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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2006 - RESOLUTION 2006-108 EXPRESSING CITY COUNCILS OPPOS ITEM NUMBER: 27 AGENDA ITEM SUMMARY DATE: October 17, 2006 FORT COLLINS CITY COUNCIL STAFF: Darin Att eberry SUBJECT Resolution 2006-108 Expressing City Council's Opposition to Ballot Issue 38 in the November 7, 2006 Election and Urging Residents of the City to Vote Against Such Measure. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This Resolution expresses City Council's opposition to Amendment 38, which will eliminate local control over the initiative and referendum process. BACKGROUND Amendment 38 is a proposed amendment to the State Constitution that will be on the November 7, 2006 election ballot. This initiative, if approved, will dramatically change the initiative and referendum process in Fort Collins and throughout the State. Amendment 38 would apply to the City and all levels of government,expanding the citizen petition process to include such elected bodies as special districts and authorities. It would weaken representative government in Colorado by making it much easier for a small number of citizens to place initiatives on the ballot and block ordinances and statutes from taking effect. It would also remove local control over the form of petition and the petition process. Amendment 38 would significantly lower the number of signatures needed to place a citizen initiative on the ballot.The Fort Collins City Clerk's Office estimates Amendment 38 would reduce the number of signatures required to place an ordinance on the ballot in Fort Collins to approximately 2,108 signatures(based on current registered voters and the number of votes cast for Secretary of State in 2002).The current signature requirement for placing an item on the November ballot is 4,725. It would also require the City to allow petitioning at all exits to any City building that is open to the public. October 17, 2006 -2- Item No. 27 In addition,Amendment 38 would supersede Fort Collins' signature requirements for City Charter amendments. It would reduce the number of signatures required for Charter amendments to approximately 2,108 signatures. The current signature requirement to place a Charter amendment on the November ballot is approximately 9,100 signatures. Amendment 38 would also extend the effective date of ordinances to 91 days after post-passage publication to allow more time for the ordinances to be referred to the voters. Ordinances in Fort Collins currently become effective 10 days after second reading. This additional delay would impede the ability of the Council to respond quickly to pressing needs of the City. Ordinances exempted from the referendum process would be limited to twelve emergency ordinances per year. If a petition referring an ordinance to the voters was filed, the ordinance would be suspended until an election was held, and the election could not be held until the following November.If a referendum petition was filed in the three months prior to a November election,the ordinance could not be voted on until November of the following year. The Amendment would severely limit public access to information about ballot measures in a number of ways. First,it would prohibit the inclusion of a summary of the measure from appearing on the petition. Second,the petition proponents could control the number of words opponents could use in the "blue book" information sent to voters. Third, it would prohibit the expenditure of any local government resources to even discuss petitions once they had been filed-banning staff from even answering questions from citizens about the measure. Finally,the potential for personal liability for government officials and employees under Amendment 38 is truly frightening. If a City Councilmember or employee was charged with improperly using City resources to discuss a ballot measure,the Amendment would prohibit the City from paying for the defense of that person or providing any reimbursement even if he or she was ultimately found to have done nothing wrong! If there was a violation, the Councilmember or employee would be personally liable, as would the City itself, for the payment of a minimum fine of$3,000. RESOLUTION 2006-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL'S OPPOSITION TO PROPOSED CONSTITUTIONAL AMENDMENT 38 IN THE NOVEMBER 7, 2006 ELECTION AND URGING RESIDENTS OF THE CITY TO VOTE AGAINST SUCH MEASURE WHEREAS, an initiated constitutional amendment, Amendment 38 to the Colorado Constitution,has been certified for consideration by the voters of the State of Colorado at the general election to be held on November 7, 2006; and WHEREAS, Amendment 38 proposes to supercede and overrule all conflicting provisions of the Colorado Constitution,Colorado Statutes and the City Charter of the City of Fort Collins with regard to the process for initiating ballot measures and referring to the voters measures adopted by the City Council; and WHEREAS, proposals similar to Amendment 38 have twice before been rejected by the Colorado voters in 1994 and 1996 by substantial margins; and WHEREAS,Amendment 38 is not clearly written and creates numerous practical and legal questions of interpretation; and WHEREAS, Amendment 38 would apply not only to state and local governments, which have legislative powers and functions,but also to"all enterprises,authorities and other governmental entities,"many of which do not have legislative functions and do not conduct elections; and WHEREAS, Amendment 38 would weaken representative government in Colorado by making it much easier for a small number of citizens to place initiatives on the ballot and to block ordinances adopted by the City Council from taking effect, and it would remove local control over the form of initiative and referendum petitions and the petition process; and WHEREAS, except for only twelve emergency ordinances per year,Amendment 38 would extend the effective date of all ordinances to 91 days after post-passage publication in order to allow more time for such ordinances to be referred to the voters; and WHEREAS,such delay in the effective date ofordinances would seriously impede the ability of the City to respond quickly to the needs of the City; and WHEREAS, if an ordinance adopted by the City Council was referred to the voters, Amendment 38 would suspend the effective date of the ordinance until an election could be held, and the timing requirements contained in Amendment 38 for conducting such an election could put a challenged ordinance"on hold"for as long as 15 months before voters would have an opportunity to determine whether the ordinance should take effect; and WHEREAS,Amendment 38 would severely limit public access to information about ballot measures,would prohibit the City from expending any local government resources for the purpose of"discussing"petitions once theyhad been filed,and would prevent City staff from even answering questions from citizens about such measures; and WHEREAS,Amendment 38 would create extraordinary,unwarranted personal liability for any government officials and employees who might inadvertently use City resources to discuss a ballot measure and would prohibit the City from paying for the defense of such persons even if they were ultimately found not to have violated the provisions of the amendment; and WHEREAS, in summary, the adoption of Amendment 38 would effectively repeal long- standing,well understood local Charter provisions and laws that for decades have reserved to local citizens the power to initiate and challenge local ordinances,and would replace such local provisions and control with unnecessary, confusing, ambiguous, dangerous and expensive new state-wide petition and referendum procedures that will encourage litigation and be impossible to change without yet another constitutional amendment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, for the foregoing reasons, the City Council hereby expresses its strong opposition to Amendment 38 and encourages the residents of the City to vote against such measure at the November 7, 2006 General Election. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk