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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/28/2022 - CHARTER AMENDMENT - RESIDENCY REQUIREMENTSDATE: STAFF: June 28, 2022 Teresa Roche, Human Resources Executive Jenny Filkins, Legal Carrie Daggett, City Attorney WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Charter Amendment - Residency Requirements. EXECUTIVE SUMMARY The purpose of this item is to consider charter amendments to the residency requirement for certain positions in the City Charter. The request is made in consideration of t he changing nature of work and rethinking who is required to reside within the Fort Collins Urban Growth Area or within a certain distance of the Urban Growth Area. Current Charter language includes residency requirements for deputy city managers, assistan t city managers, service area directors and department heads. Changing the Charter as suggested would allow the City Manager to work with Council to determine when residency should be required, and any future decisions would be brought forward in an ordinance for Council approval. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Do Councilmembers wish to consider a ballot measure for the November Municipal election asking voters to amend the Charter to modify the residency requirements for certain employees? 2. If so, what are Councilmembers’ suggestions regarding a change to residency requirements for the voters to consider? BACKGROUND / DISCUSSION Residency requirements were adopted in 1985 and last reviewed in 2001. With advances in techn ology, the changing nature of our workforce and the intention to make more opportunities available for diverse talent, staff recommends the residency requirement not be as prescriptive for many of the positions in the City. The staff has witnessed internal talent not applying for promotional opportunities as often their spouse/partner and family members are established in their current location for employment, education, and proximity to others. Additionally, there is increasing concern about external candidates withdrawing from consideration due to the current residency requirement. This trend will continue and impact the City’s ability to attract, retain and promote talent to serve the community. ATTACHMENTS 1. Current Charter Language Regarding Residency and Definitions (PDF) 2. Powerpoint Presentation (PDF) Created: 2022-06-03 13:03:39 [EST] (Supp. No. 142) Page 1 of 2 Section 1. Appointment, qualifications. The Council shall appoint and fix the compensation of a City Manager, who shall be the chief executive officer and head of the administrative branch of the city government. The City Manager shall be appointed on the basis of his or her executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice in respect to the duties of the office. Prior to appointment, the City Manager need not be a resident of the city, but during his or her tenure in of fice the City Manager shall reside within the city. No member of Council shall be appointed City Manager during the term for which he or she has been elected nor within one (1) year after the expiration of such term. (Ord. No. 202, 1986, § 1, Part X, 12-16-86, approved, election 3-3-87; Ord. No. 13, 1997, § 1, 2-4-97, approved, election 4-8-97) Section 3. Residency requirement. Directors of a city service area or a group of city service areas, deputy city managers, and assistant city managers shall reside within the Fort Collins Urban Growth Area during their tenure in office, but need not reside within the Fort Collins Urban Growth Area prior to their appointment. City department heads may live outside the Urban Growth Area during their tenure in office, but only if their places of residence are within five miles of the city limits, as measured by a straight line connecting the parcel of property upon which the residence is situated to the nearest boundary line of the city. City department heads appointed prior to March 6, 1985, shall not be subject to this residency requirement. (Ord. No. 209, 1984, 1-15-85, approved, election 3-5-85; Ord. No. 202, 1986, § 1, Part E, 12-16-86, approved, election 3-3-87; Ord. No. 13, 1997, § 1, 2-4-97, approved, election 4-8-97; Ord. No. 21, 2001, § 1, 2-20-01, approved, election 4-3-01; Ord. No. 22, 2001, § 2, 2-20-01, approved, election 4-3-01) ARTICLE XIII. DEFINITIONS Certain words and phrases used in this Charter are hereby declared to have the fo llowing meanings: "Agency" means any organizational unit of the city. "Allotment" means a portion of an appropriation made available for expenditure during a specified period of less than one (1) year. "Appropriation" means the authorized amount of fund s set aside for expenditure during a specified time for a specific purpose. "City" means the City of Fort Collins, Colorado, a municipal corporation. "Day" means a calendar day unless otherwise specified. "Department" means a primary subdivision of a service area headed by a person who, regardless of title, is directly responsible to the director of the service area. "Elector or taxpayer for a period of time" means that, if a person is required to be an elector or taxpayer for a period of time as a qualification to vote, to be a candidate, or to hold an office, then he or she shall be such during the entire and consecutive number of years next preceding the specified time. "Emergency" means an existing condition actually arising from unforeseen contingencies which immediately endangers public property, health, peace, or safety. ATTACHMENT 1 - FORT COLLINS CHARTER ARTICLE XIII. DEFINITIONS Fort Collins, Colorado, Municipal Code Created: 2022-06-03 13:03:43 [EST] (Supp. No. 142) Page 2 of 2 "Emergency ordinance" means an ordinance immediately necessary, on account of an emergency, to preserve the public property, health, peace, or safety. "Employees" means all persons in the compensated service of the city except Councilmembers. "Fort Collins Urban Growth Area" means that geographical area within and adjacent to the City of Fort Collins identified by Intergovernmental Agreement between the City of Fort Collins and Larimer County as that area identified for annexation and urbanization by the City of Fort Collins including the Urban Growth Area as it exists on March 5, 1985, together with any amendments or changes thereto. "Misdemeanor" means a violation of this Charter or of any city ordinance so designated, and it shall not have t he meaning attached to it in the criminal statutes of the State of Colorado. "Office" means an administrative, legislative, or judicial position in the service of the city. "Officer" means a member of the City Council. "Registered elector" or "elector" means a person residing in the city who has registered to vote in city elections in the manner required by law. "Service area" means a major city administrative unit designated as a service area by the City Council by ordinance. "Vote of the electors" means a favorable vote by a majority of the electors voting in an election. (Ord. No. 209, 1984, 1-15-85, approved, election 3-5-85; Ord. No. 199, 1986, § 1, Part C, 12-16-86, approved, election 3-3-87; Ord. No. 201, 1986, § 1, Part N, 12-16-86, approved, election 3-3-87; Ord. No. 202, 1986, § 1, Parts F, R, V, X, 12-16-86, approved, election 3-3-87; Ord. No. 22, 2001, § 1, 2-20-01, approved, election 4-3-01; Ord. No. 011, 2015, § 1, 2-3-15, approved, election of 4-7-15 ) Considering Change to Residency Requirements 06/28/2022 Teresa Roche, Human Resources Carrie Daggett, Legal Jenny Lopez-Filkins, Legal ATTACHMENT 2 2Questions 1.Do Councilmembers wish to consider a ballot measure for the November Municipal election asking voters to amend the Charter to modify the residency requirements for employees? 2.If so, what are Councilmembers’ suggestions regarding a change to residency requirements for the voters to consider? 3Discussion Outline •Review the current language on residency in the Charter. •Provide the why now behind these questions. •Review and discuss the highlights from conversations to date with the Council. •Summarize and identify the next steps. 4Current Language in Charter on Residency Article IV, Section 3. Residency requirement. •Directors of a city service area or a group of city service areas, deputy city managers, and assistant city managers shall reside within the Fort Collins Urban Growth Area during their tenure in office, but need not reside within the Fort Collins Urban Growth Area prior to their appointment. •City department heads may live outside the Urban Growth Area during their tenure in office, but only if their places of residence are within five miles of the city limits, as measured by a straight line connecting the parcel of property upon which the residence is situated to the nearest boundary line of the city. 5Why This, Why Now? •The world has changed. •Impacts internal promotion and mobility and external talent. •Evidence these trends will continue. 6Highlights from Discussion •Understand the need for a change. •Language in the charter should be less detailed and prescriptive. •City Manager provides recommendations and Council approves through an ordinance, allowing for modifications as needs change. 7Questions 1.Do Councilmembers wish to consider a ballot measure for the November Municipal election asking voters to amend the Charter to modify the residency requirements for employees? 2.If so, what are Councilmembers’ suggestions regarding a change to residency requirements for the voters to consider? For Questions or Comments, Please Contact: THANK YOU! Teresa Roche, Carrie Daggett and Jenny Lopez-Filkins