CITY OF WOODLAND PARK PUBLIC NOTICE
Public Hearing on Ordinance No. 1410, Series 2021, was held on January 20th, 2022 at 7:00 PM. The aforesaid Ordinance was posted on the City’s website January 10, 2022 prior to the City Council meeting, passed on first reading January 6, 2022, ordered published, as required by Section 7.6 of the Charter of the City of Woodland Park. The aforesaid Ordinance was approved by City Council as presented below.
CITY OF WOODLAND PARK, COLORADO
ORDINANCE NO. 1410
(Series of 2021)
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF WOODLAND PARK, COLORADO SUBMITTING A BALLOT QUESTION TO THE ELECTORS OF THE CITY TO AMEND THE CITY’S CHARTER TO SPECIFY THAT ELECTED AND APPOINTED OFFICIALS MAY BE REMOVED FROM OFFICE FOR MISCONDUCT
WHEREAS, the City of Woodland Park (the “City”) is a home rule municipality duly organized and validly existing under the Colorado Constitution and the City Charter (the “Charter”);
WHEREAS, Article XV, Section 15.10 of the Charter provides that the Charter may be amended at any time in the manner provided by statute;
WHEREAS, Article XX, Section 5 of the Colorado Constitution and C.R.S. § 31-2-210(1)(b) provide that the City Council may submit a Charter amendment to a vote by ordinance;
WHEREAS, C.R.S. § 31-2-210(1)(b) further provides that an ordinance to submit a Charter amendment to a vote must also adopt a ballot title for the proposed amendment;
WHEREAS, existing Charter language classifies certain conduct by elected and appointed officials as “misconduct” without specifying a penalty for such misconduct;
WHEREAS, the City Council wishes to seek voter direction on whether the Charter should be amended to specify that elected and appointed officials may be removed from office for misconduct;
WHEREAS, the next municipal election is scheduled for April 5, 2022;
WHEREAS, the City Council hereby determines that it is necessary to submit to the electors of the City, at the municipal election to be held on April 5, 2022, the question of whether to amend the Charter to specify that elected and appointed officials may be removed from office for misconduct.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOODLAND PARK, COLORADO, AS FOLLOWS:
Section 1. Pursuant to the Charter, the Colorado Constitution, and C.R.S. § 31-2-210(1)(b), the following proposal shall be submitted to the electors of the City and shall become effective if approved by the majority of the voters at the municipal election to be held on April 5, 2022.
Section 2. The following ballot language is hereby referred to the voters at said election:
PROPOSED BALLOT QUESTION TO AMEND THE CITY’S CHARTER TO SPECIFY THAT ELECTED AND APPOINTED OFFICIALS MAY BE REMOVED FROM OFFICE FOR MISCONDUCT
SHALL ARTICLE XV, SECTION 15.16 OF THE CHARTER FOR THE CITY OF WOODLAND PARK BE AMENDED TO SPECIFY THAT ELECTED AND APPOINTED OFFICIALS MAY BE REMOVED FROM OFFICE FOR MISCONDUCT BY THE CITY COUNCIL?
Section 3. If the above question is ratified by a majority of the voters of the City at the municipal election to be held on April 5, 2022, Article XV, Section 15.16 of the Charter shall be repealed and replaced as follows:
Section 15.16 – Misconduct; Removal from Office
Any willful violation of a provision of this Charter shall constitute misconduct. By an affirmative roll call vote of at least five (5) of the members of the City Council, the Mayor, a Council member, or any appointed official may be removed from office for misconduct. No removal shall be made without notice to such elected or appointed official which contains the charge in writing and the facts upon which the charge is based and an opportunity of a hearing before the City Council, which shall be held no sooner than ten (10) days after the date the notice is given.
Section 4. All acts, orders, resolutions, ordinances, or parts thereof in conflict with the foregoing Charter amendment shall be repealed at the time the amendment takes effect.
Section 5. Severability. The provisions of this ordinance are severable and the invalidity of any section, phrase, clause, or portion of the ordinance as determined by a court of competent jurisdiction shall not affect the validity or effectiveness of the remainder of the ordinance.
Section 6. Effective Date. This ordinance shall be in full force and effect upon its publication as required by law and approval by a majority of those voting at the city election to be held on April 5, 2022.
PASSED BY CITY COUNCIL ON SECOND AND FINAL READING FOLLOWING PUBLIC HEARING THIS ___ DAY OF ___________, 2022
City of Woodland Park
Hilary LaBarre, Mayor Pro-Tem
City Clerk, Suzanne Leclercq