HomeMy WebLinkAboutMemo - Read Before Packet - 12/8/2020 - Memorandum Kelly Dimartino And Carrie Daggett Re: December 8 Work Session - Agenda Item #2 - Possible Charter Amendments
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PO Box 580
Fort Collins, CO 80522
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MEMORANDUM
DATE: December 7, 2020
TO: Mayor & City Councilmembers
THRU: Darin Atteberry, City Manager
FROM: Kelly DiMartino, Deputy City Manager
Carrie Daggett, City Attorney
RE: December 8 Work Session - Agenda Item #2 - Possible Charter Amendments
Attached is the presentation for Agenda Item 2 for Tuesday’s Work Session meeting. Please let
us know if there are any questions.
/sek
Attachment
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December 8, 2020
Charter Amendments
Kelly DiMartino, Deputy City Manager; Delynn Coldiron, City Clerk;
Blaine Dunn, Interim Accounting Director; Teresa Roche, Chief Human Resources Officer
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Discussion Outline
Two Overall Questions:
•What amendments, if any, would Councilmembers like staff to bring forward
for formal consideration?
•What additional information is needed for staff to bring Charter
amendments of interest to Council forward for consideration on January 5,
2021?
•Presentation and Dialogue In Three Sections:
•Election Related Charter Amendments
•Finance Related Charter Amendments
•Organization Related Charter Amendments
•Summary of Decisions and Next Steps
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Election-Related Charter Amendments
1.Selection Date for Mayor Pro Tem
2.Number of Signers on Petition Section
3.Board of Elections Correction
4.Limits on Contributions to Candidates in City Elections
5.Corrupt Practices
6.Council Vacancy Process
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Election-Related Charter Amendments
1.Selection Date for Mayor Pro Tem (MPT):
a)Recommended Amendment of Article II, Section 4 to
conform with Section 1(d).
b)MPT Selection would occur after the recount period ends.
c)Current language is problematic and needs to be updated:
i.Selection timing is prior to new Councilmembers taking
office.
ii.Selection time is before all possible election processes
have taken place.
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Options
Mayor Pro Tem Selection Timing
MPT Selection to be set in conjunction with swearing in:
a)MPT Selection at the first regular or special Council meeting
following certification of election results and after recount
period (under current swearing in schedule); or.
b)MPT Selection on a set date (i.e., the 2 nd regular Council
meeting in May) if change to swearing in date desired.
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Election-Related Charter Amendments
2.Number of Signers on each Petition Section :
a)Recommend Amendment of Article VIII, Section 4(a).
b)Eliminates the reference to the circulator having to certify the
number of signers of a petition.
c)Conforms to a related 2015 Code amendment.
3.Board of Elections
a)Recommended Amendment of Article VIII, Section 5, establishing
the Board of Elections.
b)Municipal Judge → Chief Judge.
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Election-Related Charter Amendments
4.Limit on Contributions to Candidates in City Elections :
a)Consider Amendment of Article VIII, Section 8.
b)Currently prohibits employees from making direct or indirect
contributions or expenditures to support or oppose Council
candidates.
c)Currently prohibits political parties and public service corporations
and others who own, are interested in, or are intending to apply for
any franchise or contract with the city from making direct or indirect
contributions or expenditures to elect or defeat Council candidates.
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Options
Employee Campaign Contribution Limits
•Council may not consider a change to the Section 8 prohibition
on employee campaign contributions needed.
•Council could ask voters to remove this portion of Section 8
from the Charter,allowing Council to adopt new Code limits on
employee contributions if Council so chooses.
•Council may wish to clarify the extent of the prohibition on "indirect
contributions" by:
A. amending the language to remove the prohibition on indirect contributions
or further define what is an indirect contribution; or
B. adopting City Code language interpreting this provision.
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Options
Other Campaign Contribution Limits
•Council may not consider a change to the Section 8 limits on
other campaign contributions needed.
•Council could ask voters to remove this portion of Section 8 from
the Charter,allowing Council to adopt new Code limits on contributions
if Council so chooses.
•If a change to the limits while retaining a Charter provision is desired,
amendments to Section 8 could include:
A. amending the language to remove the limits on indirect contributions; or
B. amending the language to limit rather than ban
contributions.
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Election-Related Charter Amendments
5.Corrupt Practices:
a)Consider Amendment of Article VIII, Section 9 related to penalties
for election -related violations.
b)Concerns arose in 2019 about proportionality of consequences.
i.Disqualifies from holding City office for four years and from City
employment for two years in event of a "conviction" at an
election.
c)Most violations are now civil rather than criminal, so less likely
proportionality will be an issue.No change may be needed.
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Options
Corrupt Practices
•Council may not consider a change to Section 9 needed.
•If a change is desired, amendments to Section 9 could include:
A. amending the language to clarify what is meant by “at a city election;” or
B. amending the language to change the types of offenses that would
trigger the penalties of Section 9.
•Council could ask voters to remove the provisions from the Charter,
allowing Council to adopt Code provisions if Council so chooses.
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Election-Related Charter Amendments
6.Council Vacancy Process :
a)Consider Amendment of Article II, Section 18.
b)Unique timing considerations if near the beginning of a City
election .
i.Vacancy must be filled within 45-days of the occurrence.
•If the 45 -day appointment period ends less than 45 days prior to a
regular City election; and
•The unexpired term is more than 2 years,
•New Council makes the appointment after the election.
c)Changes desired?
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Questions for Council
Election Related Charter Amendments
What amendments, if any, would Councilmembers like staff to bring
forward for formal consideration?
1.Selection Date for Mayor Pro Tem
2.Number of Signers on Petition Section
3.Board of Elections
4.Limit on Contributions to Candidates in City Elections
5.Corrupt Practices
6.Council Vacancy Process
What additional information is needed for staff to bring Charter
amendments of interest to Council forward for consideration on January
5, 2021?
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Finance Related Charter Changes
7.Publication of Audit Data:
•Update for current audit publication timeline
8.Supplemental appropriations:
•Provides clarity
9.Lapsed appropriations:
•Allows non -lapsing treatment for private grants and donations as well
as additional Council flexibility
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What amendments, if any, would Councilmembers like staff to bring
forward for formal consideration?
7.Publication of Audit Data
8.Supplemental appropriations
9.Lapsed appropriations
What additional information is needed for staff to bring Charter
amendments of interest to Council forward for consideration on January
5, 2021?
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Questions for Council
Finance Related Charter Amendments
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Organization-Related Charter Changes
10. Creating more flexibility for the Council to delegate to the City
Manager to determine the City’s organizational structure.
•Provides for more adaptive and resilient organization design
11.Creating more flexibility for the Council to delegate to the City
Manager to determine Residency Requirements
•Allows for more alternative work models for talent attraction and
retention
12.Make corresponding changes to definitions as needed.
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What amendments, if any, would Councilmembers like staff to bring
forward for formal consideration?
11.Creating more flexibility for the Council to delegate to the City
Manager to determine the City’s organizational structure.
12. Creating more flexibility for the Council to delegate to the City
Manager to determine Residency Requirements.
13. Definitions.
What additional information is needed for staff to bring Charter
amendments of interest to Council forward for consideration on January
5, 2021?
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Questions for Council
Organization Related Charter Amendments
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Summary and Next Steps
•Review of Proposed Charter Amendment Changes Going Forward
•Additional Information Needed for January 5, 2021
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