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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/06/2015 - ITEMS RELATED TO TERM LIMITS, PETITIONS, AND RECALAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Wanda Nelson, City Clerk Rita Knoll, Chief Deputy City Clerk SUBJECT Items Related to Term Limits, Petitions, and Recall Charter Amendments. EXECUTIVE SUMMARY The purpose of this item is to consider Charter Amendments related to term limits, petitions and recall for placement on the April 7, 2015 ballot. A. First Reading of Ordinance No. 003, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section 1(d) of the City Charter Pertaining to the Terms of Office of the Mayor and City Councilmembers. B. First Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to Initiative and Referendum. C. First Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII, Section 4(b) of the City Charter Pertaining to the Sufficiency of a Nominating Petition. D. First Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter Pertaining to Recall Elections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION At the August 12, 2014 Work Session, staff presented proposed Charter Amendments for Council’s consideration. The Charter Amendments concern initiative/referendum, candidate nomination, and recall. Council also indicated they would like to consider a Charter Amendment about term limits. 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. Agenda Item 9 Item # 9 Page 2 Ordinance No. 003, 2015, Concerning Term Limits 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 a local government 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 necessarily 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. Staff has prepared three options for Council's consideration: Option # Terms Permitted for Mayor Serving 2 Year Terms Total Years Served Mayor # Terms Permitted for Councilmembers Serving 4 Year Terms Total Years Served Councilmember A* 3 6 2 8 B 4 8 3 12 C No limit No limit No limit No limit *This is the structure that is currently followed. Ordinance No. 004, 2015 Concerning Initiative and Referendum Combined as one ballot question related to initiatives, this Ordinance would amend the Charter to: a. Change the deadline to submit citizen initiative petitions from 60 days prior to the election to 90 days prior to the election to allow enough time to meet TABOR deadlines and other deadlines called out in Article X of the Charter. b. 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. c. Add language to the Charter to clarify that additional signatures submitted to cure an insufficiency can be collected any time after the Clerk’s approval of the form of petition. d. Make it clear that a person can protest the determination of sufficiency OR insufficiency of a petition. e. Allow the City Manager to appoint an alternate hearing officer (someone other than the City Clerk) for protest hearings. f. Clarify the sentence on the submission clause so as to require the response to all ballots question be Yes/For or No/Against. Although originally presented at the August Work Session to expand the amount of time the Clerk has to examine a petition, staff determined this additional time would negatively impact other election-related deadlines and is no longer being recommended. Ordinance No. 005, 2015, Concerning Nomination Petitions This Ordinance would amend Article VIII, Section 4(b) to remove language that requires a nomination petition circulator to certify the number of signatures collected, and disregard signatures in excess of the number certified. Staff is recommending this amendment because the number of signatures collected on the petition is self-evident. Additionally, candidates have found this requirement confusing on the Nomination Petition and the Agenda Item 9 Item # 9 Page 3 number of signatures collected was the focus of an election complaint filed in 2013. Finally, after researching past Charter Amendments, staff cannot determine why this provision was put into the Charter. Ordinance No. 006, 2015, Concerning Recall In a recent Colorado Supreme Court decision, the court ruled that provisions similar to those contained in Article IX, Section 3(c) of the City’s Municipal Charter conflict with the First and Fourteenth Amendments to the United States Constitution. This ballot question would conform to the 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. PUBLIC OUTREACH Via email, staff reached out to the Chamber of Commerce, the Coloradoan, and the Fort Collins Board of Realtors to inform them this item would be considered by Council and inquire if they had any questions. Mr. Clint Skutchan with the Board of Realtors responded with the results of a community poll that was commissioned in 2012 (Attachment 3). ATTACHMENTS 1. CML Matrix Muncipal Elections-Term Limit Issues (PDF) 2. CML Publication FAQs Term Limits (PDF) 3. Board of Realtors Community Poll 2012 Term Limits (PDF) 4. PowerPoint Presentation (PPTX) Municipal Elections Term Limit Issues, 1995–Fall 2014 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 Aspen Extension on term limits to 14 consecutive years 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 Charter limits elected officials to 2 terms with mayor and councilor considered separate offices pass 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 ATTACHMENT 1 Municipal Elections Term Limit Issues, 1995–Fall 2014 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 Creede Eliminate term limits for trustees and mayor pass Crestone Eliminate term limits pass Crook Eliminate term limits for mayor and trustees pass 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 Partial terms will not count as a term in office so long as no one served more than 10 consecutive years pass 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 Municipal Elections Term Limit Issues, 1995–Fall 2014 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 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 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 Eliminate term limits for mayor and city council pass 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 Municipal Elections Term Limit Issues, 1995–Fall 2014 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 Kim Eliminate term limits pass Kiowa Eliminate term limits pass Kit Carson Eliminate term limits for all elected officials fail Kremmling Eliminate term limits for all elected officials pass La Junta Eliminate term limits fail Eliminate term limits fail 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 Eliminate term limits for city clerk 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 Municipal Elections Term Limit Issues, 1995–Fall 2014 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 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 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 Starkville Eliminate term limits pass 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 Municipal Elections Term Limit Issues, 1995–Fall 2014 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 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 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 Williamsburg Eliminate term limits for all elected officials fail 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 3146207161217711123001150 Fail 3 11 9 9 8 7 4 9 5 8 1 1 2 0 0 1 2 0 4 2 0 Totals 62515291523530121522323121570 CUMULATIVE TOTALS: Municipal Elections Term Limit Issues, 1995–Fall 2014 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 PASS 117 FAIL 86 TOTAL 203 (57.6% approval rate) NOTE: Some of these measures are to modify term limits not to eliminate them. 4:KHUHFDQ,¿QGWKHODZRQORFDO WHUPOLPLWV" 7HUPOLPLWDWLRQVIRUHOHFWHGRI¿FLDOVZHUH adopted pursuant to Amendment 17 of 1994, an initiated constitutional amendment approved at the Nov. 8, 1994, general election. The provisions of $PHQGPHQWUHODWHGWRORFDORI¿FLDOV ZHUHFRGL¿HGDW6HFWLRQRI$UWLFOH XVIII of the constitution. 4:KDWDUHWKHORFDOWHUPOLPLWV" $QRI¿FLDOLVOLPLWHGWRWZRFRQVHFXWLYH WHUPVLQRI¿FHWKDWLVPRUHWKDQWZR years in length, typically a four-year WHUP,QWKHFDVHRIWZR\HDUWHUPV RI¿FLDOVFDQQRWKROGPRUHWKDQWKUHH FRQVHFXWLYHWHUPVLQRI¿FH &ROR &RQVW$UW;9,,,†  4:KDWDUHFRQVHFXWLYHWHUPV" Terms are considered consecutive unless there is a four-year break EHWZHHQWHUPV+RZHYHUSDUWLDOWHUPV DQGDSSRLQWPHQWVGRQRWFRXQWWRZDUG WKHFXPXODWLYHWRWDOV &ROR&RQVW$UW ;9,,,†  4+RZGRWHUPOLPLWVLPSDFWKRPH UXOHFKDUWHUV" The constitutional amendment on term limits applies to every municipality in the VWDWHLQFOXGLQJWKRVHZLWKKRPHUXOH FKDUWHUV &ROR&RQVW$UW;9,,,†  4+RZGRZHJRDERXWFKDQJLQJ WHUPOLPLWV" &LWLHVDQGWRZQVPD\H[HUFLVHWKHORFDO RSWLRQSURYLVLRQZLWKLQWKHDPHQGPHQW Both statutory and home rule municipalities also can change the number of trustees or lengthen the WHUPVRIRI¿FHWKURXJKRUGLQDQFHRU charter amendment to mitigate the HIIHFWVRIWHUPOLPLWDWLRQ &ROR&RQVW $UW;9,,,†  Q: ,IDERDUGPHPEHUUXQVIRUPD\RU KDOIZD\WKURXJKKLVKHUWHUPDV WUXVWHHFDQKHVKHUHPDLQDWUXVWHH" <HV:KLOHQRFDQGLGDWHPD\KROGWZR elected municipal positions at one time, QRODZSUHFOXGHVDWUXVWHHIURP continuing to serve in that capacity until he/she is elected mayor. Before being VZRUQLQWRWKHRI¿FHRIPD\RUKHVKH ZRXOGQHHGWRUHVLJQIURPWKHRI¿FHRI WUXVWHH &56†† 40XVWDSHUVRQDSSRLQWHGWR¿OOD YDFDQF\RQWKHJRYHUQLQJERG\EH HOHFWHGDWWKHQH[WUHJXODUPXQLFLSDO HOHFWLRQLQRUGHUWRFRQWLQXHLQ RI¿FH" Yes. The statutes applicable to statutory FLWLHV &56†† Fort Collins Association of REALTORS® Term Limits Initiative April 2012 American Strategies Incorporated and Myers Research | Strategic Services, LLC designed and administered this telephone survey conducted by professional interviewers. The survey reached 400 adults, 18 years or older, who indicated they are almost certain or will probably vote in the November 2012 general election. The survey was conducted March 28-April 1, 2012. Telephone numbers were generated by a random selection of both voters with and without phone numbers from the voter file. The data were weighted by age to ensure an accurate reflection of the population. The sample size with these weights applied is 400. The overall margin of error is +/- 4.9 percent. The margin of error for subgroups is larger and varies. ATTACHMENT 3 Executive Summary Slide 2 Two-thirds of November 2012 voters would vote against a ballot measure to extend term limits for Fort Collins city council members from two to three four-year terms. Opposition to extending term limits is strongest among Republicans (77 percent), seniors (72 percent), and non-college men (75 percent). Support peaks at just over one-third of Democrats, non-college women and Baby Boomers. Voters are generally satisfied with the City Council. A majority of voters say that the Council does an excellent or good job (57 percent). Only 7 percent are critical of the Council’s performance. Voters who are familiar with the individual council members have a favorable opinion of them. Voters’ satisfaction with the Council does not translate to extending members’ term limits. Sixty- one (61) percent of voters who approve of the Council’s performance nevertheless oppose extending term limits. Majorities of voters who personally like the Council members oppose extending term limits. There is support for holding an election on extending term limits until voters find out that it will cost $50,000. Voters have no problem holding another election on terms limits. Support for an election, however, should not be interpreted as support for extending term limits. Instead, voters seem to be willing to restate their support for term limits - until they find out how much the election would cost. After hearing that information, 64 percent are less likely to favor holding an election. Voters stand by their decision to impose term limits on the City Council in the first place. Seven-in- ten say it was a good idea (72 percent). Political Context Slide 4 11% 10% 9% 8% 6% 5% 5% 5% 5% 4% 3% 2% 2% 0% 1% 1% 2% 4% 6% 8% 10% 12% Q.6 And what would you say is the biggest issue that you would like Fort Collins city leaders to address? No Single Issue Dominates Voters’ Concerns Voters issue concerns include economic development, education, transportation, and the city budget. Issue Concerns Slide 5 Excel. 4% Good 53% Just Fair 29% Poor 7% Fort Collins City Council Job Performance Most Voters Say That The City Council Does a Good Job Only one-in-ten feel strongly about the Council’s performance. Total Positive 57% Total Not Positive 36% Q.11 How would you rate the job being done by the Fort Collins City Council – excellent, good, just fair, or poor? Slide 6 Just Over Half Are Able to Identify The Mayor and Deputy Mayor Most voters cannot identify Council Members Ben Manvel and Aislinn Kottwitz 59% 54% 45% 33% 41% 46% 55% 67% 0% 10% 20% 30% 40% 50% 60% 70% 80% Kelly Ohlson Karen Weitkuant Ben Manvel Aislinn Kottwitz Identify Cannot ID Slide 6 +18 +8 Name ID for City Council Members -10 Q.7 Okay. Now I'm going to read you the names of several people, and I'd like you to rate your feelings toward each one as very favorable, somewhat favorable, somewhat unfavorable, or very unfavorable. If you have no opinion or never heard of that person, please say so. -34 Slide 7 Among Those Who Rate Their Council Members, Most Are Favorable Aislinn Kottwitz is less popular than the other Council Members because she is not as well known. 28% 26% 20% 10% 20% 19% 19% 18% 11% 9% 6% 5% 0% 5% 10% 15% 20% 25% 30% Kelly Ohlson Karen Weitkuant Ben Manvel Aislinn Kottwitz Favorable Nuetral Unfav Slide 7 +17 Favorability Ratings Q.7 Okay. Now I'm going to read you the names of several people, and I'd like you to rate your feelings toward each one as very favorable, somewhat favorable, somewhat unfavorable, or very unfavorable. If you have no opinion or never heard of that person, please say so. +17 +14 +4 Extending Term Limits Two-Thirds of Voters are Against Extending the Term Limit for City Council Members From Two to Three Four-Year Terms Slide 9 For 31% Against 67% Q.14 As you may know, Fort Collins City Council members are limited to serving two four year terms on the Council. An amendment to the city charter may appear on this November's ballot that would ask Fort Collins residents to change the term limit for City Council members from two to three four-year terms. Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? Vote on Extending Term Limits Opposition to Extending Term Limits is Strongest Among Republicans, Seniors, and Non-College Men Slide 10 Percent for AGAINST Extending Term Limits Q.14 …Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? 62% 64% 75% 70% 72% 61% 68% 63% 72% 77% 67% 59% 67% Non-College Women College Women Non-College Men College Men Age 65+ Age 50 to 64 Under Age 50 Women Men Republican Independent Democrat All Voters Support for Extending Term Limits Peaks at Just Over One-Third of Democrats, Non-College Women and Baby Boomers Slide 11 Percent for FOR Extending Term Limits Q.14 …Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? 37% 33% 21% 28% 27% 36% 30% 35% 26% 20% 31% 39% 31% Non-College Women College Women Non-College Men College Men Age 65+ Age 50 to 64 Under Age 50 Women Men Republican Independent Democrat All Voters 37% 20% 61% 78% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Excellent/Good Just Fair/Poor For Against Voters Who Approve Of The Council’s Performance Are Still Against Extending Term Limits Slide 12 Vote by City Council Job Performance -25 -58 Q.14 …Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? 42% 41% 29% 57% 58% 69% 0% 10% 20% 30% 40% 50% 60% 70% 80% Favorable Towards Manvel Favorable Towards Ohlson Favorable Towards Weitkunat For Against Slide 13 Vote Among Council Members’ Supporters -15 -17 -41 Q.14 …Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? Voters’ Oppose Extending Term Limits Regardless of Their Feelings Towards The Council Members Voters Favor Holding an Election on Extending Term Limits Only one-fourth strongly favor holding an election. Slide 14 Q.16 And regardless of how you would vote on amending the city charter to change the term limit for City Council members from two to three four year terms, do you favor or oppose holding an election this year to allow residents to vote on this issue? Hold a Vote on Extending Term Limits Total Favor 60% Total Oppose 27% Strongly Favor 26% Somewhat Favor 34% Strongly Oppose 14% Smwt Oppose 14% Don’t Know 12% 6% 11% 5% Two-Thirds Are Less Likely to Favor Holding an Election When They Find Out It Will Cost The City $50K Slide 15 Q.17 Experts have estimated that putting an amendment to the city charter on this November's ballot will cost the city approximately fifty thousand dollars. Does that make you more or less likely to FAVOR holding an election this year to allow residents to vote on the term limits issue? Vote Will Cost City $50K Total More Likely 18% Total Less Likely 64% Much More Likely Somewhat More Likely Don’t Know Somewhat Less Likely 25% Much Less Likely 39% Makes No Difference 13% Voters Stand By Their Decision to Impose Term Limits On the City Council in the First Place Almost three-fourths say it was a good idea to impose term limits in the first place. Slide 16 Good Decision 72% Bad Decision 16% Q.18 Looking back with the benefit of hindsight, do you believe the decision to Impose term limits on Fort Collins City Council members was a good decision or a bad decision in the first place? Decision to Impose Term Limits in the First Place Don’t Know 12% The Electorate Party Identification Fort Collins Leans Democratic in Both Party Registration And Party Identification Slide 18 34% 36% 30% 39% 33% 27% Democrat Independents Republican Party Registration Q.19 Generally speaking, do you think of yourself as a Republican, a Democrat or what? 30% 37% 30% Liberal Moderate Conservative Refused Slide 19 Ideology Q.22 Thinking in political terms, would you say that you are Liberal, Moderate, or Conservative? Equal Numbers Identify as Conservatives and Liberals A Majority of November Voters are Under Age 50 Only 16 percent are seniors. Slide 20 16% 23% 17% 25% 16% 3% Under Age 30 Age 30 to 39 Age 40 to 49 Age 50 to 64 Age 65+ No Answer Q.23 In what year were you born? Age Distribution More Than Two-Thirds Are College Graduates Almost one-third of general election voters have post-graduate degrees. Slide 21 29% 38% 32% Non-college Q.24 What is the last year of schooling you have completed? College Graduates Post-Graduates Education Level Fort Collins Association of REALTORS® Term Limits Initiative April 2012 American Strategies Incorporated and Myers Research | Strategic Services, LLC designed and administered this telephone survey conducted by professional interviewers. The survey reached 400 adults, 18 years or older, who indicated they are almost certain or will probably vote in the November 2012 general election. The survey was conducted March 28-April 1, 2012. Telephone numbers were generated by a random selection of both voters with and without phone numbers from the voter file. The data were weighted by age to ensure an accurate reflection of the population. The sample size with these weights applied is 400. The overall margin of error is +/- 4.9 percent. The margin of error for subgroups is larger and varies. 1 ELECTION-RELATED CHARTER AMENDMENTS Purpose: To discuss possible Charter Amendments for voter consideration at the April 7, 2015 Municipal Election 2 BACKGROUND At a Work Session in August, staff presented proposed Charter Amendments for Council’s consideration. After reviewing the suggested changes, Council indicated they would like Charter Amendments related to initiative/referendum, nominating petitions, and recall brought forward. Additionally, Council indicated they would like to discuss term limits. 3 CHARTER AMENDMENTS: TERM LIMITS Option # Terms Permitted for Mayor Serving 2 Year Terms Total Years Served Mayor # Terms Permitted for Councilmembers Serving 4 Year Terms Total Years Served Councilmember A* 3 6 2 8 B 4 8 3 12 C No limit No limit No limit No limit *Option A indicates current practice. 4 CHARTER AMENDMENTS: INITIATIVE/REFERENDUM 1. Deadline to submit citizen initiatives 2. First signature counted 3. Cure period 4. Petition sufficiency or insufficiency 5. Appointment of alternate Hearing Officer 6. Submission clause to be “Yes/For” or “No/Against” 5 CHARTER AMENDMENTS: NOMINATION PETITIONS • Number of signatures collected on a nomination petition is self-evident • Candidates have found this requirement confusing • Subject of 2013 election complaint • No clear history of why this was put into the Charter 6 CHARTER AMENDMENTS: RECALL • Not required to vote on question of recall to vote for a successor candidate - 1 - ORDINANCE NO. 003, 2015 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 ARTICLE II, SECTION 1(d) OF THE CITY CHARTER PERTAINING TO THE TERMS OF OFFICE OF THE MAYOR AND CITY COUNCILMEMBERS 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 II, Section 1(d) of the Charter states that the term of office of the Mayor shall be two (2) years and is silent on the question of the number of consecutive terms the Mayor may serve; and WHEREAS, Article II, Section 1(d) of the Charter states that the term of office of all other members of the Council shall be four (4) years each and is silent on the question of the number of consecutive terms that a City Council member may serve; and WHEREAS, Article XVIII, Section 11 of the Colorado Constitution states the maximum number of consecutive two-year terms is three consecutive terms for an elected city government official who is serving a term of office two years or shorter in duration; and WHEREAS, Article XVIII, Section 11 of the Colorado Constitution states the maximum number of consecutive terms is two consecutive terms for an elected city government official who is serving a term of office more than two years in duration; and WHEREAS, this constitutional provision also authorizes the voters of the City to lengthen, shorten or eliminate such terms limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article II, Section 1(d) of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: OPTION A—(consistent with State Constitution) Section 1. Membership; terms. … - 2 - (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 Mayor shall serve no more than three (3) consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and such members shall serve no more than two (2) consecutive terms; provided, however, that all such officers shall serve until their successors have been elected and have taken office. For the purposes of this provision, a “term” shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. 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 or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that the Mayor shall serve no more than three (3) consecutive terms and the members of the Council shall serve no more than two (2) consecutive terms and to state that the word “term” includes the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months? ______Yes ______No OPTION B—(similar to Larimer County regarding members) Section 1. Membership; terms. … (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 Mayor shall serve no more than four (4) consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and such members shall serve no more than three (3) consecutive terms; provided, however, that all such officers shall serve until their successors have been elected and have taken office. For the purposes of this provision, a “term” shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. The terms of the Mayor and other members of the Council shall begin when they take the oath - 3 - of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that the Mayor shall serve no more than four (4) consecutive terms and the members of the Council shall serve no more than three (3) consecutive terms and to state that the word “term” includes the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months? ______Yes ______No OPTION C—(no term limits) Section 1. Membership; terms. … (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 there shall be no limit on the number of consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and there shall be no limit on the number of consecutive terms; 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 or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that there shall be no limit on the number of consecutive terms the Mayor or members of the City Council may serve? - 4 - ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk - 1 - ORDINANCE NO. 004, 2015 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 ARTICLE X OF THE CITY CHARTER PERTAINING TO INITIATIVE AND REFERENDUM 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 X of the Charter establishes an initiative and referendum process and the City Council has determined that amendment to those provisions is necessary in order to clarify and update such provisions; and WHEREAS, Article X, Section 1 (d) of the Charter states that an initiative petition must be filed at least 60 days before a regular city election; and WHEREAS, the City Council desires to amend the Charter to state that an initiative petition must be filed at least 90 days before a regular city election; and WHEREAS, Article X, Section 5(b)(3) of the Charter states that in the event the signature of any person appears more than once on a petition, all such signatures shall be subject to invalidation; and WHEREAS, the City Council desires to amend the Charter to state that the first signature of an registered elector who signs a petition more than once shall be considered valid and all other signatures of that person shall be rejected; and WHEREAS, Article X, Section 5(f)(2) states that an insufficient petition may be amended if deemed insufficient; and WHEREAS, the City Council desires to amend this provision to clarify that circulators may gather signatures until the end of the “cure” period; and WHEREAS, Article X, Section 5(f)(3) states that registered electors may protest the sufficiency of a petition; and WHEREAS, the City Council desires to amend the Charter in order to clarify that registered electors may protest a determination by the City Clerk either that a petition is sufficient or insufficient; and - 2 - WHEREAS, Article X, Section 5(f)(3) states that all protest hearings regarding a determination of the City Clerk that a petition is sufficient must be held before the City Clerk; and WHEREAS, the City Council desires to amend the Charter to allow such hearings to take place before the City Clerk or designee appointed by the City Manager; and WHEREAS, Article X, Section 6(b) states that 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” in response to a ballot question; and WHEREAS, the City Council desires to amend the Charter to state that 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/For” and “No/Against” in response to a ballot question. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to Article X of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: Section 1. The initiative. … (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) ninety (90) 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. . . . Section 5. Petitions. . . . - 3 - (b) Form and content. . . . (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 the first signature verified shall be counted and all other signatures of that person shall be rejected. . . . (f) Sufficiency of petition. . . . (2) Insufficient petition; amendment. (i) In case If 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 by the submission of additional signatures collected after the City Clerk approved the form of the petition and within fifteen (15) days from the filing of the Clerk's certificate of insufficiency. Such signatures must be collected consistent with the requirements for collecting petition signatures as described in this Article. Within five (5) working days after such amendment, the City Clerk shall make 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 petition shall be null and void without prejudice to the filing of a new petition for the same purpose. (ii) A If a referendum petition is deemed insufficient, it may be withdrawn and amended by the submission of additional signatures collected consistent with the requirements of this Article, but to be considered, must be refiled amended within the twenty-day circulation 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 - 4 - 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 said referendum petition is null and void and a new petition may not thereafter be filed for referendum of the same ordinance. (3) Protests. Registered electors desiring to protest the sufficiency of a petition a determination by the City Clerk that a petition is either sufficient or insufficient 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 a hearing officer appointed by the City Manager 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 Said hearing officer shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded. The City Clerk shall make any final determination regarding the sufficiency or insufficiency of a petition and shall base such determination on the protest hearing results certified by the hearing officer. A petition for referendum which has been deemed insufficient after protest may not be amended or circulated further. . . . Section 6. Elections. … (b) Ballots… 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” “Yes/For” and “No/Against” in response to each measure. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: - 5 - CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall various sections of Article X of the Charter of the City of Fort Collins, pertaining to initiative and referendum, be amended to clarify certain procedural requirements as follows: increase from sixty to ninety days the amount of time an initiative petition must be filed with the City Clerk before a regular City election; provide that if a voter signs a petition more than once, the first signature shall be counted and all subsequent signatures rejected; to clarify that signatures may be added to a petition during the designated cure period; to clarify that a registered elector may protest the sufficiency or insufficiency of a petition; to provide for the City Manager to appoint a hearing officer other than the City Clerk to conduct the hearing in the event of a protest; and to change the wording of a submission clause to “Yes/For” and “No/Against” in response to each measure? ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk - 6 - Passed and adopted on final reading on this 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk - 1 - ORDINANCE NO. 005, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO ARTICLE VIII, SECTION 4(b) OF THE CITY CHARTER PERTAINING TO THE SUFFICIENCY OF A NOMINATING PETITION 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 VIII, Section 4(b) of the Charter states that 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; and WHEREAS, the City Council desires to amend the Charter to eliminate such provision from the Charter so that a circulator is not required to certify the number of signatures on the petition because the number of signatures on the petition is self-evident. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article VIII, Section 4(b) of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: Section 4. Petitions. … (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. Upon receipt of a nominating petition, tThe City Clerk shall forthwith examine all the petitions submitted, and within five (5) days after the filing of a the nominating petition, notify the candidate in writing and the circulators, with a statement certifying of 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 fewer 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 - 2 - 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. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article VIII, Section 4(b) of the Fort Collins City Charter be amended to eliminate provisions from the Charter providing that a circulator is required to certify the number of signatures on a petition nominating a candidate for City Council and that the last signatures in excess of the number certified shall be disregarded and to simplify the process for the City Clerk’s examination of a nominating petition? ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 3 - Passed and adopted on final reading on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 1 - ORDINANCE NO. 006, 2015 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 ARTICLE IX, SECTION 3(c) OF THE CITY CHARTER PERTAINING TO RECALL ELECTIONS 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 IX, Section 3(c) of the Charter states that certain language shall be effective in counting recall votes and shall appear on a recall ballot to the effect that no vote cast shall be counted for any candidate for such office unless the voter also voted for or against the recall of the person sought to be recalled from the office; and WHEREAS, in a recent Colorado Supreme Court decision, the court ruled that provisions similar to such Charter language conflict with the First and Fourteenth Amendments to the United States Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article IX, Section 3(c) of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: Section 3. Elections. … (c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the statement of grounds and, if requested by the affected officer, the officer's statement in defense followed by the words, "Shall (name of person against whom the recall petition is filed) be recalled from the office of (__________)?" Following such question shall appear the words, "Yes" indicating a vote in favor of the recall and "No" indicating a vote against such recall. On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled. The following instruction shall be effective in counting votes and shall appear on the ballot: No vote cast shall be counted for any candidate for such office, unless the voter also voted for or against the recall of the person sought to be recalled from the office. - 2 - Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article IX, Section 3(c) of the Fort Collins City Charter, pertaining to votes cast in the event of a recall, be amended to eliminate the requirement that no vote cast for a candidate to replace a recalled City Councilmember shall be counted unless the voter also voted for or against the recall of the person sought to be recalled from the office (which amendment is made necessary by a recent decision of the Colorado Supreme Court that prohibits such a requirement)? ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk   E  DQG WRZQV &56† SURYLGH JHQHUDOO\WKDWDQDSSRLQWHHWR¿OO YDFDQF\RQWKHJRYHUQLQJERG\ZLOO serve only until his or her successor is HOHFWHGDWWKHQH[WHOHFWLRQDQGVZRUQ LQ6KRXOGWKHDSSRLQWHHZLVKWR FRQWLQXHLQRI¿FHKHRUVKHPD\ FLUFXODWHDQRPLQDWLQJSHWLWLRQDVZRXOG DQ\RWKHUTXDOL¿HGFLWL]HQZKRZLVKHVWR be a candidate. 4,IDQHOHFWHGRI¿FLDOKDVVHUYHGWKH PD[LPXPQXPEHURIFRQVHFXWLYH WHUPVLQDQHOHFWHGERG\DVD UHSUHVHQWDWLYHRIRQHGLVWULFWPD\ WKDWHOHFWHGRI¿FLDOPRYHWRD GLIIHUHQWGLVWULFWDQGLPPHGLDWHO\UXQ IRUHOHFWLRQWRWKHVDPHERG\WR UHSUHVHQWWKHQHZGLVWULFW" 1R$QHOHFWHGRI¿FLDOIURPDSDUWLFXODU GLVWULFWZKRKDVVHUYHGWKHPD[LPXP number of consecutive terms in an elected body is precluded from immediately running for election to that body from another district. 4,IDQHOHFWHGRI¿FLDOKDVVHUYHGWKH PD[LPXPQXPEHURIFRQVHFXWLYH WHUPVIRUDQ³DWODUJH´VHDWLQDQ HOHFWHGERG\PD\WKDWRI¿FLDO LPPHGLDWHO\UXQIRUHOHFWLRQWRD VSHFL¿FGLVWULFWVHDWLQWKDWERG\" &RQYHUVHO\LIDPHPEHUKDVVHUYHG WKHPD[LPXPQXPEHURIFRQVHFXWLYH WHUPVDVDUHSUHVHQWDWLYHIURPD SDUWLFXODUGLVWULFWPD\WKDWPHPEHU LPPHGLDWHO\UXQIRUDQDWODUJHVHDW WRWKHVDPHERG\" No. An “at-large” member of an elected ERG\ZKRKDVVHUYHGWKHPD[LPXP number of consecutive terms may not WKHUHDIWHUUXQIRUHOHFWLRQIRUDVSHFL¿F GLVWULFWVHDWLQWKHVDPHERG\6LPLODUO\ DPHPEHURIDQHOHFWHGERG\ZKR occupies a district seat and has served WKHPD[LPXPQXPEHURIFRQVHFXWLYH terms is precluded from running immediately thereafter for election to that body as a member “at-large.” 4,IDQHOHFWHGRI¿FLDOKDVVHUYHGWKH PD[LPXPQXPEHURIFRQVHFXWLYH WHUPVIRUERDUGFRXQFLOVHDWLQDQ HOHFWHGERG\PD\WKDWRI¿FLDO LPPHGLDWHO\UXQIRUHOHFWLRQWRD PD\RUDOVHDWLQWKDWERG\" Yes. Unlike above, the candidate is UXQQLQJIRUDVHSDUDWHRI¿FHHQWLUHO\ 7KXVWKHRI¿FHRIPD\RUDQG 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 2