A. The City Clerk, after receiving the final draft, if applicable, and all supporting documents for the initiative from the Initiative Review Committee, shall within ten (10) business days convene the Title Board consisting of the City Clerk, City Attorney and Presiding Judge of the Municipal Court. The Title Board meeting may be continued for up to two (2) business days for good cause. So long as the initiative complies with all applicable law, the Title Board shall designate and fix a proper and fair petition title, if applicable, at a public meeting to be held at the hour determined by the Title Board. Immediately after it is fixed the City Clerk shall deliver the designated title to the Petition Committee.
B. In setting a title, the Title Board shall consider initiative requirements and the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote will be unclear. The title shall unambiguously state the principle of the provision sought to be added, amended or repealed.
C. If the Petition Committee is not satisfied with the decision of the Title Board or is not satisfied with the title provided by the Title Board and claims that it is unfair or does not fairly express the true meaning and intent of the proposed initiative, Petition Committee shall file a written motion for rehearing with the City Clerk within two (2) business days after the decision is made or the title is not fixed. The motion for rehearing shall be heard by the Title Board within two (2) business days thereafter. If the Petition Committee is not satisfied with the ruling of the Title Board an appeal shall be taken to District Court within five (5) business days thereafter. If a timely motion for rehearing is not filed, or a timely appeal to District Court is not filed, the decision of the Title Board shall be final and conclusive and any appeal will be deemed waived.
D. In the event a motion for a rehearing or an appeal is filed in accordance with this section, the period for circulating a petition in accordance with the City Charter shall not begin until a final decision concerning the rehearing or appeal is rendered by the Title Board or District Court; except, that under no circumstances shall the period for returning the circulated petition for sufficiency determination be more than ninety (90) days prior to the election at which the petition is to be voted upon.
E. In the event any member of the Title Board is unable to participate in a meeting, the Mayor shall temporarily appoint a replacement member for that meeting. Any temporary replacement member shall have expertise in election matters acquired through education and/or experience. There shall be at least one attorney at law in good standing, properly licensed to practice law in the State of Colorado, serving on the Title Board in review of a petition. Elected officials cannot serve on the Title Board. (Ord. 86-24; Ord. 00-175; Ord. 01-42; Ord. 02-212; Ord. 07-210; Ord. 16-102; Ord. 18-85)