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Home My WebLink About13102RESOLUTION NO. 13102 A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JANUARY 27, 2015 AND SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF PUEBLO THE RECALL OF COUNCIL MEMBER AMI NAWROCKI, COUNCIL DISTRICT 1 REPRESENTATIVE WHEREAS, Petitions have been filed with the City Clerk containing sufficient signatures of registered electors demanding the recall of Council Member Ami Nawrocki and a special election on this recall is required to be called pursuant to Section 19-3 of the Charter; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: At said special election there shall be submitted to a vote of the registered electors the recall of Council Member Ami Nawrocki. The ballot title for the recall is hereby fixed to read: SHALL AMI NAWROCKI BE RECALLED FROM THE OFFICE OF CITY COUNCIL? YES________ NO_________ SECTION 2: The City Council does hereby adopt the optional registration plan provided in Section 17- 9 of the Charter of the City of Pueblo and hereby determines and declares that voting machines are not available and all votes at the special municipal election shall be taken, recorded and tabulated by the use of an electronic voting system. SECTION 3: All public notices required to be published with respect to the special municipal election shall be published in the Pueblo Chieftain. SECTION 4: The City Clerk and the Board of Elections are authorized and directed to take all action necessary, appropriate or required to hold and conduct the special municipal election, and officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Resolution to effectuate the policies and procedures described herein. SECTION 5: This Resolution shall become effective immediately upon final passage. INTRODUCED: November 10, 2014 BY: Chris Nicoll City Clerk’s Office Item # S-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: November 10, 2014 TO: Vice President Ami Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel Kogovsek, City Attorney SUBJECT: A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JANUARY 27, 2015 AND SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF PUEBLO THE RECALL OF COUNCIL MEMBER AMI NAWROCKI, COUNCIL DISTRICT 1 REPRESENTATIVE SUMMARY: This Resolution calls a Special Municipal Election to consider the Initiated Recall Petition for Council Member Ami Nawrocki, Council District 1 Representative. PREVIOUS COUNCIL ACTION: None BACKGROUND: On Wednesday, October 22, 2014, Petition Representatives Becky Cortese, Frank Cortese and Lois Compton submitted a Petition to Recall Ami Nawrocki from the Office of City Council, District 1 Representative. The Office of the City Clerk verified and deemed 1,848 signatures valid as signed by qualified registered electors residing in Council District 1. The requisite number of qualified registered electors, constituting not less than 25% of the entire vote cast at the last preceding election for all candidates for the position of Council Distinct 1 Representative has been determined to be 1,586 signatures. Per section 19-3 of the Pueblo City Charter, if the petition or amended petition is found sufficient the City Clerk shall submit the same with his or her certificate to the Board of Elections without delay. If the officer sought to be removed does not resign within five (5) days thereafter, the Council shall order an election to be held on a Tuesday not less than forty-five (45) nor more than ninety (90) days from the date of the City Clerk's certificate that a sufficient petition is filed. The recommended date for the special election is Tuesday, January 27, 2015 in order to all adequate time necessary to conduct a special election. FINANCIAL IMPLICATIONS: Estimated cost for a special election is $32,000 - $35,000 using the formula of $2.25 per voter at approximately 14,200 registered voters in Council District 1 ($31,950). BOARD/COMMISSION RECOMMENDATION: The City Clerk submitted the Certificate of Sufficiency for the Recall Petition to the Board of Elections on Friday October 31, 2014. The Board of Elections reviewed the Resolution calling for a Special Election and recommend approval. STAKEHOLDER PROCESS: None ALTERNATIVES: None RECOMMENDATION: Approval of the Resolution Attachments: City Clerk’s Certification of Petition Sufficiency Board of Elections Resolution Gina Dutcher, MMC 200 S. Main Street City Clerk ! . ii •"�, Kuala= Pueblo, CO 81003 (719) 553-2669 www.pueblo.us OFFICE OF THE CITY CLERK CITY CLERK'S CERTIFICATION Pursuant to Article 19-2 of the Charter of the City of Pueblo, I hereby certify that I have examined the Petition to Recall Ami Nawrocki from the Office of City Council District 1 Representative, as filed in the Office of the City Clerk on October 22, 2014. I hereby further certify that from the Petition the total of signatures that have been verified and deemed valid as signed by qualified registered electors residing in Council District 1 in the City of Pueblo is 1,848. The requisite number of qualified registered electors constituting not less than 25% of the entire vote cast at the last preceding election for all candidates for the position which the incumbent sought to be recalled occupies has been determined to be 1,586 signatures. Therefore, the Petition to Recall Ami Nawrocki. from the office of City Council, District 1 Representatives is hereby deemed Sufficient. Signed this 31st day of October, 2014 Gin utcher, MMC City Clerk [S EA L] (( r 116 r Office of the City Clerk STATEMENT OF SUFFICIENCY Name of Initiative: PETITION TO RECALL AMI NAWROCKI, CITY COUNCIL MEMBER DISTRICT 1 REPRESENTATIVE Petition Representatives: Frank and Becky Cortese Lois Compton P.O. Box 14 2401 W. 11th Street Pueblo,CO 81002 Pueblo,CO 81003 Date Petition was submitted for verification: October 22, 2014 Name of Person(s) submitting Petition for verification Frank and Becky Cortese Total Number of Petition Sections Submitted 118 Total number of signature submitted 2,080 Total number of signatures rejected 232 Total number of signature entries accepted 1,848 Total number of signatures required 1,586 The Petition does not have the required number of valid signatures. Reasons for declaration as invalid signatures included. 1 Not a Registered Voter 2 Name and/or Address do not match with voter registration 3 Cannot read the writing 4 Lives outside City Limits(County Resident) 5 Signed twice 6 Circulator Affidavit not attached 7 Petition Section Not Properly Notarized 8 Incomplete signature block 9 Petition Section has been unstapled Signed this 31'day of October 2014. Gina *tcher, MMC City -rk , , Gina Dutcher, MMC , '� R B. Gloria Gonzales City Clerk 1 �. 1 � Board Member BOARD OF ELECTIONS Don DiFatta Board Member RESOLUTION Whereas, the Board of Elections has reviewed City Council Resolution No. 13102 , Calling a Special Municipal Election to be held on Tuesday, January 27, 2015, Submitting to the Registered Electors the Recall of Council member Ami Nawrocki, District 1 Representative. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ELECTIONS OF PUEBLO, COLORADO that: Upon a motion made by Gloria Gonzales and seconded by Don DiFatta The Board of Elections hereby approves and recommends the adoption of Resolution No. 13102 , PASSED AND APPROVED this 31st day of October 2014. BOARD OF ELECTIONS: B. Gloria Gonzales 0 Don DiFatta Gina utcher ATT ST: -L 0 1____ D puty City Clerk