HomeMy WebLinkAboutordinance.council.035-73November 9, 1973
ME HORANDU}{
TO:
PROM:
SUBJECT:
MEMBERS OF CITY COUNCIL
SASFDRA M. STULLER, CiTY ATTORNEY
ATTACHED PROPOSED RECALL PROCEDURE ORDINANCE
Members of Council:
Attached is a proposed recall-procedures ordinance for
your consideration. The elements of such a procedure are
almost totally within your discretion and subject to only due
process and equal protection considerations. Consequently, this
is merely a proposal for which I will not ask for a first reading
Monday both because it is late coming to you and because I anti-
cipate you will have comments requiring modifications.
Enabling Legislation
The most in~ediate authorization for this ordinance is
Section 2.5 of the Aspen Charter which provides for the establish-
ment of recall procedures by ordinance providing only that an
official be subject to recall only after in office for 6 months and
that any procedure be consistent with Article XXI of the Constitu-
tion.
Two provisions of the Colorado Constitution are relevant.
The first is Section 6 of Article XX which declares that the
regulation of municipal elections is a matter of local concern,
consequently within the discretion of home rule cities. Section
6 h of the same article provides that the state statutes regulation
elections will apply only if not superceded by local ordinance.
Article XXI of the Constitution tempers your discretion
somewhat. Although directed to recall of state officials, it
Members o£ City Council
November 9, 1973
Page 2
does grant power to establish procedures to local communities
in Section 4:
"The recall may also be exercised by the electors of each
county, city and county, city and town of this state, with
reference to the elective officers thereof, under such
procedures as shall be provided law. Unless otherwise
provided by law, the legislative body of any county,
city and county, city, and town may provide for the manner
of exercising such recall powers in such county, city and
county, cities, and towns, but shall not require any such
recall to be signed by electors more in number than 25% of the
entire vote cast at the last preceding election, as in
section 1 hereof more particularly set forth, for all the
candidates for office which the incumbent sought to be
recalled occupies, as hereinabove defined."
The section concludes with this statement:
"Nothing herein contained shall be construed as affecting
or limiting the present or future powers of cities and counties
or cities having charters adopted under the authority given
by the Constitution, except as in the last three preceding
paragraphs expressed."
Consequently, only two elements of the procedure are pre-
ordained: (1) it is limited to those having held office for 6
months and (2) the formula for determining the maximum number of
signatures to sustain a petition is set by the Constitution.
The state legislature has established recall procedures for
counties (C. R. S. 1963, Sec. 35-2-1, et Seq.) and statutory cities
(C. R. S. 1963, as amended, Sec. 139-15-1, et seq.) both of which
are helpful for comparison but not binding.
Elements Open for Discussion
The following issues (and others which I am sure will occur
to you but have not to me) are open for your consideration:
1. Should recall be available only on specified grounds,
shall the grounds for recall be open-ended and self-supporting
(the later approach is incorporated).
or
Members of City Council
November 9, 1973
Page 3
2. If the grounds are specified, are inadequate grounds to
be a basis for protest?
3. Should the periods when an election is to be called
be extended or reduced? Should candidates for a vacancy qualify
for placement in ways other than now specified under the municipal
Election Code?
4. Should the reasons for recall and the officials justi-
fication be printed on the ballot? This is an expense the City
may not want to undertake.
5. Do you feel the two year disqualification from office
holding is necessary or desirable?
Adoption of recall procedures will not eliminate all
questions for all procedures must be correlated with the municipal
election laws. But it will be a beginning.
SMS:mw