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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. -2- 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 -3-