HomeMy WebLinkAboutMemo - Read Before Packet - 12/20/2022 - 3 - Council Meeting Staff Report – Referendum Process Overview – December 20, 2022City Clerk
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DATE:
TO:
MEMORANDUM
December 20, 2022
Mayor a nd Councilmembers
THROUGH: Kelly DiMartino, City Manager
Rupa Venkatesh, Assistant City Manager
FROM: Anissa Hollingshead, City Clerk
R E: Council Meeting Staff Re port – Referendum Process Overview
Attached is a presentation for tonight’s Council meeting . This is for a staff report being added to
the agenda in follow up to a request made at this week’s Leadership Planning Team meeting.
Referendum Process
Overview
12-20-2022
Anissa Hollingshead
City Clerk
What a Referendum is
Registered voters are given the power, at their option, to
approve or reject at the polls any ordinance adopted by the
Council with limited exceptions.
The right to pursue a referendum on an ordinance adopted
by the City Council is guaranteed under the Colorado
State Constitution and implemented under the provisions
in City Charter and Code.
See:
•Colorado State Constitution Article XX, Section 5
•Fort Collins Home Rule Charter Article X
•Fort Collins City Code Chapter 7, Article VI
2
Passage of Ordinance by City Council
Notice of Protest filed by registered voter
Petition circulated by petition representatives
Submitted petition examined for sufficiency by City Clerk
Protest period and any protest process must be completed before a petition can be certified
Clerk certifies petition as sufficient or insufficient to Council
Sufficient petition returns ordinance to Council for repeal or placement on the ballot
3Basic Referendum Process
4Current Referendum Process
Next steps after petition submission
Period =
12/20-27/2022
Deadline =
12/29/2022
Deadline =
1/18/2023
5What a Protest Is
Protest Provisions in the Charter
Registered electors desiring to protest 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.
-Article X, Section 5 (f) (3)
If a Petition is Certified Sufficient 6
At its next meeting, Council must choose to
either:
Clerk Certifies Petition Sufficient to Council
Refer Ordinance to voters
Repeal the Ordinance
Referendum Petition Information
•Petition submitted in support of a
referendum on Ordinance No. 114,
2022, adopting the Land
Development Code.
•4,228 valid signatures from
registered Fort Collins voters
required for a successful effort
•Updates will be posted nightly at 5
pm on the City’s website
www.fcgov.com/elections/referendum-
effort -land-development -code
7