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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 TT__EST:: �M4lo�` City Clerk Passed and adopted on final reading this Ot of December, A.D. 1988. M or TTEST: City Clerk