HomeMy WebLinkAbout064 - 04/15/2025 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED CHARTER AMENDORDINANCE NO.064,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING ARTICLES II,IV AND XIII OF THE
CITY CHARTER RELATED TO ALIGNMENT WITH AMENDED OR
FURTHER DEVELOPED LAWS AND REMOVING
INCONSISTENCIES
A.The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City.The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B.Over time,Charter provisions may become obsolete,contradictory,or
warrant change to address current needs or trends.
C.Article IV,Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado.Colorado Revised Statutes Section 31-
2-210 provides that charter amendments may be initiated by the adoption of an ordinance
by the City Council submitting a proposed amendment to a vote of the registered electors
of the City.
D.On February 27,2024,the City Council adopted Resolution 2024-024,
which adopted a Council priority to modernize and update the City Charter.Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis,there is a need to modernize and update the City Charter,which has not
been done in over 25 years.
E.City staff has worked to identify and develop options for specific Charter
language to be updated and modernized.
F.At its May 14,2024,work session,the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments;update language in the Charter to be inclusive;focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G.City staff presented various options,including the possible groupings of
amendments,to City Council at work sessions held on December 10,2024,and January
28,2025.
H.At its January 28,2025,work session,the Council provided positive
feedback to staff in support of considering an ordinance that poses a ballot question that
will align the Charter language with amended or further developed laws,helping to
minimize the need to update the Charter with future legal developments,and remove
inconsistencies to avoid confusing the public.
I.Proposed revisions to Article II Section 8 regarding limits on Council
campaign contributions continue to prohibit a political party,public service corporations,
and persons or entities with city contracts from contributing to any City Council election,
while recognizing that some political speech is protected by the U.S.or Colorado
constitution.
J.Proposed revisions to the definitions article of the Charter (Article XIII)
specify which City employees are prohibited from contributing to Council elections for
consistency with state law and correspond to changes in Article II.
K.Proposed revisions to Section 11 of Article II incorporate state law provisions
regarding City Council executive sessions.
L.Proposed revisions to Section 5 of Article IV clarify that City records are
available for public inspection and disclosure consistent with state open records laws.
M.If there are multiple Charter amendments approved for the November 2025
ballot,the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
N.The Council finds that these proposed revisions to Articles II,IV,and XIII of
the City Charter,regarding changes to the Charter that will align it with amended or further
developed laws,removing inconsistencies and minimizing the need for future Charter
updates,are for the benefit of the people of Fort Collins,and the Council desires to
present the amendments to Articles II,IV,and XIII,set forth below to the voters for
approval at the November 4,2025,municipal election.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.That the following proposed changes to Articles II,IV and XIII of the
Charter of the City of Fort Collins shall be submitted to the registered electors of the City
as a Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4,2025:
ARTICLE II.CITY COUNCIL
Section 8.Campaign contributions.
(a)Council to set limits.The Council will act by ordinance to establish a limit on the
amount that any person or entity may contribute in support of a candidate for Council
on the ballot at any city election.
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(b)Employee contributions.It is unlawful for any confidential o policy-level employees of
the city to contribute or expend any money or other valuable thing,directly or indirectly,
to assist in the election or defeat of any Counc I candidate
(c)Other contributions.No It is unlawful for any political party or city omployoo,directly
or indirectly,and no public service corporation,nor any other person,firm or
corporation,owning,interested in,or intending to apply for any franchico or a contract
with the city to may contribute or expend any money or other valuable thing,directly
or indirectly,to assist in the election or defeat of any Counci candidate,except to the
extent protected as free speech under the Cons i ution of the United States or the
Constitution of the state of Cob ado.
Section 11.Meetings,quorum,executive session.
By two-thirds (2/3)vote of those present and voting,the Council may go into executive
session,which shall be closed to the public.Executive sessions may only be held to:
(1)discuss personnel matters;or
(2)consult with attorneys representing the city regarding specific legal questions
involving litigation or potential litigation and/or the manner in which particular
policies,practices or regulations of the city may be affected by existing or
proposed provisions of federal,state or local law;or
(3)consider water and real property acquisitions and sales by the city;or
(4)consider electric utility mailers if such matters pertain to issues of competition in
the electric utility industry7;or
(5)discuss and consider any other mailer authorized by the Colorado Open
Meetings Law,Section 24-6-401 Colorado Rev sed Statutes,as amended.
ARTICLE IV.GENERAL PROVISIONS
Section 5.Records to be public.
All-oCity records shall be available for public inspection,as required and permitted by
Colorado law.subject only to reasonable restrictions.Upon payment of a reasonable foe,
a copy org certified copy of any city rocord shall be fumishod by the custodian thereof.A
certified copy of any city record shall be prima faoio evidence of its contonto.
ARTICLE XIII.DEFINITIONS.
Certain words and phrases used in this Charter are hereby declared to have the following
meanings:
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“Confident al employee”means a public employee requ red to develop or present
management positions with respect to employer-employee relations,or whose duties
normally require access to confidential information,or to contribute significantly to
decision-making on management po&tions.
“Policy level emp oyee”means a public employee with significant decision-making
responsibi itiés to formulate policies or programs,or administer a service area or
~partment.
Section 2.That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO._
Shall Articles II,IV,XIII of the Charter of the City of Fort Collins be amended to
improve consistency with amended or further developed laws and removing
inconsistencies,in order to minimize conflicts between the Charter legal
developments,by:
Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to
Council elections for consistency with state law;
o Continue to prohibit a political party,public service corporations,
and persons or entities with city contracts from contributing to any
City Council election,while recognizing that some speech is
protected by the U.S.or Colorado constitution;
•Adding definitions to Article XIII to correspond to the changes to Article II;and
•Adding language to Section 11 of Article II incorporating state law provisions
regarding City Council executive sessions;and
•Clarifying language in Section 5 of Article IV that City records are available for
public inspection and disclosure consistent with state open records laws?
_______Yes/For
_______No/Against
Introduced,considered favorably on first reading on April 1,2025,and approved
on second reading for final passage on April 15,2025.
ATTEST:
Effective Date:April 25,2025
Approving Attorney:Carrie Daggett
Mayor ProThfn