§ 15-75. Legal expenses for recall election.

(a)

Whenever the mayor, the auditor, any member of the city council, or the clerk and recorder challenges a recall petition, he or she may apply to the city attorney for reimbursement of legal expenses from the "Other Judgments and Claims" appropriations. The city attorney shall promptly provide reimbursement, subject to the terms of this article; provided, however, that if the official is charged in any court with the violation of any statutory, ordinance, or Charter provision involving the abuse of his or her office, then no payment shall be made until all charges are dismissed or an acquittal is obtained. As used in this article, the term "legal expenses" shall include attorney fees, witness fees, handwriting expert fees, stenographer fees, court costs, investigator fees, and other direct costs in connection with the legal challenge of a recall petition.

(b)

In order to avoid duplication of the state's recall reimbursement program established by C.R.S. 1973, 31-4-504.5:

(1)

The city attorney shall not make a reimbursement until the applicant has either received official notification of the amount the state will reimburse, has been found ineligible for state reimbursement, or has failed to apply to the state within the time required by statute;

(2)

The city attorney shall not pay for any expenses already reimbursed or to be reimbursed by the state;

(3)

In determining which expenses have been or will be reimbursed by the state, the city attorney shall consider the state reimbursement to be apportioned as follows: first, to expenses eligible for reimbursement by the state but not by the city; then, to expenses which are also eligible for reimbursement by the city.

(c)

If the official is eligible for state reimbursement but fails to apply for it, then the city attorney shall calculate the amount which the official would have received from the state and shall apply the rules in paragraph (b)(2) and (b)(3), as though it had been received.

(d)

The official applying for reimbursement shall submit his or her application to the city attorney within one (1) year of the final decision on the validity of the recall petition.

(e)

Subject to the provisions of subsections (b) and (c), the maximum reimbursement from the city shall not exceed the sum of seven thousand five hundred dollars ($7,500.00) plus fifty cents ($0.50) for each signature on the recall petition.

(f)

Notwithstanding the provisions of the annual appropriation ordinance requiring council approval of settlements from "Other Judgments and Claims," reimbursements for recall expenditures shall not require the approval of the city council.

(Ord. No. 226-84, § 1, 5-14-84; Ord. No. 264-07, § 14, 6-11-07)

Cross reference

Finance, generally, Ch. 20.