: (a) A petition signed by electors entitled to vote for a successor of the incumbent sought to be recalled equal in number to twenty-five (25%) per centum of the entire vote 'cast at the last preceding election for all candidates for the position which the incumbent sought to be recalled occupies, demanding an election of the successor to the officer named in said petition, shall be filed with the office of the City Clerk. (b) Provided, however, if more than one person is required by law to be elected to fill the office of which the person sought to be recalled is an encumbent, then the said petition shall be signed by electors entitled to vote for a successor to the encumbent sought to be recalled equal in number to twenty-five (25%) per centum of the entire vote cast at the last preceding general election for all candidates for the office, to which the encumbent sought to be recalled was elected as one of the officers thereof, said entire vote being divided by the number of all officers elected to such office~, at the last preceding general election. (c) Such petition shall contain a general statement, in not more than two hundred words, of the ground or grounds on which such recall is sought, which statement is intended for the information of the electors, and the electors shall be the sole and exclusive judges of the legality, reasonableness and sufficiency of such ground or grounds assigned for such recall (2) RECORD OF PROCEEDINGS 100 Leaves and said ground or grounds shall not be open to review. (d) Any recall petition may be circulated and signed in sections, provided that each section shall contain a full and accurate copy of the title and text of the petition. The signatures to such recall petition need not all be on one sheet of paper, but each signer must add to his signature the date of his signing said petition and his place of resi- dence, giving his street number. The person circulating such sheet must make and subscribe an oath on said sheet that the signatures thereon are genuine, and a false oath, willfully so made and subscribed by such on/l shall be perjury and be punished as such. (e) The petition shall also give the name and address of that person (or persons) who represents the signers thereof, which person (or persons) shall be responsible for circulating and filing the petition in proper form and to whom any notices required herein may be sent. Section 3. Amendment of Petition Within fifteen (15) days of the filing of said petition, the City Clerk shall ascertain by examination of the petition and registration books whether the petition is signed by the requisite number of qualified electors, and shall attach thereto his certificate showing the result of such examination. If the petition is insufficiert he shall forthwith, in writing, notify one or more of the persons designated on the petition as r e.presenting the signers thereof. The petition may be with- drawn and amended within fifteen (15) days from the filing of the certificate. The City Clerk, within five (5) days -(3) RECORD OF PROCEEDINGS 100 Leaves after such amendment, shall make like examination of the amended petition and attach thereto his certificate of the result. If the petition is still insufficient, he shall return it to one of the persons designated thereon as representing the signers thereof, without prejudice to the filing of a new petition for the same purpose. Section 4. Protest Procedure Ail petitions shall be deemed and held to be sufficient if so certified by the City Clerk unless a protest in writing under oath shall be filed with the City Clerk by a qualified elector. (a) Such protest must be filed with the City Clerk within fifteen (15) days after the petition is certified sufficient. (b) The protest must set forth specifically the grounds of such protest. (c) The City Clerk shall forthwith mail a copy of such protest to a person named in such petition as representing the signers thereof, together with a notice fixing a time for hearing such protest not less than five (5) nor more than ten (10) days after such notice is mailed. (d) All hearings shall be held before the Clerk and all testimony shall be under oath. Such hearings shall be suzrmlary and not subject to delay and must be concluded within fifteen (15) days after such protest is filed. The result of the hearing shall be certified to a person representing the signers of such petition. (4) RECORD OF PROCEEDINGS 100 LeAves Section 5. Appeal of Determination of Insufficiency The finding of insufficiency pursuant to Section 3 or 4 hereof may be reviewed by any state court of general juris- diction in Pitkin County, Colorado, upon application of the person (or persons) representing the signers of such petition, but such review shall be had forthwith. Section 6. Elect~on under Recall Petition Unless Officer Resigns If the pe~tion (and amendments thereto) shall be found by the City Clerk to be sufficient pursuant to Sections 3 adn 4 above, he shall submit the same with his certificate to the City Council without delay, and the City Council shall, if the officer sought to be removed does not resign within five (5) days thereafter, thereupo~ order an election to be held on a Tuesday fixed by them not less than thirty (30) days ~or~ more than sixty (60) days from the date of the City Clerk's certificate that sufficient petition was filed; provided, however, that if any other municipal election is to occur within one hundred twenty (120) days from the date of the Clerk's certificate, the council may, at its discretion, postpone the holding of the recall election to the date of such other muni- cipal election. If the officer shall resign within the 5 day period above described, the vacancy shall be filled as provided by law. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as in this ordinance is provided. Section 7. Official Recall Ballot - Election On the determination to hold a recall election: (a) The officers charged by law with duties concerning elections shall make all arrangements for such (5) RECORD OF PROCEEDINGS 100 Leaves election, and the same shall be conducted, returned, and the results thereof declared in ali respects as in the case of municipal elections. (b) On the official ballot at such elections shall be printed in not more than two hundred words, the reasons set forth in the petition for demanding 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. (c) 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 office of (title of office)?" Following such question shall be the wDrds "Yes" and "No", on separate lines, with a blank space at the right of each, in which the voter by marking a cross (X), his vote for or against shall indicate, such recall. (d) 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 office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. (e) If a majority of those voting on said question of the recall of any incumbent from office shall vote "No", said incumbent shall continue in office; if a majority vote "Yes", such incumbent shall thereupon be deemed removed from office. (6) RECORD OF PROCEEDINGS 100 I.e~wes (f) If the vote had in such reca~ election shall recall the officer, then 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. When more than one official is sought to be recalled, if the term of office of all such incumbents expires at the same time, all nominations shall be considered as being to elect a successor or successors to any or all of such incumbents as may be recalled. If more than one official is sought to be recalled, and the terms of all do not expire at the same time, then the nominating petitions must specify the unexpired term for which the nominee is candidate. Such successor or successors shall take office at the next regular Council meeting. Section 8. Disqualification from Office No person who has been recalled or has resigned while recall proceedings were pending against him shall serve the City in any capacity, other than an elective office, within two (2) years after such removal or resignation. Section 9. Declaring an Emergency By reason of the fact that the adoption of established recall procedures as soon as possible is necessary to preserve for the people of the City of Aspen a reasonable right of recall, and knowing that the holding of a recall election would cost the City considerable expense and delay in the event of the initiation of a recall proceeding without the benefit of established procedures, it is hereby declared that an emergency exists and that this ordinance is necessary to the immediate preservation of the public health, welfare and good. (7) RECORD OF PROCEEDINGS 100 Leaves Section 10. Severab~lity Provision If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are declared to be severable. Section ll. Public Hearing A public hearing on this ordinance shall be held on , 1973, at 5 p. m., in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLIStlED as provided by law by the City Council of the City of Aspen, Colorado, on the day of , 1973. ATTEST: Mayor City Clerk FINALLY ADOPTED, PASSED AND APPROVED as provided by law by the City Council of the City of Aspen, Colorado, on this day of , 1973. ATTEST: Mayor City Clerk