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HomeMy WebLinkAbout120 - 08/03/1999 - AMENDING CITY CODE WITH REGARD TO THE POSTING OF PUBLIC NOTICE OF THE MEETINGS OF COUNCIL COMMITTEES ORDINANCE NO. 120, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-32 OF THE CITY CODE WITH REGARD TO THE POSTING OF PUBLIC NOTICE OF THE MEETINGS OF COUNCIL COMMITTEES WHEREAS,the City Council has heretofore established a number of three-member Council committees; and WHEREAS, the Council has annually appointed individual Councilmembers to serve on these committees; and WHEREAS, the Council has also appointed individual Councilmembers to serve on committees consisting of other persons in addition to the Council members, such as the Poudre School District Liaison Committee and the Colorado State University Liaison Committee; and WHEREAS, Section 2-32 of the City Code requires that all "meetings" of City Council committees shall be open to the public,and that any such meeting at which any formal action could occur or at which a majority or quorum is in attendance. or is expected to be in attendance, shall be held only after full and timely notice to the public; and WHEREAS,the definition of a"meeting,"under Section 2-26 of the City Code,includes any gathering of a quorum or three or more members, whichever is fewer, at which any public business is discussed(except chance meetings or social gatherings at which the discussion of public business is not the central purpose); and WHEREAS, two Council members constitute a quorum of a three-member Council committee; and WHEREAS, these Code provisions may be read as requiring public notice whenever two Council members serving on the same committee contact one another for the purpose of discussing any public business, even if the discussions are not related to the purposes for which the committee was established; and WHEREAS,such a public notice requirement is unreasonable and was never intended when the foregoing Code provisions were adopted by the Council; and WHEREAS,the Council believes that the provisions of Section 2-32 ofthe City Code should be amended so as to require that public notice be given only as to those committee meetings where formal action may be taken by the committee, and that such changes should be made retroactive to the original date that the foregoing Code section was enacted; and WHEREAS, the enactment of laws pertaining to the conduct of meetings of City Council members is a matter of purely local concern. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-32 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-32. Open meetings/notice. (a) Except as otherwise provided in § 2-31, all meetings of the City Council and all meetings of City Council committees shall be open to the public.Any meeting of the City Council at which any formal action could occur or at which a majority or quorum is in attendance,or is expected to be in attendance, shall be held only after full and timely notice to the public. No formal action shall be taken by any City Council committee except at a meeting held after full and timely notice to the public. For the purpose of these provisions, adopting a regular meeting date and filing a statement with the City Clerk shall be considered full and timely notice. In the case of meetings held on call or irregularly, the filing of a notice of the meeting with the City Clerk at least twenty-four (24) hours before the time of such meeting shall be full and timely notice. The City Clerk shall make all such notices available to all interested members of the public. (b) No ordinance,resolution,rule,regulation or other formal action of the City Council,and no formal action of a City Council committee,shall be valid unless taken or made at a meeting that meets the requirements of subsection (a) of this section. Section 2. That Section 2-35 of the Code of the City of Fort Collins is hereby added and shall read as follows: Sec. 2-35. Removal from meetings. The City Council shall have the power to cause persons to be removed from a City Council meeting or a City Council committee meeting if any person fails to comply with the requirements of the presiding officer in maintaining order during the meeting. Section 3. That the amendment contained in Section 1 of this Ordinance shall take effect, nunc pro tunc, as of September 25, 1992. Introduced and considered favorably on first reading and ordered publisb.cd this 20th day of July, A.D. 1999, and to be presented for final passage on the 3rd day of August, A.D. 1999. Mayor ATTEST: City Clerk Passed and adopted on final reading this 3rd day of August, A.D. 1999. Mayor ATTEST: — 1Z11- 1�el� 17�0-)-/-5 City Clerk - CK f/' r Y``11r