To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Title
Ordinance Proposing Amendments to the Town of Castle Rock Home Rule Charter and Referring to the Electorate the Questions of Approving the Charter Amendments at the Regular Municipal Election Conducted as a Coordinated Election on November 6, 2018 (Second Reading - Approved on First Reading July 17, 2018, by a vote of 5-0)
Body
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Executive Summary
The Ordinance was approved on first reading July 17, 2018, by a vote of 5-0.
With the voter affirmation of the Charter amendments clarifying the qualifications of the office of Mayor and timeframe for election of Mayor and re-districting, we can turn our attention to the remaining sections of the Charter that either currently do not recognize or some ambiguity exists regarding the distinction between the office of Mayor and Councilmember. The text of the proposed Charter amendments are set out in Sections 1 through 7 of the Ordinance. The proposed ballot questions are as follows:
Castle Rock Charter Amendment A:
Shall the last sentence of Section 3-1 of the Town of Castle Rock Home Rule Charter be amended to place the same restriction on the Mayor serving as Town Manager as currently applies to Councilmembers?
Section 3-1. Town Manager
Neither the Mayor nor a Councilmember shall be appointed Town Manager during the term for which the member of Council was elected, nor within one year after the expiration of the term of the Mayor or Councilmember.
Yes _____
No _____
Castle Rock Charter Amendment B:
Shall Section 3-5 of the Town of Castle Rock Home Rule Charter be amended to place the same prohibition on the Mayor regarding administrative service as currently applies to Councilmembers?
Section 3-5. Relationship of Council to Administrative Service.
Neither the Mayor nor a Councilmember shall direct or request the appointment of any person to, or removal from, employment by the Town Manager or in any manner take part in the appointment or removal of employees in the administrative service of the Town, except as otherwise provided in this Charter. Except for the purpose of inquiry, or to guide presentations of matters to the Council during its meetings, the Council and its members shall deal with that portion of the administrative service for which the Town Manager is responsible solely through the Town Manager, and neither the Council nor any member of Council shall give orders to any employee of the Town either publicly or privately.
Yes _____
No _____
Castle Rock Charter Amendment C:
Shall Section 4-4(a) of the Town of Castle Rock Home Rule Charter be amended to provide that Election Commission members are appointed by Town Council when other board and commission members are appointed?
Yes _____
No _____
Castle Rock Charter Amendment D:
Shall Section 6-3(a) of the Town of Castle Rock Home Rule Charter be amended to provide that the Mayor has the same voting authority as other members of Town Council?
Section 6-3. Voting.
(a) A vote shall be taken on all ordinances, resolutions and motions. Except where otherwise specified in this Charter, every ordinance shall require a majority vote of the members of Council holding office, for final passage, and resolutions and motions shall require a majority vote of the members voting thereon if a quorum is present.
Yes _____
No _____
Castle Rock Charter Amendment E:
Shall Section 6-3(b) of the Town of Castle Rock Home Rule Charter be amended to require the Mayor to vote on all Town Council matters as currently required of Councilmembers?
Section 6-3. Voting
(b) Except as otherwise required by this Section, each member of Council who is present shall vote on all ordinances, resolutions, and motions.
Yes _____
No _____
Castle Rock Charter Amendment F:
Shall Sections 6-3(c) and (d) of the Town of Castle Rock Home Rule Charter be amended to place the same prohibition on the Mayor voting regarding the Mayor’s conduct or a conflict of interest as currently applies to Councilmembers?
Section 6-3. Voting
(c) Neither the Mayor nor a Councilmember shall vote on any question concerning such member’s conduct. On such question, such member of Council shall abstain from voting after stating the reason for the abstention.
(d) Neither the Mayor nor a Councilmember shall vote on or participate in any discussion on any question with regard to which such member of Council has a conflict of interest pursuant to an applicable state statute, or as otherwise defined by ordinance. On such question, such member of Council shall abstain from voting after disclosing publicly the nature of the interest.
Yes _____
No _____
Castle Rock Charter Amendment G:
Shall Section 15-3(a) and (b) of the Town of Castle Rock Home Rule Charter be amended to clarify the process for recall of the Mayor?
Section 15-3. Recall.
(a) Any person holding elective office, including the office of Mayor or Councilmember, may be recalled at any time after six months in office, pursuant to the procedures set forth in this Charter and in those state statutes, as from time to time amended, which do not conflict with this Charter and which establish procedures for the recall of municipal elective officers.
(b) A recall petition of the Mayor shall be signed by registered electors of the Town. A recall petition of a Councilmember shall be signed by registered electors of the district from which the incumbent sought to be recalled was elected. The signers of a recall petition for Mayor or Councilmember shall number at least twenty-five percent of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be recalled occupies. For the purpose of this Section, the "last preceding election" shall be the last preceding election at which the person sought to be recalled was elected to office, unless the person sought to be recalled was appointed to fill a vacancy, in which event it shall be the last preceding election at which the person who created the vacancy was elected to office.
Yes _____
No _____
Staff Recommendation
Staff recommends approval of the Ordinance as presented on second and final reading
Proposed Motion
“I move to approve Ordinance No. 2018-026, as introduced by title on second and final reading.”
Attachments
Attachment A: Ordinance