HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/03/2017 - ITEMS RELATING TO THE SUBMISSION OF CHARTER AMENDMAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Items Relating to the Submission of Charter Amendments to a Vote of the Registered Electors of the City at
the April 4, 2017, Regular Municipal Election.
EXECUTIVE SUMMARY
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 001, 2017, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Section 7 of Article VIII of the City Charter Pertaining to the Date of
Certification of Election Results (the “Canvass”), Proposed Amendments to Section 1 (d) and Section 4 of
Article II of the City Charter Pertaining Respectively to the Timing of the Council Organizational Meeting
Following an Election, and when Councilmember Terms of Office Begin.
C. First Reading of Ordinance No. 002, 2017, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Section 11 of Article II of the City Charter Pertaining to the Process
for Cancelling a Council Meeting.
D. First Reading of Ordinance No. 003, 2017, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Section 9 of Article IV of the City Charter Pertaining to Conflicts of
Interest and Certain Prohibited Sales to the City.
E. First Reading of Ordinance No. 004, 2017, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Section 1 of Article VII of the City Charter Pertaining to
Appointment of Municipal Judges.
The purpose of these items is to submit various Charter amendments to the voters in April that will: (1) change
the deadline for final certification of an election so that the City may implement signature verification, and
corresponding changes to the date of the Council organizational meeting and the beginning of Councilmember
terms of office; (2) outline a process for the cancellation of a Council meeting in the event of unforeseen
circumstances (i.e., weather, natural disasters, emergencies); (3) clarifying when City officials and employees,
and their relatives, have a conflict of interest in a sale of property or services to the City concerning which sale
the officer or employee has decision-making or supervisory authority; and (4) to allow the Council to appoint
additional Municipal Judges and to designate a Chief Municipal Judge.
Any protest of the proposed ballot language must be received no later than Tuesday, January 3, at noon. The
protest(s) shall be heard, considered, and resolved by Council prior to adoption of Ordinances No. 001, 002,
003 and 004, 2017. If protest(s) are received, copies will be included in Council’s “Read-before” packet.
Agenda Item 10
Item # 10 Page 2
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Through Resolution 2015-092, City Council appointed three Councilmembers (Ross Cunniff, Bob Overbeck,
and Kristin Stephens) to an ad hoc committee to review, discuss, and recommend the most beneficial changes
to the City Charter and Chapter 7 of the City Code regarding elections. As a result of the committee’s work,
Ordinance No. 021, 2016, was adopted by Council in February 2016 that amended Chapter 7 related to
election workers, recounts, protests, filing of reports, campaign contributions, notice of election, order of items
on the ballot, qualification of ballots, rejected ballots, and election results. Most recently, the committee met
three additional times (July 18, September 14 and November 10) to review additional amendments, including
the three proposed Charter amendments presented here.
A work session was held on December 13 to review the Committee’s recommendations, and Council was
supportive of the Committee’s recommendations.
An additional proposed amendment relating to the appointment of Municipal Judges has been added.
The proposed amendments and the reasons for them are as follows:
B. Charter Amendments Pertaining to the Date of Certification of Election Results, the Council
Organizational Meeting, and When a Councilmember’s Term of Office Begins.
This proposed amendment contains three related items. The first is a change to the date of certification of
elections results (also known as the canvass), which is being proposed to allow the City Clerk to begin the
practice of signature verification in 2019. Until adoption of HB 16-1070 in 2016, municipalities were not
authorized to conduct signature verification and the Secretary of State was not required to make digital
signatures available to municipalities for such use. Pursuant to the HB 16-1070, signature verification by
municipalities is to begin with elections conducted after March 30, 2018. A component of signature verification
is to provide voters notification of signature discrepancies (missing signature or unmatchable signature) and
provide them an opportunity to correct the discrepancy up to eight days after Election Day. In order to allow
that additional time, the date of certification of election results must be moved from three days following
Election Day to after the eight-day deadline. The recommendation is change the deadline for certification to 10
days following Election Day.
If the date of certification is moved, then the date of the organizational meeting must also be adjusted to
account for the delay in certification. A minor amendment to the provision addressing when a
Councilmember’s term of office is also advisable.
C. Charter Amendment Pertaining to the Process for Cancelling a Council Meeting.
During the course of conversations with the Council Election Code Committee about the impact of changing
the date of certification of election results, it occurred to staff that a recent cancellation of a Council meeting
due to inclement weather required the City Attorney and Chief Deputy City Clerk to drive to City Hall in order to
determine that there was no one present to convene the meeting, and therefore, the Chief Deputy City Clerk,
on behalf of the City Clerk, postponed the meeting. This process seemed to be incongruent with the reason for
cancelling the meeting in the first place - to keep people off the streets in bad weather. The proposed
amendment would allow City Manager, in consultation with the Mayor, to cancel the meeting and remotely take
action to notify the public and the other Councilmembers via the news media, the City’s website, etc.
D. Charter Amendment Pertaining to Conflicts of Interest and Prohibited Sales to the City.
On July 26, 2016, the City Council adopted Resolution 2016-058, accepting the recommendations of the Ethics
Review Board as laid out in Ethics Opinion 2016-01 (Attachment 2). The Ethics Review Board recommended
Agenda Item 10
Item # 10 Page 3
that Council propose a clarifying change to the Charter to avoid future uncertainty and debate related to the
language of Article IV, Section 9(b)(1)c. This provision prohibits a sale of property or services to the City
where an officer or employee exercises decision-making or supervisory authority over the property sold or
services provided. The clarifying language makes clear that this prohibition is intended to apply to the exercise
of decision-making or supervisory authority on behalf of the City (as opposed to such authority outside of and
unrelated to the officer’s or employee’s role with the City).
E. Charter Amendment Pertaining to the Appointment of Municipal Judges.
The demands on the Fort Collins Municipal Court and Municipal Judge have increased over the years, due to
changes in the case load as well as the addition of Liquor Licensing Authority duties. This proposed Charter
change is intended to give City Council more flexibility in hiring additional Municipal Judge(s) when appropriate
and necessary. Charter provisions allowing Councils to appoint more than one Municipal Judge are common in
Northern Colorado. The proposed language calls for the appointment of a Chief Judge, with duties to be
established in the Code, and details relating to assignment of duties between Municipal Judges could be
addressed in employment agreements, or by the Chief Judge, at Council’s discretion.
In addition, the amendment includes an edit to make clear that a temporary judge may be appointed as the
Council determines necessary.
ATTACHMENTS
1. Work Session Summary, December 13, 2016 (PDF)
2. Ethics Review Board Opinion No. 2016-01 (PDF)
3. Powerpoint presentation (PPTX)
ATTACHMENT 1
ATTACHMENT 2
1
Charter and Code Amendments
Wanda Winkelmann, City Clerk; Rita Knoll, Chief Deputy City Clerk,
Carrie Daggett, City Attorney
January 3,2017
Background
• Resolution 2015-092 created an ad hoc committee
• Councilmembers Cunniff, Overbeck, and Stephens
• Ordinance No. 021, 2016 was adopted that amended Chapter 7 related to
elections
• The Committee met three additional times (July 18, September 14, and
November 10) and recommend changes to the Charter and Code
• December 13 Work Session was held and Council was agreeable to the
Committee’s recommendations
2
Proposed Charter Amendment
3
Issue Recommended Action
Amend the Canvass Date
Amend language regarding
the Organizational Meeting
1. Charter Amendment that moves the
canvass date to 10 days after the election.
2. Organizational meeting would be held after
the final certification and expiration of the
recount period
Proposed Charter Amendment
4
Issue Recommended Action
Cancellation of a Council
Meeting
1. Charter Amendment that would permit the
City Manager, in consultation with the
Mayor, to cancel a Council meeting in the
event of an emergency, natural disaster,
etc.
Proposed Charter Amendment
5
Proposed Code Amendment
6
Issue Recommended Action
Update Charter provision
regarding appointment of
additional Municipal
Judges
Amend the Charter to clarify that Council
may appoint multiple Municipal Judges and
a Chief Judge
Summary
1. Amending the Canvass Date, Organizational Meeting
2. Cancellation of a Council Meeting
3. Conflict of Interest – Sales to the City
4. Appointment of Municipal Judges
7
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ORDINANCE NO. 001, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDEMENT TO SECTION 7 OF ARTICLE VIII OF THE CITY
CHARTER PERTAINING TO THE DATE OF CERTIFICATION OF ELECTION RESULTS
(THE “CANVASS”), AND PROPOSED AMENDMENTS TO SECTION 1 AND SECTION 4
OF ARTICLE II OF THE CITY CHARTER, PERTAINING RESPECTIVELY TO THE
TIMING OF THE COUNCIL ORGANIZATIONAL MEETING FOLLOWING AN
ELECTION, AND WHEN COUNCILMEMBER TERMS OF OFFICE BEGIN
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, as election laws, practices and procedures evolve, there are increasing and
improved options for verification of mail ballot signatures, notification and correction of
signature defects, and measures to improve the ability of overseas and uniformed voters to
submit ballots in time to be counted in an election; and
WHEREAS, the Council desires to enable the potential development of improved
practices given the increasing options described above by allowing additional time for the
certification of final elections results; and
WHEREAS, the Charter currently provides that a municipal election must be certified on
the third day after the election, and a period of up to ten (10) days would allow for future
adoption of election process improvements along the lines of those described above, as well as
others; and
WHEREAS, the timing of both the organizational meeting of the City Council after an
election and the election by Council of the mayor pro tem for the Council term is currently set by
reference to the election rather than by reference to the certification of the election; and
WHEREAS, the certification of the election marks the completion of the election process
and is the appropriate triggering date for organizational activities of the new Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Sections 1 and 4 of Article II and
Section 7 of Article VIII of the Charter shall be submitted to the registered electors of the City as
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“Proposed Charter Amendment No. 1” at the regular municipal election to be held on Tuesday,
April 4, 2017:
ARTICLE II.
CITY COUNCIL
Section 1. Membership; terms.
(a) Composition of Council. The Council shall consist of seven (7) members,
including a Mayor and Mayor Pro Tem, elected as provided in this Article.
(b) Method of election. The Mayor shall be nominated and elected from the city at
large. The remaining six (6) members shall be nominated and elected by Districts. The
election of District Councilmembers shall alternate between the election of
representatives for Council Districts 1, 3 and 5 and the election of representatives for
Council Districts 2, 4 and 6.
(c) Council district boundaries. The city shall be divided into six (6) contiguous,
reasonably compact districts, each of which shall consist of contiguous, undivided
general election precincts and, to the extent reasonably possible, an equal number of
inhabitants. The districts shall be numbered consecutively in a clockwise fashion
beginning with the northeast district, which shall be District 1. The Council shall
establish by ordinance the process for adjusting district boundaries and giving notice of
any proposed boundary changes, and the manner of protesting such proposed changes.
(d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d)
of Article IX, the term of office of the Mayor shall be two (2) years, and the term of
office of all other members of the Council shall be four (4) years each; provided,
however, that all such officers shall serve until their successors have been elected and
have taken office. The terms of the Mayor and other members of the Council shall begin
when they take the oath of office, which shall occur as the first order of business at the
first regular or special Council meeting following their election the final certification of
election results and after expiration of the recount period, or their appointment.
…
Section 4. Organization
The Mayor shall preside at meetings of the Council and shall be recognized as head of the
city government for all ceremonial purposes and by the Governor of the state for
purposes of military law. The Mayor shall execute and authenticate legal instruments
requiring the signature of the Mayor. The Mayor shall also perform such other duties as
may be provided by ordinance which are not inconsistent with the provisions of this
Charter.
At the first regular or special meeting after every biennial final certification of a City
election, the Council shall elect a Mayor Pro Tem for a two (2) year term from among
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the members of the Council to act as Mayor during the absence or disability of the
Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become
Mayor as provided in Section 18(b) below.
…
ARTICLE VIII.
ELECTIONS
Section 7. Certification of election results.
No later than the tenth On the third day after every city election and, after verifying the
total number of legal votes cast for each candidate and measure voted upon, the Board of
Elections shall complete a certificate declaring the results of the election. The candidate
receiving the highest number of votes for a particular office shall be declared elected to
that office. In event of a tie, the selection shall be made by the Board of Elections by lot
after notice to the candidates affected. In case the candidate elected fails to qualify
within sixty (60) days after the date of issuance of the certificate of election, the
candidate with the next highest vote shall be elected, and the candidate failing to qualify
shall forfeit his or her office whether or not such candidate has taken the oath of office.
If there is no other elected successor who qualifies, the office shall be deemed vacant,
and shall be filled by appointment by the remaining members of the council, as provided
in Article II, Section 18. In the event of a mandatory recount or recount by request, the
Board of Elections shall complete an amended certificate declaring the results of the
election no later than the fifth day after the completion of the recount.
Section 3. That the following ballot title and submission clause are hereby adopted
for submitting Proposed Charter Amendment No. 1 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 1
Shall Section 7 of Article VIII of the Charter of the City of Fort Collins,
pertaining to certification of City elections, be amended to change the time for
certification of an election from the third day to no later than the tenth day after
the election, and shall Section 1(d) and Section 4 of Article II of the Charter,
pertaining to City Council, be amended to require that the organizational meeting
and election of the mayor pro tem, respectively, take place at the next meeting
after certification of the election, rather than the next meeting after the election?
______Yes/For
______No/Against
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 002, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDMENT TO SECTION 11 OF ARTICLE II OF THE CITY
CHARTER PERTAINING TO THE PROCESS FOR CANCELLING A COUNCIL MEETING
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, on occasion a natural disaster, emergency or other unforeseen circumstance
causes necessitates that a regular Council be cancelled; and
WHEREAS, the Charter currently requires that the City Clerk determine whether any
Councilmembers are present for the scheduled meeting prior to cancellation for unforeseen
events that have made the meeting undesirable or impracticable, as described above; and
WHEREAS, Council desires to update the process for such cancellations to allow the
City Manager, by agreement with the Mayor, to determine that circumstances require that a
scheduled Council meeting be cancelled and then to cancel it, and requiring the City Manager to
make reasonable efforts to notify all Councilmembers and the public of the cancellation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Section 11 of Article II of the City
Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. 2” at the regular municipal election to be held on Tuesday, April 4, 2017:
ARTICLE II.
CITY COUNCIL
Section 11. Meetings, quorum, executive session.
The Council shall hold regular meetings at such time and place as it may prescribe by
ordinance and shall prescribe the manner in which special meetings may be called. Notice
of any special meeting shall be given to all Councilmembers no less than one (1) day
prior to such meeting. All meetings shall be open to the public. A majority of the
members of Council shall constitute a quorum sufficient to transact business. A smaller
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number can adjourn a meeting to a later date and time, and in the absence of all members,
the City Clerk may adjourn any meeting for not longer than one (1) week. In the event of
an emergency, natural disaster, or unforeseen circumstance that renders the holding of a
meeting undesirable or impracticable, the City Manager may, with agreement of the
Mayor, cancel a City Council meeting and shall make a reasonable attempt to notify the
public and the other members of Council of such cancellation before the scheduled time
of the meeting. No other action, except to adjourn, may be taken by the Council in the
absence of a quorum, unless the absence of a quorum is due to the filing of conflict of
interest disclosure statements by all absent members, in which event at least three (3)
remaining members may transact business. By majority vote of those present and voting,
the Council may approve any action of the Council except the passage of emergency
ordinances and the approval of executive sessions. By two-thirds (2/3) vote of those
present and voting, the Council may go into executive session, which shall be closed to
the public. Executive sessions may only be held to:
(1) discuss personnel matters; or
(2) consult with attorneys representing the city regarding specific legal
questions involving litigation or potential litigation and/or the manner in which
particular policies, practices or regulations of the city may be affected by existing
or proposed provisions of federal, state or local law; or
(3) consider water and real property acquisitions and sales by the city; or
(4) consider electric utility matters if such matters pertain to issues of
competition in the electric utility industry.
Section 3. That the following ballot title and submission clause are hereby adopted
for submitting Proposed Charter Amendment No. 2 to the voters at said election:
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CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 2
Shall Section 11 of Article II of the Charter of the City of Fort Collins, pertaining
to City Council meetings, be amended to allow the City Manager, with agreement
of the Mayor, to cancel a City Council meeting in the event of an emergency,
natural disaster, or unforeseen circumstance that renders the holding of a meeting
undesirable or impracticable?
______Yes/For
______No/Against
Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 003, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF
FORT COLLINS A PROPOSED AMENDMENT TO SECTION 9 OF ARTICLE IV
OF THE CITY CHARTER PERTAINING TO CONFLICTS OF INTEREST
AND CERTAIN PROHIBITED SALES TO THE CITY
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, during 2016 the Ethics Review Board met several times to review and
discuss questions related to conflicts of interest for City officers and employees, culminating in
Ethics Opinion 2016-01, which as accepted by the City Council on July 26, with the adoption of
Resolution 2016-058; and
WHEREAS, Ethics Opinion 2016-01 included a recommendation that the provision of
the Charter prohibiting City officers and employees from having a financial interest in a sale to
the City be clarified to eliminate confusion as to scope of certain elements of the prohibition; and
WHEREAS, in particular, the Ethics Review Board and the Council indicated that
limitations arising from an officer’s or employee’s role in directing or supervising the work are
triggered by the officer’s or employee’s role and authority as an officer or employee of the City;
and
WHEREAS, accordingly, Council desires to submit to the voters the Charter amendment
below making these clarifying changes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Section 9(b)(1) of Article IV of
the City Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. 3” at the regular municipal election to be held on Tuesday, April 4, 2017:
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ARTICLE IV.
GENERAL PROVISIONS
Section 9. Conflicts of interest.
…
(b) Rules of conduct concerning conflicts of interest.
(1) Sales to the city. No officer or employee, or relative of such officer or
employee, shall have a financial interest in the sale to the city of any real or
personal property, equipment, material, supplies or services, except personal
services provided to the city as an officer or employee, if:
a. such officer or employee is a member of the Council;
b. such officer or employee exercises, directly or indirectly, any decision-
making authority on behalf of the city concerning such sale; or
c. in the case of services, such officer or employee exercises any
supervisory authority in his or her role as a city officer or employee over
the services to be rendered to the city.
…
Section 3. That the following ballot title and submission clause are hereby adopted
for submitting Proposed Charter Amendment No. 3 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 3
Shall Section 9(b)(1) of Article IV of the Charter of the City of Fort Collins,
pertaining to conflicts of interest and prohibited sales to the City, be amended to
clarify that officers or employees, and their relatives, are prohibited from having a
financial interest in a sale to the city if such officer or employee exercises
decision-making authority on behalf of the city, or exercises supervisory
authority, in his or her role as a city officer or employee, over the services
provided?
______Yes/For
______No/Against
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 004, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDMENT TO SECTION 1 OF ARTICLE VII OF THE CITY
CHARTER PERTAINING TO APPOINTMENT OF MUNICIPAL JUDGES
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, Article VII, Section 1 of the Charter of the City of Fort Collins provides for
the appointment of a Municipal Judge; and
WHEREAS, the demands on the Fort Collins Municipal Court and Municipal Judge have
increased over the years, due to changes in the case load as well as the addition of Liquor
Licensing Authority duties; and
WHEREAS, additional flexibility to hire additional Municipal Judge(s) when appropriate
and necessary and to appoint a Chief Judge with specified duties would allow the Municipal
Court to better evolve along with the Court’s evolving case load and schedule; and
WHEREAS, Charter provisions allowing city councils to appoint more than one
municipal judge are common in Northern Colorado; and
WHEREAS, the proposed language calls for the appointment of a Chief Judge, with
duties to be established in the Code, and details relating to assignment of duties between
Municipal Judges could be addressed in employment agreements, or by the Chief Judge, at
Council’s discretion; and
WHEREAS, the proposed language also updates the authorization for appointment of
temporary judge to allow such appointments as Council determines necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Section 1 of Article VII of the
City Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. 4” at the regular municipal election to be held on Tuesday, April 4, 2017:
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ARTICLE VII.
MUNICIPAL COURT
Section 1. Municipal court.
There shall be a Municipal Court vested with original jurisdiction of all causes arising
under the City's Charter and ordinances. The Council shall appoint a Municipal Judge the
judge or judges of Municipal Court for a two (2) year terms. and Council shall designate
a Chief Judge to carry out related duties as adopted by the Council by ordinance, and
shall fix the compensation of the Municipal Judges. Such compensation shall in no
manner be contingent upon the amount of fees, fines or costs imposed or collected. The
Municipal Judges shall be licensed to practice law in the State of Colorado during theirhis
or her tenure in office, but need not be so licensed prior to appointment. As Council
determines necessary, In the absence of the Municipal Judge, the Council mayshall
designate one (1) or more a reputable and qualified attorneys to serve as a temporary
judge. The Council may remove athe Municipal Judge for cause.
Rules of procedure, costs and fees shall be enacted by the Council upon recommendation
of the Chief Municipal Judge.
Section 3. That the following ballot title and submission clause are hereby adopted
for submitting Proposed Charter Amendment No. 4 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 4
Shall Section 1 of Article VII of the Charter of the City of Fort Collins, pertaining
to Municipal Court, be amended to allow the City Council to appoint multiple
judges of Municipal Court, to designate a Chief Judge, and to specify the duties
for the Chief Judge by ordinance, and further to appoint temporary judges as
Council determines necessary?
______Yes/For
______No/Against
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk