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Home My WebLink About10756 City Clerk's Office Item # R12 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 12, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Carla Sikes, City Attorney SUBJECT: AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, A PROPOSED AMENDMENT TO ARTICLE 19 RECALL OF ELECTED OFFICERS, OF THE CHARTER OF THE CITY OF PUEBLO AND FIXING THE BALLOT TITLE THEREFOR SUMMARY: Attached is a proposed Ordinance referring to the registered voters of the City a proposed amendment to Article 19 of the City's Charter relating to recall of elected officers. PREVIOUS COUNCIL ACTION: Council has previously submitted to the eligible electors of Pueblo certain Charter Amendments. The goal of this Ordinance is to amend outdated, impractical and confusing language from the Charter. BACKGROUND: This Ordinance is part of a larger modernization effort by City staff to amend the Charter to make it consistent with state statute and modern practices. Article 19 of the City Charter was last amended in 2004. FINANCIAL IMPLICATIONS: Financial implications include the cost of placing this Ordinance along with other proposed Charter amendments on the ballot at the 2024 Special Election. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: None. ALTERNATIVES: eep the Charter in its current form. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: None ORDINANCE NO. 10756 AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, A PROPOSED AMENDMENT TO ARTICLE 19 RECALL OF ELECTED OFFICERS, OF THE CHARTER OF THE CITY OF PUEBLO AND FIXING THE BALLOT TITLE THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. There is hereby submitted to a vote of the registered electors of the City of Pueblo at the special municipal election to be held on November 5, 2024, a proposed amendment to the Charter of the City of Pueblo, more particularly set forth in Section 3 of this Ordinance. SECTION 2. This ballot title (submission clause and title) for the proposed Charter Amendment set forth in Section 3 hereof is hereby fixed and adopted as follows: BALLOT QUESTION NO. ____ - CHARTER AMENDMENT (_______________) SHALL ARTICLE 19 OF THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO ALLOW FOR GREATER ELECTION COORDINATION AND LESSEN THE NEED FOR ALLOWED FOR THE RECALL OF ELECTIVE OFFICERS? -- YES -- NO SECTION 3. There is hereby submitted to a vote of the registered electors of the City of Pueblo at the special municipal election to be held on November 5, 2024, an amendment to the Charter of the City of Pueblo, as follows: (brackets indicate matter being deleted, underscoring indicates new matter being added) ARTICLE 19 Recall for Elective Officers Section 19-1. - Petition for Recall Any elective officer may be recalled by the registered electors of Pueblo. The procedure to effect such removal shall be as follows: No recall petition shall be circulated until the form thereof has been approved by the City Clerk who shall approve or disapprove the form of petition by close of business \[of the second\] five (5) business days following submission of the proposed form of petition. A petition signed by registered electors residing in the area from which an elected officer is elected, equal in number to at least twenty-five (25) per centum of the entire vote cast at the last preceding election for all candidates for the position which the incumbent sought to be recalled occupies, demanding an election for the recall of such incumbent, and for the election of his successor, shall be addressed to the Council and filed with the City Clerk. The petition shall contain a specific statement in not more than two hundred (200) words of the grounds upon which removal is sought. The signatures on the petition need not all be appended to one page of the petition, but every signer shall include thereon the place of residence, with sufficient description to identify it. One of the signers of each such petition shall make an affidavit before an officer competent to administer oaths, that each signature appended to the petition is the genuine signature of the person whose name it purports to be. All papers composing said petition shall be filed as one instrument with an endorsement thereon of the names and addresses of three persons designated as filing the same; provided, that before any petition for recall is circulated, an affidavit of not more than two hundred (200) words shall be made by one or more registered electors residing in the area from which the officer is elected, stating the name of the officer sought to be removed and the grounds upon which the removal is sought, and filed with the City Clerk. Said affidavit may be on information and belief. The officer sought to be removed may file with the City Clerk a statement of not more than three hundred (300) words in reply by way of justification of his or her course in office. Section 19-2. - Filing Petition Within \[ten (10)\] sixty (60) days from the filing of said petition the City Clerk shall ascertain whether the petition is signed by the requisite number of qualified registered electors, and shall attach thereto his certificate showing the result of such examination. If the petition be insufficient, he shall forthwith in writing notify one or more of the persons designated on the petition as filing the same. The petition may then be amended within ten (10) days from the filing of the certificate. The City Clerk, within five (5) days after such amendment, shall make like examination of the amended petition and attach thereto his certificate of the result. If still insufficient he shall return the petition to one of the persons designated thereon as filing it, without prejudice to the filing of a new petition for the same purpose. Section 19-3. - Calling Election 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, fixed by it, \[not less than forty-five (45) nor\] no more than one hundred twenty (120) \[ninety (90)\] days from the date of the City Clerk's certificate that a sufficient petition is filed; provided, that if any city election is to occur within \[ninety (90)\] one hundred eighty (180) days from the date of the City Clerk's certificate, the recall election shall, whenever feasible, be held as a part of such other coordinated \[city\] election. There shall be no administrative protest procedure to challenge the City Clerk's determination of sufficiency or insufficiency of the petition. If a vacancy occurs in said office after a recall election has been ordered, the election to fill the vacancy shall nevertheless proceed as provided in this Article. Section 19-5. - Nominations on Recall* Anyone desiring to become a candidate at the recall election shall do so by petition as required in Section 17-4, except that nominating petitions may be circulated beginning on the first business day after the Council sets the date for the recall election, and shall be filed with theCity Clerk \[at least twenty (20) days after the date the recall election is set before said election\] within the timeframes as set forth in the Pueblo Municipal Code in order to have the candidate's name placed on the ballot. The officer sought to be recalled shall not be a candidate to succeed himself. SECTION 4. The City Council does hereby find, determine and declare that the ballot title set forth in Section 2 hereof fairly expresses the true meaning and intent of the referred Charter amendment. SECTION 5. The officials of the City are authorized and directed to take all actions necessary, appropriate or required to implement the provisions of this Ordinance. The City Clerk is directed to publish notice of election of the proposed Charter Amendment in conformity with the provision of C.R.S. 1-7.5-101 et seq. and C.R.S. 31-2-210(4) and to certify the ballot title to the Pueblo County Clerk and Recorder no later than sixty days before the November 5, 2024 coordinated election, as provided by C.R.S. 1-5-203(3) and C.R.S. 31-2-210 (3.5). SECTION 6. This Ordinance shall become effective upon final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 22, 2024. Final adoption of Ordinance by City Council on August 12, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk