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8540 - SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF BOULDER AT THE SPECIAL MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, THE QUESTION OF WHETHER TO AMEND SECTION 5 OF THE BOULDER HOME RULE CHARTER TO PREVENT A CANDIDATE ORDINANCE 8540 1 2 AN ORDINANCE SUBMITTING TO THE REGISTERED 3 ELECTORS OF THE CITY OF BOULDER AT THE SPECIAL 4 MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, THE QUESTION OF 5 WHETHER TO AMEND SECTIONS 5 AND 9 OF THE BOULDER HOME RULE CHARTER TO PROHBIIT RUNNING 6 FOR MORE THAN ONE OFFICE AT AN ELECTION, ALLOW A COUNCIL MEMBER WHOSE TERM DOES NOT EXPIRE AT 7 THE ELECTION TO RUN FOR MAYOR IN THE ELECTION, FILL A VACANCY FOR THE EXPIRED TERM, AND CHANGE 8 THE SWEARING-IN DATE OF NEWLY ELECTED OFFICIALS; SPECIFYING THE FORM OF THE BALLOT AND 9 OTHER ELECTION PROCEDURES; AND SETTING FORTH RELATED DETAILS. 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, 12 COLORADO: 13 14 Section 1. A special municipal coordinated election is called to be held on Tuesday, 15 November 8, 2022. 16 Section 2. At that election, a question shall be submitted to the electors of the City of 17 Boulder entitled by law to vote, that will allow voters to determine whether to amend the Boulder 18 Home Rule Charter to prevent candidates from running for more than one office at the same 19 election, allowing council members whose terms have not expired to run for mayor without 20 resigning their seat unless elected mayor, filling vacancies for the vacated term, and changing the 21 22 swearing-in date of newly elected officials to December. The material to be removed is shown 23 stricken through with solid line and the material to be added is shown as underlined. The last 24 sentence of the first paragraph of Section 5 shows as added but is relocated language from another 25 K:\\CCCO\\o-8540 Cont. 2nd Rdg-3406.docx portion of Section 5. 1 2 - Terms of office-election-recall. 3 . . . A person may be a candidate for only one office at any election. A council member whose 4 term is not ending the November of the election may run for mayor without resigning their council seat. Such council member shall not be required to resign as a council member unless they win 5 the election to the office of mayor. If a council member whose term is not ending the November of the election wins election to the office of mayor, then the council candidate receiving the fifth 6 . 7 The term of office for the mayor shall be two years. 8 If there shall be vacancies to be filled at a general municipal election, other than those 9 occurring due to the expiration of a regular term, the vacancy term shall be for the duration of the vacated termtwo years, and additional council members or a mayor shall be elected until there 10 shall be a council of eight council members and a mayor. 11 In the event that a council member whose term is not ending the November of the election wins election to the office of mayor in the regular municipal election, then the council 12 candidate receiving the fifth highest number of votes in that same election shall complete that 13 14 The terms of all council members and the mayor shall begin at 10:00 a.m. on the third Tuesday in November 5:00 p.m. on the day of the first business meeting of the council in 15 December following their respective elections. In the event that one or more of the prevailing candidates is not determined by such time because the vote count is incomplete or inconclusive, 16 or a recount is required, the terms for such council member(s) shall not begin until the business day following the final determination of the election results for that candidate. All council 17 members and the mayor shall be subject to recall as provided by this charter. 18 Sec. 9. Meetings of council. 19 At 10:00 a.m. on the third Tuesday in November 5:00 p.m. on the day of the first business meeting of the council in December following each general municipal election, the council shall 20 meet at the usual place of holding meetings, at which time the newly elected council members 21 shall take office. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution and shall meet in regular session at least once in each calendar month. The mayor, 22 acting mayor, or any five council members may call special meetings upon at least twelve hours' written notice to each council member, served personally on each, or left at each member's place 23 of residence. 24 . . . 25 K:\\CCCO\\o-8540 Cont. 2nd Rdg-3406.docx Section 3.The official ballot shall contain the following ballot title, which shall also 1 2 be the designation and submission clause for the measure: 3 Ballot Question No. ____ 4 Charter Clarification of Candidate Issues 5 ShallSections5and 9 of the Boulder Home Rule Charter be amended toallow candidates to run for only one office at an election, 6 allow a council member whose term does not end attheelection to run for mayor without resigning theirseat unless they win the office 7 of mayor,fill vacancies for the remainder of the vacated term, and change the swearing-in date of newly elected officialsas provided 8 in Ordinance 8540? 9 For the Measure____Against the Measure____ 10 11 Section 4.This ordinance is necessary to protect the public health, safety, and welfare 12 of the residents of the city, and covers matters of local concern. 13 Section 5.The City Council deems it appropriate that this ordinance be published by 14 title only and orders that copies of this ordinance be made available in the office of the city clerk 15 for public inspection and acquisition. 16 17 18 19 20 21 22 23 24 25 K:\\CCCO\\o-8540 Cont. 2nd Rdg-3406.docx INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY 1 2 TITLE ONLY this 21stday of July2022. 3 ____________________________________ 4 Aaron Brockett, Mayor 5 Attest: 6 7 ___________________________________ 8 City Clerk 9 READ ON SECOND READINGAND CONTINUED this11thday of August 10 2022. 11 12 ___________________________________ 13 Aaron Brockett, Mayor 14 15 Attest: 16 17 ___________________________________ 18 City Clerk 19 20 21 22 23 24 25 K:\\CCCO\\o-8540 Cont. 2nd Rdg-3406.docx CONTINUED this18thday of August2022. 1 2 ___________________________________ 3 Aaron Brockett, 4 Mayor 5 Attest: 6 7 8 ___________________________________ City Clerk 9 10 READ ON CONTINUED SECOND READING, PASSEDAND ADOPTED,this1stday 11 ofSeptember2022. 12 13 ___________________________________ Aaron Brockett, 14 Mayor 15 Attest: 16 17 18 ___________________________________ City Clerk 19 20 21 22 23 24 25 K:\\CCCO\\o-8540 Cont. 2nd Rdg-3406.docx