HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2000 - FIRST READING OF ORDINANCE NO. 146, 2000, AMENDING %_
AGENDA ITEM SUMMARY ITEM NUMBER: 22
FORT COLLINS CITY COUNCIL DATE: October 17, 2000
STAFF: Wanda Krajicek
SUBJECT:
First Reading of Ordinance No. 146, 2000, Amending Sections 2-636 and 2-638 of the City Code
Pertaining to Financial Disclosure Statements.
RECOMMENDATION:
Staff and the Governance Committee recommend adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
The provisions of Sections 2-636 and 2-638 of the City Code currently require a candidate for City
Council to file a financial disclosure within 10 days of accepting nomination,another full disclosure
statement 30 days after the election,and another disclosure statement or disclosure statement update
before June 1. The last two filings are approximately one month apart. This Ordinance will amend
Sections 2-636 and 2-638 of the City Code to eliminate the double filing after an election by
requiring annual filings to begin the year after the year in which election or appointment occurs. In
addition, the Ordinance will require only one full disclosure statement, with updates thereafter.
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BACKGROUND:
k In June 1999,staff presented to the Council's Governance Committee a number of proposed Charter
and Code amendments. One of the proposed Code amendments was to change the financial
disclosure requirements to eliminate double filings after an election. The Code currently requires
Council candidates to file a financial disclosure within 10 days of accepting nomination,another full
disclosure statement 30 days after the election, and another disclosure statement or disclosure
statement update before June 1. The proposed Ordinance will eliminate the double filing after an
election by requiring annual filings to begin the year after the year in which election or appointment
<; occurs. In addition,the Ordinance will allow one full disclosure to be made with updates thereafter,
rather than requiring a full disclosure statement before and after the election.
At its June 29, 1999 meeting,the Governance Committee unanimously agreed to move forward with
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the Code amendment.
ORDINANCE NO. 146, 2000
. OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 2-636 AND 2-638 OF
THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO FINANCIAL DISCLOSURE STATEMENTS
WHEREAS, Article VI, Division 2 of Chapter 2 of the Code of the City of Fort Collins
provides for financial disclosure by City Council candidates, City Council members, and the City
Manager and City Attorney; and
WHEREAS, Section 2-636 of the Code currently requires that Council members file a full
disclosure statement within thirty days after their election,even if they have filed such a disclosure
statement just prior to the election; and
WHEREAS, the Council believes it to be in the best interests of the City to amend Section
2-636 so as to allow such Council members to file an amended financial statement after the election
or a written notice that there has been no change in the disclosures made just prior to the election;
and
WHEREAS, Council believes that the language of Section 2-638 should be similarly
amended to clarify that the filing of an amended financial statement or notice of any change will
suffice in an election year when a full financial statement has been filed by a Council candidate just
. prior to the election; and
WHEREAS, the City Council believes that the foregoing proposed amendments are in the
best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-636 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-636 Required.
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within ten (t6) days after fifing,acceiAmice of norrrination with tit. eity eierk.
Section 2. That Section 2-638 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-638 Amended statement.
An rson Wredle a disclosure statement
before 3ntttl of each
cendar eaz'0 Ile an amended statement with the City Cletk or notif
the �ty Clerkn wnhnthat =_ o change
in shbwn'ori' tielasE previous frlimgo�a disclosure
statement.
Introduced, considered favorably on first reading, and ordered published this 17th day of
October,A.D. 2000, and to be presented for final passage on the 7th day of November,A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of November, A.D. 2000.
Mayor
ATTEST:
City Clerk
Governance Committee June 29, 1999
• 3. City Code amendment changing nomination petition deadline for recall elections to match
regular elections.
City Clerk Krajicek stated this would change the nomination petition deadline to 40 days prior
to an election instead of 30 days to allow more time for staff to adequately prepare the ballot.
Upon discussion of this item,it was determined that the current window for conducting a recall
election (45-90 days after the City Clerk presents to the Council a recall petition sufficient for
recall) should be altered to provide adequate time for preparation of the ballot following the
submittal of nomination petitions. 'This amendment will be incorporated into the draft
ordinance for Item#1 above.
The Committee unanimously agreed to move forward with this Code amendment. Since it does
not require voter approval, the ordinance may be considered by Council at any time.
4. Charter amendment correcting the incorrect use of term "refer" or "submit" in Article X,
Section 1(e)(Initiative) and Section 2(e)(Referendum).
City Clerk Krajicek stated this is a housekeeping item to clarify language usage with respect to
"refer" or"submit".
The Committee unanimously agreed with placement of this item on the November 1999 ballot.
5. City Code amendment eliminating double financial disclosure filings after an election.
City Clerk Krajicek stated that the City Code currently requires Council candidates to file a
financial disclosure within 10 days of accepting nomination, another full disclosure statement
30 days after election, and another disclosure statement or disclosure statement update before
June 1. This ordinance will eliminate the double filing after an election by requiring annual
filings to begin the year after the year in which election or appointment occurs. In addition,the
ordinance will allow 1 full disclosure to be made with updates thereafter,rather than requiring
a full disclosure statement before the election and another full disclosure statement after the
election.
The Committee unanimously agreed to move forward with this Code amendment. Since it does
not require voter approval, the ordinance may be considered by Council at any time.
6. Charter amendment establishing that candidate names are placed on the ballot in alphabetical
order and prohibiting the use of titles (Dr., Rev., etc.) and marks of distinction (quotes,
parentheses, etc.) with candidate names on the ballot.
City Clerk Krajicek stated that provisions relating to the arrangement of candidate names and
prohibiting the use of titles and marks of distinction were inadvertently deleted in a prior
Charter amendment. The Committee discussed whether the use of titles and marks of
• distinction create an unfair advantage.
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