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HomeMy WebLinkAbout08425ORDINANCE NO. 8425 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE V OF THE PUEBLO MUNICIPAL CODE RELATING TO POWERS OF THE CITY CLERK UNDER THE CITY’S ELECTION CODE WHEREAS, the City Clerk (“Clerk”) is the election official responsible for rendering all interpretations and initial decisions as to controversies arising in the operation of the City’s Election Code; and WHEREAS, the City Council wishes to amend the Election Code to clarify the powers of the Clerk with regard to elections. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Subsection 5-1-5(a) of Chapter 1, Title V of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 5-1-5. Powers of Clerk and deputy. (a) Except where otherwise provided in this election code, the Clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters [.] including, but not limited to: arising in the operation of this election code (1) Determining qualifications of a candidate; and (2) Auditing the reports of a candidate, candidate committee, issue committee, or political committee submitted pursuant to this election code. SECTION 2. This Ordinance shall become effective upon final passage and approval. INTRODUCED December 12, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APPROVED: December 27, 2011 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-3 December 12, 2011 DEPARTMENT: City Clerk’s Office Gina Dutcher, City Clerk TITLE: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE V OF THE PUEBLO MUNICIPAL CODE RELATING TO POWERS OF THE CITY CLERK UNDER THE CITY’S ELECTION CODE ISSUE: Should Council amend the Pueblo Election Code to clarify the City Clerk’s powers in regard to certain election matters? RECOMMENDATION: Council should adopt the Ordinance. BACKGROUND: The enclosed Ordinance amends the City’s Election Code to clarify the powers of the City Clerk. Although the current Election Code arguably grants these specific powers, the amendment makes clear that the City Clerk has the authority to verify candidate qualifications, and audit reports submitted pursuant to the Fair Campaign Practices Act, section 1-45-101, et seq., C.R.S., as adopted by the City. FINANCIAL IMPACT: None anticipated.