TC Ord. No. 24-08 Enacting Chapter 2.05 of the Avon Municipal Code Regarding Removal of Council MembersAvon
COLORADO
ORDINANCE NO.24-08
ENACTING CHAPTER 2.05 OF THE AVON MUNICIPAL CODE REGARDING
REMOVAL OF COUNCIL MEMBERS
WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule powers
of the Town of Avon ("Town"), the Town Council has the power to make and publish ordinances
necessary and proper to provide for the safety, preserve the health, promote the prosperity, and
improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, C.R.S. §31-4-307 establishes that officers of a statutory town may be removed by a
majority vote of all members of the Board of Trustees for any reason after a written charge has been
filed with the Board of Trustees and an opportunity to be heard has been provided to the officer to
be removed; and
WHEREAS, certain provisions of the Town's Home Rule Charter (the "Charter") or the Town's
Municipal Code (the "Code") indicate that a Council member may be disqualified from office, but
not all such provisions clearly articulate the process by which such Council members may removed
from office; and
WHEREAS, the neither the Charter nor the Code address the removal of Council members; and
WHEREAS, pursuant to Section 4.9 of the Charter, members of Council are entrusted with the
responsibility to carry out all the governing functions of the Town on behalf of the Avon community;
and
WHEREAS, Town Council members should be held to certain standards while holding office,
including consistent attendance of meetings, abstaining from committing crimes of moral turpitude,
and performance of the duties assigned to Town Council members; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter
by setting a public hearing in order to provide the public an opportunity to present testimony and
evidence and that approval of this Ordinance on first reading does not constitute a representation that
the Town Council, or any member of the Town Council, has determined to take final action on this
Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Ord 24-08 - Enactment of Chapter 2.05 — Removal of Council Members
Section 2. Addition of Chapter 2.05 to Title 2 of the Avon Municipal Code. Chapter 2.05,
"Removal of Council Members" is added to Title 2, "Administration and Personnel," of the Avon
Municipal Code to read as set forth in Exhibit A: Addition of Chapter 2.05 to Title 2 of the Avon
Municipal Code, attached hereto.
Section 3. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or
made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such
penalty or liability or enforcing such right, and shall be treated and held as remaining in force for
the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as
may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code.
The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Ord 24-08 - Enactment of Chapter 2.05 — Removal of Council Members
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on July 9, 2024 and setting such public hearing for July
23, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY-
ATTEST:
A Phi lips, Mayor
Miguel J
re ui tasanueva, To Clerk
COLOR ND
ADOPTED ON SECOND AND FINAL READIN
by the Avon Town Council on July 23,
2024.
Y:
ATTEST:
wN OF,q�,�
.2
`�
my Phillips, Mayor
Miguel Ja
e i asanueva, To clerk
APPROVED AS TO FORM:
Nina Williams, Town Attorney
Ord 24-08 - Enactment of Chapter 2.05 — Removal of Council Members
EXHIBIT A
ADDITION OF CHAPTER 2.05 TO TITLE 2 OF THE AVON MUNICIPAL CODE
CHAPTER 2.05 - REMOVAL OF COUNCIL MEMBERS
Section 2.05.010 Definitions.
Section 2.05.020 Cause for Removal.
Section 2.05.030 Procedures.
Section 2.05.040 Removal.
Section 2.05.050 Vacancy.
2.05.010 Definitions.
(a) "Conviction" shall mean:
(1) A guilty verdict;
(2) A plea of guilty accepted by the court or the entry of a guilty plea;
(3) A plea of nolo contendere (no contest) accepted by the court; or
(4) The imposition of a deferred sentence accepted by the court.
(b) "Crimes of moral turpitude" include the following felony, misdemeanors or municipal
offenses:
(1) Any of the offenses against the person set forth in 18-3-101, et. seq. C.R.S.;
(2) Any of the offenses against property set forth in 18-4-101, et. seq. C.R.S.
(3) Any of the offenses involving fraud set forth in 18-5-101, et. seq. C.R.S.;
(4) Any of the offenses involving the family relations set forth in 18-6-401, et. seq. C.R.S.;
(5) Any of the offenses constituting wrongs to at -risk adults set forth in 18-6.5-101, et. seq.
C.R.S.;
(6) Any of the offenses relating to morals set forth in 18-7-101, et. seq. C.R.S.; or
(7) Any conspiracy, solicitation, or criminal attempt to commit any of the above offenses, or
participation as an accessory to any of the above offenses.
2.05.20 Cause for removal.
(a) The following enumerated matters shall be the reasons for removal of a Council member from
the Council:
(1) Four (4) consecutive absences or six (6) total absences from Council meetings or work
sessions held within a calendar year (January 1 through December 31);
(2) Willful or habitual neglect or refusal to perform the duties of his or her office;
(3) Attending Town Council meetings in an intoxicated state;
(4) A conviction of a crime of moral turpitude; or
(5) Forfeiture of, or disqualification from, office pursuant to Chapters 2.30, 2.32, or 2.34.
Ord 24.08 . Enactment of Chapter 2.05 - Removal of Council Members
2.05.30 Procedure.
(a) A charge for removal shall be brought against a Council member by at least four Council
members at a regular or special meeting;
(b) The charged Council member shall be provided written notice of the charge(s) and the date,
time, and place of the hearing on said charge(s), with at least ten (10) days prior notice of the
hearing, which shall be publicly held before Council;
(c) Council shall appoint special counsel to conduct the hearing and present evidence on its behalf,
(d) The hearing shall be conducted in a quasi-judicial forum. The allegations shall be presented
on behalf of the Town of Avon by and through special counsel selected by the Town of Avon
through its Town Council; and
(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; and
(4) Be represented by legal counsel.
2.05.040 Removal.
(a) Council shall have the power to remove its members from office for cause upon a concurring
vote of five (5) members of Council.
(b) A Council member who is the subject of the removal charge(s) shall not vote on the question
of removal.
(c) A Council member who is not removed by Council after conducting a hearing shall not be
subject to removal in a future hearing based on identical charges arising out of the same
incident that forms the basis of the charge from which they were not removed.
2.05.050 Vacancy.
(a) A vacancy created on Council due to removal of a Council member shall be filled as
provided by Town Charter.
Ord 24.08 - Enactment of Chapter 2.05 — Removal of Council Members