To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Title
Ordinance Amending Title 2 of the Castle Rock Municipal Code by the Addition of a New Chapter 2.35 Concerning Reimbursement of Certain Recall Expenses (Second Reading)
Body
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The Ordinance was approved on first reading September 6, 2016 by a vote of 5-0. Changes to the ordinance from first reading: (i) disqualify reimbursement of expenditures paid out of candidate or issue committee funds, and (ii) 2.03.040 expressly permits the denial of the entire reimbursement request.
Executive Summary
This Ordinance captures the statutory mechanism by which a Councilmember who successfully retains his or her seat in a recall election may seek reimbursement for certain expenses incurred. The Ordinance varies from the statutory provision as necessary to resolve an ambiguity in the statute, as noted below. Adoption of this Ordinance enables the Town Council to authorize reimbursement. Town Council will review each reimbursement request and determine which expenditures are appropriate for reimbursement. The qualification as to whether a reimbursement request may be considered is addressed in this section of the ordinance.
C.R.S., §31-4-504.5(1) If at any recall election the incumbent Councilmember whose recall is sought is not recalled, or in the event of a protest, the hearing officer determines that the petitions are not sufficient based upon the conduct on the part of petition circulators, the municipality Town may repay reimburse the incumbent Councilmember for certain expenses incurred in such recall proceeding in accordance with this Chapter. for any money actually expended as expenses of such election when such expenses are authorized by this action.
The Town Council is obligated to act on the reimbursement request within 45 days of filing of the reimbursement request with the Town Clerk. Reimbursement of qualified expenses is made by Town Council resolution.
Staff Recommendation
Staff recommends approval of the Ordinance on first reading as presented.
Proposed Motion
“I move to approve the Ordinance as introduced by title on first reading.”
Attachment
Attachment A: Ordinance