The URL can be used to link to this page

Home My WebLink Aboutbocc.res.158.1996 > . , .. �. . -:5=� ;.r, . _ � , �'? ';`�,' u" � '�� a �r��:::. . m�d :,. �u � �'�.,,. :.. i:•... ca a �c �..' x�x G� � A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONEl25 .�; � a � OF PITHIN COUNTX,COLORADO �� ,;" SUBMTTTING TO THE ELECTORATE AT AN ELECTION TO BE HELD - c � > AUGUST 13,1996,REGARDING PROPOSED CHANGES TO THE HOME RULE +`�'� ' F'�� CHARTER SECTIONS 2.5,6.2,6.6.2,6.6.3,6.6.4,7.1.1,7.1.2,�.3.1,7.3.2,7.3.4,7.3.5,7.3.6, � o,°i � and 7.3.7,7.3.8,7.3.9, • u o -y u �+ v v ti ,-t y � � - �` � RESOLUTION#96-(� o p,u �•� h ,�, o� RECITALS ` �V H m � m o .,°, „ � 1. The County of Pitkin in the State of Colorado is a duly created political uo � subdivision of the State organized and operating as a home rule charcer county pursuant to the �„ "F general statutes of the State and a county home rule charter("the Charter")adopted pursuant to ,�v the Colorado Home Rule Powers Act. , s�, c,�, v� 0 2. The members of tlie Board of County Commissioners of the County ("che °•°C ° Boazd"}have been duly elected,chosen and qualified. • m_ • dw • �.n •,-� N �,` 3. Pursuant to Section 8.1.1 of Charter and C.R.S. § 3d-1 I-506 the Board may by �� o resolution, propose c6anges and amendments to the Pitkin County Home Rule Charter to be '° y° submitted to the qualified electors of Pitkin County. e � +�i M d � � � 4. The Board recognizes that it is apprapriate to amend Sections 2.5, 6.2.2, 6.62, _ �..°1,.�c 6.63,6.6.4,71.1, 7.1.2 and 73 of the Charter. N •U +�i .'� ❑ yC v NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY "o 'o'° COMMISSIONERS OF PITKIN COUNTY, COLORADO, that the following proposed N U m ,�, �� questions to amend the Charter by submitted to the electors of Pitkin County pursuant to .-� ., . Section 5.1.1 of its Charter and C.R.S. §30-11-506, in five ballot questions, the first M " o concerning the proposed amendment changes to Section 2.5, the second concerning the a�; � proposed amendmeat changes to Sections 6.6.2,6.6.3 and 6.6.4,the third concerning the m� o proposed amendment changes to Sections 7.1.1 and 7.1.2, the fourth concerning proposed w""• o" amendment changes to Section 7.3 and the fifth concerning proposed changes to 6.2.2. �� : C W iF.+�.�/ N /. � �u y 1. y�QlflIf11SS10DCI'S91i1CV � ' W.G 27 cn a+ • �,� w� Shall Section 2.5 of the Home Rule Charter be amended to allow an increase in Commissioner a : � '' sataries to levels for other similarly classified counties, regazdless of the number of o �•N N commissioners,and ailow a saiary of$33,500.00 for commissioners elected in November 1996 .. ; ° � v and to amend 3ection 2.5 as follows: n m.e � - .-� w u 7 VJ'd •ry � v L �W a c .i o / .. .. � . . . . . , � �."' . �a I t • � ::"•'a�:. . 40''� • a,i ..... , .. .;;.�:. � , .;�:�, ,. , . .,. . _ �.,,�;. , n.:.r Resolution#96-�� ;`` . Page 2 ,.f¢;.;;, •a•: �� Section 2.5 `' .� Compensation for commissioners shall be established by the Boazd from time to time. 1: However,the Board may not establish a sa(ary in excess of that provided by state statute ` '..," for counties of the same classification having three Commissioners. No adjustment in � '. salary shall be retroactive nor shail it vary the compensation of a commissioner during his or her term. Commissioners elected in the General Election in November of 1996 shatl . be paid a salaty of$33,500.00 per yeaz. Current tanguage of Section 2.5(Not part of Ballot Question) f Compensation for commissioners shall be from time to time established by statute. Also, � � the Board may propose an increase or decrease ai any general election; provided, � however, that any such voter-approved adjustment shall not be retroactive nor shall it operate to vary the compensation of any commissioner during his or her term of office. 2. Limitafions on Cam�aien Contributionc and Exnenditurec Shall Section 6.6 of the Home Rule Charter be amended to limit the amount that may be � . contributed to candidates and politicai committees to $500.00 and etiminate any restriction on the amount which may be expended by individuals in support of a candidate or ballot issue and amend and repeat Sections 6.G.2,6.63 and 6.6.4 as follows: Section 6.6.2 �; � No person shal!contribute,as that act is defined in the Colorado Campaign Reform Act, • to any candidate or political committee in an amount which exceeds feve hundred dollazs ($500.00). No candidate nor political committee sha[I make expenditures in any general, odd year,primary,or special efection in support or in oQposition of a candidate for county office or a county bailot issue which,in totai,exceed an expenditure limitation calculated by multiplying the total number of electors registered to vote at the last general election times one ($1.00}dotlar. All political committees shall comply with all organizational and filing requirements of the Colorado Campaign Reform Act of 1974,as that act may he amended from time to time. All candidates in any election shall designate which political committee is a�liated with the candidate's campaign Additionally, all political committees shall submit an affidavit of organization demonsuating decision making independence from any candidate or other political ' committee. Affidavits of decision making independence must be filed with the County Clerk. Any potitical committee ttot filing such an affidavit may not collect or expend money or contributions in kind in support or opposition of any candidate or county batlot issue. The County Clerk shall publish the names of all candidates and Political ° Committees not in compliance with the Election Provisions of the Charter no tater than ten days prior to all elections. t• " . � / �'`__ : � � � _. . . :;�'� . � , ' �... _�;; . , . ,� ..-{� ';,' � Resotution#96-(J� ��;, Page 3 . ;y ��2� Cunent langvage of Section 6.6.2 (Not part of Ballot Question} , No candidate nor political committee shall make expenditures in any general,odd year, primary,or special election in support or in opposition of a candidate for county office or +M a county ballot issue which, ia total, exceed an expenditure limitation calculated by multiplying the tota[number of electors registered to vote at ihe last genera]election time one($1.00)dollar.No person(other than a candidate or political committee)shall make any expenditure in any election in support of in opposition of a candidate or ballot in an amount exceeding five hundred($500.00)dotlars. All political committees shall comply with all organizational and£ling requirements of the Colorado Campaign Reform Act of . 1974,as that act may be amended from time to time. AII candidates in any election shall _ designate which political committee is affiliated with the candidate's campaign j Additiona(ly, ail politicat committees shall submit an affidavit of organization demonstrating decision making independence from any candidate or other political committee. Affidavits of decision making independence must be filed with the County Clerk. Any political committee not filing such an affidavit may not collect or expend money or conYributions in kind in support or opposition of any candidate or county balloY . issue. The County Clerk shall publish the names of all candidates and Political Committees not in compliance with the Election Provisions of the Charter no later than � ten days prior to all elections. i I Secfion 6.6.3 Repeal in its entirety. " Current language of Section 6.63 (Not parf of Baltot Question} No person nor political committee shall make expenditures in any election for the parpose of influencing the passage or defeat of any issue in an amount exceeding five � thousand($5,000.00)dollars. - � Section 6.6.4 All records of expenditures shall be made,fited and retained as required by the provisions of the Colorado Campaign Reform Act of I974. Failure to comply with the provisions of this section shall have no effect on the validity of any election, issue or bonds issued � • pursuant to law,except as provided in Section 6.6.5 • i ' Cunent language of Section 6.6.4 (Not part of Ballot Question) All records of expenditures shall be made,fiied and retained as required by the Co(orado ` Reform Act of 1974. Failure to comply with the provisions of this section shall have no � i _ _ . , �"`uc•si:�. i `r} . . /� . 4 �.,�. ' � '_ `. �{. • � �?�Ca�- .. . . • . . •.�,,. . . . . . , . w�i . ^ t�, `� Resolution#96- �'�j�i Page 4 ��''. . r�.;:-r:; effect on the validity of any election,issue or bonds issued pursuant to law, except as pravided in Section 6.6.5 �i.. 3. Initiative and Referendum '� Shall Section 7.1 of the Home Rule Charter be amended to allow initiative petitions coaceming budget,appropriations and taxes and restrict the avai[ability of referendum petitions pertaining to laws necessary for immediate preservation of public peace, health and safety and to amend Section 7.1.1 and 7.1.2 as follows: Section 7.1.1 - � "ti ive• The electors of the Connty shall have power to propose any resolution or ordinance to the$oard in accordance with the provisions of this articte of the Charter ! except those conceming]and use applications. In the event the Boazd fails to adopt said , resolution or ordinance without any change in substance, the proposed resolvtion or ordinance shall be submitted to the eiectors at a County election for their acceptance or rejection. • Current tanguage of Section 7.1.1 (Not part of Ballot Question) ' Illill�tiy� The electors of the County shall have power to propose any resolution or � ordinance to the Board in accordance with the provisions of this article of the Charier � except those concerning land vse applications, the annual operating budget, annual � appropriations budget, and levy of taxes. In ihe event the Boazd fails to adopt said - resolution or ordinance without any change in substance, the proposed resolution or • � ordinance shall be submitted to the electors at a County election for their acceptance or � rejection. .. j j . Section 7.1.2 Refere�dum: The elecrors of the County shail have the power to require reconsideration by the Board of any resolution or ordinance and,if the Boazd faiis to repeal a resolution or ordinance so considered, to approve or reject it at a County election, in accordance with the provisions of this article of this Charter; provided that such power shall not ' extend to laws necessary for the immediate preservation of the public peace, heaith or , safety,land use applications,the annual operating budget,annual budget appropriation, . levy of taxes,calling a special election,ordering improvements initiated by petition and to be paid for by special assessments,occuaence of indebtedness or borrowing approved by the electorate,or resolution or ordinance to meet the contractual obligations of the County. , � �- I . ; ,.,w�z�,'.. ao- � � . . � ' i�'��.�`'�. � \ � • t : � I . ' =�a� .#4 • . . t�,� �� , ^ .; ��:'�: �r a �, ;: . � ,, � ,:. .: ,,, , ��,.--�tip rn x`.:� v.� .., � . F��. . �� .��'„ `� .. %��f� , r„.1.�. `f s.k.''��..A.`l,.Itw'_Rw.t �. !:' s . . . �••ti,�:�;'�. �i..: � Resolution#96-� �?��f Page 5 �5,..��;:�C�. ,..,. Current langvage of Section 7.1.2 (Not part of Bailot Question) � ,. �teferendum: The electors of the County shatl have the power to require reconsideration �� by the Board of any resolution or ordinance and,if the Board faits to repeal a resolution �'..•�, , or ordinance so considered,to approve or reject it at a County electiott, in accordance �. , with the provisions of this article of thes Charter; provided that such power shall not . extend to land use application,the annval operating budget,annual bud�et appropriation, levy of taxes,calling a speciai election,ordering improvements initiated by petition and to be paid for by special assessments,occurrence of indebtedness or bonowing approved !Y:�`� by the electorate,or resolution or ordinance to meet the contractual ob(igations of the County. '`�. 4, c ll Shall Section 73 of the Home Rule Charter be amended to provide for filing of an affidavit and callection of signatures from eligible electors,for a fifteen(15)day protest period to contest the ! sufficiency of recall petitions, for nomination and election of successor candidates, for recall ; election by those persons who would be allowed to vote for a successor,for elimination of an ability to cure a recall petition and amend Sections 7.3.1,7.3.2,7.3.4,73.5,73.6,7.3.7, 73.8 ' and'7.3.9 as follows: Section 7.3.1 � One or more eligibie elector(s)shall file with 2he Clerk and Recorder aa a�davit of not - more than two hundred(200}words staiing the reasons for requesting the recall. The - Clerk and Recorder shall,within iwo (2) working days after the filing of the affidavit, mail a copy by certified mail or hand deliver a copy to the officer sought to be recalled. That officer may,within five(5)working days of receipt of the affidavit,fiie with the Clerk and Recorder an affidaviY of not more than two hundred(200)words in justiftcation of his or her course in o�ce. After receipt of the statement of justification,if any,but in no event later than ten(l0)working days after delivering a copy of the affidavit to the � officer,the Clerk and Recorder shall issue a petition for recall. i � , Current language of Section 7.3.1 {Not part of Ballot Question) One or more qualified elector{s)shali file with the Clerk and Recorder an affidavit of not more than two hundred(200)words stating the reasons for requesting the recali. The • Clerk and Recorder shall,within two (2)working days after the fiiing oP the affidavit, mail a copy by ceRified mail or hand deliver a copy to the officer sought to be recalled. That o�cer may,within five(5)working days of receipt of the affidavit,file with the Clerk and Recorder an affidavit of not more than two hundred(200)words in justification of his or her course in office. ARer receipt of the statement of justification,if any,but in i': � no event]ater than ten(10)working days aRer delivering a copy of the affidaviY to the t� : officer,the Clerk and Recorder shali issue a petition for recall. � __ {�� ,.:. . : � 4 �� . � " ; .; � . ;;'�"' � ,f� ', . • v.3 ��.. _ ,i, .� . . . � , . � Resolution�f96-��7� ��,Y��` � • Page 6 �� j, y`K . y::+i� y� ':7�: .`J.,. SecNon 7.3.2 < The petition shall include the statement of reasons for requesting recall and the officer's •�' statement of justification,if there be such a statement. Tha petition must thereafter be �: i. . signed by eligible electors numbering at least twenty-five percent (25%) of the total • number of votes cast at the last election for all candidates for the position which the o�cer sought to be recalied occupies. � Current tanguage of Section 7.3.2 (Not part of Ballot Qaestion) =.r- ` The petition shall inc}ude the statement of reasons for requesting recall and the officer's '`: - statement of justification, if there be such a statement. The petition must thereafter be . signed by qualified electors numbering at least twenty-five percent (25°/a) of the total number of votes cast at the last election for all candidates for the position which Yhe officer sought to be recalled occupies. Section 7.3.4 The signed recall petition shall be fited with the Clerk and Recorder within sixty(60) • j days after issuance of the petition.lf the petition is filed within the time specified and is � found and determined to be sufficient,the Boazd shatl set a date for a recal]election to be held not less than thicty(30)nor more than sixty(60}days from the date of determination of su�ciency,unless a general,primary, or special eiection will be held wiflun ninety (90)days following the detercnination of sufficiency of the petition,in which event the recall election shall be he(d at the time of that general,ptimary,or special election. On � - each separate page of the petition shall be attached an affidavit by the circulator thereof, stating the number of signers and affirming that each signature is the genuine signatare of the person whose name it purports to be, and that it was made in the presence of the • Affiant and that he or she is an eligible e[ector of the County and has read the petition. Cuaent language of Section 73.4 (Not part of Ballot Question) r The signed recali petition shall be filed with the Clerk and Recorder within sixty(60) days after issuance of the petition. If the petition is filed within the time specified, and if it complies with die requirements of this Charter,the Boazd shall set a date for a recall election to - be held within sixty(60)days,unless a general,primary,or special election wiil be held within one hundred and twenty(120)days Following the filing of the petition,in which event the recall election shall be held at the fime of that generat,primary,or special election. On each separate , ' page of the petition shall be attached an a�davit by the circulator thereof,stating the number of i signers and affirming that each signature is the genuine signature of the person whose name it purports to be,and that it was made in the presence of the Affiant and that he or she is a qualified elector of the County and l�as read the peYition. s . � i. � .>'. �;-,,. : } -. t � ` . � , `� . t�- ' , �.� ��:. �h .. ,.. � , .. . .... , ...,. ,.. . ��,. . .. ,..., �. Mkh�� Resolution#96-(�D � "�. , : Page 7 {n$, �.',:'�;�:•, . ;�:._�'44:- ,- Section�.3.5 � < �i. All petitions shall be deemed and held to be sufticient if they appeaz to be signed by the ,•' '.,, requisite number of signers,and such signer shall be deemed and held to be an eligible �. elector,unless a protest in writing under oath shall be 61ed with the Clerk and Recorder by some eligible elector,within fifteen(15)days after such petition if filed,setting forth �%.:: specificaily the grounds of such protest. In the event of such profest, the Clerk and J;.:.•.• , Recorder shall forthwith mail a copy to die person or persons named in such petition as 4. ` t:;Y::.: representing the signers thereof,or if none,to the circulators,together with a notice fixing - a time for a heazing of such protest,wl�ich hearing shati be not tess than five(5)not more than ten(10)days after such notice is mailed. All heuings shall be summary and not " subject to delay,and inust be concluded within thirty(30)days a8er such petition is filed, ! and the results thereof sha11 be forthwith certified to the person or persons named in the petition as representing the signers thereof,or if none,to the circulators. Within fifteen days after the filing of tl�e petition for recal[,or the conclusion of all hearings on any filed , protest regarding the petitions, which ever date is later, the Clerk and Recorder shall make a determination of su�ciency of the petitions. � Current language of Section 73.5 (Not part of Ballot QuesHon) � Alt petitions shall be deemed and held to be sufficient if tl�ey appear to be signed by the � requisite number of signers,and such signer shall be deemed and held to be a qualified � elector,unless a protest in writing under oath shall be filed with the Clerk and Recorder � by some qualified elector,within fifteen(15)days after such petition if filed,setting forth �� specifically the grounds of such protest. In the event of such protest, the Clerk and �"� _ Recorder shall forthwith mail a copy to the person or persons named in such pelition as ' representing the signers thereof,or if none,to the circulators,together with a noGce fixing a time for a heazing of such protest,which heazing shall be not less than five(5)nor more ' than ten(10)days aRer such notice is mailed. All hearings shall be summary and not subject to delay,and must be concluded within thirty(30}days after such petition is f led, and the results thereof shall be forthwith certified to the person or persons named in the . petition as representing the signers thereof,or if none,to the circulators. Section 7.3.6 Repeal section in its entirety. Current language o£Section 7.3.6 (Not part oF Ballot QuesHon) � ' The finding as to the sufficiency of any petition may be reviewed forthwith by the Election Commission,upon application of any person affected,but such review sfiall be had and determined forthwith. • � `- I � . i . � � 1 / . _ _ , i. 1 c . 1 .. • �?,c�� . ,�;.�� . . ' . ' • h.! .;i�. ...:�J:4.. ... . . .. . , �. ..�.. . .� .. .. , i ..:h�l . ...._ �� ..... ,. � ��j Resolution#96-�� °�� Page S �n��, �:,.;.i'•.. Secfion'7.3.7 Repeal section in its entirety. ?� Current language of Section 73.7 (Not part of Ballot Question) � ��'� In case the petidon is not sufficient,it may within fifteen(IS)days thereafter be amended and refiled as an original petition. i:- Section 7.3.8 There shall be printed on the official bailot,as to every officer whose recait is to be voted on, the words, "Shall (name of the person against whom recall petition is filed) be recalled From the office of(titte of office)?" Regazdiess of minimum requirements in the state recall statute,the reasons for recall,together with the officer's statement of de£ense, shall be on the ballot in accordance with State law. The batlot shall provide for a"yes"or "no"vote. 1 i Current language of Section 73.8 (Not part of Ballot Question) There shall be printed on the official ballot,as to every officer whose recall is to be voted on, the words, "Shall (name of the person against whom recall petition is filed} be • reca[led from the office of(6tte of office)?" Regardless of minimum requirements in the state recall statute,the reasons for recall,together with the officer's statement of defensa, , shall be on the ballot in accordance with State law. The ballot shall provide for a"yes"or "no"vote. The recall election shall take piace among the electorate by which the subject County o�cial was originally elected and is representing. Section 7.3.9 If a majority of those voting vote in favor of recaliing an incumbent,the incumbent shall thereapon be deemed removed and the vacancy shall be filled as provided in this Charter, or by applicab(e statute.A successor candidate must have been nominated in compliance + with Colorado statutes and this charter at the time of the detennination of sufficiency of � the petition for recall and tlie election of a successor shall be held at the same time as the � recall election. The names of those persons nominated as candidates to succeed the persons sought to be recalled shali appear on the batlot and the Clerk shall print the following above those names,"You may vote for no more than one of the replacement . candidates listed below". ' Current language of Section 7.3.9 (Not part of Ballof Question) If a majority of those voting vote in favor of recalling an incumbent,the incumbent shall � thereupon be deemed removed and the vacancy shall be filled as provided in this Charter,or by applicable statute, i~ ' i _. _._ , � • '!N . � � ' • ' .�; . .��_ . � M.� _ ,�LL�.-.--_...,.,,,�_�__.._.__..._._ • � �''ti ��,. , . :� �._„ �:< . ..._..�. ,� `'�;�:. �..,;, Resolution#96-��g � ,;�:; .'��,.�'. , Page 9 ;�::2,: ; ,. 5. Nomination of Candidates �= •• j Shall Section 6.2 of the Home Rule Charter be amended to provide that signatures to nominate . � candidate be accepted from eligible electors and not merely qualified electors and amend Section 6.2.2 as follows: � .? Section 6.2.2 :�.. � A candidate's petition must be signed by not fewer than two hundred and fifty (250) ,. eligible eiectors. Persons signing a candidate's petition need not(in tl�e case of party , nominees)be a member of the party by which the candidate has been designated; need ' not be a resident of the districi(if a�y)from which the County of£icer is nominated;need ; not state that(s)he intends to vote for the candidate at the ensuing primary election;and � . may sign petitions of any other candidates for the same o�ce. Provided,however,in the - event that at any election of County Commissioners in which Commissioners aze to be elected pursuant to this Charter solely by the votars of that Commissioner's district of �: residence,then the nvmber of signatures for a Commissioner candidate sliall be reduced � to fifty(50)electors,qualified as above,who reside within that district of residence. ; Current Ianguage of Section 6.2.2 (Not part af Ballot Question) A candidate's petition must be signed by not fewer than two hundred and fifty(250)qua[ified electors. Persons signing a candidate's petition need no[(in the case of pazty nominees)be a `� � member of the party by which the candidate has been designated;need not be a resident of the � district(if any)from which the County officer is nominated;need not state that(s)he intends to vote for the candidate at the ensuing primary election; and may sign petitions of any other candidates for the same office. Provided,however, in the event that at any election of County • Commissioners in which Commissioners are to be elected pursuant to this Charter solely by the voters of that Commissioner's district of residence, then the number of signatures for a Commissioner candidate shaIl be reduced to fifty(50)electors,qualified as above,who reside within that district of residence. INTRODUCED,FIRST REAb,AND SET FOR PUBLIC HEARING ON THE 22nd DAY OF MAY,I996. NOTICE OF PUBLIC HEARING PUBLISHED IN THE�.�E ND EDITION � QF THE ASPEN TiMES ON lst DAY OF NNE,1996. APPROVED UPON SECOND READING AND PUBLTC HEARING ON THE 12th DAY OF JUN�,1996. � -_ � i. / _ . ��.�_ , Y � t . � ,:�S , . f;.: � :u�� ----��_.___._.___, �;�.. . �wi.'L,!'`ht�.r..i�+< . .., ;`r.� , ., .. ;t„ � .'�" ...,..�.,. `'�r.,<.�.��'�,.�U;"1:,��,,,rr�.L;at?!eir.;3!¢�'c.+F�",�k_�«�?,,.._4�r^. �/ �µF"�'� �F 1':y ��:C:, Resolution#96-�-�O hs.f��.z' -� Page 10 �.:.�a�13:.. .,,,. PUBLISHED AFTER ADOPTION IN THE �I + � I � ASPEN TIMES ON THE�DAY OF ,1996. ,:.,��.� , ..�•,,.{' ATTEST: BOARD OF COUNTY COMMISSIONERS '�,:" � OF PITKIN COUNTY,COLORADO ;f.,;, �`..��'�`:.:. ; � ��___—� �.>,x ' �"". �P �,�1 '�,1^��2 _. ��.,.....� >�� ; �_ r:�>:=. . ± Jea tte Jones /James R.True t�:'.�� ' � Deputy Clerk Chairman �; ' . Date: �—/�-`7� �.. ' �.. APPROVED AS TO FORM: i. � . C_'. - � � �;t J � . - , John M.E1+ Suza n Konchan t jC ttorney Coun anager 1 4 � I. . '.ir� a Vreslhreemnd.res � . . . a l � 1: i __ , � , � ,. - , `- � �':.. . _.___._.__.__....__.. ..._,.... ._.._ __. ___.._ _ _ _ , _ .___.. .._ __ . _._ .. _ . _.. . : � , . � • � . . ;': � :',. . . . ._ ; . � �� • .�-�.:.� . ._ . •A�y ,