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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2007 - FIRST READING OF ORDINANCE NO. 063, 2007, AMENDING ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: May 1, 2007 FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek SUBJECT First Reading of Ordinance No.063,2007,Amending Certain Sections in Chapter 7 ofthe City Code Relating to the Board of Elections. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This Ordinance amends the City Code to conform the Code to the City Charter, as amended by the voters on April 3, 2007, and to accurately reflect the duties of the Board of Elections. BACKGROUND The Election Board was created in 1954. The purpose of the Election Board was to assist with the conduct of elections and to certify the election results. The Election Board consisted of two citizens appointed by the City Council, and the City Clerk. Prior to the age of technology and mail ballot elections,the Election Board was very involved in the conduct of elections. Election Board members recruited individuals to serve as polling place judges, often relying on friends, relatives and church members. This was truly a function that benefitted from community networking. However,as technology developed to manage lists ofvolunteers using databases, it became more efficient for staff to assume the role of recruiting and managing polling place judges. Certification of election results has also become effortless through the use of technology. In the past, verification of the results was an exercise in calculation and recalculation until the Board was satisfied that the numbers were accurate. In 1995, when the City conducted its first mail ballot election, the need for polling place judges became obsolete. Since 1995,the role of the Election Board has continually declined. In 2005,with only one citizen member in place on the Board, the role was limited to certifying the results of the election. An amendment to the City Charter to modify the composition of the Election Board, to consist of the City Clerk, the Chief Deputy City Clerk, and the Municipal Judge, was approved by the voters at the April 3, 2007 election. -May 1, 2007 -2- Item No. 15 This Ordinance amends Chapter 7 of the City Code which contains references to the composition and compensation of the Board of Elections, and Section 2-493 of the City Code relating to the duties of the Municipal Judge. ORDINANCE NO . 0639 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN SECTIONS IN CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE BOARD OF ELECTIONS WHEREAS , on April 3 , 2007, the electorate of the City approved certain amendments to the City Charter; and WHEREAS , one such amendment was an amendment to Article VIII, Sections 5 and 7 of the Charter, pertaining to the composition of the Board of Elections and the certification of election results; and WHEREAS , Article VIII, Section 5 of the Charter, as amended, provides that the Board of Elections shall consist of the City Clerk, Chief Deputy City Clerk, and Municipal Judge, and that the Board shall be responsible for any election duties specified in the Charter and for such additional duties related to the conduct of elections as may be established by Council by ordinance ; and WHEREAS , Chapter 7 of the City Code contains sections relating to the membership, term, compensation, and duties of the Board of Elections which are now inconsistent with the new composition and duties of the Board under the foregoing Charger amendment; and WHEREAS , staff recommends that Chapter 7 of the City Code be amended to conform the City Code to the City Charter and to accurately reflect the duties of the Board of Elections . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Article II, Division 2 of Chapter 7 of the Code of the City of Fort Collins is hereby amended to read as follows : DIVISION 2 , BOARD OF ELECTIONS Sec . 7-26. £ dDuties. There shall be and is hereby created a Board of Elections , hereafter referre intiIis ehapter as the The Board of Elections, as established in Article VIII, Section 5 of the Charter, shall be responsible for certifying the results of all City elections in the manner described in Article VIII, Section 7 of the Charter, and shall have such other duties related to the conduct of elections as may be established by the Council by ordinance. compensation;See. 7-27. Nfembei ship ; term ; (b) Each mcmbcr shall scrvc without compcnsation for a tcrm of four (4) ycam, except that members may be appointed by the eity eotincit for a shortM t%,i tit 11T order to achieve overlapping tennre . Appointments shaff specify the term of office a vacancy occurs on the Board, it shall be filled by the eity eouncit for the nexpired portion of the term. No member shall serve more than two (2) (c) The appointed menThers of the Board shall be paid for thch services at a rate govcrnment for cach hour they spend performing thcir dutics as mem-bers of sue Board. Sec. 7-28. Duties. elcetions (b) The Board shaff provide for baflots and sample baflots, for determination o the winner in event of a tic votc, for canvass of returns and for issuance 0 appropriate certificates . Section 2 . That Article II, Division 3 of Chapter 7 of the Code of the City of Fort Collins is hereby amended to read as follows : DIVISION 3 . ELECTION JUDGES Sec. 7-41 . Appointment. TheBoar City Clerk shall appoint judges for each precinct in accordance with the provisions of tire-eharter Article III, Division 2 of this Chapter. Sec. 7-42 . Compensation. Pursuant to the recommendation by the Boar of the City Clerk, the judges of the election shall receive compensation for their services as a judge at any election in an amount established by the City Council by resolution. The $morel City Clerk shall select one ( 1 ) of the election judges in each precinct to deliver the election returns, registration book or list and other election papers and supplies to the City Clerk. The judges selected shall be paid an additional amount as set by the City Council for the performance of such service . -2 - Section 3 . That Section 2-493 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 2493. Municipal Court; duties of the Municipal Judge. The Municipal Court shall be in the charge of the Municipal Judge, who shall be directly responsible to the City Council for the functions and duties of the Municipal Court. The Municipal Judge shall serve as a member of the Board of Elections in accordance with the provisions of Article VIII, Section 5 of the Charter. Introduced, considered favorably on first reading, and ordered published this 1 st day of May, A.D . 2007, and to be presented for final passage on the 15th day of May, A.D. 2007 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 15th day of May, A . D . 2007 . Mayor ATTEST : City Clerk -3 -