HomeMy WebLinkAbout26-09 Accepting Submission of Recall Petitions calling for a Town Special Election 01-21-2026RESOLUTION NO. 26-09
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ACCEPTING SUBMISSION OF RECALL
PETITIONS, CALLING FOR A TOWN SPECIAL ELECTION ON APRIL
21, 2026 TO CONSIDER THE RECALL OF TWO CURRENT BOARD OF
TRUSTEE MEMBERS; AND SUBMITTING BALLOT QUESTIONS
PERTAINING THERETO
WHEREAS, the Town of Firestone ("Town"), is a municipal corporation duly organized
and operating as a statutory municipality under the Constitution and laws of the State of Colorado;
and
WHEREAS, on November 20, 2025, recall petitions seeking the recall of four (4) current
Trustees, Frank Jimenez, Sean Doherty, Lorna Morton and Ray Byrd, and the Mayor, Don Conyac
Jr., were submitted; and
WHEREAS, on December 1, 2025, the Town Clerk issued initial written determinations
that four (4) of the petitions seeking the recall of four (4) current Trustees, Frank Jimenez, Sean
Doherty, Loma Morton and Ray Byrd were sufficient, while the petition seeking the recall of
Mayor, Don Conyac Jr., was insufficient; and
WHEREAS, on December 5, 2025, the Town received protests related to the Town Clerk's
initial determination of sufficiency for the four (4) recall petitions; and
WHEREAS, on December 18, 2025, the Town held an administrative hearing on protests
to the recall of Trustees Sean Doherty, Frank Jimenez, Lorna Morton, and Raymond Byrd. The
hearing officer was Karen Goldman, appointed by the Town Board of Trustees ("Board"); and
WHEREAS, based on the protests and the testimony and evidence presented at the protest
hearing held on December 18, 2025, the hearing officer issued a written, final determination that
the recall petitions for Trustees Morton and Byrd were sufficient as previously determined by the
Town Clerk, while the recall petitions for Trustees Doherty and Jimenez were insufficient; and
WHEREAS, the Town Clerk has submitted to the Town Board two (2) petitions seeking
the recall of two (2) Trustees, Lorna Morton and Raymond Byrd, and certificates of sufficiency of
each such petition; and
WHEREAS, pursuant to C.R.S., § 31-4-503(4)), the Town Board must order and fix a date
for the recall elections required by the submission of both petitions to be held not less than thirty
nor more than ninety days from the date of their submission to the Town Board by the Town Clerk;
and
WHEREAS, C.R.S. §31-4-504(1) provides that an officer subject to recall may resign at
any time prior to the recall election and, in such case, "all recall proceedings shall be terminated,
and the vacancy caused by such resignation shall be filled as provided by law;" and
WHEREAS, C.R.S. §31-4-504(3)(a) also provides that "[i]f such officer resigns at any
time subsequent to the calling, of the recall election, the recall election shall be held,
notwithstanding such resignation"; and
WHEREAS, the Town Board interprets C.R.S., §§ 31-4-504(1) and 31-4-504(3)(a),
working in tandem with one another, to mean that should both Trustees Morton and Byrd resign,
the Town Board will fill their vacant seats by election (as opposed to appointment) and will use
the recall election date set forth in this Resolution to serve as the date of the special election to fill
the vacancies.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
Section 1. The Town Board hereby accepts the Town Clerk's Certificates of
Sufficiency, dated December 1, 2025, certifying the sufficiency of the recall petitions seeking the
recall of Trustees Lorna Mortan and Raymond Byrd.
Section 2. Election Call. Pursuant to C.R.S. §31-4-503(4), the Town Board calls for a
special election to be held on April 21, 2026, for the purposes set forth in this Resolution. The
April 21, 2026 Town special election shall be conducted as a mail ballot election in accordance
with all applicable provisions of the Colorado Municipal Election Code, C.R.S. §§ 31-10-101 et
seq.
Section 3. Questions Submitted. In accordance with C.R.S., §31-4-504(3)(b) the
Board of Trustees hereby submits the following ballot questions to the eligible electors of the
Town:
Question 1.
SHALL LORNA MORTON BE RECALLED FROM THE OFFICE OF TRUSTEE OF
THE TOWN OF FIRESTONE BOARD OF TRUSTEES?
YES
NO.
Question 2.
SHALL RAYMOND BYRD BE RECALLED FROM THE OFFICE OF TRUSTEE OF
THE TOWN OF FIRESTONE BOARD OF TRUSTEES?
YES
NO
Question 3.
CANDIDATES FOR THE POSITION OF TRUSTEE TO SUCCEED THE CURRENT
OFFICEHOLDERS SHOULD ONE OR BOTH BE RECALLED OR BECAUSE ONE
OR BOTH RESIGNED PRIOR TO THE ELECTION WHO IF ELECTED SHALL
SERVE UNTIL THE REMAINDER OF THEIR RESPECTIVE TERMS (NOVEMBER
2028) -- Vote for NOT MORE THAN TWO:
❑ [Replacement Candidate]
❑ [Replacement Candidate]
❑ [Replacement Candidate]
Section 4. Ballot Title Fixed. This Resolution shall serve to set the content for each
ballot question set forth herein and the ballot title for each such question shall be the text of the
question itself.
Section 5. Designated Election Official. The Town Clerk or such person's designee
shall act as the Designated Election Offical ("Election Official") for purposes of the election and
the Election Official is directed to take all necessary steps to effectuate the provisions of this
Resolution, including without limitation, all compliance actions to place the ballot question and
ballot title before the registered electors within the Town.
Section 6. Designation of Precinct. There shall be one (1) precinct for this mail ballot
election, the boundaries of which are identical to the boundaries of the Town. The Town designates
the Firestone Town Hall, 9950 Park Avenue, Firestone CO 80504, as the mail ballot location for
the precinct.
Section 7. The Town Board of Trustees delegates to the Town Clerk or such person's
designee the authority and responsibility to appoint judges of election for the April 21, 2026
election, and to assure (a) the issuance of appropriate certificates of appointment by the Clerk, (b)
filing by such appointees of a form of acceptance of such appointment within seven days of the
mailing of the certificate of appointment, and (c) the taking of an oath or affirmation by such
election judges before votes are counted in the form required by C.R.S. Section 31-10-407.
Section 8. Pursuant to C.R.S. Section 31-10-408, each election judge shall receive for
their service the amount of ten dollars ($10) for each hour of service
Section 9. Conduct of Election. The Designated Election Official is authorized to
correct typographical errors and omissions. The Designated Election Official and Town Attorney
are hereby authorized and directed to take all necessary and appropriate action to effectuate the
provisions of this Resolution including all reasonable and necessary action to cause such approved
ballot issues to be printed and placed on the ballot for the election
Section 10. Actions by Town Officers and Employees. Any and all actions previously
taken by the Election Official or any other Town officer or employee in furtherance of the
directions and authorizations of this Resolution are hereby ratified and confirmed.
PASSED AND AD thisolldayoddh,2026.
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ATTEST:
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Missy Carranco, Deputy Town Clerk
APPRO TO FORM:
M eith M , own Attorney