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HomeMy WebLinkAboutordinance.council.006-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1974) AN ORDINANCE ESTABLISHING PROCEDURES FOR THE RECALL OF PUBLIC OFFICIALS; DESCRIBING WHEN OFFICIALS OF THE CITY OF ASPEN ARE SUBJECT TO RECALL; PROVIDING FOR SUBMISSION OF RECALL PETITIONS, CERTIFICATION THEREOF AND PROTESTS AGAINST; AND ESTABLISHING RECALL ELECTION PROCEDURES. WHEREAS, the Colorado Constitution and the Aspen Charter provide for the adoption of local recall pro- cedures by ordinance, and WHEREAS, there are now existent conflicting Constitutional, Charter and statutory recall pro- visions that cannot be reconciled without considerable effort and risk to the people and administrators of the City of Aspen, and WHEREAS, the City Council is desirous of estab_ lishing clear procedures for recall petition and election so as to protect the right of recall of the people and to avoid costly and uncertain procedures for city administration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. City Officials May be Recalled Every elective public officer of the City of Aspen may be recalled, after his having actually held office for at least six (6) months, by the electors entitled to vote therefore, 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 qualified to vote for officials of the City of Aspen 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, demand. lng the recall of 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 incumbent, then the said petition shall be signed by electors qualified to vote for officials of the City of Aspen 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 incumbent 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 offices, at the last preceding general election. (c) Such petition shall contain a general statement, (2) RECORD OF PROCEEDINGS 100 Leaves in not more than one hundred (100) 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 reasonableness and sufficiency of such ground or grounds assigned for such recall 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 residence, giving his street number. Each page of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the petition, the number of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the state- ment in support of the recall. (e) Any five (5) qualified electors may commence recall proceedings by filing with the City Clerk an (3) RECORD OF PROCEEDINGS 100 Leaves affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the person and his or her address to which all notices to the committee are to be sent and setting out the name(s) of the officer (or officers) to which the recall is directed and the statement of grounds in support thereof. Promptly after the affidavit of the petitioners' committee is filed, the City Clerk shall issue the appropriate petition blanks to the petitioners' committee. Section 3. Certificate of Clerk; Amendment of Petition Within fifteen (15) days of the filing of said petition, the City Clerk shall ascertain by examination of the petition and other records whether the petition is signed by the requisite number of qualified electors, and shall attach thereto his or her certificate showing the result of such examination. If the petition is insufficient he or she shall forthwith, in writing, set by registered mail, notify the person designated on the affidavit of the petitioners' committee as representing the committee for purposes of notice. The petition may be withdrawn and amended within fifteen (15) days from the filing of the certificate. The City Clerk, within five (5) days after such amendment, shall make like examination of the amended petition and attach thereto his or her certificate of the result. If the petition (4) RECORD OF PROCEEDINGS 100 Leaves is still insufficient, he or she shall return it to the d ' person eslgnated by the petitioners' committee as repre- senting the committee for purposes of notice, without prejudice to the filing of a new petition for the same purpose. If the petition is sufficient, or if insufficient and not amended, as hereinabove provided, the Clerk shall promptly present his or her certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition, unless a protest is filed. 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. Sufficiency of the statement in support of the recall shall not constitute grounds for protest against the certification of the petition. (c) The City Clerk shall forthwith mail a copy of such protest to a person named in the affidavit of the petitioners' committee as representing it for purposes of notice, 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. (5) RECORD OF PROCEEDINGS 100 Leaves All hearings shall be held before the Clerk and all testimony shall be under oath. Such hearings shall be summary 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 petitioners' committee. S__ection 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 any person (or persons) representing the petitioners' committee, or any other person aggrieved by a determination of insuffi_ ciency, but such review shall be had forthwith. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. S__ection 6. Election under Recall Petition Unless Office~ Resigns If the petition (and amendments thereto) shall be found by the City Clerk to be sufficient pursuant to Sections 3 or 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, thereupon order a special election to be held on a Tuesday fixed by them not less than sixty (60) days nor more than ninety (90) days from the date of the City Clerk's certificate that sufficient petition was filed; (6) RECORD OF PROCEEDINGS 100 Leaves 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 descretion, postpone the holding of the recall election to the date of such other municipal 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 election, and the same shall be conducted, returned, and the results thereof declared in all respects as in the case of municipal elections. (b) On the official ballot at such elections shall be printed in not more than one hundred (100) words, the reasons set forth in the petition for demanding recall, and in not more than one hundred (100) words there shall also be printed, if desired by him or her, 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 (7) RECORD OF PROCEEDINGS 100 Leaves words roles" and "No", on separate lines, with a blank space at the right of each, in which the voter shall indicate, by marking a cross (X), his vote for or against such recall. (d) 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 '~fes", such incumbent shall there- upon be deemed removed from office. Section 8. Severability 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 9. Public Hearing A public hearing on this ordinance shall be held on the r~ day of _~~ , 1974, at 5 P.M., in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, on the day of ~~ ~'~'i~ 1974. Stacy S~dley I~I- ~/ ayor ATTEST: RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED, PASSED AND APPROVED as provided by law by the City Council of the City of Aspen, Colorado, this ~_~p~-'~ day of ~-~Jj _. , 1974. on ATTEST: v'Stacy St~ndiey III Mayor STATE OF COLORADO) CERTIFICATE ) ss COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on Times March 11 1974, and published in the Aspen _ , a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of _ March 14 _, 1974, and was finally adopted and approved at a regular meeting of March 25 197~, and ordered the City Council on 6 ., Series of 1974__, of published as ordinance No. _ said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this _ 26th day of March , 197 4. ~.-~rraine Graves, City