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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/24/2020 - PROCESS FOR COUNCIL VACANCY APPOINTMENT AND SELECTDATE: STAFF: November 24, 2020 Delynn Coldiron, City Clerk Carrie Daggett, Legal WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Council Vacancy Process and Selection of Mayor Pro Tem. EXECUTIVE SUMMARY The purpose of this item is to discuss the process Council would like to use to fill the District 4 vacancy created by Mayor Pro Tem Stephens’ election as a Larimer County Commissioner and for sele cting a new Mayor Pro Tem. The proposed timeline and deadline impacts will also be discussed. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What feedback do Councilmembers have regarding the process for filling the District 4 vacancy? 2. Do Councilmembers have any concerns with the proposed timeline? 3. What feedback do Councilmembers have about the process for selecting a new Mayor Pro Tem and when? BACKGROUND / DISCUSSION Council has filled five vacancies since 1992. The process used has differed over time as noted in the more detailed background information shown below. In contrast to most other Council appointment processes, there are some important Charter requirements that govern the process for filling this vacancy, particularly since it 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 occurrence of the vacancy. In this case, the date will be calculated based on either (1) the effective date of a resignation the City Clerk’s office receives from Mayor Pro Tem Stephens or (2) the date she assumes her new office (January 12, 2021), 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 20, 2021), and the unexpired term of the Councilmember being replaced is more than 2 years, then the vacancy must be filled by the newly constituted Council following their election. If a resignation is received by Mayor Pro Tem Stephens that has an effective date on or before January 5, 2021, the existing Council will make the appointment. If a resignation is received with an effective date after January 5, 2021 or if no resignation is received and the vacancy is created by Mayor Pro Tem Stephens assuming her new role as a Larimer County Commissioner, then the newly constituted Council will appoint a re placement after the April election. Timeline: If a resignation letter is received that has an effective date on or prior to January 5, 2021, the following timeline could be used: • As soon as possible - begin advertising. • December 28, 2020 - deadline for candidate applications to be received by the City Clerk’s Office. November 24, 2020 Page 2 • December 30, 2020 - applicant information provided to Council in mail packets and posted on the City webpage. • January 5, 2021 - candidate interviews done as part of a Work Session following the regular meeting; OR • January 12, 2021 - candidate interviews held as part of the Work Session. • January 19, 2021 - Council consideration of a Resolution recommending an appointee. • January 26, 2021 - formal swearing in of new Councilmember at an adjourned meeting. This would provide all persons interested in running for the District 4 seat in the April 6. 2021 election, including the person appointed, time to file a nomination petition by the February 16, 2021 deadline. 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, o Formal Council Chambers setting, or o Remote Zoom meeting. • 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 item, or o After each specific motion identifying a potential appointee, or o Both at the beginning of the item 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. • Voting to narrow the field of applicants o By raising hands, or o By written ballot (collected and read by the City Clerk). o Note: A roll call vote would be required in a remote meeting. • Tiebreakers to narrow the field of applicants o Councilmember discussion followed by agreed-upon method of voting, or o Another option defined by Council. November 24, 2020 Page 3 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 at 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 most recent process was used to fill the District 1 vacancy that opened in 2019 due to the election of Councilmember Bob Overbeck to the Larimer County Assessor position. The process used at that time included: a. Advertising - open for 15 days (December 12 - December 26) i. 9 applications were received. b. Interviews - 9 applicants on January 2 at a work session following the regular meeting. i. 8 applicants attended; 1 applicant withdrew. c. Council consideration of Resolution (2019-014) at a regular meeting held on January 15, 2019. d. Oath of office administered at an adjourned meeting held on January 22, 2019. The process followed for interviews included: a. All applicants interviewed one at a time. b. 20 minutes per interview. i. Opening question (Mayor) - 1-2 minutes. ii. Council questions - 16-18 minutes. 1. One question per Councilmember (more if time allows). 2. Should be a follow-up or a clarification of information provided in the application. c. Closing statement (Applicant) - 1-2 minutes. Candidates were not sequestered and were interviewed based on a random selection done by sta ff in the City Clerk’s Office prior to the meeting. The process followed for selection included: a. Public comment. b. Motions nominating various candidates. c. Votes (roll calls). d. Motion to adopt Resolution adding nominated individual’s name. e. Vote (roll call). The appointment was valid from January 15, 2019 through the time successors took office after the April 2, 2019 election. Councilmember Gutowsky was elected to fill the remainder of the unexpired term. Minutes from the January 15 meeting are attached (Attachment 1). Resolution 2018-129 establishing the section and appointment process is also attached (Attachment 2). 2. A District 6 vacancy 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: November 24, 2020 Page 4 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 i. Applicants were sequestered when not being interviewed. ii. 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. The appointment was valid from June 11, 2002 through the time successors took office after the April 3, 2003 election. Councilmember Roy was elected to fill a new four-year term. Minutes from the June 11, 2002 meeting are attached (Attachment 3). 3. A District 6 vacancy 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 time successors took office after the April 4, 1995 election. Councilmember Wanner was elected to fill a new four -year term. Minutes from the November 29 meeting are attached (Attachment 4). 4. A District 2 vacancy 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. November 24, 2020 Page 5 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. The appointment was valid from February 17, 1994 through the time successors took office after the April 4, 1995 election. Councilmember Smith was elected to fill a new four-year term. Minutes from the February 17 meeting are attached (Attachment 5). 5. A District 4 vacancy 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. Motion to adopt Resolution inserting the nominated individual’s name and then voting. e. Councilmember Chris Kneeland was appointed. The appointment was valid from December 29, 1992 through the time successors took office after the April 6, 1993 election. Councilmember Kneeland was elected to fill the remainder of the unexpired term. Minutes from the December 29 meeting are attached (Attachment 6). Application Materials: Attached are application materials (Attachments 7 and 8) staff proposes using for this process. Council comments/suggestions are welcome. Mayor Pro Tem Selection: The City Charter requires the Council to elect a Mayor Pro Tem from among the members of the Council to act as Mayor during the absence or disability of the Mayor. Since Mayor Pro Tem Stephens will be leaving Council to assume her new role as a Larimer County Commissioner, the Council will need to elect a new Mayor Pro Tem. It is advisable that at the first regular or special meeting after the District 4 vacancy exists, Council elect its new Mayor Pro Tem. In the past, this has been done by Councilmembers indicating their interest in the position, followed by nominating motion(s) and vote(s). The individual selected as the next Mayor Pro Tem will act in this capacity until the new Mayor Pro Tem is elected after the April 6, 2021 election. November 24, 2020 Page 6 ATTACHMENTS 1. Minutes January 15, 2019 Council Meeting (PDF) 2. Resoution 2018-129 (PDF) 3. Minutes June 11, 2002 Council Meeting (PDF) 4. Minutes November 29, 1994 Council Meeting (PDF) 5. Minutes February 17, 1994 Council Meeting (PDF) 6. Minutes December 29, 1992 Council Meeting (PDF) 7. Vacancy Application (PDF) 8. Council District 4 Map (PDF) 9. Power Point Presentation (PDF) ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 4 ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 5 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 6 ATTACHMENT 6 ATTACHMENT 6 ATTACHMENT 6 APPLICATION FOR COUNCILMEMBER – DISTRICT 4 APPLICATION DEADLINE: 5:00 p.m. on December 28, 2020 (late applications will not be accepted/considered) 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 application: In person: City Clerk’s Office 300 LaPorte Avenue Mail: City Clerk’s Office PO Box 580 Fort Collins, CO 80522 Email: cityclerk@fcgov.com 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 4 Never convicted of a felony If you have questions or need more information, contact the City Clerk’s Office at 970.221.6515 NAME: _______________________________________________________________________________________________ RESIDENCE ADDRESS: __________________________________________________________ ZIP: _________________ HOME PHONE: _____________________ WORK PHONE: _____________________ MOBILE: ____________________ EMAIL: _______________________________________________________________________________________________ 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 7 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. ATTACHMENT 7 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: 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 ATTACHMENT 7 Hor s e t oot hRes er voi r S p r in g Cr eekParkPond H armonyReservoir R o b e rt Benson La ke Ro l la ndMoorePond C o t t o n w o odGlenPond P o rtn er ReservoirWa r ren L a keDi x o n ReservoirTro u tm anParkPond SCollegeAveS Taft Hill RdW Dra ke Rd W Horsetooth RdE Trilb y RdS Overland TrlE Drake Rd S Shields StWCountyRoad38ELandingsDrBoardwalk D r W Harmony Rd E Ho rse to oth Rd SMasonStW Trilby R d W Boa rdwa lk Dr W Troutman Pkwy E Ha rmonyR d E Tr o u t m a n P k w y JohnFKennedyPkwyS US Highway 287S County Road 19WXYZô I³ 21453353 25 21453353 27 21453353 10 2145 3353 20 2145 3353 40 21452352 46 2145 2352 48 21549354 07 21453353 29 2145 3353 13 21549354 41 2145 3353 14 2145 2352 14 21453353 17 2145 3353 16 2145 3353 19 2145 3353 23 21553357 03 21453353 18 21551355 01 2145 3353 22 2145 2352 33 21452352 15 2145 3353 30 21453353 15 21452352 21 2145 3353 31 2145 3353 28 21453353 21 21551355 02 2154 9354 37 21452352 22 21452352 32 2145 3353 26 2155 3357 02 2145 3353 11 2145 3353 24 2145 3353 32 75 18 60 65 63 78 74 68 7670 64 72 3766 85 82 73 57 49 88 80 22 86 81 54 27 61 62 69 87 43 20 28 36 847967 77 26 30 8339 Cityof Fort Co llin sDistrict 4 Printed: Octo ber 0 1, 2020 0 0.25 0.5 0.75 1Miles1:32,000Scale ©Effective: April 23, 2 019 CITY OF FORT COLLINSGEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only,and were not designed or intended for general use by mem bers of the public. The City m akes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS M AKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSEDORIMPLIED, W ITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these m ap products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all dam age, loss, or liability arising from any use of this m ap product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all dam age, loss, or liability, whether direct, indirect, or consequential, which arises or m ay arise from these map products or the use thereof by any person or entity.Co un cil Dis tri cts M ay or - Wa de Tr ox ell Distr ict 1 - S usan Gutowsky Distr ict 2 - Julie Pignataro Distr ict 3 - K en Summers Distr ict 4 - K ristin S tephens Distr ict 5 - R oss C unniff Distr ict 6 - EmilyGorgolCountyP recinct WaterFeatures Growth Management A rea Railroad Lines77City Pr ecinct Number s2145235205LarimerCountyPrecinctNumbersCountyPrecinctNum ATTACHMENT 8 November 24, 2020Council VacancyDelynn Coldiron, City Clerk; Rita Knoll, Chief Deputy City ClerkCarrie Daggett, City AttorneyATTACHMENT 9 General Direction/Questions1. What feedback do Councilmembers have regarding the process for filling the District 4 vacancy?2. Do Councilmembers have any concerns with the proposed timeline?3. What feedback do Councilmembers have about the process for selecting a new Mayor Pro Tem?2ATTACHMENT 9 Charter Requirements3• 45 days to fill vacancy • Starts on the effective date of resignation or • Date Mayor Pro Tem Stephens assumes her new office.• January 5, 2021 – last day to receive resignation for this Council to make an appointment.• After January 5, 2021 the appointment will be made by the newly seated Council after April elections.ATTACHMENT 9 Possible Timeline4As soon as possible – begin advertising.December 28– Application deadline.December 30– Information to Council. January 5 – Interviews and Selection.January 19 – Resolution. January 26 – Swearing In.Resignation Received January 5 or priorATTACHMENT 9 Interviewing and SelectionOptions for InterviewingOptions for Selection•Setting•Questions•Sequestering•Timing•Public comment•Finalists•Voting to narrow the field•Tiebreakers to narrow the field5ATTACHMENT 9 Selection of Mayor Pro Tem6• City Charter requires the Council to elect a Mayor Pro Tem• Acts as Mayor during absence or disability of Mayor• Choose from among members of Council• Advisable to do this at first regular or special meeting after the vacancy occurs.• Past process:• Indication of interest • Nominating motions and votes ATTACHMENT 9 General Direction/Questions1. What process would Council like to use for filling the District 4 vacancy?2. Does Council agree with the proposed timeline?3. What process would Council like to use for selecting a new Mayor Pro Tem?7ATTACHMENT 9 Alternative Timeline8As soon as possible – begin advertising.January 11 – Application deadlineJanuary 14 – Information to Council January 19 – Interviews January 28 – Interviews (alternate date). February 2 – Resolution.Resignation Received January 5 or priorATTACHMENT 9