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HomeMy WebLinkAboutMemo - Read Before Packet - 12/20/2022 - 3 - Council Meeting Staff Report – Referendum Process Overview – December 20, 2022City Clerk 300 Lap orte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk elections@fcgov.com 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