City Council Study Session Agenda and Packet 2019 11 12

Home Browse Search

If done in a written letter to the clerk, a letter of resignation for the target of the recall will terminate any pending recall proceedings, unless otherwise impracticable, in which case, votes on the question shall not be counted.87 A recall petition may not be circulated or signed against a mayor, city councilmember, or trustee unless he or she actually has held office for at least six months. Once an unsuccessful recall election has been held, no further attempt may be made to recall the mayor for the remainder of his or her term of office, unless a petition is submitted meeting all of the previously stated requirements equal to 50 percent of the votes cast for mayor in the last regular election." If at any recall election the incumbent whose recall is sought is not recalled, or in the event of a protest, a hearing officer determines that the petitions are not sufficient based upon the conduct of the circulators, the municipality has the discretion to repay the incumbent for any money actually expended in defending the recall election, if so provided by ordinance.89 TOWN ADMINISTRATORS AND CITY MANAGERS Overview. When deemed prudent and reasonable to do so, town boards and city councils have express statutory authority to employ a professional town administrator or city manager to manage the administrative, financial, and operational responsibilities of the town or city. Establishment and dissolution. A town board may appoint a town administrator simply by enacting an ordinance prescribing the administrator's duties and compensation.90 By contrast, establishing a city council —city manager form of organization in a statutory city is more involved, and the roles and responsibilities of a city manager are prescribed in significant detail by statute. To establish a council—manager government model, a petition requesting an election on the question signed by 5 percent of the registered voters in the city and presented to the city council is sufficient to require the city council to adopt an ordinance calling for an election on the issue. The election must then be held within four months from the date the petition is submitted to the city council. The petition for the election must state whether the mayor shall be elected by the members of the city council or by a plurality of votes cast for that office at the next regular election.91 Unless otherwise provided in the specific state statutes governing council—manager cities, all laws governing mayor —council cities apply equally to council—manager cities.92 Once the council—manager form of government is established, the electors of the city may subsequently petition for an election to either change the method of selection of the mayor or revert back to the mayor -council form of government.93 The proposal for the new form of government will pass if it receives a majority of all votes cast. The current form of government will continue to function until the next regular election, at which time the officers required for the new form are selected in accordance with the terms of the successful proposal, and the new form commences when the new officers take office.94 Any change from one form of government to the other commences upon the taking of office by the new officers. Note that since new officers may only be elected at a regular municipal election, changes cannot actually occur more frequently than every two years.95 THE CITY MANAGER In statutory cities, a city manager is selected and appointed for an indefinite term by the city council on the sole basis of his or her executive and administrative abilities. No current member of the city council is eligible to be appointed as city manager.96 The city manager serves at the pleasure of the council, to whom he or she must answer, and may be removed or suspended pending removal, solely by the council. If this happens, the manager, upon request, has a right to 87 C.R.S.§ 31-4-504(1) 88 C.R.S.§ 31-4-505. 89 C.R.S.§ 31-4-504.5. 90 C.R.S.§ 31-4-304. 91 C.R.S.§ 31-4-202(1). 92 C.R.S.§ 31-4-204. 93 C.R.S.§ 31-4-202(4). 94 C.R.S.§ 31-4-203. 95 C.R.S. § 31-4-203. 96 C.R.S.§ 31-4-210. Heather Balser / City of Louisville OrdeCopyright 201 byC er Date: 10/3 vzol9 COLORADO MUNCIPAL GOVERNMENT. AN INTRODUCTION Copyright by Ci�