HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2000 - FIRST READING OF ORDINANCE NO. 147, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 23
FORT COLLINS CITY COUNCIL DATE: October 17, 2000
STAFF:
Wanda Krajicek
SUBJECT:
First Reading of Ordinance No. 147,2000,Amending Section 7-117 of the City Code Pertaining to
the Nomination of Candidates for a Recall Election.
RECOMMENDATION:
Staff and the Governance Committee recommend adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
If adopted, this Ordinance will amend Section 7-117 of the City Code to require that candidates in
a recall election file nomination petitions no later that 40 days prior to the date of the recall election.
lip ACKGROUND:
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 nomination
petition deadline for recall elections to be consistent with the nomination petition deadline in a
regular election. The current deadline to file a nomination petition in a recall election is 30 days
prior to the election. Staff recommended changing the deadline to 40 days prior to the recall
election.
The Governance Committee unanimously agreed to move forward with the Code amendment. This
Ordinance amends Section 7-117 (Recall elections; nomination of candidates) of the City Code to
require that nomination petitions in a recall election be filed no later than 40 days prior to the recall
election.
During the Committee's discussion, it was determined that the 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.
On November 2, 1999, voters approved a Charter amendment,which, in part,changed the window
for conducting a recall election to 60-90 days after the Clerk presents the petition to the Council.
ORDINANCE NO. 147, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 7-117 OF
THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE NOMINATION OF CANDIDATES
FOR A RECALL ELECTION
WHEREAS, Article IV, Division 1 of Chapter 7 of the Code of the City of Fort Collins
provides for the nomination of candidates; and
WHEREAS, the provisions establishing the time frame for the nomination of candidates in
a recall election differ from the provisions governing the nomination of candidates in a regular
municipal election; and
WHEREAS, City staff has proposed an amendment to Section 7-117 of the City Code that
would establish a deadline for filing nomination petitions for candidates at a recall election that is
consistent with the deadline for filing a nomination petition for candidates at a regular municipal
election; and
WHEREAS,the City Council believes that the foregoing proposed amendment is in the best
interests of the City.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 7-117 of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 7-117. Recall elections; nomination of candidates.
Anyone desiring to become a candidate at a recall election shall do so by
nominating petition as required in Article VIII of the Charter. All nominating
petitions for such candidates shall be filed with the Office of the City Clerk no later
than thirty (36) orty,( Q days prior to the date of the recall election.
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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