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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/21/2002 - RESOLUTION 2002-056 ADOPTING LANGUAGE FOR THE OATH AGENDA ITEM SUMMARY ITEM NUMBER: 33 FORT COLLINS CITY COUNCIL DATE: May 21, 2002FROM: Wanda Krajicek SUBJECT : Resolution 2002-056 Adopting Language for the Oath of Office Administered to Certain Officers and Employees of the City. RECOMMENDATION: Staff and the Council Governance Committee recommend adoption of the Resolution. EXECUTIVE SUMMARY: This Resolution formally adopts language for the oath of office administered to the City Council, City Manager, City Attorney, City Clerk, Municipal Judge, and Service Area Directors. BACKGROUND: The language of the oath of office has recently come into question with regard to its meaning and enforceability. The oath currently contains language that is not prescribed by the City Charter, and it is that language that has created confusion and uncertainty. The Council Governance Committee has reviewed the current language of the Oath, the origin of which is unclear, as well as the oaths used by other municipalities and the requirements of the Charter and Colorado Constitution. The Governance Committee recommends that Council formally adopt language for the oath of office that is consistent with, and limited to,the language prescribed by the Charter and the Colorado Constitution. RESOLUTION 2002-056 . OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING LANGUAGE FOR THE OATH OF OFFICE ADMINISTERED TO CERTAIN OFFICERS AND EMPLOYEES OF THE CITY WHEREAS, Article IV, Section 4 of the Charter of the City of Fort Collins (the "Charter") requires each member of Council,the City Manager, the City Attorney,the City Clerk, the Judge of Municipal Court, and each director of a service area to take,subscribe before, and file with the City Clerk an oath or affirmation (the "Oath") that he or she will support the Constitution of the United States, the Constitution of the State of Colorado,the Charter, and the ordinances of the City of Fort Collins, and that he or she will faithfully perform the duties of the office or position; and WHEREAS, a similar requirement is contained in Article XII, Section 8 of the Colorado Constitution; and WHEREAS, the language of the Oath currently used by the City of Fort Collins has never been formally adopted by the City Council, and its origin is unclear; and WHEREAS,the Oath currently contains language not prescribed by Article IV,Section 4 of the Charter; and WHEREAS, such extraneous language has created confusion and uncertainty about its • meaning and enforceability; and WHEREAS, the City Council believes it would be in the best interests of the City and the citizens of Fort Collins to formally adopt language for the Oath which is consistent with,and limited to, the language prescribed by the Charter and the Constitution of the State of Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the language of the Oath, as shown in Exhibit"A" attached hereto and incorporated herein, is hereby adopted by the Council. _ Section 2. That the language of the Oath adopted herein shall become effective immediately and shall be used by the City until such time as the Council may deem it necessary to revise the same. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 21 st day of May, A.D. 2002. Mayor ATTEST: • City Clerk EXHIBIT "A" STATE OF COLORADO ) COUNTY OF LARIMER ) ss. CITY OF FORT COLLINS ) OATH OF (Insert name of Officer or Employee) AS (Insert Office or Title) I, (insert name of officer of employee), do solemnly swear that I will support the Constitution and the laws of the United States and the State of Colorado and the Charter and Ordinances of Fort Collins; and that I will faithfully perform the duties of my office or employment, so help me God. Subscribed and sworn to before me this day of A.D. . City Clerk