| Council Swing Vote Up For Special Election To Be Held In 2010 |
Loveland - November 6, 2009
City Councilman Cecil Gutierrez will need to resign his position on Loveland's City Council representing Ward 1 before
he is sworn-in as Loveland's newly elected mayor. His resignation will leave a vacancy on Loveland's City Council
which according to the city charter (see the text box lower right of this page) must be filled within 6 months.
The council has a number of options including the appointment of an interim council member for 180 days until a special
election is held. The council is required, according to the city charter, to hold a special election to fill the vacancy
before the end of 180 days if no general election is planned before the time expires. Because the City Clerk is required
to provide at least 30 days notice before a special election is called, any date for the election will likely fall in early
2010. The vacant Ward 1 council seat term will expire in two years from now regardless of when the council decides
to hold a special election.
Special Election May Decide Council Majority
In the interim the council may find itself unable to decide important issues given the even split in membership and the
possibility of a 4-4 vote. Three council members represent the "Old Guard" way of doing business (Daryle Klassen,
Carol Johnson and Larry Heckel) while two new members (Joan Shaffer and Cat McEwen) along with Mayor Elect
Gutierrez and current Councilman Kent Solt do not. These four have been outspoken critics of the lack of
transparency in city decision making and generally not supportive of the special interest back room meetings and
politics conducted by the "Old Guard."
The other newly elected member of Loveland's City Council, Hugh McKean, is a virtual political unknown who ran a
very low-profile campaign but was supported by Heckel in the final days of his campaign. Whether he identifies with
the "Old Guard" and their style of governing (which we believe is unlikely) is still undetermined. If he does, that will
throw the council into an even split until a newly appointed or elected Ward 1 member joins Loveland's City Council
thus providing the 9th vote to break any potential 4 to 4 ties.
A number of organizations with significant pecuniary interests in city politics (like McWhinney and Loveland
Commercial) are likely to become involved in the Ward 1 race. This means the special election could see significant
expenditures both by candidates and independent committees that can hide the true source of the individual
contributions. In addition, any attempts to fill the vacancy before an election is held could prove problematic for the
now evenly split council. If they cannot decide who to appoint and tie the vote 4 to 4, that alone will alert many people
to the pivotal role the vacant Ward 1 council seat will play in determining future city policies.
Who Is Running?
Ironically, that question isn't being answered by the most likely contenders but instead being asked by them to each
other.
The two candidates who lost in the Ward 1 city council race, Jan Brown and Adam Koniecki, had a chance encounter
last week while collecting their yard signs from various locations. They hugged and exchanged pleasantries about the
election contest along with jokes. Both asked the other if they were going to run in the now special election for Ward
1. Both said it depended if the other would run and neither appears to have yet decided.
Jan Brown is an uncompromising member of the "Old Guard" who lost her seat on council to Cecil Gutierrez in an
election two years ago. Adam Koniecki, like those who were recently elected, is not the member of any slate of
candidates in Loveland or formal faction but has expressed an interest in unseating the corrupting influences of the "Old
Guard" and is calling for greater transparency and community participation in local government.
Daryle Klassen, the incumbent who beat out both Brown Koniecki in this most recent election, wasn't as pleasant with
his former rival when they spoke. According to Adam Koniecki, he called Klassen to congratulate him on his win and
instead of a polite thank you received an earful of unsolicited advice. Koniecki said Klassen terminated his call by
telling Koniecki to "have a good day!" and hanging-up up the phone.
Jan Brown is likely to run given her history on council but no sure opponent has yet emerged to challenge her.
LovelandPolitics has been given some names but until we speak with a potential candidates directly to confirm their
interest will not publish the names.
City Councilman Cecil Gutierrez will need to resign his position on Loveland's City Council representing Ward 1 before
he is sworn-in as Loveland's newly elected mayor. His resignation will leave a vacancy on Loveland's City Council
which according to the city charter (see the text box lower right of this page) must be filled within 6 months.
The council has a number of options including the appointment of an interim council member for 180 days until a special
election is held. The council is required, according to the city charter, to hold a special election to fill the vacancy
before the end of 180 days if no general election is planned before the time expires. Because the City Clerk is required
to provide at least 30 days notice before a special election is called, any date for the election will likely fall in early
2010. The vacant Ward 1 council seat term will expire in two years from now regardless of when the council decides
to hold a special election.
Special Election May Decide Council Majority
In the interim the council may find itself unable to decide important issues given the even split in membership and the
possibility of a 4-4 vote. Three council members represent the "Old Guard" way of doing business (Daryle Klassen,
Carol Johnson and Larry Heckel) while two new members (Joan Shaffer and Cat McEwen) along with Mayor Elect
Gutierrez and current Councilman Kent Solt do not. These four have been outspoken critics of the lack of
transparency in city decision making and generally not supportive of the special interest back room meetings and
politics conducted by the "Old Guard."
The other newly elected member of Loveland's City Council, Hugh McKean, is a virtual political unknown who ran a
very low-profile campaign but was supported by Heckel in the final days of his campaign. Whether he identifies with
the "Old Guard" and their style of governing (which we believe is unlikely) is still undetermined. If he does, that will
throw the council into an even split until a newly appointed or elected Ward 1 member joins Loveland's City Council
thus providing the 9th vote to break any potential 4 to 4 ties.
A number of organizations with significant pecuniary interests in city politics (like McWhinney and Loveland
Commercial) are likely to become involved in the Ward 1 race. This means the special election could see significant
expenditures both by candidates and independent committees that can hide the true source of the individual
contributions. In addition, any attempts to fill the vacancy before an election is held could prove problematic for the
now evenly split council. If they cannot decide who to appoint and tie the vote 4 to 4, that alone will alert many people
to the pivotal role the vacant Ward 1 council seat will play in determining future city policies.
Who Is Running?
Ironically, that question isn't being answered by the most likely contenders but instead being asked by them to each
other.
The two candidates who lost in the Ward 1 city council race, Jan Brown and Adam Koniecki, had a chance encounter
last week while collecting their yard signs from various locations. They hugged and exchanged pleasantries about the
election contest along with jokes. Both asked the other if they were going to run in the now special election for Ward
1. Both said it depended if the other would run and neither appears to have yet decided.
Jan Brown is an uncompromising member of the "Old Guard" who lost her seat on council to Cecil Gutierrez in an
election two years ago. Adam Koniecki, like those who were recently elected, is not the member of any slate of
candidates in Loveland or formal faction but has expressed an interest in unseating the corrupting influences of the "Old
Guard" and is calling for greater transparency and community participation in local government.
Daryle Klassen, the incumbent who beat out both Brown Koniecki in this most recent election, wasn't as pleasant with
his former rival when they spoke. According to Adam Koniecki, he called Klassen to congratulate him on his win and
instead of a polite thank you received an earful of unsolicited advice. Koniecki said Klassen terminated his call by
telling Koniecki to "have a good day!" and hanging-up up the phone.
Jan Brown is likely to run given her history on council but no sure opponent has yet emerged to challenge her.
LovelandPolitics has been given some names but until we speak with a potential candidates directly to confirm their
interest will not publish the names.
LovelandPolitics.com
a non-partisan, not for profit, news website reporting on Loveland, Colorado.
a non-partisan, not for profit, news website reporting on Loveland, Colorado.
| City of Loveland Charter SECTION 3-7 -- VACANCIES (a) A vacancy shall exist if, during the term of office, the Mayor or a Council member dies, is judicially declared incompetent, resigns, is recalled without the election of a successor, no longer meets one (1) or more of the qualifications specified in Section 3-3, or has had more than three (3) consecutive unexcused absences from regular meetings of the Council. (b) An absence from a regular meeting shall be considered unexcused only if the Council so determines by motion. The motion shall set forth the reasons for the determination. (c) The fourth consecutive unexcused absence shall be deemed to constitute a vacation of the office effective on the date of the motion of the Council determining that such absence was unexcused. (d) Except as otherwise provided in Subsections (e), (f), and (g) of this section, any vacancy which occurs in the office of Mayor or Council member shall be filled, for the remainder of the term, at a special election which shall be scheduled and held as provided in Section 6-3. (e) If a regular City election will be held within one hundred eighty (180) days after the vacancy occurs, no special election shall be scheduled, and the vacancy shall be filled at that regular election. (f) If a general statewide election will be held within one hundred eighty (180) days after the vacancy occurs, the vacancy shall be filled at a special election which shall be held on the date of that statewide election. (g) The City Council, by a majority vote of the remaining members, may appoint a person who meets the qualifications of Section 3-3 to hold the office until the vacancy is filled by election pursuant to Subsection (d), (e), or (f). The term of the appointment shall not exceed one hundred eighty (180) days. |
| Former councilwoman Jan Brown finished second in Ward 1 on November 3, 2009 with 1,464 votes which is 38.60%. It was her second failed attempt to be elected to her former seat on the Loveland City Council in as many years. |
| Adam Koniecki finished third in Ward 1 on November 3, 2009 with 664 total votes which is 17.51%. It was his first run for public office. |