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City Not Holding Elections

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  • 02-11-2009, 06:23 PM
    laurabdora
    City Not Holding Elections
    My question involves civil rights in the State of: Utah

    Provo City Has decided not to hold elections for neighborhood chairs. They feel the Chair can deside when he or she wishes to step down.

    I have inclueded the city code.


    2.29.030. Organization.
    (1) Neighborhoods. Each Neighborhood shall be governed by
    the provisions of this subsection.
    (a) Each Neighborhood, in a meeting held under the
    direction of the Municipal Council Executive Director, may
    elect its own chair, and may elect one (1) or more vice-chairs to
    serve in the absence of the chair and to assist with Neighborhood
    Chair responsibilities. Each such chair and vice-chair shall be
    a resident of the Neighborhood in which the election is held
    and shall be elected by majority vote of the residents of the
    Neighborhood who are of voting age and who are present in
    person at the election meeting. Each such chair shall serve for
    a minimum of one (1) two-year term, and may be re-elected
    by majority vote of the residents of the Neighborhood who are
    present at an election meeting. An exception shall be made
    in the University, CBD and East Bay Neighborhoods. In the
    CBD and East Bay Neighborhoods, the Downtown Alliance
    and the East Bay Association, respectively, shall appoint the
    Chair and business owners may vote at neighborhood meetings.
    The University Neighborhood Chair shall be appointed by the
    Neighborhood Advisory Board based upon recommendations
    from residents and the Neighborhood Program Coordinator.
  • 02-11-2009, 06:34 PM
    M'sta Mikey
    Re: City Not Holding Elections
    And you question is....
  • 02-11-2009, 06:40 PM
    laurabdora
    Re: City Not Holding Elections
    My question is does the code say they must have an election every two years and if so what leagle actions can I take to see this inforced? I have had meetings with the city and they refuse to even consider an election.
  • 02-11-2009, 07:03 PM
    M'sta Mikey
    Re: City Not Holding Elections
    Quote:

    Quoting laurabdora
    View Post
    My question is does the code say they must have an election every two years and if so what leagle actions can I take to see this inforced? I have had meetings with the city and they refuse to even consider an election.

    With the following section of which you posted

    Quote:

    An exception shall be made
    in the University, CBD and East Bay Neighborhoods. In the
    CBD and East Bay Neighborhoods, the Downtown Alliance
    and the East Bay Association, respectively, shall appoint the
    Chair and business owners may vote at neighborhood meetings.
    The University Neighborhood Chair shall be appointed by the
    Neighborhood Advisory Board based upon recommendations
    from residents and the Neighborhood Program Coordinator.

    From what you've posted and within the specified neighborhoods, it's not subject to residents casting votes.
  • 02-11-2009, 07:23 PM
    laurabdora
    Re: City Not Holding Elections
    We belong to the Dixon Neighborhood so this would not apply.
  • 02-11-2009, 09:06 PM
    blueeagle
    Re: City Not Holding Elections
    Then why did you post it? Post the Dixon neighborhood code!
  • 02-11-2009, 09:10 PM
    M'sta Mikey
    Re: City Not Holding Elections
    Quote:

    Quoting blueeagle
    View Post
    Then why did you post it? Post the Dixon neighborhood code!

    Thanks BE! I've searched but cannot find it. Not that it isn't there but it's not blantently obvious as to the location or the statutes.
  • 02-12-2009, 07:27 AM
    laurabdora
    Re: City Not Holding Elections
    I did post the Dixon code. I posted the code for every Neighborhood in the city of Provo. What you found was the exeption for 3 of those neighborhoods. My question still stands.
  • 02-12-2009, 07:41 AM
    BOR
    Re: City Not Holding Elections
    Quote:

    Quoting laurabdora
    View Post
    My question is does the code say they must have an election every two years and if so what leagle actions can I take to see this inforced? I have had meetings with the city and they refuse to even consider an election.

    If you believe the law is being violated, consult an attorney. IF he or she feels you are legally correct they can file suit for Declaratory and Injunctive relief.

    Translation, you are asking a court, under that states Declaratory Judgments Act, or however titled, to issue a Declaration that such conduct is indeed unlawful and request and Injunction to enjoin the defendants from continuing such.
  • 02-15-2009, 01:24 PM
    laurabdora
    Re: City Not Holding Elections
    Thank you BOR, for posting advice rather than picking me apart. We have actually gotten a few lawyers involved and since, the city has steped up and done what we wanted to avoid legal conflic.
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