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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/04/2005 - SECOND READING OF ORDINANCE NO. 200, 2004, AMENDIN ITEM NUMBER: 19 AGENDA ITEM SUMMARY DATE: January 4, 2005 FORT COLLINS CITY COUNCIL STAFF: Steve Roy Wanda Krajicek SUBJECT Second Reading of Ordinance No. 200, 2004, Amending Chapter 7 of the City Code so as to Add a New Section Relating to Identifying Circulators of Petitions. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Article X, Section 5 of the City Charter and Chapter 7, Article VI of the City Code establish certain regulations and requirements pertaining to the content and circulation of petitions and the affidavits of petition circulators. Currently, neither the City Charter nor the City Code requires that the status of petition circulators be identified as being either volunteer or paid. This Ordinance, which was adopted 6-1 (Nays:Mayor Martinez)on First Reading on December 21,2004,would amend the City Code to impose such a requirement. ORDINANCE NO. 200, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS SO AS TO ADD A NEW SECTION RELATED TO IDENTIFYING CIRCULATORS OF PETITIONS WHEREAS, under Article 20, Section 6 of the Colorado Constitution, home rule cities such as the City of Fort Collins are authorized to legislate upon, provide, regulate, conduct and control all matters pertaining to municipal elections within their municipal boundaries; and WHEREAS, under Article VIII, Section 1 of the City Charter, the Council is to provide by ordinance for the manner of holding City elections, and, if a particular matter regarding elections is not covered by the Charter or ordinances of the City or by the State constitution, then such matter is to be governed by the laws of the State of Colorado relating to municipal elections; and WHEREAS, the City Charter sets out, in Article X, the manner in which the power of initiative and referendum may be exercised with regard to City elections; and WHEREAS, such Charter provisions require that, with regard to both initiated and referred measures, petitions be circulated among registered voters to determine whether enough registered voters wish to have the initiated or referred measure placed on the ballot at a City election; and WHEREAS, Article X, Section 5 of the Charter establishes certain regulations and requirements pertaining to the content and circulation of petitions and the affidavits of petition circulators; and WHEREAS, currently, neither the City Charter nor the City Code requires that the status of petition circulators be identified as being either volunteer or paid; and WHEREAS, the State election law does require that circulators wear identification badges identifying their name, their status as unpaid volunteer circulators or paid circulators, and in the case of paid circulators, the name and telephone number of the individual paying the circulators; and WHEREAS, the City Council believes it to be in the best interests of the residents of the City to require, by ordinance, that all petition circulators wear badges showing: (a) the circulators' status as either volunteer circulators or paid circulators, and, (b) if paid, the name and telephone number of the individual or entity paying the circulator; and WHEREAS, the City Council believes that such a requirement would: (a) help ensure the integrity and reliability of the petition process, (b) indicate the level of grassroots support for a given measure, and (c) provide another source of information if a circulator is unable to answer questions regarding the petition. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 7 of the City Code is hereby amended to add a new section as follows: Sec. 7-157. Circulator requirements. Any person circulating a petition approved for circulation by the City Clerk shall wear a badge containing the following information: a. For all circulators who are not to be paid for circulating petitions concerning ballot issues, the words "VOLUNTEER CIRCULATOR" shall be displayed in bold-faced type which is clearly legible; b. For all circulators who are to be paid for circulating petitions concerning ballot issues, the words "PAID CIRCULATOR," together with the name and telephone number of the individual or entity employing the circulator, shall be displayed in bold-faced type which is clearly legible. Introduced, considered favorably on first reading, and ordered published this 21st day of December, A.D. 2004, and to be presented for final passage on the 4th day of January, A.D. 2005. Mayor ATTEST: kL)�. City Clerk C3 Passed and adopted on final reading this 4th day of January, A.D. 2005. Mayor ATTEST: City Clerk ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: December 21, 2004 FORT COLLINS CITY COUNCIL STAFF: Steve Roy Wanda Krajicek SUBJECT , Ordinance No. 200, 2004, Amending Chapter 7 of the City Code so as to Add a New Section Relating to Identifying Circulators of Petitions. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Article X, Section 5 of the City barter and Ch to , is VIf the City Code establish certain regulations and requirements p atmng the c ` tent an circ; tion of petitions and the affidavits of petition circulators. Currently,;n11",ert e ` e C' Carter nor tCity Code requires that the status of petition circulators be identified as being either volunteer or paid. This Ordinance would amend the City Code to impose such a requirement. BACKGROUND The Colorado Constitution, state election law, the City Charter, and the City Code prescribe the manner in which the powers of initiative and referendum may be exercised with regard to City elections. The use of the initiative and referendum powers is a fundamental basis of the democratic form of government. The conduct of local elections is a matter of local concern and if there is any conflict between state and local law on this subject, the local law prevails. State election law requires that circulators wear identification badj,�e.s identifying their names,their status as unpaid volunteer circ fators orf id ctr u tors,a n�tRe case of a paid circulators, the name and telephone number of� he indiali the circu ntors. The U.S. Supreme Court has determined that requiring discl ureirc to ' names not constitutionally permissible. Therefore, this Ordinance would amend the City Code to add only the latter requirements (having to do with volunteer or paid status). These requirements would allow the citizens of Fort Collins to know the level of grassroots support for a given measure and they would help ensure the integrity and reliability of the petition process. Also, citizens would have another source of information if a circulator is unable to answer questions regarding the petition.