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<br />CASE #, <br /> <br />. PUBLIC HEARING TO <br />CONSIDER ADOPTION OF AN ORDINANCE , <br />TO AMEND CITY CHARTER SECTIONS 2.5 and 4.5.5 <br /> <br />By:' William K. Goodrich, City Attorney <br /> <br />Background: <br /> <br />The Charter Commission bas been meeting over the past several months to consider amendments <br />andto draft amendment language to Charter Sections 2.5 and 4.5.5. <br /> <br />-At its Jone 12.2008 meeting the CharterCoDlI!lission recotnDlen<led tho! the City Council enact an <br />ordinance to amend the Charter as above stated. - - - <br /> <br />The Section 2.5 proposed am.endtnent changes the procedure for announcing an elected office <br />vacancy and adds a provision for a sitting counciJmember to act as a liaison for the constituents <br />, whose elected office.is vacated'. <br />The Section 4.5.5 proposed amendment changes the procedure for elected office v=C"f wen the <br />vacancy occurs at a time 50 close to either the pritnarY or general elec1ion tho! the nonna1 time <br />requireroents cannot be met. These am.endtnents are required primarily because of edoption of the <br />pritnarY election system in the City. At the time of adoption of the pritnarY system. Section 4.5.5 <br />was not amended to reflect the necessary cbanges. - - <br />It is anticipated tho! Charter coDunission Cba\Ipet5OI1 Hannah LaMere will be present at the public <br />bearing to speak on behalf of the proposed ordinance. A draft of the ordinance recormnended is <br />also enclosed.. . <br /> <br />The procedute fur amending the ord\nanCC is prescribed by State Statute which is as follows: <br /> <br />(I) - The Charter Comtnission recormnendsthe amendment by ordinance to the City <br />Council. The City Council does not have the. authority to change the Charter <br />Commission's recommendation. <br /> <br />(2) Prior to final ord\nanCC _en!, 1he Council must bold a pnblic bearing upon twO <br />week's published notice. <br /> <br />(3) The ordinance requires the affumative yote of all Councibnetnbers to be adopted. <br /> <br />(4) The ordinance is not effective unti190 days after passage and publication. <br /> <br />(5) Wrtbin60 days after passage and publication of the ordinanJ:e. a petition reqnOsting <br />a referendum on the ordin8nce can be tiled with the City Clerk. If a petition is filed, <br />I will advise on the procedure after the petition filing. ' <br /> <br />Enclosure: <br /> <br />Existing Charter provisions and redlined drafts of Charter sections 2.5 and 4.5.5. <br />Charter Commission June 12,.2008 unapproved minutes. <br />Ordinance recommended by the Charter Commission. <br /> <br />-91- <br /> <br />-33- <br />