Referendum against Ordinance 2018-04 and the Protest Period

Salida, Co – A Referendum petition was filed against Ordinance 2018-04 on April 26, 2018 (Ordinance 2018-04 attached)

Pursuant to CRS Section 31-11-109, the City Clerk examined the filed referendum petitions and the attached affidavits. The petitions must be signed by at least 5% of the registered electors of the City of Salida, which is 227 signatures.  After examining the signature lines it was found to contain 279 valid signatures.  Therefore, the petition was declared  sufficient and an initial Determination of Referendum Petition Sufficiency was mailed to the petitioners.

However, CRS Section 31-11-103(2) states the final determination of petition sufficiency cannot be issued until after the protest period. Within 40 days after a referendum is filed, a protest in writing under oath may be filed with the clerk by any registered elector of the municipality.  The grounds for protest may include, but shall not be limited to, the failure of any portion of the petition or circulator affidavit to meet the requirements of the article.

Therefore, the city clerk shall not issue a Final determination of petition sufficiency until after the protest period has lapsed. Furthermore, the City Council may not reconsider the ordinance until after this time.

Reconsideration of the ordinance will then be scheduled at a Regular meeting of the City Council. If the City Council votes to repeal the Ordinance, the referendum process will be done and the ordinance will not take effect. If the City Council votes against a repeal of the ordinance then it will be taken to a Special Election to be held not less than 60 days and not more than 150 days after the final determination of petition sufficiency.  The voters would then decide whether to approve the Ordinance.

Potential special election dates will be given to the City Council at the time of reconsideration.

For additional information please contact the Deputy City Clerk at lynda.travis@cityofsalida.com or 719.530.2630