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HomeMy WebLinkAboutMemo - Mail Packet - 12/24/2024 - Memorandum from Carrie Daggett re December 10, 2024, Work Session Summary: Council Priority to Update and Modernize the City CharterCity Attorney’s Office 300 LaPorte Avenue PO Box 580, Fort Collins, CO 80522 WORK SESSION MEMORANDUM Date: December 18, 2024 To: Mayor and City Councilmembers From: Carrie Daggett, City Attorney CMD Subject: December 10, 2024, Work Session Summary: Council Priority to Update and Modernize the City Charter BOTTOM LINE The purpose of this memo is to document the summary of discussions during the December 10, 2024, Work Session. All Councilmembers were present. DISCUSSION SUMMARY Special Legal Counsel Geoff Wilson gave an overview presentation covering the eighteen suggested revisions grouped in the following five main areas of Charter updates that are being recommended for further consideration: 1. Modernization of language and elimination of obsolete provisions; 2. Alignment with provisions in Colorado law; 3. Clarification and updating to eliminate ambiguities; 4. Correction of errors in recent Charter amendments; and 5. Clarification of policies to remedy problematic provisions (such as the timelines in the process for filling Council vacancies, the conflicts and provisions about sales to and by the City). Councilmembers discussed the various provisions in the Charter: • Councilmembers discussed write-in candidates and Charter language about nominations of Mayor and Council candidates. It was noted that where there are write-in candidates they are sometimes characterized as “self-nominated” candidates. • Councilmembers discussed how various wording updates will be presented to the voters and whether it works to consolidate specific wording changes conceptually in order to make the ballot questions more efficient. Further work will be done on this point, however, there is a possibility that the specific changes can be grouped topically in a way that meets the requirements for the ballot questions. • Councilmembers discussed the publication requirements in the Charter and what alternatives to publication in a newspaper might work to ensure the public has access to notice information. It was noted that Council can set publication requirements in the City Code so long as minimum Charter requirements are met. • Councilmembers discussed the vacancy provision in the current Charter, which automatically removes a Councilmember from office if that person misses all regular and special meetings within a sixty-day period. There was interest in retaining a reasonable requirement, updated for clarity, addressing that meetings are sometimes cancelled, and informed by other working examples of this type of provision. Councilmembers are interested in discussing this further, with some versions of suggested new language, at another work session. • Councilmembers discussed the current Charter provisions strictly limiting sales from Councilmembers and real estate dealings with employees. There is interest in relying more on conflict of interest protections rather than blanket prohibitions. Councilmembers are interested in seeing proposed language along these lines at another work session. • The need to evaluate how questions are presented and what can be combined or presented together in a single question was discussed throughout the item. Councilmembers would like the next work session discussion to include options for structuring the ballot questions for Councilmembers to provide feedback on. NEXT STEPS There will be a follow-up work session for additional consideration of the items staff has identified, how questions might be structured and any other related information. The work session date has not yet been set. In prior discussions Council has expressed an interest in acting on any Charter amendment ballot questions no later that Spring 2025.