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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/19/2022 - ITEMS RELATING TO A CITY-INITIATED CHARTER AMENDME Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 19, 2022 City Council STAFF Teresa Roche, Human Resources Executive Jenny Lopez Filkins, Legal Carrie Daggett, City Attorney SUBJECT Items Relating to a City-Initiated Charter Amendment Relating to Residency Requirements. EXECUTIVE SUMMARY A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 089, 2022, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to the City Charter Concerning the Requirement that Certain Employees Live in or Near Fort Collins. At the June 28 work session, Council directed staff to bring forward potential ballot options to amend the City Charter to remove requirements that certain employee positions live in or near Fort Collins, allowing Council to establish any residency requirements by ordinance. Currently, a vote of the registered electorate is required to amend the Charter language that specifies City positions that must live in or near Fort Collins. The purpose of this item is to minimize residency as a barrier to employment in leadership positions in the City of Fort Collins and to recognize the world of work has changed significantly. Any protest of the proposed ballot language must be received no later than Monday, July 18, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If protests are received, copies will be included in Council's "Read Before the Me eting" packet. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Requirements that certain City employee positions must live in or near Fort Collins were adopted in 1985 and last reviewed in 2001. With advances in technology, the changing nature of our workforce, and the intention to make more opportunities available for diverse talent, management staff has witnessed internal talent not applying for promotional opportunities as often their spouse/p artner and family members are established in their current location for employment, education, and proximity to others, which impacts the internal mobility of our City talent. 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. The Ordinance prepared for this item includes optional Charter language in br ackets that requires any ordinance changing residency requirements to be approved by two -thirds (2/3) of those Councilmembers present and voting. Agenda Item 7 Item # 7 Page 2 ATTACHMENTS 1. Organizational Chart (PDF) 2. Powerpoint Presentation (PDF) ATTACHMENT 1 City-Initiated Charter Amendment Relating to Residency Requirements 07/19/2022 Te resa Roche, Human Resources Carrie Daggett, Legal Jenny Lopez-Filkins, Legal ATTACHMENT 2 2Discussion Outline •Restate the purpose of this recommendation. •Review the positions with residency requirements. •Reflect on the history of changes from 1985 to 2001. •React to the proposed change to the Charter. ATTACHMENT 2 3Why This, Why Now? Minimize residency as a barrier to employment in leadership positions in the City of Fort Collins and recognize the world of work has changed significantly. ATTACHMENT 2 4Context for Proposed Recommendation •Currently, a vote of the registered electorate is required to amend the Charter language that specifies City positions that must live in or near Fort Collins. •Staff is recommending that residency requirements that apply to City employees should be established by written agreement with an employee or in the Fort Collins Municipal Code, which would allow for the City Council to set the requirements by ordinance. •City Manager recommends which positions are subject to a residency requirement and Council approves. •The Ordinance prepared for this item includes optional Charter language in brackets that requires any ordinance changing residency requirements to be approved by two-thirds (2/3) of those Councilmembers present and voting. ATTACHMENT 2 ORGANIZATION CHART Can reside outside the Urban Growth Area,but within 5 miles of City limits Reside within the Fort Collins Urban Growth Area Reside witin the City Wednesday,July 13,2022 FORT COLLINS RESIDENTS CITY COUNCIL JENI ARNDT, MAYOR EMILY FRANCIS,MAYOR PRO TEM,DISTRICT 6 SUSAN GUTOWSKY,DISTRICT 1 JULIE PIGNATARO,DISTRICT 2 TRICIA CANONICO,DISTRICT 3 SHIRLEY PEEL,DISTRICT 4 KELLY OHLSON,DISTRICT 5 EMILY FRANCIS,DISTRICT 6 CITY ATTORNEY CARRIE DAGGETT CITY MANAGER KELLY DIMARTINO ASSISTANT CITY MANAGER RUPA VENKATESH DIVERSITY.EQUITY & INCLUSION OFFICE CLAUDIA MENENDEZ CITY CLERK'S OFFICE ANISSA HOLLINGSHEAD FINANCIAL SERVICES TRAVIS STORIN BUDGET LAWRENCE POLLACK SAFETY,SECURITY &RISK MANAGEMENT CLAIRE GOODWIN PURCHASING GERRY PAUL ACCOUNTING &TREASURY BLAINE DUNN REVENUE JENNIFER POZNANOVIC FINANCIAL PLANNING & ANALYSIS DAVID LENZ CITY GIVE NINA BODENHAMER HUMAN RESOURCES TERESA ROCHE POLICE SERVICES JEFF SWOBODA ADMINISTRATION GREGORY YEAGER PATROL KRISTY VOLESKY INFORMATION SERVICES JUSTIN ALLAR INVESTIGATIONS TIMOTHY DORAN COMMUNITY &SPECIAL SERVICES JOHN FEYEN BROADBAND CHAD CRAGER DEPUTY CITY MANAGER TYLER MARR (interim) SUSTAINABILITY SERVICES JACQUELINE KOZAK THIEL SOCIAL SUSTAINABILITY BETH YONCE ENVIRONMENTAL SERVICES LINDSAY EX ECONOMIC HEALTH OFFICE JOSH BIRKS PLANNING,DEVELOPMENT & TRANSPORTATION SERVICES CARYN CHAMPINE STREETS MALLORY GALLEGOS (Interim) PDT ADMINISTRATION DEAN KLINGNER TRANSFORT&PARKING SERVICES DREW BROOKS COMMUNITY DEVELOPMENT &NEIGHBORHOOD SERVICES PAUL SIZEMORE COMMUNITY SERVICES SEVE GHOSE PARKS MIKE CALHOON NATURAL AREAS KATIE DONAHUE PARK PLANNING & DEVELOPMENT KURT FRIESEN CULTURAL SERVICES JAMES MCDONALD RECREATION LEANN WILLIAMS INFORMATION &EMPLOYEE SERVICES AMANDA KING (Interim) OPERATION SERVICES TRACY OCHSNER (Interim) COMMUNICATION &PUBLIC INVOLVEMENT AMANDA KING INFORMATION TECHNOLOGY KEVIN WILKINS UTILITY SERVICES KENDALL MINOR UTILITYSTRATEGIC FINANCE LANCE SMITH CUSTOMER CONNECTIONS GRETCHEN STANFORD LIGHT &POWER OPERATIONS ADAM BROMLEY (Interim) WATER JASON GRAHAM EMERGENCY PREPAREDNESS JIM BYRNE CHIEF JUDGE JILL HUESER BOARDS &COMMISSIONS Please Note:This chart represent only those positions subject to a residency requirement. ATTACHMENT 2 6History of Changes 1985 Amendments to the Charter of the City of Fort Collins which would require the City Clerk, Directors of Departments, and Chiefs of Divisions to live within the Fort Collins Urban Growth Area (UGA) if appointed after March 5, 1985. 1997 Adding the requirement that deputy city managers and assistant city managers reside within the Fort Collins UGA and eliminating the requirement that the city attorney and the municipal judge reside within the UGA. 2000 UGA residency requirement contained in Article IV, Section 3 of the Charter be retained only for deputy and assistant city managers and service area directors (previously referred to in the City Charter as department heads). The City Council believes that while residency requirements serve an important public purpose at certain levels of management, they also tend to restrict the pool of qualified applicants for employment with the City and adversely affect the possibility of internal promotions. 2001 City division heads appointed after March 6, 1985, may live outside the UGA during their tenure if their residences 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. ATTACHMENT 2 "Service area" means a major city administrative unit designated as a service area by the City Council by ordinance. “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. "Fort Collins Urban Grow th 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. 7Definitions in the Charter ATTACHMENT 2 8Proposed Ballot Language CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 4 (Residency Requirements) Shall the Charter of the City of Fort Collins,specifically Article I,Section 12,Article III,Section 1, and Article IV,Section 3,regarding residency requirements,be amended to remove specific requirements that City employees in certain positions live in or near Fort Collins,which currently may only be amended by the electorate,and instead allow the City Council to establish such requirements by ordinance [approved by two-thirds (2/3) of those present and voting].? Ye s/For No/Against ATTACHMENT 2 9Questions 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’reactions to the proposed ballot language being offered? ATTACHMENT 2 For Questions or Comments, Please Contact: THANK YOU! Te resa Roche, Carrie Daggett and Jenny Lopez-Filkins ATTACHMENT 2 -1- ORDINANCE NO. 089, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO THE CITY CHARTER CONCERNING THE REQUIREMENT THAT CERTAIN EMPLOYEES LIVE IN OR NEAR FORT COLLINS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (the “Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article II, Section 12 of the Charter requires that the City Clerk reside in the Fort Collins Urban Growth Area while serving as the City Clerk; and WHEREAS, Article III, Section 1 of the Charter requires that the City Manager reside in the city limits of Fort Collins while serving as the City Manager; and WHEREAS, Article IV, Section 3 of the Charter concerns a residency requirement that applies to directors of City service areas or groups of City service areas, deputy city managers, and assistant city managers and compels such employees to reside within the Fort Collins Urban Growth Area; and WHEREAS, Article IV, Section 3 of the Charter also concerns a residency requirement that applies to City department heads and compels department heads to live within five miles of the City limits as measured in a prescribed manner; WHEREAS, the COVID-19 pandemic disruption to how work is performed has led to massive shifts in the way that employees and their employers think about work and the way that work is now performed; and WHEREAS, the City Council is of the opinion that more flexibility is warranted for the City’s workforce than the current residency requirements allow and that some high level City positions should be required to live within or in close proximity to the City; and WHEREAS, the City Council is of the opinion that residency requirements that apply to City employees should be established by written agreement with an employee or in the Fort Collins Municipal Code, which would allow for the City Council to set the requirements by ordinance; and WHEREAS, accordingly, the City Council desires to submit to the Fort Collins electors the Charter amendment below. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following proposed changes to Article II, Section 12, Article III, Section 1, and Article IV, Section 3, of the City Charter shall be submitted to the reg istered electors of the City as “Proposed Charter Amendment No. 4” at the November Election: ARTICLE II. CITY COUNCIL . . . Section 12. City Clerk. With the approval of the Council, the City Manager shall appoint a City Clerk who shall act as Clerk of the Council and who while so employed shall be a resident of the Fort Collins Urban Growth Area. The City Clerk shall: (1) give notice of Council meetings; (2) keep a journal of Council proceedings; (3) authenticate by his or her signature and permanently record in full all ordinances and resolutions; and (4) perform other duties required by this Charter or by the City Manager. . . . ARTICLE III. CITY MANAGER 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 office 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. . . . ARTICLE IV GENERAL PROVISIONS . . . Section 3. – Residency requirement -3- 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. The City Council may establish any residency requirement that applies to one or more specified City employee positions by ordinance [approved by two -thirds (2/3) of those present and voting]. . . . Section 3. That the following ballot title, with its title and submission clause, is hereby adopted for submitting Proposed Charter Amendment No. 4 to the voters at the November Election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 4 (Residency Requirements) Shall the Charter of the City of Fort Collins, specifically Article II, Section 12, Article III, Section 1, and Article IV, Section 3, regarding residency requirements, be amended to remove specific requirements that City employees in certain positions live in or near Fort Collins, which currently may only be amended by the electorate, and instead allow the City Council to establish such requirements by ordinance [approved by two-thirds (2/3) of those present and voting].? Yes/For _____ No/Against -4- Introduced, considered favorably on first reading and ordered published this 19th day of July, A.D. 2022, and to be presented for final passage on the 16th day of August, A.D. 2022. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of August, A.D. 2022. Mayor ATTEST: City Clerk