The
first meeting of those interested in a RECALL of the mayor and vice mayor
will be at 7pm Tuesday, November 10, at Poor Richard's, 324 1/2; N. Tejon,
Colorado Springs.
The
meeting is in the back room.
12-60.
Action on Petitions.
(a)
Action by Council .
(1)
Recall . The Council, if the officer sought to be removed does not resign
within five (5) days after the attachment of the Clerk's Certificate that
a sufficient petition has been filed, shall order an election to be held
on a Tuesday fixed by it, not less than thirty (30) nor more than sixty
(60) days from the date of the Clerk's Certificate that a sufficient petition
is filed; provided, however, that if any other municipal election is to
occur within ninety (90) days from the date of the Clerk's Certificate,
the Council may, in its discretion, postpone the holding of the recall election
to the date of such other municipal election. If a vacancy occurs in said
office after the order for the recall election, the election shall proceed
as provided in this Article. The incumbent shall continue to perform the
duties of the office until the election. If then not recalled, such incumbent
shall continue in office. If then recalled, such incumbent shall be deemed
removed upon the qualification of the successor, who shall hold office during
the unexpired term. If the successor fails to qualify within ten (10) days
after receiving notification of the successor's election, the incumbent
shall thereupon be deemed removed and the office vacant. The method of removal
by recall herein provided for shall be cumulative and additional to any
method otherwise provided in this Charter. (1979; 1985)
(2)
Initiative . If the petition contains a request that said proposed ordinance
be submitted to a vote of the people, if not passed by the Council, the
Council shall within twenty (20) days after the attachment of the Clerk's
Certificate of Sufficiency to the accompanying petition either:
(i)
Pass said ordinance without alteration (subject to the provisions of Section
12-10(e) of this Charter); or
(ii)
Call a special election within ninety (90) days unless a general municipal
election is fixed within said ninety (90) days; and at such special or general
municipal election said proposed ordinance shall be submitted without alternation
to the vote of the electors of the City. (1979; 1985)
(3)
Referendum . When a referendum petition has been finally determined sufficient,
it shall be the duty of the Council to reconsider such ordinance, and if
the same be not entirely repealed, the Council shall submit the ordinance
to a vote of the electors of the City, at a special municipal election to
be called for that purpose within ninety (90) days of receipt of the Clerk's
Certificate, unless a general municipal election is fixed within said ninety
(90) days. (1979; 1985)
(b)
Submission to Voters; Election .
(1)
Recall . The nomination of other candidates, the publication of notice of
such removal election, and the conduct of the same shall all be in accord
with the provisions of Article XII hereof, relating to elections. (1979;
1985)
There
shall be printed on the official ballot, as to every officer whose recall
is to be voted on, the words, "Shall (name of person against whom the recall
petition is filed) be recalled from the Office of Councilmember, Mayor?"
Following such question shall be the words, "Yes" and "No," on separate
lines, with a blank space at the right of each, in which the voter shall
indicate his/her vote for or against such recall. Below the question shall
be printed in not more than two hundred (200) words, the reasons set forth
in the petition for demanding the recall, and in not more than three hundred
(300) words there shall also be printed, if desired, the officer's justification
of his/her course in office. (1979; 1985)
On
such ballots, under each question, there shall also be printed the names
of those persons who have been nominated as candidates to succeed the person
sought to be recalled; but no vote cast shall be counted for any candidate
for such office, unless the voter also voted for or against the recall of
such person sought to be recalled from said office. The name of the person
against whom the petition is filed shall not appear on the ballot as a candidate
for the office. Where more than one district Councilmember is subject to
the recall election, the candidates for a district Councilmember's position
shall be listed below that district Councilmember subject to the recall.
Where more than one Councilmember at large is subject to the recall election,
the candidates seeking election shall run at large and not in place of any
particular Councilmember whose removal is being sought. (1979; 1985)
(2)
Initiative .
(i)
Publication of Initiative Ordinance . Whenever any proposed ordinance is
required by this Charter to be submitted to the voters of the City at an
election, notice of such election shall be in accordance with Article XI
of this Charter, which notice shall include the full text of the initiated
ordinance, and if adopted by the electors of the City, such ordinance shall
be published within ten (10) days after such adoption, and shall become
effective immediately upon publication. (1979; 1985)
(ii)
Several Ordinances at One (1) Election . Any number of proposed ordinances
may be voted on at the same election, in accordance with the provisions
of this Article. (1979; 1985)
()
Ballots . The ballots used when voting upon each proposed ordinance shall
contain the words, "For the Initiated Ordinance" and "Against the Initiated
Ordinance" and the ballot shall contain the title of the ordinance as it
was circulated in the petition. (1979; 1985)
(3)
Referendum .
(i)
Publication . Notice of election shall be in accordance with Article XI
of this Charter, which notice shall include the full text of the ordinance
or only the title thereof, as Council may decide. (1979; 1985)
(ii)
Ballot . The ballots used when voting upon each referred ordinance shall
contain the words, "For the Ordinance" and "Against the Ordinance" and the
ballot shall contain the title of the ordinance as it was circulated in
the petition. (1979; 1985)