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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/12/2014 - POSSIBLE CHARTER AMENDMENTS FOR THE APRIL 7, 2015DATE: STAFF: August 12, 2014 Wanda Nelson, City Clerk Rita Knoll, Chief Deputy City Clerk Carrie Daggett, Interim City Attorney WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Possible Charter Amendments for the April 2015 Regular Election. EXECUTIVE SUMMARY The purpose of this item is to discuss possible Charter Amendments for voter consideration at the April 7, 2015 Municipal Election. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What Charter Amendments, if any, would Council like staff to bring to Council for formal consideration of possible placement on the April 7, 2015 ballot? BACKGROUND / DISCUSSION Article IV Section 8 of the Fort Collins Charter states that the Charter may be amended at any time in the manner provided by the laws of the State of Colorado. CRS 31-2-210(6) outlines the procedure to amend a municipal Charter: “If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved.” Charter Amendments were last considered in April 2011, when citizens voted during the Municipal election on redistricting, ranked voting, and the Library Park building footprint. Councilmember/Mayor Term Limits (Charter Amendments) Council leadership has expressed interest in considering presenting to the voters the option to eliminate or extend term limits for Councilmembers and Mayor. At the general election on November 8, 1994, Colorado voters approved an amendment to the Colorado Constitution establishing term limits for municipal elected officials. Referred to as Amendment 17, the citizen-initiated constitutional amendment placed statewide term limits on every state and local elected official in Colorado. The provisions of Amendment 17 generally limit elected officials to no more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, elected officials are limited to no more than three consecutive terms in office. Application of Amendment 17 in Fort Collins currently limits Councilmembers to two consecutive four-year terms, and the Mayor to three consecutive two-year terms. Amendment 17 also permits voters of any such political subdivision to lengthen, shorten or eliminate the limitations on terms of office imposed by the Amendment. Prior to enactment of Amendment 17, Fort Collins did not have term limits for elected officials. Since enactment of Amendment 17, Fort Collins voters have not considered a term limits question. It is important to note that the modification of the constitutionally imposed term limits does not necessary require amending the Charter, since the Charter does not currently speak to the number of consecutive terms that the Mayor or other Councilmembers may serve. However, staff believes that, if the City Council wishes to modify the terms limits, it would be advisable to present the issue to the voters as a proposed Charter amendment so that the number of terms, if modified, would be specified in the Charter. August 12, 2014 Page 2 Staff Proposed Charter Amendments During the past few years, staff has encountered situations that have highlighted the need for some clarification or changes in various Charter provisions. Staff has compiled a list of several “housekeeping” Charter Amendments for Council consideration described in Attachment 1 pertaining to initiative/referendum, candidate nomination, and recall. In order to reduce the number of questions on the ballot pertaining to the initiative/referendum process, staff recommends packaging the amendments related to this subject in one ballot question. Other amendments could be presented on the ballot as separate questions concerning: 1. Candidate Nominations 2. Recall ATTACHMENTS 1. Proposed Charter Amendments (PDF) 2. Length of Time to Certify a Petition (PDF) 3. CML Publication FAQs Term Limits (PDF) 4. CML Matrix Municipal Elections Term Limit Issues (PDF) 5. Powerpoint presentation (PDF) Proposed Charter Amendments Related to Initiative/Referendum PROPOSED CHANGE 1: Amend Article X, Section 5(f)(3) to allow the City Manager to appoint an alternate hearing officer for protest hearings. CURRENT CHARTER PROVISION: Article X, Section 5(f)(3) Protests. Registered electors desiring to protest the sufficiency of a petition may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the petition. The protest shall set forth with particularity the grounds of protest and the names and defects in form protested. Upon the filing of a protest, the City Clerk shall set a time for hearing such protest, which shall be no more than seven (7) days thereafter. At least five (5) days prior to the hearing, the City Clerk shall mail a copy of the protest to all of the designated petition representatives together with a notice of the time for hearing. All hearings shall be before the City Clerk who shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. All records and hearings shall be public, and all testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the petition was filed. The City Clerk shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded. A petition for referendum which has been deemed insufficient after protest may not be amended or circulated further. EXPLANATION: Currently it is the City Clerk who reviews his or her own decision. Staff recommends this Charter Amendment to permit the appointment of an outside hearing officer. PROPOSED CHANGE 2: Amend Article X, Section 6(b) to clarify the sentence on the submission clause so as to require the response to all ballots question be Yes/For or No/Against. CURRENT CHARTER PROVISION: Article X, Section 6(b) Ballots. Upon ordering an election on any initiative or referendum measure, the Council shall, after public hearing, adopt by resolution a ballot title and submission clause for each measure. The ballot title shall contain information identifying the measure as a city initiated or citizen initiated measure. The submission clause shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and shall unambiguously state the principle of the provision sought to be added. The official ballot used when voting upon each proposed or referred measure shall have printed on it the ballot title and submission clause and shall contain the words, "Yes" and "No" in response to a ballot question, or "For the Ordinance" and "Against the Ordinance" or "For the Resolution" and "Against the Resolution." EXPLANATION: In the past, ballots have contained the wording, “For the Ordinance/Resolution” and “Against the Ordinance/Resolution.” This has caused voter confusion and staff recommends changing this requirement to “Yes/For” and “No/Against.” This is also consistent with State law on the appropriate response to ballot questions. PROPOSED CHANGE 3: Amend Article X, Section 5(f)(1) and Article IX, Section (2)(g) to increase the amount of time (five working days) the City Clerk has to examine a petition. CURRENT CHARTER PROVISION: Article X, Section 5(f)(1) Examination. Within five (5) working days of the filing of a petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of registered electors and contains the required particulars and affidavits. If the petition is insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition representatives in writing, specifying the particulars of insufficiency. Article IX, Section (2)(g) Sufficiency of petition; amendment. Within five (5) working days of the filing of a petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of registered electors and contains the required particulars and affidavits. If the petition is insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition representatives in writing, specifying the particulars of insufficiency. EXPLANATION: Staff is recommending that this time be increased to fifteen working days. As noted in Attachment 2, other municipalities are allowed up to 30 calendar days for this examination (as permitted under CRS 31-11-109). PROPOSED CHANGE 4: Amend Article X, Section 5(b)(3) to remove language that invalidates both signatures if a person signs a petition twice, and substitute language that provides for the first signature found to be counted (if valid), and all subsequent signatures to be rejected. CURRENT CHARTER PROVISION: Article X, Section 5(b)(3) Signatures. Only registered electors may sign the petitions authorized under this Article. Each signer must sign his or her own signature and each signature shall be followed by the printed name of the signer, the street and number address of his or her residence, and the date of signing. No person shall knowingly sign an initiative or referendum petition more than once. In the event that the signature of any person appears more than once on a petition authorized under this Article, all such signatures shall be subject to invalidation by the City Clerk. EXPLANATION: This would change the provision relating to petition signatures to allow the first signature of a voter who signed twice to be counted, rather than disqualifying both signatures. While it is unlawful under state statute (§ 31-11-114 (1)(b), C.R.S.) for any person to sign…more than once for the same measure at one election, the statute does address the validity of the signatures. This recommended change is consistent with Proposed Charter Amendments Related to Initiative/Referendum PROPOSED CHANGE 5: Amend Article X, Section 5(f)(3) to make it clear that a person can protest the determination of sufficiency OR insufficiency of a petition. CURRENT CHARTER PROVISION: Article X, Section 5(f)(3) Protests. Registered electors desiring to protest the sufficiency of a petition may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the petition. The protest shall set forth with particularity the grounds of protest and the names and defects in form protested. Upon the filing of a protest, the City Clerk shall set a time for hearing such protest, which shall be no more than seven (7) days thereafter. At least five (5) days prior to the hearing, the City Clerk shall mail a copy of the protest to all of the designated petition representatives together with a notice of the time for hearing. All hearings shall be before the City Clerk who shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. All records and hearings shall be public, and all testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the petition was filed. The City Clerk shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded. A petition for referendum which has been deemed insufficient after protest may not be amended or circulated further. EXPLANATION: This change will provide clarity regarding the protestation of a petition for its sufficiency or insufficiency. PROPOSED CHANGE 6: Amend Article X, Section 5(f)(2) to remove the “cure period” for both initiative and referendum petitions that have been deemed insufficient. CURRENT CHARTER PROVISION: Article X, Section 5(f)(2) Insufficient petition; amendment. In case an initiative petition is deemed insufficient, whether following the initial determination by the City Clerk, or following protest proceedings, it may be withdrawn and amended within fifteen (15) days from the filing of the Clerk's certificate of insufficiency. A referendum petition may be withdrawn and amended but to be considered must be refiled within the twenty-day period after the City Clerk's approval of the petition form for circulation. Within five (5) days after such amendment, the City Clerk shall make like examination of the amended petition and certify the result. If the amended petition is still insufficient, or if no amendment was made before the expiration of the time permitted for amendment, the City Clerk shall return the petition to one (1) of the designated petition representatives. In the case of an initiative petition, the return of the petition is without prejudice to the filing of a new petition for the same purpose. However, a returned referendum petition is null and void and a new petition may not thereafter be filed for referendum of the same ordinance. EXPLANATION: Currently, the Charter allows initiative petitions to be withdrawn and amended within fifteen (15) days from filing the Clerk’s certificate of insufficiency. It is unclear whether petition circulators are allowed to continue gathering petition signatures while the City Clerk is examining the initial filing. Referendum petitions may be withdrawn and amended, but must be refiled with the twenty-day period after the City Clerk has approved the petition form for circulation. Removing the “cure period” will create a definite endpoint for the gathering of petition signatures. A cure period is not permitted for municipal elections under Title 31. PROPOSED CHANGE 7: Amend Article X, Section 1(d) to change deadline to submit citizen initiatives from 60 days prior to the election to 90 days prior to the election to allow enough time to meet TABOR deadlines. CURRENT CHARTER PROVISION: Article X, Section 1(d) Petition deadlines. The initiative petition shall be filed no more than sixty (60) days after the City Clerk's approval of the form for circulation. Unless a special election is requested, the petition must also be filed at least sixty (60) days prior to the next regular city election. If the petition requests a special election in conjunction with a Larimer County Coordinated or General Election, the City Clerk shall establish a submittal deadline for the petition that will enable the measure to be considered at such election, which deadline shall be consistent with all pertinent provisions of the Colorado Revised Statutes governing the conduct of such elections, and, if applicable, with Article X, Section 20 of the Colorado Constitution, and shall advise the petition representatives in writing as to the submittal deadline. EXPLANATION: If a petition filed 60 days before a regular City election is deemed insufficient, the deadline for filing an amended petition could occur after the deadline to submit pro and con statements relating to a TABOR issue, which is 45 days prior to the election. This is also consistent with the statutory deadline for filing a Charter Amendment initiative petition. Proposed Charter Amendment Related to Candidate Nomination PROPOSED CHANGE: Amend Article VIII, Section 4(b) to remove language that requires the circulator to certify the number of signatures collected, and that excess signatures shall be disregarded. CURRENT CHARTER PROVISION: Article VIII, Section 4(b) Sufficiency of petition. The City Clerk shall make a record of the exact date and time at which each nominating petition is filed and shall record the names and mailing addresses of the circulators and the candidate. The City Clerk shall forthwith examine all petitions submitted, and within five (5) days after the filing of a nominating petition, notify the candidate and the circulators, with a statement certifying the results of the examination, specifying the particulars of insufficiency, if any. If a petition is found to be signed by fewer persons than the number certified by the circulator, the signatures shall be accepted unless void on other grounds. If a petition is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. Within the regular time for filing petitions, an insufficient petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition for each candidate elected to office shall be preserved by the City Clerk until the expiration of the terms of office for such person. EXPLANATION: The number of signature lines on a petition is 25 and the number obtained is evident. This provision was the subject of an election complaint during the 2013 Municipal Election. Proposed Charter Amendment Related to Recall PROPOSED CHANGE: Amend Article IX, Section 3(c) to conform language to the August 2013 Colorado Supreme Court ruling that a person does not have to vote on the question of recall in order for their vote for a successor candidate to be counted. CURRENT CHARTER PROVISION: Article IX, Section 3(c) Call of election. A recall election shall be for the dual purposes of voting on the recall of the officer sought to be removed and the election of a successor. Upon the City Clerk's presentation of a petition certified sufficient for recall, the Council shall set a date for the election which shall be held on a Tuesday not less than sixty (60) nor more than ninety (90) days from the date of presentation of the certified petition to Council. However, if any other city election is to occur within ninety (90) days from the presentation of the certified petition to Council, the recall election shall be postponed and consolidated with such other city election. The order setting a date for the recall election shall not become effective until five (5) days from the presentation of the certified petition to Council. If the officer resigns within the five-day period, the vacancy may be filled by appointment. If a vacancy occurs in the affected office after the effective date of the order, the election to fill the vacancy shall nevertheless proceed. EXPLANATION: In October 2013, the Colorado Supreme Court issued an opinion ruling that the “prior participation” requirements in Article XXI, Section 3 of the Colorado Constitution, which requires an elector who wishes to vote for a successor candidate in a recall election to also cast a ballot on the recall issue, conflicts with the First and Fourteenth Amendments to the United States Constitution. The Charter contains language similar to the state provision. Length of Time to Certify a Petition Municipality Number of Calendar Days Population Fort Collins 5 Working Days 148,612 Longmont 15 88,700 Windsor 30 19,750 Brighton 30 36,600 Loveland 30 70,200 Telluride 10 2,300 Woodland Park 5 Working Days 7,200 Nederland 30 1,500 Estes Park 30 6,000 Commerce City 30 48,400 Parachute 15 1,100 Thornton 30 124,000 Greeley 15 95,300 Westminster 15 109,020 Average 20.7 54,000 ATTACHMENT 2 Q: Where can I find the law on local term limits? Term limitations for elected officials were adopted pursuant to Amendment 17 of 1994, an initiated constitutional amendment approved at the Nov. 8, 1994, general election. The provisions of Amendment 17 related to local officials were codified at Section 11 of Article XVIII of the constitution. Q: What are the local term limits? An official is limited to two consecutive terms in office that is more than two years in length, typically a four-year term. In the case of two-year terms, officials cannot hold more than three consecutive terms in office. (Colo. Const. Art. XVIII § 11(1)) Q: What are consecutive terms? Terms are considered consecutive unless there is a four-year break between terms. However, partial terms and appointments do not count toward the cumulative totals. (Colo. Const. Art. XVIII § 11(1)) Q: How do term limits impact home rule charters? The constitutional amendment on term limits applies to every municipality in the state, including those with home rule charters. (Colo. Const. Art. XVIII § 11(3)) Q: How do we go about changing term limits? Cities and towns may exercise the local option provision within the amendment. Both statutory and home rule municipalities also can change the number of trustees or lengthen the terms of office through ordinance or charter amendment to mitigate the effects of term limitation. (Colo. Const. Art. XVIII § 11(2)) Q: If a board member runs for mayor halfway through his/her term as trustee, can he/she remain a trustee? Yes. While no candidate may hold two elected municipal positions at one time, no law precludes a trustee from continuing to serve in that capacity until he/she is elected mayor. Before being sworn into the office of mayor, he/she would need to resign from the office of trustee. (C.R.S. §§ 31-4-107; 31-10-301) Q: Must a person appointed to fill a vacancy on the governing body be elected at the next regular municipal election in order to continue in office? Yes. The statutes applicable to statutory cities (C.R.S. §§ 31-4-103; 31-4-106; Municipal Elections Term Limit Issues, 1995–Fall 2013 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Aguilar Eliminate of term limits for all elected officials. fail Eliminate term limits for Mayor. fail Eliminate term limits for Trustee. fail Akron Eliminate term limits for mayor and trustees pass Alamosa Modify term limits to conform to city charter pass Alma Create 4 year term limit for mayor. pass Eliminate term limitations for all elected officials. fail Arriba Eliminate term limits for mayor and council pass Arvada Charter amendment to allow three terms instead of only two pass Aurora Charter amendment to allow three consecutive terms (increase from 8 to 12 years) for any elected office pass Basalt Eliminate term limits for mayor and trustees fail Eliminate term limits for all elected officials fail Bayfield Eliminate term limits for trustees fail Bethune Eliminate term limits for city officials pass Black Hawk Eliminate term limits fail Eliminate term limits for all elected officials pass Blanca Eliminate term limits for mayor and city council pass Blue River Eliminate term limits for elected officials fail Bonanza Eliminate term limits & reduce board to 5 (including mayor) pass Boulder Eliminate term limits for city council pass Term limit provision, if not removed by electors, will be adjusted to provide that council members elected to fill a vacancy of less than one year will not count as a term of office pass Amend charter for staggered 4 year terms of mayor and council fail Bow Mar Eliminate term limits pass Brighton Amend charter to clarify term limits for officials who were appointed to elected office pass Brookside Eliminate term limits for mayor and board pass Castle Rock Eliminate term limits for mayor and councilmembers fail Amend charter to increase council terms from two to four years fail Central City Eliminate term limits fail Cheyenne Wells Eliminate term limits for Trustees and mayor pass Coal Creek Eliminate term limits pass Collbran Eliminate term limits for mayor and trustees fail Crawford Eliminate term limits pass Creede Eliminate term limits for trustees and mayor pass Crestone Eliminate term limits pass Crook Eliminate term limits for mayor and trustees pass ATTACHMENT 4 Municipal Elections Term Limit Issues, 1995–Fall 2013 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Dacono Charter amendment eliminating term limits fail Charter amendment providing for three, three-year terms for elected officials pass Deer Trail Eliminate term limits for Mayor and Trustees. pass Del Norte Eliminate term limits pass Denver Eliminate term limits for elected officials fail Lengthen term limits to 3 consecutive 4-year terms pass Dolores Eliminate term limits for mayor and council fail Dove Creek Eliminate term limits pass Eads Modification of term limits pass Eckley Eliminate term limits for mayor and trustees pass Edgewater Eliminate term limits for mayor and council members fail Charter amendment eliminating term limits fail Englewood Amend Charter to allow council members to serve three consecutive terms pass Estes Park Eliminate term limits fail Evans Eliminate term limits for anyone covered by Colorado Constitution fail Eliminate term limits fail Flagler Eliminate term limits for all elected officials pass Fleming Eliminate term limits on elected officials. fail Fort Lupton No person shall serve more than three consecutive terms for councilmember fail Councilmembers limited to three consecutive terms pass Foxfield Eliminate term limits for all elected officials fail pass Fraser Eliminate term limits for all elected officials pass Frederick Eliminate term limits fail Eliminate term limits fail Fountain Amend Charter to change Mayor’s term of office to 4 years with 2 maximum terms pass Fowler Eliminate term limits for Trustee & Mayor pass Frisco Two consecutive terms or 10 years of service for councilmembers; 3 consecutive terms of 14 years of any combination of mayor and councilmember; two-year delay after service pass Garden City Eliminate term limits pass Genoa Eliminate term limits pass Gilcrest Eliminate term limits for mayor and board of trustees fail Glenwood Eliminate term limits fail Springs Eliminate term limits fail Granada Eliminate term limits pass Municipal Elections Term Limit Issues, 1995–Fall 2013 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Granby Eliminate term limits for elected officials pass Grand Lake Eliminate term limits for elected officials pass Greenwood Village Charter amendment to modify term limits by allowing councilmembers to serve four, two-year terms pass Gunnison Lengthen the limitation on terms of office for city council members to no more than 12 consecutive years, commencing with terms of office beginning May 12, 1987 fail Gypsum Eliminate term limits for elected officials fail Eliminate term limits for mayor and town councilmembers pass Hartman Eliminate term limits for mayor and council pass Haswell Modify term limits for mayor and trustees pass Reduce number of trustees from 7 to 5 pass Haxtun Eliminate term limits for mayor and town council fail Hayden Eliminate term limits fail Hillrose Eliminate term limits pass Holyoke Eliminate term limits for mayor and city council fail Hooper Eliminate term limits for Mayor and Board of Trustees fail Hotchkiss Eliminate term limits fail Hot Sulphur Springs Eliminate term limits for Mayor and Board of Trustees pass Hugo Eliminate term limits pass Idaho Springs Eliminate term limits for city treasurer fail Eliminate term limits for city clerk fail Eliminate term limits for city clerk and treasurer fail Eliminate term limits for city clerk pass Eliminate term limits for city treasurer fail Ignacio Eliminate term limits for all elected officials pass Iliff Eliminate term limits for Mayor and councilmembers fail Jamestown Limitation of two consecutive terms for all elected officials pass Johnstown Eliminate term limits pass Julesburg Eliminate term limits for mayor and trustees fail Eliminate term limits for all elected officials pass Keenesburg Eliminate term limits for mayor and trustees pass Kim Eliminate term limits pass Kiowa Eliminate term limits pass Kremmling Eliminate term limits for all elected officials pass La Junta Eliminate term limits fail Eliminate term limits fail Municipal Elections Term Limit Issues, 1995–Fall 2013 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Elected officials authorized to serve more than two terms in office if re-elected pass Lakeside Eliminate term limits pass Eliminate term limits for mayor and board of trustees pass Lamar Eliminate term limits pass La Salle Eliminate term limits pass La Veta Eliminate term limits for mayor and board pass Lake City Eliminate term limits pass Las Animas Eliminate term limits for city clerk and treasurer pass Leadville Eliminate term limits for mayor, council, clerk & treasurer fail Log Lane Eliminate term limits for board of trustees fail Village Eliminate term limits for elected officials fail Mancos Eliminate term limits for mayor and council fail Manzanola Eliminate term limits pass Marble Eliminate term limits pass Merino Eliminate term limits pass Minturn Eliminate term limits for elected officials pass Monte Vista Eliminate city council term limits pass Montezuma Eliminate term limits pass Morrison Eliminate term limits for mayor and trustees fail Mountain View Authorize all elected officials of the town to serve more than two consecutive terms pass Amend terms for board of adjustments and appeals and the planning and zoning commission pass Mt. Crested Butte Eliminate term limits for council members fail New Raymer Eliminate term limits for mayor and trustees pass Nucla Eliminate term limits for all elected officials pass Nunn Eliminate term limits fail Oak Creek Eliminate term limits fail Eliminate term limits for mayor and trustees pass Ordway Eliminate term limits pass Otis Eliminate term limits fail Paoli Eliminate term limits pass Paonia Eliminate term limits fail Parachute Eliminate term limits fail fail Allow three consecutive 4 years terms pass Parker Charter amendment eliminating term limits fail Peetz Eliminate term limits fail fail Municipal Elections Term Limit Issues, 1995–Fall 2013 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Platteville Eliminate term limits fail Eliminate term limits fail Poncha Springs Eliminate term limits pass Pueblo Eliminate term limits for city council fail Eliminate term limits for civil service commission pass Eliminate term limits for Board of Water Works pass Ridgway Eliminate term limits established by state statute pass Rifle Reinstatement of term limits pass Rockvale Eliminate term limits for mayor and trustees pass Rocky Ford Eliminate term limits for mayor, city council, clerk, and treasurer fail Saguache Eliminate term limits for the mayor and trustees fail Sanford Eliminate term limits for mayor fail Eliminate term limits for trustees pass Sedgwick Eliminate term limits. pass Severance Eliminate term limits pass Sheridan Repeal home rule charter section on term limits fail Silt Eliminate term limits for elected officials pass Eliminate term limits pass Silver Plume Eliminate term limits for trustees and mayor pass Silverton Eliminate term limits fail Springfield Eliminate term limits for trustees and mayor fail Sterling Eliminate term limits for elected officials fail Stratton Eliminate term limits pass Sugar City Eliminate term limits pass Swink Eliminate term limits pass Telluride Charter amendment to increase terms from 3 to 4 years for the mayor and councilmembers pass Thornton Term limits increased from 2 consecutive terms to 3 for mayor and concilmembers fail Extend term limits to three maximum terms for mayor and council members fail Timnath Eliminate term limits pass Two Buttes Eliminate term limits pass Vilas Eliminate term limits pass Vona Eliminate term limits for local elected officials pass Walsenburg Eliminate term limits for mayor, councilmembers, clerk, and treasurer fail Eliminate term limits for mayor fail Eliminate term limits for members of city council fail Municipal Elections Term Limit Issues, 1995–Fall 2013 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Eliminate term limits for city clerk fail Eliminate term limits for city treasurer fail Eliminate term limits for city clerk fail Eliminate term limits for coty treasurer fail Wellington Eliminate of term limits for mayor and board of trustees pass Westcliffe Eliminate term limits pass Westminster Clarification of term limits pass Wheat Ridge Charter amendment for four-year term of office for city clerk and no limit on number of terms fail Charter amendment for four-year term of office for city treasurer and no limit on number of terms fail Charter amendment for four-year term of office for mayor and adjusting term limits thereon pass Charter amendment for four-year staggered terms of office for city council member and adjusting term limits thereon pass Eliminate term limits for city clerk fail Eliminate term limits for city treasurer fail Four-year term for city clerk pass Four-year term for city treasurer pass Wiggins Eliminate term limits for mayor and trustees pass Wray Require term limits for city council pass Winter Park Eliminate term limits pass Yampa Eliminate term limits for all elected officials pass Yuma Eliminate term limits for mayor and council fail Eliminate term limits pass TOTALS* Pass 3 14 6 20 7 16 1 21 7 7 1 1 1 2 3 0 0 1 1 0 0 Fail 3 11 9 9 8 7 4 9 5 8 1 1 2 0 0 1 2 0 4 0 0 Totals 6 25 15 29 15 23 5 30 12 15 2 2 3 2 3 1 2 1 5 0 0 CUMULATIVE TOTALS: PASS 112 FAIL 84 TOTAL 196 (57.1% approval rate) NOTE: Some of these measures are to modify term limits not to eliminate them. 1 1 Possible Charter Amendments Purpose: To discuss possible Charter Amendments for voter consideration at the April 7, 2015 Municipal Election 2 GENERAL DIRECTION SOUGHT What Charter Amendments, if any, would Council like staff to bring for formal consideration of possible placement on the April 7, 2015 ballot? ATTACHMENT 5 2 3 BACKGROUND/DISCUSSION • Article IV Section 8 outlines procedure for Charter Amendments • Voter approved 4 CHARTER AMENDMENT: TERM LIMITS • Amendment 17 placed statewide term limits on elected officials • Two consecutive four-year terms for Councilmembers • Three consecutive two-years terms for Mayor 3 5 CHARTER AMENDMENTS: INITIATIVE/REFERENDUM 1. Appointment of alternate Hearing Officer 2. Submission clause to be “Yes/For” or “No/Against” 3. Time to examine a petition 4. First signature counted 5. Petition sufficiency or insufficiency 6. Cure period 7. Deadline to submit citizen initiatives 6 CHARTER AMENDMENTS: INITIATIVE/REFERENDUM Should Council wish to place a number of these questions on the ballot, staff recommends packaging the amendments in one ballot question. 4 7 CHARTER AMENDMENTS: CANDIDATES & RECALL • Number of signatures • Not required to vote on question of recall to vote for a successor candidate 8 GENERAL DIRECTION SOUGHT What Charter Amendments, if any, would Council like staff to bring for formal consideration of possible placement on the April 7, 2015 ballot? 31-4-108(2)(b); 31-4-205; 31-4-207) and towns (C.R.S. § 31-4-303) provide generally that an appointee to fill vacancy on the governing body will serve only until his or her successor is elected at the next election and sworn in. Should the appointee wish to continue in office, he or she may circulate a nominating petition, as would any other qualified citizen who wishes to be a candidate. Q: If an elected official has served the maximum number of consecutive terms in an elected body as a representative of one district, may that elected official move to a different district and immediately run for election to the same body to represent the new district? No. An elected official from a particular district who has served the maximum number of consecutive terms in an elected body is precluded from immediately running for election to that body from another district. Q: If an elected official has served the maximum number of consecutive terms for an “at-large” seat in an elected body, may that official immediately run for election to a specific district seat in that body? Conversely, if a member has served the maximum number of consecutive terms as a representative from a particular district, may that member immediately run for an at-large seat to the same body? No. An “at-large” member of an elected body who has served the maximum number of consecutive terms may not thereafter run for election for a specific district seat in the same body. Similarly, a member of an elected body who occupies a district seat and has served the maximum number of consecutive terms is precluded from running immediately thereafter for election to that body as a member “at-large.” Q: If an elected official has served the maximum number of consecutive terms for board/council seat in an elected body, may that official immediately run for election to a mayoral seat in that body? Yes. Unlike above, the candidate is running for a separate office entirely. Thus, the office of mayor and councilmember do not cumulatively stack as consecutive terms. By Rachel Allen, CML staff attorney The FAQ column features frequently asked questions submitted to the Colorado Municipal League. The questions and answers are not intended to be a substitute for legal advice from your own municipal attorney. Your municipal attorney may be aware of particular facts, charter provisions, or ordinances or may simply have an alternative interpretation of the relevant statutes. As always, if you have any questions or concerns regarding the interpretations of the relevant statutes or their application to your own situation, please consult your municipal attorney. If you have additional questions or would like sample ballot questions to opt out of term limits, please contact CML Staff Attorney Rachel Allen at rallen@ cml.org. The Voice of Colorado’s Cities and Towns FAQ: Term Limits SepTember 2011 ATTACHMENT 3 direction given by the rules and regulations promulgated by the Secretary of State. ATTACHMENT 1