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