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RESOLUTION NO. 13389
A RESOLUTION REMOVING A MEMBER FROM THE LIQUOR
AND BEER LICENSING BOARD, DECLARING A VACANCY AND
APPOINTING A NEW MEMBER THERETO
WHEREAS, pursuant to Section 2-5 of the Charter of the City of Pueblo, unless otherwise
required by law, all boards and commissions shall be appointed by Council for terms specified by
Council and members of such boards are subjected to removal by Council; and
WHEREAS, under and by virtue of Ordinance No. 7830, which incorporated an exception to
the provision in §11-3-5 of the Pueblo Municipal Code that requires the automatic removal of a
board member who fails to attend three (3) consecutive meetings of the Liquor and Beer Licensing
Board; and
WHEREAS, on July 28, 2008, City Council appointed Don DiFatta to the Liquor and Beer
Licensing Board a four-year term expiring on August 1, 2012 and in 2012 reappointed Mr. DiFatta
to an additional four-term expiring August 1, 2016, subject to removal as herein above provided;
and
WHEREAS, The City Council declines to enact the exception of automatic removal for
consecutive absences which results in the removal of Board Member Don DiFatta; and
WHEREAS, City Council finds and concludes that Don DiFatta has absented himself from
duly called and noticed consecutive meetings of the Liquor and Beer Licensing Board held on
October 7, 2015, October 21, 2015, November 4, 2015, November 18, 2015, December 2, 2015,
December 16, 2015 and January 6, 2016 due to serious health issues; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
Pursuant to Section 2-5 of the Charter and §11-3-5 of the Pueblo Municipal Code, Don
DiFatta is hereby removed as a member of the Liquor and Beer Licensing Board and said office is
declared vacant.
SECTION 2.
The following individual is hereby appointed to the Liquor and Beer Licensing Board to fill
the vacancy created by the removal of Don DiFatta for the remainder of the term expiring August 1,
2016:
Janna Shafer
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to effectuate the policies and procedures described
herein.
SECTION 4.
This Resolution shall become effective upon passage and approval.
INTRODUCED: February 22, 2016
BY: Ed Brown
City Clerk’s Office Item # M-3
Background Paper for Proposed
RESOLUTION
COUNCIL MEETING DATE: February 22, 2016
TO: President Stephen G. Nawrocki and Members of the City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Office of the City Clerk
SUBJECT: A RESOLUTION REMOVING A MEMBER FROM THE LIQUOR AND BEER
LICENSING BOARD, DECLARING A VACANCY AND APPOINTING A NEW
MEMBER THERETO
SUMMARY
This Resolution removes Don DiFatta from the Liquor and Beer Licensing Board, declares a
vacancy and appoints a new member to complete the four-year term expiring August 1, 2016.
PREVIOUS COUNCIL ACTION
Resolution No. 13205 dated April 13, 2015 excused the absenteeism of Liquor and Beer Licensing
Board Member Don DiFatta for missing three consecutive meetings in the year 2015 due to a
serious medical condition that necessitated his absenteeism.
BACKGROUND
It has been brought to the attention of the City Clerk’s Office that Mr. DiFatta’s serious medical
issues have continued and he has missed the last several meetings. Attempts to contact Mr.
DiFatta have gone unanswered; therefore per Section 11-3-5(b) of the Municipal Code of
Ordinances it has become necessary to remove Mr. DiFatta the Liquor and Beer Licensing Board.
The City Clerk has mailed a letter to Mr. DiFatta in regard to his removal from this Board.
Pueblo Municipal Code: Sec. 11-3-5. Members
(b) Any member of the Board may be removed by the City Council for nonattendance to
duty or for cause and shall be automatically removed for failure to attend three (3) consecutive
meetings of the Board, unless the City Council excuses any such absences.
Mr. DiFatta missed the following Liquor and Beer Board Meetings:
October 7, 2015 October 21, 2015 November 4, 2015
November 18, 2015 December 2, 2015 December 16, 2015
January 6, 2016
In response to an advertisement published in The Pueblo Chieftain on January 10, 2016 and a
notice on the City Clerk’s webpage, seeking volunteers to fill the vacancy created by the removal of
Mr. DiFatta, applications were received from the following individuals:
FINANCIAL IMPLICATIONS
Members of the Liquor and Beer Licensing Board are paid $25.00 per meeting attended. Funding
for this stipend are allocated in the Budget of the City Clerk’s Office; therefore no new funding is
necessary.
BOARD/COMMISSION RECOMMENDATION
The Members of the Liquor and Beer Licensing Board have discussed Mr. DiFatta’s situation and
have decided not to ask Council to excuse his absences.
STAKEHOLDER PROCESS
None
ALTERNATIVES
Do not remove Mr. DiFatta from the Board and wait until his term expires August 1, 2016 and fill it
at that time.
RECOMMENDATION
Approval of the Resolution
ATTACHMENTS
Letter of Removal addressed to Don DiFatta
Applications for Janna Shafer
