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HomeMy WebLinkAboutordinance.council.024-14 ORDINANCE NO. 24 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY AMENDING SECTIONS 3.8, TO MODIFY THE MANNER IN WHICH VACANCIES IN THE OFFICE OF COUNCIL AND MAYOR ARE FILLED. WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to modify the manner in which a vacancy in office of Mayor or Council is filled, including through a municipal election, 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 amendment 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Section 1: Section 3.8 of Article III of the Home Rule Charter of the City of Aspen is repealed in its entirety and readopted to read as follows: Page I of 4 Section 3.8. Vacancies. (a) An elected officer shall continue to hold his office until his successor is duly qualified or until a vacancy is created as set forth herein. An elective office shall become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, commences or continues service as an elected official for another governmental entity including any county or state elected office, ceases to be a resident of the City, or is convicted of a felony. (b) In the event of any vacancy in an elective office created pursuant to terms of subsection (a), above, the position shall be filled as follows: (1) In the event of any vacancy, the seat may be filled by appointment of the remaining Council members. The selection of the appropriate individual may be made through any selection procedure or method that the majority of the Council deems appropriate, including but not limited to such election methods as approval voting or cumulative voting. Such selection shall be completed within thirty (30) days of the creation of the vacancy. An individual appointed by Council shall serve until the next general municipal election. If Council by a majority vote decides not to or otherwise fails to make such appointment within thirty (30) days of the creation of the vacancy, then such vacancy shall be filled by the voters of the City of Aspen, as set forth in subsections (b) (2) and (3), below. (2) In the event Council by a majority vote decides not to make an appointment or otherwise fails to make such appointment within thirty (30) days of the creation of the vacancy as set forth in paragraph (b) (1) of this Section, or if three (3) or more vacancies exist simultaneously, or if a vacancy occurs because of a recall of a Council member, then such vacancy or vacancies shall be filled by the voters of the City of Aspen in the next available previously scheduled state or county election, the next general municipal election or a special election set by the Council, whichever is earlier. If the vacancy is filled by election, the elected individual shall serve the remainder of the vacated term. (3) In the event that a vacancy is filled by an election conducted as part of a coordinated state or county election, at a general municipal election or at a special election, such election shall be conducted and determined pursuant to state statute and Articles II and III of this Charter, except as provided below: (i) If there is one vacancy for Council to be filled, the candidate receiving fifty-percent plus one of the votes shall be deemed elected. (ii) In the event of an election to fill a vacancy, whether for Council or for Mayor, if no candidate receives the number of votes needed to be deemed elected, then a run-off of the two candidates with the highest vote totals shall be held on the Tuesday five weeks following the initial election. (iii) The Candidate elected pursuant to this Section shall be sworn into office at the next regular council meeting following the certification of the election. Page 2 of 4 (c) Notwithstanding any provision to the contrary set forth in this section 3.8, the city council may, by ordinance, adopt special procedures for the election of the successor to a recalled councilmember or the mayor, such election to be held simultaneously with the recall election. Section 2. 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 3. 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 separate,distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: 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 4, 2014, of a ballot question in substantially the form that follows: CITY OF ASPEN REFERENDUM NO. _ AMENDMENT TO CITY CHARTER—MANNER IN WHICH A VACANCY IN AN ELECTED OFFICE IS FILLED AND CLARIFICATION OF WHEN A VACANCY IS CREATED. Shall Ordinance No. 24, Series of 2014,be approved? Ordinance No. 24, Series of 2014, if approved,amends sections 3.8 of the City of Aspen Home Rule Charter to modify the method of filling a vacancy that may occur in any city elected office, including the requirement or authority to fill a vacancy by an election of the voters of the City of Aspen and clarifying when a vacancy is created. Yes [] No [] Page 3 of 4 Section 5• A public hearing on this ordinance shall be held on the 25`h day of August, 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 (10) days, or as soon as possible thereafter as possible. INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by law, by the City Council of the City of Aspen on the I Ph day of August, 2014. \Attest: Linda Manning, City Cler Ste en adro r FINALLY adopted, passed and approved this 25"' day of August 2014. Attest: Linda Manning, City Clerk Steven Skadr , Mayor Page 4 of 4 THE CITY OF ASPEN LEGAL NOTICE IRDINANCES 24 and 25, 2014 PUBLIC HEARING linances #24 and '25, Series of 2014 were adopted on ding at the City Council meeting August 11th, 2014. Th finances, if adopted, will amend Charter Section 3.8 relate ancil and Mayor vacancies and add Section . 3. 10 term lin public hearing on these ordinances is scheduled for Au( 2014 at 5:00 p. m . City Hall, 130 South Galena. . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . To see the entire text, go to the city's legal notice website p://www.aspenpitkin.com/Departments/Clerk/Legal-Notice f you would like a copy FAXed or e-mailed to you, call the city clerk's office, 429-268