HomeMy WebLinkAboutMemo - Mail Packet - 11/10/2020 - Memorandum From Delynn Coldiron Re: District 4 Council Vacancy
City Clerk
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221.6295 - fax
fcgov.com
M E M O R A N D U M
DATE: November 5, 2020
TO: Mayor and City Councilmembers
THROUGH: Darin Atteberry, City Manager
Kelly DiMartino, Deputy City Manager
Carrie Daggett, City Attorney
FROM: Delynn Coldiron, City Clerk
REGARDING: District 4 Council Vacancy
In preparation for Mayor Pro Tem Stephens’ anticipated move to her newly elected office of
Larimer County Commissioner, we are seeking Council input on the process that might be used
to fill the vacancy.
Bottom Line:
Staff has added an item to the November 24 work session to give Councilmembers an
opportunity to discuss the desired appointment process as well as the process that will be used to
select a new Mayor Pro Tem.
Detail about the process used in 2019 to fill the District 1 vacancy left when Councilmember
Overbeck was elected as the Larimer County Assessor is provided herein. The attached timeline
includes updated dates to reflect what the process could look like if Council chooses to use the
same process this round.
Requirements for Filling Vacancy:
Article II, Section 18 of the Charter of the City of Fort Collins defines what creates a vacancy,
and requires that any vacancy on the Council, except for the office of Mayor, must be filled
within 45 days. In this case, this date will be calculated based on either the receipt of a
resignation tendered by Mayor Pro Tem Stephens, or the date she assumes her new office,
whichever occurs first. The person appointed to fill the vacancy will serve until the next regular
election (April 2021), when the electors of District 4 will elect a new District 4 representative to
finish out Mayor Pro Tem Stephens’ current term.
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District 4 Vacancy
November 5, 2020
Page 2
There is an exception to the above providing that if the time for filling the vacancy by
appointment falls within 45 days prior to the regular election (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.
In the event the two 45-day periods described above overlap, the exception provision would
apply. In this case, Mayor Pro Tem Stephens would need to submit a resignation no later than
January 6, 2021 to enable the existing Council to appoint a successor. Otherwise, the newly
constituted Council will fill the vacancy following their election, within 45 days of taking office.
Process for Filling Vacancy:
In the past, City Council determined that the vacant seat should be filled through an application
process. I have attached a copy of the last application used. The Council may move forward
with the application and selection process whenever Council finds appropriate, although an
appointment cannot be effective until the seat is vacant and Council will need to meet in a
regular or special meeting to make the selection. The selected applicant could be sworn in any
time after the vacancy is effective.
If Council chooses to follow a similar process as last time, applications will be made available to
the public as early as possible. An example timeline for the process is attached, subject to
further direction or change based on when we either receive a letter of resignation from Mayor
Pro Tem Stephens or she assumes her new office.
The vacancy will be advertised through:
A press release in the Coloradoan
A press release in the Collegian
City’s website
FCTV
Social media: Facebook, Twitter and Nextdoor
Other options or suggested outlets
Applications will be filed with the City Clerk’s Office, accompanied by a notarized affidavit and
financial disclosure statement. The information will be compiled and provided to Council for
review.
Qualifications for District 4 Applicants
To be eligible for appointment to the District 4 Council seat, applicants must meet the following
qualifications:
United States citizen;
A registered voter in the city for one year immediately prior to the appointment;
At least 21 years of age;
A resident of Council District 4; and
Never convicted of a felony.
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District 4 Vacancy
November 5, 2020
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If the appointee (or any other qualified person) plans to seek election to the seat in April 2021,
they must file a nomination petition no later than February 16, 2021.
Potential Council Selection Process
Attached is the process used by Council for the last selection process, which has been updated
for use in this process, if Council desires. The process took place in two separate meetings and
included:
Applicant Interviews at a work session following the first regular meeting in January.
o All candidates were interviewed individually.
o Interviews were limited to 20 minutes.
Public input and Council selection at the following regular meeting.
o Public input was also accepted through:
A Feedback Form on the City’s website.
Emails to Council.
Facebook and Nextdoor
Written letters.
Formal swearing in of the appointee at an adjourned meeting the last week of January.
Recognizing that we will also need to address committee and board and commission liaison
appointments, I am attaching a list of Mayor Pro Tem Stephens’ appointments.
Please let us know if you have any questions.
Attachments:
Example Application
Example Timeline
Example Process Based on Last Process
Board and Commission Liaison Appointments – Mayor Pro Tem Stephens
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APPLICATION FOR COUNCILMEMBER – DISTRICT 4
APPLICATION DEADLINE: 5:00 p.m. on December 18, 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 1
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):
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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.
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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
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EXAMPLE TIMELINE TO FILL
2021 DISTRICT 4 VACANCY
DATE
ACTION
November 24, 2020
Council Work Session to discuss process for filling the Council
vacancy and selecting a new Mayor Pro Tem
As soon as possible.
Begin advertising.
December 18, 2020
Deadline for applications.
December 30, 2020
Candidate information emailed to Council and posted on the
City webpage/then included in Council packets.
January 5, 2021
If resignation has been received, conduct applicant interviews as
part of a work session following the regular meeting. (January
12 is an alternate date for applicant interviews).
January 6, 2021
45 days before pre-election 45-day window begins.
(By this date, a resignation or vacancy through assuming new
office must have occurred, or new Council will appoint the
successor once they are seated.
January 12, 2021
Commencement of term for County office.
January 12, 2021
Conduct applicant interviews if not done on January 5.
January 19, 2021
Council consideration of a Resolution recommending appointee.
January 26, 2021
Formal swearing in of new Councilmember at adjourned
meeting.
February 20, 2019
45 days before April 6 election.
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EXAMPLE COUNCIL SELECTION PROCESS
FOR FILLING DISTRICT 4 VACANCY
This example process for filling the District 4 vacancy has been patterned from the last process
used for filling the District 1 vacancy in 2019 (Resolution 2018-129 is attached). The process is as
follows:
Step 1. Application Process:
November 25, 2020 - begin advertising for the vacancy. This could include:
o 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.
o Press releases in both the Coloradoan and the Collegian.
o Advertisements in the Coloradoan over the following two weeks.
o FCTV announcements.
o Social media outreach.
o Nextdoor post to District 4 residents.
o Other options or suggested outlets.
December 18, 2020 – application deadline.
All application materials could be posted for public review as part of the January 5, 2021
Council Agenda and would be provided to City Council on Wednesday, December 30.
Step 2. Candidate Interviews.
January 5, 2021 at a work session following the regular meeting.
o January 12, 2021 is an alternate date.
All candidates may be interviewed individually.
20 minutes could be allowed for each interview broken down as follows:
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.
If a large number of applicants are 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. Council would make no decisions at the January 5, 2021 work
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session regarding the applicants moving forward to the next step of the process. If
necessary, Council could continue interviews at the January 12 Work Session.
Step 3. Input and Selection.
January 19, 2021 at the regular meeting.
Public comment could be collected through:
o A Feedback Form on the City’s website.
o Emails to Council.
o Facebook and Nextdoor
o Written letters.
The public would also have opportunity to provide public comment on the appointment.
The Mayor might ask Council to use a series of motions to focus the selection process.
Once a candidate has been identified, Council could consider a motion to adopt the
Resolution. The Resolution would contain a blank for Council to insert the appointee ’s
name.
Council may wish to consider a motion to adjourn the January 19, 2021 meeting to January
26, 2020 so oath of office can be given to the chosen candid ate.
Step 4. Swearing In of Appointee.
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 19 vote on the appointment.
Formal swearing in of the appointed Councilmember could be planned to take place at an
adjourned Council meeting on Tuesday, January 26, 2020.
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Current Committee Appointments and
Liaison Assignments of Kristin Stephens
Council Committees:
Ad Hoc Direct Reports Compensation Committee
Ad Hoc Housing Committee
Election Code Committee (Alternate)
Ethics Review Board
Futures Committee (Alternate)
Legislative Review Committee (Alternate)
Board and Commission Liaison Assignments:
CDBG Commission
Retirement Committee
Transportation Board
Youth Advisory Board
Other Committees:
Library Trustee Selection Committee
National League of Cities Human Development Committee
North College Urban Renewal Ad Hoc Committee (Alternate)
North Front Range Metropolitan Planning Council
North I-25 Coalition
North I-25 Coalition Working Group: I-25 Funding Committee
Poudre Fire Authority Board of Directors
Regional Transportation Coordination Task Force Policy Advisory Committee
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