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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/11/2018 - COUNCIL VACANCY APPOINTMENT PROCESSDATE: STAFF: December 11, 2018 Delynn Coldiron, City Clerk Carrie Daggett, City Attorney Darin Atteberry, City Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Council Vacancy Appointment Process. EXECUTIVE SUMMARY The purpose of this work session is to discuss the process and materials Council would like to use to fill the District 1 vacancy created by Councilmember Overbeck’s election to the office of Larimer County Assessor. The proposed timeline and deadline impacts will also be discussed. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council agree with the proposed timeline? 2. Which options for interviewing and selection is Council interested in using? 3. Does Council wish to make any changes to the application materials that will be provided to interested applicants? BACKGROUND / DISCUSSION Council has filled four vacancies since 1992. The process used has differed over time as noted in the more detailed background information shown below. 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, the date will be calculated based on either the effective date of a resignation the City Clerk’s office receives from Councilmember Overbeck or the date he assumes his new office (January 8, 2019), whichever occurs first. There is an exception within the Charter that states that if the time for filling the vacancy by appointment falls within the 45 days prior to the regular election (on or after February 16, 2019), and the unexpired term of the Councilmember being replaced is more than 2 years, then the vacancy shall be filled by the newly constituted Council following their election. If a resignation is received by Councilmember Overbeck that has an effective date on or before January 1, 2019, the existing Council will make the appointment. If a resignation is received with an effective date after January 1, 2019 or if no resignation is received and the vacancy is created by Councilmember Overbeck assuming his new role as the Larimer County Assessor, then the newly constituted Council will appoint a replacement. This is because the 45-day window Council has to fill the vacancy upon receipt of a resignation cannot overlap with the 45-day time period prior to election that is set out in the above exception. 4 Packet Pg. 77 December 11, 2018 Page 2 Timeline: If a resignation letter is received that has an effective date on or prior to January 1, 2019, staff proposes the following timeline: • As soon as possible - begin advertising. • January 15, 2019 - deadline for applications. • January 17, 2019 - applicant information provided to Council in mail packets. • January 22, 2019 - interviews as part of the Work Session; OR • Week of January 28 – interviews as part of an adjourned or special meeting. If this date is chosen, the deadline for applications could be extended one week. • February 5, 2019 - consideration of a resolution making the appointment. This would provide the person appointed with a small window of time to provide a nomination petition (if they haven’t already done so) by the February 12, 2019 deadline. If no resignation letter is received with an effective date on or prior to January 1, 2019, or the vacancy is created by Councilmember Overbeck assuming his new role, the Charter requires that Council fill the vacancy within 45 days after the new Council is seated. Process: There are multiple processes Council can follow to identify the desired applicant to fill a vacancy. The following options have been prepared for your consideration based on previous processes: Options for Interviewing: • Setting o Informal work session setting, or o Formal Council Chambers setting. • Questions o One question from each Councilmember; plus follow up questions based on the information provided, or o Another option defined by Council. • Sequestering o All applicants participate; no sequestering, or o Applicants are sequestered and Council interviews one at a time. • Timing o On a different day than the resolution making the appointment is considered, or o On the same day that the resolution making the appointment is considered. Options for Selection: • Public Comment o At the beginning of the meeting, or o After each specific motion identifying a potential appointee, or o Both at the beginning of the meeting and after each specific motion identifying a potential appointee, or o Another option defined by Council. • Finalists o 5 or fewer candidates based on a Councilmember vote, or o Another option defined by Council. 4 Packet Pg. 78 December 11, 2018 Page 3 • Voting to narrow the field of applicants o By raising hands, or o By written ballot. • Tiebreakers to narrow the field of applicants o Councilmember discussion followed by agreed-upon method of voting, or o Another option defined by Council. Once the field of applicants has been narrowed the process will move to Councilmember discussion and motions. The oath of office for the chosen candidate could be administered the same evening as the selection or could be administered at the following Tuesday’s meeting; either a regular or adjourned meeting. Additional Background: The following is more detail from the earlier processes used since 1992 to fill various vacancies: 1. The first was a District 4 vacancy that opened in 1992 due to the death of Councilmember Cathy Fromme. The process used at that time included: a. Advertising – open for 15 days (November 29 – December 14). i. 14 applications received. b. Interviews - 14 applicants on two separate days (December 16 and 18). i. 1 applicant withdrew from the process. c. Council consideration of Resolution (1992-193) at an adjourned meeting held on December 29 (5th Tuesday) to make the appointment. The process followed at the meeting included: a. Public comment. b. Motions nominating various candidates. c. Straw Poll (vote - process unknown). d. Motions to adopt the Resolution inserting an individual’s name and then voting. Additional public comment was accepted. Multiple motions were made; Councilmember Chris Kneeland was appointed. The appointment was valid from December 29, 1992 through the election on April 6, 1993, at which time the voters elected Councilmember Kneeland to fill the remainder of the unexpired term (to April 11, 1995). Minutes from the December 29 meeting are attached (Attachment 1). 2. The second was a District 2 vacancy that opened in 1994 due to the resignation of Councilmember Bob Winokur. The process used at that time included: a. Advertising – open for 20 days (January 12 – January 31). i. 5 applications received. b. Interviews - 5 applicants on February 8. c. Council consideration of a Resolution (1994-034) at an adjourned meeting held on February 17 to make the appointment. The process followed at the meeting included: a. Councilmember discussion on the strengths of the various candidates. b. Public comment. c. Straw Poll (vote by show of hands). d. Motions to adopt the Resolution inserting an individual’s name and then voting. Public comment was accepted. Multiple motions were made; Councilmember Will Smith was appointed. 4 Packet Pg. 79 December 11, 2018 Page 4 The appointment was valid from February 17, 1994 through the election on April 4, 1995, at which time the voters elected Councilmember Smith to fill a new four-year term. Minutes from the February 17 meeting are attached (Attachment 2) 3. The third was a District 6 vacancy that opened in 1994 due to the resignation of Councilmember Gerry Horak. The process used at that time included: a. Advertising – open for 30 days (October 18-November 16) i. 10 applications were received; one applicant withdrew. b. Interviews - 9 applicants on November 28 (Monday). c. Council consideration of a Resolution (94-194) at an adjourned meeting held on November 29 (5th Tuesday) to make the appointment. The process followed at the meeting included: a. Two-minute statements from applicants on why they wanted to serve on City Council. b. Public comment. c. Straw Poll (vote by show of hands). d. Discussion on the four remaining candidates who received votes. e. Motion to appoint Charles Wanner; Resolution adopted. The appointment was valid from November 29, 1994 through the election on April 4, 1995, at which time the voters elected Councilmember Wanner to fill a new four-year term. Minutes from the November 29 meeting are attached (Attachment 3). 4. The fourth was a District 6 vacancy that opened in 2002 due to the resignation of Councilmember Chuck Wanner. The process used at that time included: a. Advertising – open for 23 days (May 9 – May 31) i. 10 applications were received. b. Interviews - 10 applicants at an adjourned meeting held on June 11, 2002. c. Council consideration of a Resolution (2002-063) at the June 11 meeting to make the appointment. The process followed at the meeting included: a. Two-minute introductory statements by applicants. b. Public comment. c. Written ballot to select five candidates; results announced. d. Second written ballot done as a tie breaker for applicants who had received 3 votes; results announced. e. Third written ballot done as a tie breaker for applicants who had received 3 votes; results announced. f. Six applicants identified to move on to interviews. g. Interviews conducted a. Applicants were sequestered when not being interviewed. b. Applicants were asked to provide responses to six questions (1 question submitted by each Councilmember); responses limited to 1 minute per question. h. Motions to appoint various candidates; all failed. i. Written ballot done to reduce the field to 2 candidates; results announced. j. Councilmember discussion on the strengths of the remaining applicants. k. 2-minute statements made by remaining applicants. l. Motion to reduce the candidates to two; David Edwards and David Roy. m. Motion to appoint David Roy; Resolution adopted. 4 Packet Pg. 80 December 11, 2018 Page 5 The appointment was valid from June 11, 2002 through the election on April 3, 2003, at which time the voters elected Councilmember Roy to fill a new four-year term. Minutes from the June 11, 2002 meeting are attached (Attachment 4). Application Materials: Attached are application materials (Attachments 5 and 6) staff proposes using for this process. Council comments/suggestions are welcome. ATTACHMENTS 1. City Council Minutes December 29, 1992 (PDF) 2. City Council Minutes, February 17, 1994 (PDF) 3. City Council Minutes November 29, 1994 (PDF) 4. City Council Minutes June 11, 2002 (PDF) 5. Vacancy Application (PDF) 6. Council District 1 Map (PDF) 7. PowerPoint Presentation (PDF) 4 Packet Pg. 81 ATTACHMENT 1 4.1 Packet Pg. 82 Attachment: City Council Minutes December 29, 1992 (7467 : Council Vacancy Appointment Process) 4.1 Packet Pg. 83 Attachment: City Council Minutes December 29, 1992 (7467 : Council Vacancy Appointment Process) 4.1 Packet Pg. 84 Attachment: City Council Minutes December 29, 1992 (7467 : Council Vacancy Appointment Process) 4.1 Packet Pg. 85 Attachment: City Council Minutes December 29, 1992 (7467 : Council Vacancy Appointment Process) 4.1 Packet Pg. 86 Attachment: City Council Minutes December 29, 1992 (7467 : Council Vacancy Appointment Process) ATTACHMENT 2 4.2 Packet Pg. 87 Attachment: City Council Minutes, February 17, 1994 (7467 : Council Vacancy Appointment Process) 4.2 Packet Pg. 88 Attachment: City Council Minutes, February 17, 1994 (7467 : Council Vacancy Appointment Process) 4.2 Packet Pg. 89 Attachment: City Council Minutes, February 17, 1994 (7467 : Council Vacancy Appointment Process) ATTACHMENT 3 4.3 Packet Pg. 90 Attachment: City Council Minutes November 29, 1994 (7467 : Council Vacancy Appointment Process) 4.3 Packet Pg. 91 Attachment: City Council Minutes November 29, 1994 (7467 : Council Vacancy Appointment Process) 4.3 Packet Pg. 92 Attachment: City Council Minutes November 29, 1994 (7467 : Council Vacancy Appointment Process) ATTACHMENT 4 4.4 Packet Pg. 93 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 94 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 95 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 96 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 97 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 98 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 99 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 100 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 101 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 102 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) 4.4 Packet Pg. 103 Attachment: City Council Minutes June 11, 2002 (7467 : Council Vacancy Appointment Process) APPLICATION FOR COUNCILMEMBER – DISTRICT 1 APPLICATION DEADLINE: 5:00 p.m. on _____TBD_____ (late applications will not be accepted) PLEASE TYPE OR USE BLACK INK. ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES. INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT. Return completed applications to: City Clerk’s Office, 300 LaPorte Avenue or mail to P.O. Box 580, Fort Collins, CO 80522 If you have questions or need more information, contact the City Clerk’s Office at 970.416.2525 Eligibility Requirements: United States Citizen Registered voter in the city for one year immediately prior to appointment At least 21 years of age A resident of Council District 1 Never convicted of a felony NAME: _ RESIDENCE ADDRESS: ZIP: HOME PHONE: WORK PHONE: CELL PHONE: E-MAIL: ARE YOU 21 YEARS OF AGE OR OLDER? Yes No HAVE YOU BEEN A REGISTERED VOTER IN FORT COLLINS FOR AT LEAST A YEAR? Yes No DO YOU RESIDE IN DISTRICT 1? Yes No HAVE YOU EVER BEEN CONVICTED OF A FELONY? Yes No CURRENT OCCUPATION/EMPLOYER: RECENT AND/OR RELEVANT WORK EXPERIENCE (PLEASE INCLUDE DATES): COMMUNITY ACTIVITIES/VOLUNTEER EXPERIENCE (PLEASE INCLUDE DATES): ATTACHMENT 5 4.5 Packet Pg. 104 Attachment: Vacancy Application (7467 : Council Vacancy Appointment Process) HOW WOULD YOU DESCRIBE THE VISION OF THE CITY OF FORT COLLINS? BRIEFLY EXPLAIN WHAT YOU BELIEVE ARE THE THREE MOST IMPORTANT ISSUES FACING THE FORT COLLINS COMMUNITY AT THIS TIME, AND HOW YOU BELIEVE THE CITY COUNCIL CAN PLAY A ROLE IN ADDRESSING EACH. 1. 2. 3. 4.5 Packet Pg. 105 Attachment: Vacancy Application (7467 : Council Vacancy Appointment Process) SPECIAL QUALIFICATIONS APPLICABLE TO CITY COUNCIL: WHY DO YOU WANT TO SERVE ON CITY COUNCIL? PLEASE SPECIFY ANY ACTIVITIES THAT MIGHT CREATE A SERIOUS CONFLICT OF INTEREST IF YOU SHOULD BE APPOINTED TO THE CITY COUNCIL. OTHER COMMENTS: 4.5 Packet Pg. 106 Attachment: Vacancy Application (7467 : Council Vacancy Appointment Process) By signing and submitting my application to the City of Fort Collins, I swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: • that I meet the eligibility requirements of the position sought and • that the information provided in this application is true and correct to the best of my knowledge. Signature: Date Optional: How did you learn of the District 1 vacancy on City Council? Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) 4.5 Packet Pg. 107 Attachment: Vacancy Application (7467 : Council Vacancy Appointment Process) FINANCIAL DISCLOSURE STATEMENT Printed Name: _________________________________________ Choose one column only and then check appropriate boxes within that column. Column 1 Column 2 Column 3 Filing as: Mayor/Councilmember (currently seated – not seeking reelection) Filing as: Council Candidate (new candidates and incumbents) Filing as: City Manager City Attorney Type of Filing: Post-Election/Appointment Filing Annual Filing Type of Filing: Candidate Filing Type of Filing: Post-Appointment Filing Annual Filing Status: This is my first filing as an elected/appointed official (answer all questions completely) This amends my previous filing dated______________ (answer all questions completely) There have been no changes since my previous filing dated _______________ (skip to signature line) Status: This is my first filing as a candidate (answer all questions completely) This amends my previous filing dated______________ (answer all questions completely) Status: This is my first filing as an appointed official (answer all questions completely) This amends my previous filing dated______________ (answer all questions completely) There have been no changes since my previous filing dated _______________ (skip to signature line) List the source or sources of any income, including capital gains, whether or not taxable, of the person making disclosure and such person’s spouse. (It is not necessary to list amounts.) Indicate any financial interest in excess of $10,000 in any business entity. 4.5 Packet Pg. 108 Attachment: Vacancy Application (7467 : Council Vacancy Appointment Process) Provide the legal description of any interest in real property owned by the person making disclosure or such person’s spouse. Identify by name all offices and directorships held by the person making disclosure and such person’s spouse. List the name of each creditor to whom the person making disclosure or such person’s spouse owes money in excess of $10,000. List businesses with which the person making disclosure, or such person’s spouse, are associated that do business with or are regulated by the City of Fort Collins and the nature of such business or regulation. Provide any additional information which the person making disclosure might desire. Signature: ________________________________________________ Date 4.5 Packet Pg. 109 Attachment: Vacancy Application (7467 : Council Vacancy Appointment Process) AFFIDAVIT OF APPLICANT STATE OF COLORADO ) COUNTY OF LARIMER ) SS. CITY OF FORT COLLINS ) I, the undersigned, being first duly sworn, depose and state that I am a citizen of the United States, at least twenty-one (21) years of age, have been for one (1) year immediately preceding the date of this proposed appointment a registered elector of the City of Fort Collins, and have never been convicted of a felony. I further certify that my residence address is , Fort Collins, Colorado and that I am not a candidate, directly or indirectly, of any political party and will serve if appointed. Signature of Applicant Subscribed and sworn to before me this day of , 20 by . Notary Public 4.5 Packet Pg. 110 Attachment: Vacancy Application (7467 : Council Vacancy Appointment Process) S Shields St Laporte Ave Main St 9th St W Laurel St W Elizabeth St W Drake Rd E P rospect Rd E Mulberry St Country Club Rd E Vine Dr Richards Lake Rd S Su m mit View Dr Remington St S Mason St W Mountain Ave E County Road 48 E W il lo x L n W Mulberry St N Mason St Jefferson St E Douglas Rd N Lemay Ave W Prospect Rd E County Road 50 Mountain Vista Dr E Lincoln Ave Turn b erry Rd E Horsetooth Rd W Willox Ln S Howes St W Vine Dr E Drake Rd E Suniga Rd N Timberline Rd E County Road 52 W Douglas Rd N County Road 17 S County Road 5 N County Road 5 E County Road 54 Giddings Rd N County Road 9 Riverside A ve S Timberline Rd December 11, 2018 Council Vacancy Delynn Coldiron, City Clerk; Rita Knoll, Chief Deputy City Clerk Carrie Daggett, City Attorney ATTACHMENT 7 4.7 Packet Pg. 112 Attachment: PowerPoint Presentation (7467 : Council Vacancy Appointment Process) General Direction/Questions 1. Does Council agree with the proposed timeline if the vacancy exists on or prior to January 1? 2. Which options for interviewing and selection is Council interested in using? 3. Does Council wish to make any changes to the application materials that will be provided to potential candidates? 2 4.7 Packet Pg. 113 Attachment: PowerPoint Presentation (7467 : Council Vacancy Appointment Process) Charter Requirements 3 • 45 days to fill vacancy - starts on the effective date of resignation. • January 1, 2018 – last day to receive resignation for this Council to make an appointment. • After January 1, 2018 the appointment will be made by the newly seated Council after April elections. 4.7 Packet Pg. 114 Attachment: PowerPoint Presentation (7467 : Council Vacancy Appointment Process) Possible Timeline 4 As soon as possible – begin advertising. January 15 – Application deadline January 17 – Information to Council January 22 – Interviews Week of January 28 – Interviews (alternate date). February 5 – Resolution. Resignation Received January 1 or prior 4.7 Packet Pg. 115 Attachment: PowerPoint Presentation (7467 : Council Vacancy Appointment Process) Application Materials Options for Interviewing Options for Selection • Setting • Questions • Sequestering • Timing • Public comment • Finalists • Voting to narrow the field • Tiebreakers to narrow the field 5 4.7 Packet Pg. 116 Attachment: PowerPoint Presentation (7467 : Council Vacancy Appointment Process) Application Materials 6 • Application Form • Financial Disclosure • Applicant Affidavit • District 1 Map • Instructions, Selection Process and Timeline 4.7 Packet Pg. 117 Attachment: PowerPoint Presentation (7467 : Council Vacancy Appointment Process) General Direction/Questions 1. Does Council agree with the proposed timeline if the vacancy exists on or prior to January 1? 2. Which options for interviewing and selection is Council interested in? 3. Does Council wish to make any changes to the application materials that will be provided to potential candidates? 7 4.7 Packet Pg. 118 Attachment: PowerPoint Presentation (7467 : Council Vacancy Appointment Process) S Lemay Ave N Shields St G r e g ory Rd Ziegler Rd !"`$ ÉZYXW ÕZYXW ³I ³I D D I I S S T T R R I I C C T T 1 1 D D I I S S T T R R I I C C T T 2 2 D D I I S S T T R R I I C C T T 3 3 D D I I S S T T R R I I C C T T 6 6 D D I I S S T T R R I I C C T T 4 4 D D I I S S T T R R I I C C T T 5 5 City Council of Fort District Collins 1 Printed: November 15, 2018 GMA Water Bodies Council Districts District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Ken Summers District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak 0 0.5 1 1.5 2 Mayor - Wade Troxell Miles © CITY GEOGRAPHIC OF FORT COLLINS INFORMATION SYSTEM MAP PRODUCTS These and were map not products designed and or all intended underlying for general data are use developed by members for use of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in labeling thereon. or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or may not be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Path: C:\temp\cncldist18x11.mxd Effective: February 16, 2018 ATTACHMENT 6 4.6 Packet Pg. 111 Attachment: Council District 1 Map (7467 : Council Vacancy Appointment Process)