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Home My WebLink AboutR11-109 Extend Term Limits for DA Commissioner - moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - /0 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO, OF A BALLOT QUESTION WHICH WOULD EXTEND TERM LIMITATIONS FOR THE OFFICE OF DISTRICT ATTORNEY IMPOSED IN ACCORDANCE WITH ARTICLE XVIII, SECTION 11 OF THE CONSTITUTION OF THE STATE OF COLORADO; SAID BALLOT QUESTION TO BE SUBMITTED AT THE CORDINATED ELECTION TO BE HELD NOVEMBER 1, 2011; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION; PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER; AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF. WHEREAS, Article XVIII, Section 11, of the Constitution of the State of Colorado, provides that no elected officials of any county or political subdivision of the State of Colorado, shall serve more than two consecutive terms in office; and WHEREAS, Article XVIII, Section 11 of the Constitution of the State of Colorado further provides that the voters of the County may eliminate the limitations on terms of office imposed by this Section 11; and WHEREAS, a District Attorney is an elected official subject to these same term limit restrictions; and WHEREAS, the District Attorney for the Fifth Judicial District serves Clear Creek, Eagle, Lake and Summit Counties; and WHEREAS, at the general election held November 5, 2002, a question to remove term limits for all elected officials in Eagle County, except the District Attorney, was submitted to the electors of Eagle County with said electors opting to remove term limits for all offices but the office of County Commissioner; and WHEREAS, the Board of County Commissioners has been requested to submit to the electors, voting in the next coordinated election, a question to extend the term limit for the elected office of District Attorney by one additional and consecutive term of four years, thereby limiting the term of the District Attorney to three four -year terms rather than the current two four -year terms; and WHEREAS, the electors of Eagle County may desire the option to retain certain elected officials in office to benefit from the skills, expertise and knowledge they possess; and WHEREAS, extending the term limit by one additional term is consistent with the elector' s desire to broaden participation in public service by retaining a term limit, while allowing some more continuity in service if desired by the electors; and WHEREAS, the Board of County Commissioners believes that the electors of Eagle County should have the option to vote to extend the term limits of the elected officials for an additional term if they so desire; and WHEREAS, the proposal for the extension of District Attorney term limits may be submitted at the election to be held on November 1, 2011; and WHEREAS, such election shall be conducted by the Eagle County Clerk and Recorder in accordance with the "Uniform Election Code ", Articles 1 to 13, of Title 1, Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. Certification of Question to Clerk and Recorder for Election. The following questions shall be presented at the Coordinated Election to be held on Tuesday, November 1, 2011. That said election shall be held in accord with the provisions of Uniform Election Code. Section 2. Form of Title and Ballot Question. At the coordinated election, there shall be submitted to a vote of the registered electors of the County the following question: "COUNTY REFERRED MEASURE # - MODIFYING TERM LIMITS FOR THE DISTRICT ATTORNEY BY ONE TERM (FOUR YEARS) SHALL THE MAXIMUM TERM OF OFFICE FOR THE DISTRICT ATTORNEY OF THE FIFTH JUDICIAL DISTRICT BE LENGTHENED BY ONE ADDITIONAL TERM SO THAT THE DISTRICT ATTORNEY MAY BE ELECTED FOR A MAXIMUM OF THREE CONSECUTIVE TERMS." Section 3. Certifying the Ballot. Pursuant to the provisions of C. R. S. 1 -5- 203(3), the County Clerk, as the designated and coordinated Election Official, shall certify the ballot. Section 4. Severabilitv. If any part, section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 2 7 day of O 11. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY CO ISSIONERS o Ica i � H: f` 1 B y: ...1y§ ,� Clerk to the Board of �`, ,. Jo ' Stay ey, Chairman o County Commissioners I Peter F. Runyon, Commis;.' er • TZLjfu.` Sara J. Fisher, ommissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vot was as follows: II Commissioner Stavney Commissioner Runyon Commissioner Fisher C C This Resolution passed by gs0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.