2.1 Powers of the City Council
The City Council shall be the governing body of the City and shall exercise all legislative powers and functions of the City. All powers of the City not otherwise limited or conferred upon others by this Charter shall vest in the City Council.
2.2 Membership of the City Council
The City Council shall consist of eleven members and shall include a Mayor elected at large and ten council members elected two each from five wards as hereafter provided in this Charter.
The Mayor shall be a member of City Council, shall preside over meetings of the City Council, and shall have all the powers, rights, and duties of a member of the City Council, including the right to vote and speak at meetings of the City Council. The Mayor shall have no veto power. The Mayor shall be recognized as the head of the municipal government of the City for all ceremonial purposes and shall execute and authenticate legal instruments requiring the signature of the Mayor. The Mayor shall have such other powers as may be conferred upon the Mayor by the City Council so long as those powers are not in conflict with the provisions of this Charter.
2.4 Mayor Pro Tem
A Mayor Pro Tem shall be selected by the City Council from among its members for a term and in a manner determined by the City Council. In the event of a temporary absence of the Mayor, the Mayor Pro Tem shall perform all duties and have all powers of the Mayor.
2.5 Mayor Vacancy
Should the office of Mayor be vacated for any reason, the City Council shall select from its members a replacement, who shall perform all duties and have all powers of the Mayor until the next regular municipal election. Upon taking the oath of office, the person selected shall no longer serve as a ward council member, and a vacancy shall exist in the ward from which the replacement was elected. Such vacancy shall be filled in accordance with the provisions of the Charter.
2.6 Terms of Office
(a) The terms of office of the Mayor and of each member of the City Council shall commence at the first regular meeting following the regular municipal election.
(b) The terms of office of the Mayor and of each member of the City Council shall be four years. Any person appointed or elected as the Mayor or elected as a member of the City Council who serves or has served at least one-half of a term of office shall be considered to have served a term in that office. At the first regular municipal election held after the effective date of this Charter, the Mayor shall be elected for a four year term; the member of City Council in each ward receiving the greatest number of votes shall serve a four year term; and the member of City Council in each ward receiving the next greatest number of votes shall serve a two year term. Thereafter, each member of the City Council shall be elected for a four year term. Unless disqualified or removed from office, the Mayor and each member of the City Council shall continue in office until a successor has been elected and sworn. (Amended November 3, 1992.)
(c) Neither the Mayor nor any member of the City Council shall serve as the Mayor or as a member of the City Council, respectively, for more than two consecutive terms after the effective date of this Charter. Terms of office commencing after November 3, 1992 are considered consecutive unless they are at least four years apart regardless of any change in ward boundaries or the residency within wards of a member of the City Council. Such limitation on consecutive terms shall not prohibit a person from serving as the Mayor immediately after serving as a member of the City Council or serving as a member of the City Council immediately after serving as the Mayor. (Amended November 3, 1992.)
The City shall be divided, by ordinance, into five wards to be numbered consecutively beginning with the number "1". Ward boundaries shall be contiguous. The wards shall be as compact and as nearly equal in population as is practicable. The boundaries of the wards may be changed by ordinance.
2.8 Council Vacancies
In the event the office of any member of the City Council, except the Mayor, is vacated for any reason, the City Council shall call a special election within 90 days of the effective date of such vacancy in order to elect a successor for the remainder of the term of office; provided, however, that the City Council shall not call a special election if a regular municipal election will be held within 90 days from the effective date of the vacancy.
2.9 Qualifications for Office
Each member of the City Council shall be a citizen of the United States of America, at least twenty-one years of age, a resident of the City or of the area annexed to the City for at least twelve consecutive months immediately preceding the date of the election, a registered elector in the City, and a resident of the ward from which elected. As a condition of holding office as a member of the City Council, the Mayor shall be a resident of the City and each member of the City Council shall be a resident of the ward from which elected, provided that a change in ward boundaries shall not cause the removal from office of any member of the City Council until the end of the term for which such member was elected. No member of the City Council during a term of office shall be an employee of the City or hold any elected office of the State of Colorado or any political subdivision thereof. The City Council shall be the judge of the election and of the qualifications of its members." (Amended November 3, 1992.) (Amended November 2, 2004.)
2.10 Oath of Office
Prior to assuming office, the Mayor and each member of the City Council shall affirm or take an oath to support the Constitution of the United States of America, the Constitution of the State of Colorado, the Charter and ordinances of the City of Lakewood, and to faithfully perform the duties of the office.
The members of the City Council shall receive such compensation, and the Mayor such additional compensation, as the City Council shall determine by ordinance. The City Council shall neither increase nor decrease the compensation of the Mayor or any member of the City Council during a term of office, except members of the City Council whose terms do not expire at the next regular municipal election shall receive the same compensation as that provided for incoming members for the remainder of their term of office. The Mayor and members of the City Council may, upon order of the City Council, be paid ordinary and necessary expenses incurred in the performance of the duties of office.
2.12 Financial Disclosure
The Mayor and members of the City Council and any candidate for Mayor or City Council shall comply with provisions for financial disclosure as established by ordinance.
2.13 Removal from Office
The City Council shall have the power to remove its members from office, including the Mayor, for cause, as provided in ordinance hereafter adopted. Removal from office shall require a vote of not less than three fourths of all members of City Council.
2.14 Recall from Office
(a) Any member of the City Council, including the Mayor, may be recalled after six months in office.
(b) The procedure for recall of members of City Council shall be as follows:
(1) A petition for recall of a member of City Council shall be filed with the City Clerk. The petition shall be signed by those registered electors entitled to vote for a successor of the member of City Council sought to be recalled. The number of signatures required on the petition shall be a least equal in number to twenty five percent of all votes cast at the last preceding election for all candidates for the office that the person sought to be recalled occupies;
(2) The petition shall contain a general statement, in not more than 200 words, of the grounds upon which recall is sought;
(3) The registered electors signing the petition for recall shall be the sole and exclusive judges of the legality, reasonableness, and sufficiency of the grounds for recall and such grounds shall not be subject to review;
(4) All petitions are sufficient if they appear to be signed by the requisite number of signers who are registered electors, unless a protest, in writing and under oath, is filed with the City Clerk within fifteen days after the recall petition has been filed with the City Clerk. The protest shall specify the grounds upon which the protest is filed;
(5) The City Clerk shall hold a hearing on the protest. All testimony shall be under oath. The hearing shall be concluded within thirty days after the recall petition is filed with the City Clerk. The findings and conclusions of the City Clerk shall be certified to the person or persons representing the signers of the recall petition;
(6) In case the petition is not sufficient, it may be withdrawn by the person or a majority of the persons representing the signers of the recall petition. Within fifteen days thereafter, the petition may be amended and refiled as an original petition;
(7) When a recall petition is sufficient, the City Clerk shall submit the petition and a certificate of its sufficiency to the City Council at its next regular or special meeting. The City Council shall order and fix the date for a special election to be held in not less than thirty days nor more than sixty days after the date of submission of the recall petition to the City Council, except that if a regular municipal election is to be held within ninety days after the date of submission of the recall petition to the City Council, the recall election shall be held as part of the regular municipal election;
(8) There shall be printed on the ballot, for each member of City Council whose recall is to be voted upon, the words, "Shall (name of person against whom the recall petition is filed) be recalled from the Office of (Mayor) (City Council for Ward)." Following such question shall be the words "Yes" and "No" on separate lines;
(9) The names of candidates to succeed the person sought to be recalled will be placed on the ballot in accordance with the provisions of ordinance or as otherwise provided by law. In no event shall the name of the person against whom the recall petition is filed appear as a successor candidate for such office;
(10) If a majority of those voting on the question of recall of any incumbent from office vote "No" said incumbent shall continue in office. If a majority vote "Yes", the incumbent shall be removed from the office immediately upon certification of the election results;
(11) If the vote in a recall election recalls a member of City Council, the successor candidate receiving the highest number of votes for the office vacated shall be declared elected for the remainder of the term of office upon certification of the election results, and
(12) After one recall petition and election, no further petition shall be filed against the same member of City Council during the remainder of the term for which elected unless the petitioners signing such petition equal fifty percent of all ballots cast for that office at the last preceding regular municipal election.
(a) The City Council shall meet regularly at City Hall at least once a month on a day and at an hour established by ordinance. The City Council shall establish notification procedures for holding special or emergency meetings by ordinance.
(b) All official meetings of City Council and those of any board, commission, or committee of the City shall be held within the corporate boundaries of the City and shall be open to the public, except for executive sessions.
(c) Any meeting of the City Council may be recessed by a two thirds vote of those present in order to hold an executive session, which shall be closed to the public, for any of the following purposes:
(1) To consider documents or testimony given in confidence;
(2) To determine a position relative to issues subject to negotiation, to receive reports on the progress and status of negotiations, to develop strategy, and to instruct negotiators;
(3) To consider the purchase or sale of property by the City;
(4) For matters of attorney client privilege;
(5) For matters required by federal or state law to be confidential;
(6) For matters critical to the personal safety of members of City Council, and for matters involving the protection and security of City property;
(7) For classified or confidential police matters, subject to criteria established by ordinance, and
(8) To consider personnel matters. (Amended November 5, 1991.)
(d) No board, commission, or committee of the City shall hold an executive session, except as may be provided by an ordinance consistent with the provisions of this Charter.
(e) No final policy decision, resolution, rule, ordinance or regulation, and no action approving a contract or calling for the payment of money shall be adopted at any executive session.
Six members of the City Council shall constitute a quorum for any meeting of the City Council.