ORD 38897 - Declare emergency to conduct special election for recall of elected official OF Qt,0H,A,NFe�
:A`,'.41'A Law Department
• ~~ ��� �L i_ ,, °"" Omaha/Douglas Civic Center
0 Cl 1►i 47, f 1819 Farnam Street Suite 804
°�; r' ro 5 Fl '� Omaha,Nebraska 68183-0804
o�'T�D FEBR�rQ� t , ,,; r., (402)444-5115
��I t t, i F l,� Telefax(402)444-5125
City of Omaha ff � w t r: Vn Paul D.Kratz
Jim Suttle;Mayor City Attorney
Honorable President
and Members of the City Council,
The purpose of the attached Emergency Ordinance, prepared at the request of Councilmembers
Jean Stothert and Franklin Thompson, is to declare an emergency occasioned by the legal time
frames within which to conduct a special election for the recall of an elected official and to
provide for the submission of the proposed recall of Mayor Jim Suttle to the qualified electors of
the City for their approval or rejection of a Special City Election to be held on January 25, 2011,
and to declare a vacancy in the Office of Mayor upon approval by a majority of the qualified
electors voting.
Respectfully submitted,
Q, Ce 1A/ .—
Jo A. Cavel
Deputy City Attorney
p:\Iaw-city council documents\2010\10258dae.doc
date LEGAL EDITOR
thereof.
PASSED: December 14, 2010, AS AMENDED, of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
APPROVED BY: published daily in the English language, having a bona fide paid
JIM SUTTLE 12/16/10 MAYOR OF THE circulation in Douglas County P + printed excess of 300 copies, in
CITY OF OMAHA Omaha,in said County of Douglas,for more than fifty-two weeks last
+ BUSTER BROWN, past; that theprinted notice hereto attached was published in THE
City clerk P r
12_22-10 — — — DAILY RECORD,of Omaha,on
December 22, 2010
That;saidsN,,wspaper during that time egularly published and
ingynera i o s.14t ion in the County of Dou andte ate of Nebraska.
a QQ •�\aE.RA( '• 'Q
J -:. G Subscribed in my ese and sworn to befo
I • 1\01W( %43'
;. Publishetti lfer $ F . 80 me this 22nd of
*t ok?\Rt
r Ad'ditional Copies A 10
•
T pF NE Notary Pub for o 1 ounty,
lSta of Nebraska
controls unauthorized access to the storage yard
37 shall surround the storage yard."
38
39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm)
40 high."
41
located at least 50 feet from any child-care center,school(any
39 governmental or privately supported place or institution of education or physical instruction) or
40 playground associated with any day-care center or school.Such distance shall be measured from the
41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or
•
EMERGENCY ORDINANCE NO. Ji4W
AN EMERGENCY ORDINANCE to declare an emergency occasioned by the legal time frames
within which to conduct a special election for the recall of an elected official;to provide for
the submission of the proposed recall to the qualified electors of the City of Omaha for their
approval or rejection at the Special City Election to be held on January 25,2011;to declare a
vacancy in the Office of Mayor upon approval of a majority of the qualified electors voting;
and to provide the effective date hereof.
WHEREAS, on December 13, 2011, the Election Commissioner of Douglas County,
Nebraska, certified to this Council that the petition to recall the Mayor was sufficient; and,
WHEREAS,Section 32-1306,Neb.Rev.Stat.(Reissue 2008)requires the City Council to fix
a date of election not less than thirty nor more than forty-five days from the date of said certification.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That, due to the mandatory time frames imposed by state law within which to
conduct a special election for the recall of an elected official,and as authorized by Section 2.13(4)of
the Home Rule Charter of the City of Omaha, 1956,as amended,an emergency is hereby declared to
exist.
Section 2. That there be, and hereby is, submitted to the qualified electors of the City of
Omaha at the Special City Election to be held on January 25,2011,for their approval or rejection,a
proposal to recall the Mayor.
Section 3. That the ballot for said proposed recall shall be submitted to the qualified electors
of the City of Omaha in substantially the following form:
"OFFICIAL BALLOT
SPECIAL CITY ELECTION
HELD JANUAR.Y 25, 2011
theprinted notice hereto attached was published in THE
City clerk P r
12_22-10 — — — DAILY RECORD,of Omaha,on
December 22, 2010
That;saidsN,,wspaper during that time egularly published and
ingynera i o s.14t ion in the County of Dou andte ate of Nebraska.
a QQ •�\aE.RA( '• 'Q
J -:. G Subscribed in my ese and sworn to befo
I • 1\01W( %43'
;. Publishetti lfer $ F . 80 me this 22nd of
*t ok?\Rt
r Ad'ditional Copies A 10
•
T pF NE Notary Pub for o 1 ounty,
lSta of Nebraska
controls unauthorized access to the storage yard
37 shall surround the storage yard."
38
39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm)
40 high."
41
located at least 50 feet from any child-care center,school(any
39 governmental or privately supported place or institution of education or physical instruction) or
40 playground associated with any day-care center or school.Such distance shall be measured from the
41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or
EMERGENCY ORDINANCE NO. dY,S9-2
Page 2
Shall Jim Suttle be removed from the Office of Mayor by recall?
FOR THE RECALL OF JIM SUTTLE
AGAINST THE RECALL OF JIM SUTTLE."
Section 4. That under said question and proposition on the ballot shall be printed the words
"FOR THE RECALL OF JIM SUTTLE" and the words `AGAINST THE RECALL OF JIM
SUTTLE." All ballots of qualified electors cast at the aforesaid election with an"X"marked before
the words"FOR THE RECALL OF JIM SUTTLE"shall be understood to be and shall be counted in
favor of removingJim Suttle from the Office of Mayor, and all ballots of qualified electors cast at
Y
the aforesaid election with an "X" marked before the words "AGAINST THE RECALL OF JIM
SUTTLE"shall be understood to be and shall be counted in favor of retaining Jim Suttle as Mayor of
the City of Omaha.
Section 5. The officer having charge of General and Special Elections of the City of Omaha
shall conduct the election on the question herein provided for in all respects the same as other City
elections and in the manner provided by law.
Section 6. The City Clerk is hereby directed to transmit a certified copy of this Ordinance to
the Election Commissioner of Douglas County,Nebraska,and to give public notice to the electors,as
provided by law.
Section 7. If said proposition is approved by a majority of the qualified electors voting,then,
pursuant to the provisions of Section 32-1308 Neb. Rev. Stat. (Reissue 2008), Jim Suttle shall be
deemed removed from the Office of Mayor and,unless a recount is ordered,a vacancy in the Office
of Mayor shall exist.
lly the following form:
"OFFICIAL BALLOT
SPECIAL CITY ELECTION
HELD JANUAR.Y 25, 2011
theprinted notice hereto attached was published in THE
City clerk P r
12_22-10 — — — DAILY RECORD,of Omaha,on
December 22, 2010
That;saidsN,,wspaper during that time egularly published and
ingynera i o s.14t ion in the County of Dou andte ate of Nebraska.
a QQ •�\aE.RA( '• 'Q
J -:. G Subscribed in my ese and sworn to befo
I • 1\01W( %43'
;. Publishetti lfer $ F . 80 me this 22nd of
*t ok?\Rt
r Ad'ditional Copies A 10
•
T pF NE Notary Pub for o 1 ounty,
lSta of Nebraska
controls unauthorized access to the storage yard
37 shall surround the storage yard."
38
39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm)
40 high."
41
located at least 50 feet from any child-care center,school(any
39 governmental or privately supported place or institution of education or physical instruction) or
40 playground associated with any day-care center or school.Such distance shall be measured from the
41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or
•
' EMERGENCY ORDINANCE NO. 'f92
Page 3
Section 8. This Ordinance shall become effective immediately upon passage pursuant to the
provisions of Section 2.13 of the Home Rule Charter of the City of Omaha, 1956, as amended.
INT e ODUCED Y COUNCILMEMBER
S 4014.1499/)
PASSED DEC 2 1 2010 /
ATTEST':
/0,1
CIT`t CI.EkKOF-1711E CITY OF OMAHA DAT
APPROVED AS TO FORM:
DEPUTY CITY ATTORNEY DATE
p:\law-city council documents\2010\10259dae.doc
44- CITY ATTORNEY DATE
P\LAW-CITY COUNCIL DOCUMENTS\2010\30157dIm
,
REQUEST TO LAW DEPARTMENT
For Law Department Use Only
TO: Paul D. Kratz, City Attorney
Log Book #:
DATE: December 13, 2010 Date Assigned:
Assigned to:
Answered/Sent Out:
Withdrawn:
REQUEST BE G I1�f4ADE BY: On behalf of Councilmember Stothert
/I)t 1
Warren Wea ef, City Council Chief of Staff 5518
(Name) (Department) (Phone)
TIME LINE (Due Date): City Council Agenda December 21, 2010
(12 Working Days from Date Received by Law Department)
REQUEST FOR Emergency Ordinance to Set Recall Election
(State Specifically What You Are Requesting)
DETAILS: (Do Not State"See Attached)
Councilmember Stothert requests that an emergency ordinance that complies with Nebraska
State Statutes 32-1305 to 32-1307 (others if applicable) be prepared and placed on the City
Council agenda for December 21, 2010.
See attached letter from the Douglas County Election Commission.
INFORMATION ATTACHED: YES x NO NONE AVAILABLE
c: All Councilmembers
Mayor Suttle
City Clerk
Council Staff
the Election Commissioner of Douglas County,Nebraska,and to give public notice to the electors,as
provided by law.
Section 7. If said proposition is approved by a majority of the qualified electors voting,then,
pursuant to the provisions of Section 32-1308 Neb. Rev. Stat. (Reissue 2008), Jim Suttle shall be
deemed removed from the Office of Mayor and,unless a recount is ordered,a vacancy in the Office
of Mayor shall exist.
lly the following form:
"OFFICIAL BALLOT
SPECIAL CITY ELECTION
HELD JANUAR.Y 25, 2011
theprinted notice hereto attached was published in THE
City clerk P r
12_22-10 — — — DAILY RECORD,of Omaha,on
December 22, 2010
That;saidsN,,wspaper during that time egularly published and
ingynera i o s.14t ion in the County of Dou andte ate of Nebraska.
a QQ •�\aE.RA( '• 'Q
J -:. G Subscribed in my ese and sworn to befo
I • 1\01W( %43'
;. Publishetti lfer $ F . 80 me this 22nd of
*t ok?\Rt
r Ad'ditional Copies A 10
•
T pF NE Notary Pub for o 1 ounty,
lSta of Nebraska
controls unauthorized access to the storage yard
37 shall surround the storage yard."
38
39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm)
40 high."
41
located at least 50 feet from any child-care center,school(any
39 governmental or privately supported place or institution of education or physical instruction) or
40 playground associated with any day-care center or school.Such distance shall be measured from the
41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or
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the Election Commissioner of Douglas County,Nebraska,and to give public notice to the electors,as
provided by law.
Section 7. If said proposition is approved by a majority of the qualified electors voting,then,
pursuant to the provisions of Section 32-1308 Neb. Rev. Stat. (Reissue 2008), Jim Suttle shall be
deemed removed from the Office of Mayor and,unless a recount is ordered,a vacancy in the Office
of Mayor shall exist.
lly the following form:
"OFFICIAL BALLOT
SPECIAL CITY ELECTION
HELD JANUAR.Y 25, 2011
theprinted notice hereto attached was published in THE
City clerk P r
12_22-10 — — — DAILY RECORD,of Omaha,on
December 22, 2010
That;saidsN,,wspaper during that time egularly published and
ingynera i o s.14t ion in the County of Dou andte ate of Nebraska.
a QQ •�\aE.RA( '• 'Q
J -:. G Subscribed in my ese and sworn to befo
I • 1\01W( %43'
;. Publishetti lfer $ F . 80 me this 22nd of
*t ok?\Rt
r Ad'ditional Copies A 10
•
T pF NE Notary Pub for o 1 ounty,
lSta of Nebraska
controls unauthorized access to the storage yard
37 shall surround the storage yard."
38
39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm)
40 high."
41
located at least 50 feet from any child-care center,school(any
39 governmental or privately supported place or institution of education or physical instruction) or
40 playground associated with any day-care center or school.Such distance shall be measured from the
41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or
"NOTICETO PUBLIC- THE DAILY RECORD
' ORDINANCE
I NO. 38897
AN EMERGENCY ORDINANCE to declare 1
an emergency occasioned by the legal time• OF OMAHA
M/�H/1\
frames within which to conduct a special' li
,election for the recall an elected official;o;to RONALD A. HENNINGSEN, Publisher
provide for the submission'pf the proposed;
'recall a th their
qualified val ors of the City a PROOF OF PUBLICATION f
,Omaha for their approval rejection at the
Special City Election to be held on January• . '
25,2011;to declare a vacancy in the Office of,
Mayor upon approval of a majority of the+ UNITED STATES OF AMERICA, '
qualified electors voting;and to provide the The State of Nebraska,
effective date hereof. ss.
a WHEREAS, on December 13, 2011, the District of Nebraska,
'Election Commissioner of Douglas County, •
Nebraska, certified to this Council that the County of Douglas,
petition to recall the Mayor was sufficient; City of Omaha,
and, •
WHEREAS;"Section 32-1306, Neb. Rev.
Stat. (Reissue 2008)requires the City Council J.BOYD
to fix a date of election not less than thirty,
nor more than forty-five days from the date , being duly sworn,deposes and says that she is
!of said certification. • I
'SUMMARY:
AN EMERGENCY ORDINANCE to declare. LEGAL EDITOR
'an emergency-occasioned by the legal time.
frames within which to conduct. a special I. of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
election for the submissionbll o elected official; do I published dailyin the English language, a bona fide paid
'provide for the of the proposed • g • having
i recall to the qualified electors of the City of , circulation in Douglas County in excess of 300 copies, printed in
,Omaha for their approval or rejection at the
Special City Election to be held on January I Omaha,in said County of Douglas,for more than fifty-two weeks last
25,2011 to declare a vacancy in the Office of I past; that the printed notice hereto attached was published in THE
Mayor upon approval of a majority of the
qualified electors voting;and to provide the DAILY RECORD,of Omaha,on
I effective date hereof.
WHEREAS, on December 13, 2b11, the December 29 , 2010
Election Commissioner of Douglas County,
Nebraska, certified to this Council that the , -
petition to recall the Mayor was sufficient;
and, ,
WHEREAS, Section 32-1306, Neb. Rev.
,Stat.(Reissue 2008)requires the City Council
to fix a date of election not less than thirty That said Newspaper during that time was re,... : ly published and
nor more than forty-five days from the date ti;;;,,•.,
of said certification. i in gene I cirtcull tiol�the County of Douglas, : . .to • of Nebraska.
PASSED:December 21,2010,6-1 /
APPROVED BY: `k • 11 L
JIM SUTTEE 12i23/10 Gi �Q r�F�‘I RAt +11V`� Subscribedinre e : - o r
MAYOR OF THE / �•. +j myp before
CITY OF OMAHA • if
BUSTER BROWN, C blisher's' 'e� Y 3 7 . 4�a me this 2 9 t dayof
City Clerk / • cops
12-2910 -ir atipnal twines $ t - rim• 4i. / 20_1_0
li.
`+ll ••30 2'Pr Notary P r 1, irfo - o1mty.
T 6 r
\„�T _... -"te of Nebraska