HomeMy WebLinkAbout128 - 08/17/1999 - SUBMITTING A CHARTER AMENDMENT TO THE VOTERS PERTAINING TO THE COMMENCEMENT OF RECALL PROCEEDINGS AN ORDINANCE NO. 128, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS
PROPOSED AMENDMENTS TO ARTICLE IX,
SECTIONS 1(b) and I(c), OF THE CITY CHARTER, PERTAINING TO THE
COMMENCEMENT OF RECALL PROCEEDINGS
AND THE SCHEDULING OF A RECALL ELECTION
WHEREAS,Article IV, Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, C.R.S.,provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS, the Charter provisions relating to the recall of elective officers allow recall
proceedings, once commenced, to continue indefinitely; and
WHEREAS, the uncertainty created by pending recall proceedings can have a detrimental
effect on the conduct of business by the City Council; and
WHEREAS, City staff has proposed certain amendments to Article IX, Section 1(b) of the
Charter so as to establish a time period for submitting a petition for recall to the City Clerk for
approval,thereby requiring recall proceedings to either progress in a timely fashion or be terminated;
and
WHEREAS,Article IX, Section 1(c)of the Charter provides for a recall election to be held
not less than forty-five(45)nor more than ninety(90) days from the date the City Clerk presents to
the Council a petition certified sufficient for recall; and
WHEREAS, the requirement to hold a recall election within forty-five (45) to ninety (90)
days after presentation of a certified petition to the Council does not provide adequate time for the
nomination of replacement candidates and preparation for the conduct of an election; and
WHEREAS, City staff has proposed certain amendments to Article IX, Section 1(c) of the
Charter so as to provide adequate time for replacement candidates to circulate nomination petitions
and for preparation of the ballot; and
WHEREAS, the City Council believes that the foregoing proposed amendments should be
submitted to the registered electors of the City so that the voters may determine whether such
amendments are in the best interests of the City.
NOW,THEREFORE, BE IT ORDAINED BY "THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed changes to Article IX, Section 1(b) and (c), of
the City Charter shall be submitted to the registered electors of the City as "Proposed Charter
Amendment No. 3" at a special municipal election to be held in conjunction with the Larimer
County, Colorado Coordinated Election on Tuesday, November 2, 1999:
ARTICLE IX. RECALL
Section 1. The recall.
(b) Commencementofproceedings;affidavit. One(1) or more registered electors
may commence recall proceedings by filing with the City Clerk an affidavit of not
more than two hundred (200) words stating the reasons for the recall of the officer
sought to be removed. A separate affidavit shall be filed for each officer sought to be
recalled. Within forty-eight(48)hours after the filing of the affidavit,the City Clerk
shall mail a copy by certified mail to the affected officer. Within five (5) days after
the date of the City Clerk's mailing,the affected officer may file with the City Clerk
a sworn statement of not more than three hundred (300) words in defense of the
charges. The affidavit and the response are intended for the information of the
registered electors, who shall be the sole and exclusive judges of the sufficiency of
the ground or grounds assigned for the recall, and said ground or grounds shall not
be open to judicial review. Within ten (10) days after the date by which any
statement in defense must be filed, a petition for recall of the officer shall be
submitted to the City Clerk for approval of the form of the petition in accordance
with Section 2(b)of this Article.The petition shall be circulated,signed,verified and
filed in the manner provided in Section 2 of this Article. If no petition for recall has
been submitted to the City Clerk for approval of its form within the time period
specified above, the recall proceedings shall be terminated.
(c) Call of election. A recall election shall be for the dual purposes of voting on
the recall of the officer sought to be removed and the election of a successor. Upon
the City Clerk's presentation of a petition certified sufficient for recall,the Council
shall set a date for the election which shall be held on a Tuesday not less than sixty
(60) nor more than ninety (90) days from the date of presentation of the certified
petition to Council.However,if any other city election is to occur within ninety(90)
days from the presentation of the certified petition to Council,the recall election shall
be postponed and consolidated with such other city election. The order setting a date
for the recall election shall not become effective until five (5) days from the
presentation of the certified petition to Council. If the officer resigns within the five-
day period, the vacancy may be filled by appointment. If a vacancy occurs in the
affected office after the effective date of the order, the election to fill the vacancy
shall nevertheless proceed.
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Section 2. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 3 to the voters at said election:
CITY OF FORT COLLINS
BALLOT ISSUE 2_
PROPOSED CHARTER AMENDMENT NO. 3
Amendments to Article IX, Section 1(b) and 1(c) of the Charter of the City of Fort
Collins pertaining to recall proceedings,which amendments would establish a ten(10)
day time period for submitting a petition for recall to the City Clerk for approval as to
its form and would require that recall elections be held not less than sixty (60) nor
more than ninety (90) days from the date of presentation of a certified recall petition
to the City Council.
YES
NO
Introduced, considered favorably on first reading, and ordered published this 3rd day of
August, A.D. 1999, and to be presented for final passage on the 17th da of August, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of August, A.D. 1999.
Mayor
JTEST:
(� iL4 I
City Clerk
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