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ADOPTING A NEW CHAPTER 2.05 RELATING TO THE REMOVAL OF MEMBERS OF THE LAKEWOOD
CITY COUNCIL
WHEREAS, the City of Lakewood Charter, at Section 2.13, provides that the City
Council shall have the power to remove its members from office, including the
Mayor, for cause, as provided in Ordinance hereafter adopted; and
WHEREAS, it is necessary for the City Council to adopt an ordinance providing
for the method and reasons for removal of a Council member from office.
NOW, THEREFORE, Be It Ordained by the City Council of the City of Lakewood,
Colorado, that:
Section 1. Chapter 2.05 of the Lakewood Municipal Code is hereby adopted as
follows:
2.05.010 Removal. The City Council shall have the power to remove its members
from office, including the Mayor, for cause, upon a vote of not less than three-fourths
of all members of the City Council.
2.05.020 Cause for Removal. The following enumerated matters shall be the reasons
for removal of a City Council member from the City Council:
A. Physical or mental disability rendering the Council member unable to perform
Council duties;
B. Absences from regular City Council meetings or study sessions when such absences
equal thirty (30) per cent of all regular City Council meetings and study sessions
in a calendar year;
C. For a Council member, lack of residence in ward from which elected; for the
Mayor, lack of residence within the City;
D. Knowing disclosure of confidential information. Confidential information
means information which is not available to the general public under applicable
laws, ordinances and regulations, and which is obtained by reason of the Councilmember's
position with the City.
E. A conviction of a violation of the Colorado Constitution or Colorado Statutes,
which conviction prohibits serving as a Council member.
2.05.030 Procedure. The procedure for the removal of a City Council member shall
be as follows:
A. Charges shall be brought against the Council member by a majority vote of
all members of the City Council;
B. The charged Council member shall be provided written notice of the charge
or charges and the time and place of the hearing on said charge or charges,
which hearing shall be held before the City Council;
C. The charged Council member may be represented by counsel. The City Council
shall appoint special counsel to conduct the hearing and present evidence;
D. The hearing shall be conducted in a quasi-judicial forum. The allegations
shall be presented on behalf of the City, by special counsel selected by the
City.
E. At the hearing, which shall be open to the public, the parties shall have
the right to:
1. Present testimony.
2. Produce evidence.
3. Cross-examine witnesses.
4. Be represented by legal counsel.
2.05.040 Vacancy. Vacancy shall be filled as provided by City Charter. A Council
member may not be removed a second time for the same offense.
Section 3. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing Ordinance was introduced
and passed on first reading at a regular meeting of the Lakewood City Council
on the 10th day of June, 2002; published in full in the Lakewood Sentinel on
the ____ day of ___________________, 2002; introduced, read, finally passed
and adopted by the City Council on the ____ day of _________________, 2002;
and signed and approved by the Mayor on the dates hereinabove set forth.
Stephen A. Burkholder, Mayor
ATTESTED AND CERTIFIED:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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