HomeMy WebLinkAboutPACKET Town Board Study Session 2012-02-14Proposal
Returning to the Estes Park Voters
The Mayor’s Right to Vote
On All Matters
January 2011
Mark Elrod, Trustee
The Town of Estes Park is a statutory town. The statutes of the State of Colorado control many
Town powers. One of the more curious exceptions is that found in Section 31-4-302. Mayor –
powers which provides:
31-4-302. Mayor - powers.
The mayor or, in his absence, one of the trustees, who may be elected mayor pro tem, shall
preside at all meetings of the board of trustees and shall have the same voting powers as any
member of said board. The mayor shall be considered a member of the governing body and the
board of trustees. However, a town may provide by ordinance that the mayor shall not be
entitled to vote on any matter before the board, except in the case of a tie vote. (emphasis
supplied) If such an ordinance is adopted, it shall also provide that any ordinance adopted and
all resolutions authorizing the expenditure of money or the entering into of a contract shall be
subject to disapproval by the mayor as provided in section 31-16-104. Such an ordinance may
provide or may be amended to provide that the mayor shall not be counted for purposes of
determining a quorum or for the requisite majority on any matter to be voted on by the board of
trustees. Any such ordinance may be adopted, amended, or repealed only within the sixty days
preceding any election of a mayor, to take effect upon such mayor's assumption of office.
(emphasis supplied)
Source: L. 75: Entire title R&RE, p. 1034, § 1, effective July 1. L. 81: Entire section amended,
p. 1494, § 6, effective June 8. L. 89: Entire section amended, p. 1291, § 10, effective April 6.
Editor's note: This section is similar to former § 31-3-302 as it existed prior to 1975.
Our current Town Municipal Code Chapter 2.12 Mayor provides:
2.12.030 Vote Required
The Mayor shall have no vote upon any question except in the case of a tie
vote. (emphasis supplied) All ordinances and resolutions adopted authorizing the
expenditure of money or the entering into a contract require the approval and
signature of the Mayor before they can become valid (Prior code section 4.8; Ord.
15-97, 1997; Ord. 10-10, 2010).
Therefore it appears that the prior code section 4.8 limited the Mayor ’s right to
vote except only in the event of a tie. The additional ordinance references seem to
indicate that nothing in the new ordinances were to return the language to that
provided for by Colorado Statute providing the Mayor with a vote on all matter s
before the Board.
I have found when communicating with the public they are surprised that the
Colorado Statute provides for the Mayor to have a full vote with oth er Board
members, they are further bewildered it was limited by prior municipal code or
ordinance to prohibiting the Mayor to vote with the exception to break a tie.
Voters have the right to elect their Mayor and Trustees. Colorado Statute provides
that the Mayor and the Trustees have equal votes. To limit the Mayor’s ability to
vote except in the case of a tie appears to be limiting the voters’ rights to
representation through the electoral process. With our form of government
(Mayor/Trustees/Town Administrator) there is no rational reason to limit the
Mayor’s voting power.
We have the power as provided in Colorado Statute 31 -4-302 as follows … “Any
such ordinance may be adopted, amended, or repealed only within the sixty days
preceding any election of a mayor, to take effect upon such mayor's assumption
of office.” I would suggest we take the time in 2011 to seriously consider
changing our ordinance to comply with the power of this statute prior to the 2012
Mayoral election. I believe we need a full disclosure to the public of the history of
this issue … provisions of the Colorado Statues, the limiting of this power by prior
Municipal Code and Ordinances and why, listening to the public what they believe
would be in their best interest, and the ability to take action to be in compliance
with provisions returning the vote to the Mayor within the timelines provided by
the statute should that be the consensus of the voters.
MDE