HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2018 - RESOLUTION 2018-129 ESTABLISHING A PROCESS FOR CITAgenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY December 18, 2018
City Council
STAFF
Rita Knoll, Chief Deputy City Clerk
Carrie M. Daggett, Legal
SUBJECT
Resolution 2018-129 Establishing a Process for City Council Selection and Appointment of a District 1
Councilmember to Fill a Vacancy Due to the Resignation of Councilmember Bob Overbeck.
EXECUTIVE SUMMARY
The purpose of this item is to establish the process to be used in filling a vacancy in the District 1 Council seat.
Councilmember Bob Overbeck has tendered his resignation from the Council effective January 1, 2019, as a result
of his recent election to the office of Larimer County Assessor.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Council has filled four vacancies since 1992. The process used has differed over time; however, unlike filling
other vacancies, there are some important Charter requirements that need additional attention since this
vacancy falls so close to an upcoming election. This has the potential to impact both timelines and process.
The Charter requires that a Councilmember vacancy be filled within 45 days of the effective date of a
resignation. In this case, Councilmember Overbeck has resigned effective January 1, 2019. Therefore, the
position must be filled within 45 days, but must also be done before the 45 days prior to the election. The
timing of Councilmember Overbeck’s resignation allows the Council to use the full 45 days to fill the vacancy
without overlapping into the 45-day period prior to the election.
Pursuant to the Charter, the person appointed to fill the vacancy shall serve until the next election, April 2,
2019, when the electors will select a person to fill the vacancy for the remainder of the term - until a new
representative is elected in April 2021 and assumes office thereafter.
The person selected to fill the vacancy could run for election to the office for the remainder of the term. In
order to do so, the individual must circulate and file a nomination petition between January 22 and February
12, 2019.
The process established by this Resolution will facilitate the filling of the vacancy in a timely manner, and will
also allow the selected person to run for election in April, if he or she so chooses.
The Council discussed the process for filling this vacancy at the December 11, 2018 work session. The
following describes the process and timeline:
December 12, 2018 – Began advertising for the vacancy. This included:
Agenda Item 19
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• Launch of a new webpage specific to the vacancy with a spotlight on the City’s home page to highlight that
applications are being accepted.
• Press releases in both the Coloradoan and the Collegian.
• Advertisements in the Coloradoan over the next two weeks.
• Social media outreach.
• Nextdoor post to District 1 residents.
Applications are available on the website (fillable pdf) and at the City Clerk’s office at 300 LaPorte Avenue.
The application packet includes:
o General information about the vacancy and related requirements, process and qualifications.
o Application form.
o Financial Disclosure Statement.
o Candidate Affidavit (must be notarized).
o District 1 map.
o Council Vacancy Timeline.
December 26, 2018 – Deadline to submit application forms to the City Clerk’s office.
• Applications can be submitted by email or by delivering directly to the City Clerk’s office.
December 27, 2018 – Application submittals will be provided to Council as part of Thursday packets. This
information will also be on file with the City Clerk’s office for public inspection and posted on the web.
January 1, 2019 – Effective date of Councilmember Overbeck’s resignation.
January 2, 2019 – Regular Meeting and Work Session (moved to Wednesday due to the New Year’s Holiday).
It is expected that the Work Session will include interviews for all candidates. Interview specifics:
• Each applicant will be interviewed individually.
• It is expected that 20 minutes will be allowed per interview; this time may be reduced depending on the
number being interviewed.
o Opening question (Mayor) – 1-2 minutes.
o Council questions – 16-18 minutes.
▪ One question per Councilmember (more if time allows).
▪ Should be a follow-up or a clarification of information provided in the application.
o Closing statement (Applicant) – 1-2 minutes.
• Candidates will not be sequestered. They will be interviewed based on a random selection done by the
City Clerk’s office prior to the meeting. A schedule will be included in agenda materials.
If the number of applicants is very high, Council may wish to vote to reduce the number to be interviewed
based on the written applications during the Regular Meeting before the Work Session. Alternatively. the
Council may choose to adjourn the Regular Meeting to after the Work Session if Council wants to consider
voting to narrow the field of applicants prior to the January 15 Council meeting. Staff will work with the Mayor
to evaluate these options once the application period has closed.
January 15, 2019 – Regular Council Meeting
• Section process and Resolution making appointment.
o Public input will be accepted as is normally done for items.
o Council will make motions and vote to determine final applicant.
January 22, 2019 – Adjourned Council Meeting and Work Session
Agenda Item 19
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• Oath of office will be administered to the new appointee.
CITY FINANCIAL IMPACTS
Costs associated with establishing a process for filling the vacancy, and the execution of the process, are
minimal.
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RESOLUTION 2018-129
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A PROCESS FOR CITY COUNCIL
SELECTION AND APPOINTMENT OF A DISTRICT 1 COUNCILMEMBER
TO FILL A VACANCY DUE TO THE RESIGNATION OF
COUNCILMEMBER BOB OVERBECK
WHEREAS, on December 7, 2018, District 1 Councilmember Bob Overbeck submitted
his resignation from the City Council, effective January 1, 2019; and
WHEREAS, Section 18 of Article II of the Charter of the City of Fort Collins provides
for the appointment by the City Council to fill a vacancy on Council, to serve until the next
regular election; and
WHEREAS, in the interest of timely carrying out its duty to so appoint a District 1
Councilmember in an efficient, fair and effective manner, the City Council at its Work Session
on December 11, and in connection with this Resolution has considered various options and
schedules for proceeding; and
WHEREAS, in light of those discussions, the Council desires to proceed with the
selection and appointment process as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the selection and appointment process to fill the impending District 1
Council vacancy shall be as follows:
Section 1. Public information and application process:
A. The City Clerk posted and distributed to various media information regarding the
vacancy and the application process, beginning on Wednesday, December 12.
B. The form of application includes a notarized affidavit and financial disclosure
statement. Per City Charter, applicants must meet the following qualifications:
1. United States citizen;
2. Registered voter in the city for one year immediately prior to the
appointment;
3. At least 21 years of age;
4. Resident of Council District 1; and
5. Never convicted of a felony.
C. Applications may be emailed to the City Clerk’s Office at cityclerk@fcgov.com,
hand-delivered to the City Clerk’s Office, 300 LaPorte Avenue, or mailed to the
City Clerk’s Office at PO Box 580, Fort Collins, CO 80522, and must be
received by the City Clerk by 5:00 p.m. on Wednesday, December 26, 2018, in
order to be considered.
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D. All application materials will be posted for public review as a part of the January
2, 2019 Council Agenda and will be provided to the City Council on Thursday,
December 27, 2018.
E. Upon the closure of the application period, staff will confer with the Mayor to
determine, based on the number of applicants, whether to include on the agenda
for the January 2 regular meeting, either:
1. a vote to determine the pool of applicants to be interviewed, or, alternatively,
2. an adjournment of the regular meeting to after the Work Session for a vote on
finalists to be considered at the January 15 meeting.
Section 2. Initial interview process:
A. The Council will conduct initial interviews with all applicants at a Work Session
in the Council Information Center in City Hall at 300 LaPorte Avenue, to begin
after or during a break from the regular Council meeting that will begin at 6:00
p.m. that evening. As noted above, in the event that the number of applications
received makes interviewing all applicants impracticable, Council may consider
determining which applicants will move forward to the interview stage at its
regular meeting on January 2 prior to the Work Session.
B. Applicants will be interviewed individually in random order determined by the
City Clerk. Applicants will not be sequestered or required to leave the room
during questioning of other applicants.
C. The Mayor will set a time limit for discussion with each applicant, likely twenty
(20) minutes for each, depending upon the number of applicants to be
interviewed.
D. Questioning of each applicant will proceed based on the information and
responses provided in that applicant’s application, and may include follow up
questions.
E. Each applicant will have a time-limited opportunity to respond to an open-ended
question to be provided in advance as part of the agenda materials for the Work
Session.
F. If a large number of applicants is interviewed, Council may choose to adjourn its
regular meeting until after the Work Session and then reconvene in order to vote
to narrow the field to a number of finalists, otherwise, Council will make no
decisions at its Wednesday, January 2, 2019, Work Session regarding the
applicants moving forward to the next step of the process.
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Section 3. Input and Selection Process:
A. Members of the public will be invited to provide comments to the City Council at
CityLeaders@fcgov.com or in care of the City Clerk at the address above,
regarding the applicants and the Council’s selection of an appointee.
B. Council will take action to select an appointee at its regular meeting on Tuesday,
January 15, 2019. The public will have an opportunity to comment at the
beginning of the discussion, as on all discussion items, with the time limit for
comment set by the Mayor based on the number of speakers.
C. After completion of public comment, Council will discuss the applicants.
D. The City Clerk will provide a resolution with a blank for the name of the
appointee as part of the Council’s agenda materials. After discussing the
applicants, Council will then, using motions (and seconds of the motions)
proposed appointees until the resolution with a proposed appointee receives a
majority vote.
Section 4. Swearing In of Appointee:
A. Legal swearing in of the appointed Councilmember may take place in the office
of the City Clerk at a mutually convenient time after the January 15 appointment.
B. Formal swearing in of the appointed Councilmember will take place at an
adjourned Council meeting on Tuesday, January 22, 2019.
Section 5. Council may make modifications to the procedures or schedule set forth
above as it determines appropriate in light of the circumstances of the process as it proceeds.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of December, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk