City Council Study Session Agenda and Packet 2019 11 12

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VACANCIES, RECALLS AND REMOVALS Vacancies. A vacancy in the office of mayor or a city council or town board may occur as a result of an elected official's death, disability, resignation, removal, or failure to qualify after being duly elected. For statutory towns, when a vacancy occurs either in the office of mayor or in the board of trustees, the board may fill the vacancy either by appointment or special election.75 If by appointment, the person appointed will serve for the remainder of the term of the vacated office until the term of his or her successor, elected at the next regular municipal election, commences.71 The board also has the option to call a special election to fill a vacancy, and the person elected will serve until the next regular election, and until the term of his or her successor commences.77 If the board has not made an appointment or called an election within 60 days after the vacancy occurs, then the town loses the option to choose a preferred replacement method, and instead must order an election as soon as practicable to fill the vacancy. For statutory cities, when a vacancy in the office of mayor occurs, the council may order a special election "as soon as practicable" to fill the vacant seat until the term of office of a successor elected at the next regular election has commenced, and the council may appoint any "registered elector" to act as mayor until such special election. If the city council does not call a special election, it must fill the vacancy by appointment until the term office of a successor mayor elected at the next regular election has commenced.78 For statutory cities, the procedures for filling vacant city council seats are slightly different than mayoral vacancies. In case any city council seat becomes vacant, the vacancy may be filled by the city council by appointment or by a special election until the term of office of a successor elected at the next regular election has commenced. If the city council does not fill the vacancy by appointment or order an election within 60 days after the vacancy occurs, it must order an election as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced.79 Removal. In statutory towns, a mayor or trustee may be removed from office by a majority vote of all the members of the board of trustees. A charge must be made in writing and there must be an opportunity for a public hearing prior to such removal, except when the mayor or trustee has moved his or her residence out of the town.80 In statutory cities, the mayor or city councilmember may be removed from office by a two-thirds majority vote of all the members elected to the council, if good cause is shown. No member, including the mayor, may be subjected to a second vote for removal for the same offense.81 Recall. Mayors, city councilmembers, and town board trustees may be recalled by registered voters entitled to elect a successor to that office.81 The petition for recall must include a general statement of the grounds for recalling the mayor, although these grounds may not be challenged in court.83 To be valid, each signature must be accompanied by the address of the currently registered elector signing the petition. The minimum signature requirement for recall petitions is the number of registered electors equal in number to 25 percent of the entire vote cast for all the candidates for that particular office at the last regular election.84 Once a petition is found adequate, the governing body must call an election, to be held in not less than 30 nor more than 90 days after the date of submission of the petition to the governing body by the clerk.85 However, if a regular election is scheduled within 180 days, then the recall must be held in conjunction with that election; except that, if the officer sought to be recalled is seeking reelection in the already scheduled election, only the question of such officer's reelection shall appear on the ballot." 75 C.R.S. § 31-4-303. 76 C.R.S. § 31-4-303. 77 See C.R.S. § 31-4-401 (the term of the successor commences with taking the oath of office). 78 C.R.S. § 31-4-103(1). 79 C.R.S. § 31-4-108(2)(b). 80 C.R.S. § 31-4-307. 81 C.R.S. § 31-4-108(1). 82 C.R.S. §§ 31-4-501 et seq.; COLO. CONST. art XXI, § 4 83 C.R.S.§ 31-4-502. 84 C.R.S.§ 31-4-502. 85 C.R.S. § 31-4-503(4) 86 C.R.S. § 31-4-503(4) Heather Balser / City of Louisville Order #azzov CQr�rLNN Xb&� UNICIPAL LEAGUE opyright by C