To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Title
Ordinance Calling a Special Municipal Election of the Town of Castle Rock on November 7, 2017 as Part of the Douglas County Coordinated Election for the Purpose of Submitting to the Registered Electors of the Town Proposed Amendments to the Town of Castle Rock Home Rule Charter, Setting the Ballot Title, and Providing for the Conduct of Such Election (Second Reading - Approved on First Reading as Amended 7-0)
Body
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Modification from First Reading
On August 1, 2017 the Town Council approved Ordinance No. 2017-024, as introduced by title on first reading, with the following amendment to the Ballot Title set forth in Section 3 by a vote of 7-0 to read as follows:
Shall the Town of Castle Rock Home Rule Charter be amended to provide that the Town Council, the seven-member governing body of the Town, consist of a Mayor elected by all of the electors of the Town for a four-year term, with the Mayor’s service limited to two four-year terms, and six Councilmembers who are elected for four-year terms by the electors of the district where each such Councilmember resides?
This ballot language appears in the ordinance presented for second reading, with one minor edit.
Executive Summary
On July 20, 2017 the Acting Town Clerk certified to the Town Council the sufficiency and validity of a citizen-initiated petition to amend the Town Charter (the “Charter Amendment”), calling for a special election on the proposed amendments in November 2017. The substance of the Charter Amendment is addressed below. Colorado statutes require that the Council fix the ballot title for the Charter Amendment at the next Council meeting. The Charter prescribes that special elections are called by ordinance. This ordinance establishes the ballot title and authorizes the special election to be conducted by Douglas County at the November 7, 2017 coordinated election pursuant to Intergovernmental Agreement (Attachment A). Second reading action on this ordinance will be scheduled for the August 15th regular Council meeting, completing Council action on the proposed Charter Amendment in a timely manner under both state statutes and the Charter.
Discussion and Analysis
The Charter Amendment reconstitutes the Town Council into a Mayor elected at-large and six Councilmembers elected from districts. The office of Mayor becomes a separate and distinct office from that of Councilmember, resulting in the reduction of district Council seats from seven to six. The powers and responsibilities of the Mayor are not expanded from those of the current Council-appointed Mayor. The office of Mayor is a four-year term, with service by any one individual limited to two terms. The changes effected by the Charter Amendment are depicted in context in Attachment B. The petitioners have directed that the Charter Amendment be considered at a special election in November, consequently the Council is obligated to call a special election for that date.
The Charter Amendment does not specify the general election at which the Mayor will first be elected, which could first occur at the regular election in November 2018. It is logical and preferable that the period of time be minimized during which the seated Council does not reflect the Charter-mandated Council. But that remains an inference, not a mandate from the express language of the Charter Amendment or the statement of intent submitted by the petition representatives which is Attachment C.
There are additional complications with the necessary re-districting from seven to six for which the Charter Amendment gives no guidance. 4-5(a) of the Charter, unchanged by the Charter Amendment, specifies that the next re-districting will occur in 2021. The four Councilmembers elected in 2016 are entitled to complete their four-year terms irrespective of the implementation of the Charter Amendment (see 4-5(d)). If the Mayor is first elected in 2018, then only two Council seats may be filled at that election, necessitating a reconfiguration of District boundaries, unless one district is arbitrarily left vacant and without representation.
Absent express Charter authorization, under what authority could a 2018 redistricting be accomplished? As indicated in the form of the ballot title included in the proposed ordinance, voters may be asked to confirm a 2018 implementation schedule. Alternatively, the Town Council could adopt an ordinance after passage of the Charter Amendment asking the Election Commission to convene in 2018 for an extraordinary re-districting and/or the Election Commission could act of its own initiative under 4-4(b) of the Charter which provides “In any case where election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed.” Finally, the Town Council could call a special election for 2018 and refer by ordinance further enabling and transitional Charter amendments clearing up any of these and other uncertainties, assuming voter approval.
Other than the option of Council referral to a subsequent special election, none of these alternatives is unquestionably authoritative, and each could be subject to legal challenge. However, this uncertainty does not relieve the Town Council of the obligation to refer the Charter Amendment to the voters in November. It is the opinion of this office that it is preferable to include the 2018 timing of re-districting in the text of the ballot title and question. The electorate is the final arbiter of Charter changes and this provides an opportunity for the electorate to directly add clarity on the timing of implementation of the Charter Amendment and the related re-districting.
However, if the Council prefers to structure a ballot question that hews strictly to the language of the Charter Amendment, then the following form of title and question may be substituted in Section 3 of the ordinance:
Shall the Town of Castle Rock Home Rule Charter be amended to provide that the Town Council, the seven-member governing body of the Town, consist of a Mayor elected by all of the electors of the Town for a four-year term, with the Mayor’s service limited to two four-year terms, and six Councilmembers who are elected for four-year terms by the electors of the district where each such Councilmember resides?
Staff Recommendation
Staff recommends adoption of the Ordinance as presented.
Proposed Motion
“I move to approve Ordinance No. 2017-024 as introduced by title on second and final reading.”
Attachments
Attachment A: Ordinance
Attachment B: Charter Amendment
Attachment C: Statement of Intent