HomeMy WebLinkAbout157 - 12/20/1988 - SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS CONCERNING PROCEEDINGS ORDINANCE NO. 157, 1988
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING A PROPOSED CHARTER AMENDMENT
TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS
CONCERNING PROCEEDINGS FOR RECALL OF
ELECTIVE OFFICERS OF THE CITY
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 Council desires to submit certain proposed Charter
amendments to the registered voters of the City at the next regular City
election to be held on March 7, 1989.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1 . The following proposed Charter amendment shall be
submitted to the registered voters of the City at the next regular City
election to be held on March 7, 1989:
PROPOSED CHARTER AMENDMENT NO.
Section I(a) of Article IX of the City Charter is hereby
amended to read as follows:
"(a) Power. Any elective officer of the city may be recalled
from office, through the procedure and in the manner provided
herein, by the registered electors entitled to vote for a
successor of such incumbent officer. For purposes of this
Article , in the case of recall of at- large Council
representatives, the words "registered elector" shall be
construed to mean persons residing within the city who are
registered to vote as of the date they signed the petition for
recall . For purposes of this Article, in the case of a proposed
recall of District Council representatives, the words "registered
elector" shall be construed to mean persons who are registered to
vote within the particular affected Council District of the city
as of the date they signed the petition for recall of the
District Council representative. No recall petition shall be
circulated or filed against any Officer until the Officer has
actually held office for at least one (1) year in the Officer's
current term, nor within six (6) months of the end of such term.
The procedure to effect a recall shall be as provided in this
Article. "
Section 1(b) of Article IX of the City Charter is hereby
amended to read as follows:
"(b) Commencement of proceedings; 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 registered mail to the affected
Officer. Within five (5) days after the date of the 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. Upon the filing of
the statement in defense, or after the expiration of the time
allowed for such filing when no statement is filed, the City
Clerk shall approve the form of the petition for recall of the
Officer 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. "
Section 2(e) of Article IX of the City Charter is hereby
amended to read as follows:
"(e) Number of signatures required.
(1) First recall attempt. The petition must be signed by
registered electors equal in number to at least twenty-five (25)
percent of the entire vote cast at the last preceding regular
city 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 office at said election.
(2) Subsequent recall attempts. After one (1) recall
petition and election, a recall petition filed against the same
Officer during the same term for which elected must be signed by
registered electors equal in number to at least fifty (50)
percent of the entire vote cast at the last preceding regular
city 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 office at said election."
Section 2. The following ballot language is hereby adopted for
submitting Proposed Charter Amendment No. 4 to the registered electors at
said election:
PROPOSED CHARTER AMENDMENT NO.
Amendments to Article IX, Section 1(a) and Section 1(b) , and
Article IX, Section 2(e) of the City Charter, providing for the
recall of elective Officers of the City by registered electors
entitled to vote for a successor of the incumbent sought to be
recalled, requiring petitioners to submit a 200-word affidavit to
commence recall proceedings.
FOR THE AMENDMENT
AGAINST THE AMENDMENT
Introduced, considered favorably on first reading, and ordered
published this 15th day of November, A.D. 1988, anj jo be presented for
final passage on the 20th day of December, A. 1
Mayo
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City Clerk
Passed and adopted on final reading this Ot of December, A.D.
1988.
M or
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City Clerk