Recall petitions were initiated in the City of Westminster for Former Mayor Herb Atchison, Mayor Pro Tem Anita Seitz, and Councillors Kathryn Skulley and Jon Voelz on Sept. 1, with the filing of notarized affidavits stating the reasons for the proposed recall. The recall committee is registered with the City Clerk’s Office as “Westminster For Responsible Government.”
Tuesday, May 25, 2021 Update
An administrative protest hearing to consider a protest related to the recall petition for Councillor Jon Voelz was held and concluded on Thursday, May 20. Administrative Hearing Officer Karen Goldman provided a Finding of Fact on Tuesday, May 25.
Upon review of the testimony and evidence presented in the hearing, the hearing officer has determined that six (6) signatures qualified by the Westminster City Clerk shall be disqualified. The hearing officer further determines that without these signatures, 6,101 valid signatures remain on the recall petition, more than 6,098, the minimum number required, and thus a recall election for Council Member Jon Voelz may move forward.
Friday, May 21, 2021 Update
Protest Hearing: An administrative protest hearing to consider a protest related to the recall petition for Councillor Jon Voelz was held and concluded on Thursday, May 20. Administrative Hearing Officer Karen Goldman will release a report of her findings no later than Tuesday, May 25, 2021.
Recall Election: The nomination period set by Resolution No. 14 expired on Thursday, May 20. As of the deadline, the City Clerk’s Office certified one (1) candidate for the special recall election ballot. Councillor Jon Voelz submitted, as allowed by law, a response of 270 words to appear on the ballot.
The City Clerk’s office has published a new Special Recall Election webpage, where you can find the final certified ballot content, as well as other important information about the July 20, 2021 election.
Monday, May 17, 2021 Update
After evaluation of the affidavits and signature lines submitted as proposed cures by the recall petition committee on Tuesday, May 11, 2021, the City Clerk’s Office finds that there are still insufficient signatures to trigger a recall election for Councillor Kathryn Skulley.
The City Clerk has issued a Final Certification of Insufficiency for Kathryn Skulley. Click here to view the full report.
Wednesday, May 12, 2021 Update
On the evening of Tuesday, May 11th, 2021, the recall committee submitted documents to the City Clerk in an effort to cure the recall petition for Councilor Skulley. The City is in the process of reviewing these documents.
Tuesday, May 11, 2021 Update - Notice of Protest Hearing
An administrative protest hearing to consider a protest related to a recall petition will be held virtually on Thursday, May 20, 2021, at 9:00 a.m. The Administrative Hearing will be conducted by Administrative Hearing Officer Karen Goldman, appointed by the Westminster City Council on October 12, 2020 by Resolution No. 37.
A formal protest submitted to the City Clerk’s Office on Thursday, May 6, 2021 will be heard by Ms. Goldman starting at 9:00 a.m.
Only witnesses, the person who has filed a protest, that person’s legal representative, the petition committee named as representing petition signers, the elected official named in the recall petition being protested, representatives of the City Clerk’s office, and legal counsel will be allowed to speak during the hearing.
The proceedings of the Administrative Hearing will be livestreamed on the City’s Youtube channel: https://www.westminsterco.gov/Government/CityCouncil/MeetingWebcasts
Ms. Goldman will present a report of her findings no later than five (5) days after the conclusion of the hearing, in accordance with state statute.
Monday, May 10, 2021 Update
The Monday, May 10 City Council agenda was published on Wednesday, May 5. A protest as to the sufficiency of the petition related to Councillor Voelz was filed on Thursday afternoon, May 6. On Friday, May 7, the Clerk petitioned the Adams County District Court for guidance on how this protest should be handled. Counsel for the petitioners did not oppose this request. The Court provided guidance at 5:22 p.m. on Monday, May 10. The protest will be heard by an Administrative Hearing Officer by the end of next week.
At the May 10 meeting, Westminster City Council passed Resolution No. 14, ordering the recall election as to Councillor Voelz . The recall election is scheduled for July 20, 2021. The deadline for candidates to file their nomination petitions to succeed the person sought to be recalled is May 20, 2021. Beginning Tuesday, May 11, any interested person wishing to place their name on the recall election ballot should make an appointment with the City Clerk’s Office to pick up a nomination petition packet. To make an appointment, call (303) 658-2161, or email cityclerk@westminsterco.gov. Petitions are due May 20 at 6 p.m.
Tuesday, May 4, 2021 Update
At the advice of his physician, Herb Atchison resigned as Mayor of the City of Westminster last night, May 3, 2021. He announced his decision at the conclusion of the Westminster City Council Study Session that evening.
As a result of Former Mayor Atchison’s timely resignation under Charter Section 3.18, there will be no recall election held for the Mayor’s seat. Specifically, Charter Section 3.18 and Westminster Municipal Code (“WMC”) 7-1-10(E) each provide that “…the Council, if the officer sought to be removed does not resign within 5 days [after certification by the clerk], shall order an election.” A timely resignation means no recall election is scheduled for that person who has resigned.
A recall election for Councillor Jon Voelz will proceed. The Monday, May 10 City Council agenda will include a resolution ordering a recall election for Councillor Voelz per Charter Section 3.18 and WMC 7-1-10(E). This resolution will also designate time period for candidates to file their nomination petitions to succeed the person sought to be recalled.
Mayor Pro Tem Anita Seitz is now Acting Mayor. In accordance with WMC 1-10-1(D) and Charter Section 3.18, due to the timely resignation by Former Mayor Atchison, Mayor Pro Tem Anita Seitz will be sworn in as Mayor on May 10 and will hold that position until the next regular election (November 2021). At said election, a Mayor shall be elected for a four-year term.
When Mayor Pro Tem Anita Seitz assumes the office of Mayor on May 10, her current seat becomes vacant and is subject to filling for the remainder of the unexpired term (2½ years) under Charter 5.7 and WMC 1-11-4. Such a vacancy is filled by a majority vote of remaining members of the City Council. If any vacancy on the city council that the City Council is authorized to fill is not so filled within 30 days after such vacancy occurs, such vacancy shall be filled for the remainder of the unexpired term at a special election. On May 10, Council will also select a new Mayor Pro Tem from their members to serve until the first Council meeting following election day in November.
Wednesday, April 28, 2021 Update
Per the April 16, 2021 Order issued by the Adams County District Court, the City Clerk’s Office has now completed the review of previously disqualified petition sections.
After evaluation of the signatures contained in the previously disqualified petition sections the City Clerk’s Office finds that there are sufficient signatures to trigger a recall election for both Mayor Herb Atchison and Councillor Jon Voelz. Certification of Sufficiency
The City Clerk’s Office also finds that after evaluation of the signatures contained in the previously disqualified petition sections there are still insufficient signatures to trigger a recall election for either Mayor Pro Tem Anita Seitz or Councillor Kathryn Skulley. Supplemental Certification of Insufficiency
Next Steps
The City Clerk has submitted both the Certification of Sufficiency and Supplemental Certificate of Insufficiency to the City Council, who are expected to act on those certifications in accordance with the Westminster Municipal Code and Colorado Revised Statutes, possibly at their next regular meeting.
Media inquiries should be directed to Ryan Hegreness, rhegrene@westminsterco.gov or at 303-658-2008.
Previous Activity on Recall Petitions
Thursday, April 22, 2021 Update:
The City Clerk’s Office took custody of the previously disqualified petition sections from the district court on Wednesday, April 21, 2021, and has now completed scanning each petition section. You can view all of the 81 total sections on the City’s Open Records Portal, or by clicking on the links below:
29 Recall Petition Sections Previously Disqualified - Herb Atchison
20 Recall Petition Sections Previously Disqualified – Anita Seitz
11 Recall Petition Sections Previously Disqualified – Kathryn Skulley
21 Recall Petition Sections Previously Disqualified – John Voelz
Sunday, April 18, 2021 Update:
The Adams County District Court has issued the following order related to the ongoing effort seeking to trigger a recall election for the Mayor and three members of the City Council. That order directs the City Clerk to evaluate the signatures contained in several previously disqualified petition sections which had been set aside for legal non-compliance as to form, and count any valid signatures contained therein.
Adams County District Court Order filed April 16, 2021
Thursday, December 10, 2020
The City Clerk’s Office has determined there were errors in the noted disposition to a total of 10 (ten) signature lines in 18 recall petition sections that were amended and cured. These errors have been corrected, which results in 10 valid signatures that were previously noted as invalid. The total number of signatures reviewed by the City Clerk’s office remains at 21,568 total. No new signatures were added or reviewed.
As such, the City Clerk has released an Amended Final Certification of Insufficiency, dated December 10, 2020, which corrects these errors, and specifically notes the petition section and line of correction. In addition, four additional reports have been added as attachments to this amendment, which detail the line-by-line disposition of each signature line from the 18 amended and cured petition sections.
Monday, December 7, 2020
The City Clerk issued the final Certification of Insufficiency. Click here to view the full report.
Monday, November 30, 2020
The recall committee amended and refiled their four recall petitions with the City Clerk’s Office.
Tuesday, November 24, 2020
The third-party protest hearing officer issued her Findings of Fact and Conclusion from the petition protests that were heard on Friday, Nov. 20. Click here to view the report.
Friday, November 20, 2020
The third-party protest hearing officer, Karen Goldman (appointed by Westminster City Council on October 12, 2020 by Resolution No. 37), will review any protests submitted and that remain for review, and will hear from witnesses on Friday, November 20, 2020 at 9:00 a.m. during a virtual hearing.
Wednesday, November 18, 2020
The recall committee withdrew all four recall petitions related to this matter. The physical custody of all petitions was transferred back to the recall committee the same day.
Friday, November 13, 2020
The City Clerk's Office completed the review of the submitted petitions and issued the Certification of Initial Determination of Insufficiency. Click here to view the report and all available documentation referenced in the summary of completed sections below.
The recall process is overseen by the City Clerk and follows a set of rules and guidelines. A general overview of the recall process is outlined below.
1. Inspect each original petition section for legal compliance. [completed]
2. Inspect each original petition section for completeness. [completed]
3. Conduct an initial count of signature lines collected by petitioners to determine whether the minimum threshold number was reached. [completed]
? Please note: Only signatures collected during the 60-day period from Sept. 1 through the submission of petitions on Oct. 30, may be considered. Pursuant to C.R.S. § 31-4-503(3)(a), and W.M.C. 7-1-10(D) the city is prohibited by law from accepting any additional petition signatures after Oct. 30
4. Disassemble and copy all petition sections that will move to registered elector verification. [completed]
5. Line-by-line registered elector verification processing (also done by temporary staff). [completed]
6. City Clerk determines sufficiency or insufficiency and issues a Certification. [completed]
? Only signatures collected during the 60-day period from Sept. 1 through the submission of petitions on Oct. 30, may be considered. Pursuant to C.R.S. § 31-4-503(3)(a), and W.M.C. 7-1-10(D) the city is prohibited by law from accepting any additional petition signatures after Oct. 30
7. The third-party protest hearing officer, Karen Goldman (appointed by Westminster City Council on October 12, 2020 by Resolution No. 37), will review any protests submitted and that remain for review, and will hear from witnesses on Friday, November 20, 2020 at 9:00 a.m. during a virtual hearing. [completed]
Friday, October 30, 2020
The recall committee filed four petitions to recall Mayor Herb Atchison, Mayor Pro Tem Anita Seitz, Councillor Kathryn Skulley, and Councillor Jon Voelz, with the City Clerk’s Office.
Tuesday, September 1, 2020
Recall petitions were approved as to legal form by the City Clerk’s Office.
Monday, August 31, 2020
Ms. Jessica True submitted a sworn affidavit to the City Clerk’s Office, setting forth a specific statement of grounds to circulate recall petitions for Mayor Herb Atchison, Mayor Pro Tem Anita Seitz, and Councillors Kathryn Skulley and Jon Voelz, pursuant to the Westminster City Charter (“Charter”) Section 3.18 and Westminster Municipal Code Section (“W.M.C.”) 7-1-10.