HomeMy WebLinkAbout077 - 07/15/2008 - AMENDING SECTIONS 2-30, 2-32 AND 2-34 OF THE CITY CODE PERTAINING TO NOTICE OF PUBLIC MEETINGS OF TH ORDINANCE NO. 077, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 2-30, 2-32 AND 2-34 OF THE CODE OF THE CITY
OF FORT COLLINS, PERTAINING TO NOTICE OF PUBLIC MEETINGS
OF THE CITY COUNCIL AND CITY COUNCIL COMMITTEES
WHEREAS,the City Council has determined that the provisions contained in Sections 2-30,
2-32 and 2-34 of the Code of the City should be amended to provide more clarity as to the notice
requirements that govern the Council in conducting meetings at which formal action can occur;and
WHEREAS, in view of the fact that the Council recognizes and places high value upon
conducting its business in public and with full and timely notice, the Council has determined that
the amendments accomplished by this Ordinance are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Sections 2-27 through 2-30 of the Code of the City of Fort Collins is
hereby amended to read as shown below:
Sec. 2-27. Official meetings.
No formal action of the City Council shall be taken except at a regular or
special meeting called and held in accordance with the provisions of this Division.
See. 2-28. Regular meetings.
(a) Regular meetings of the City Council shall be held on the first and third
Tuesdays of each month unless any such regularly scheduled meeting is canceled by
a majority vote of the City Council.If any such meeting date is a national holiday,the
regular meeting shall be on the preceding Monday. Such meeting shall commence at
6:00 p.m. The City Council may adjourn any regular meeting to a later date by
majority vote of its members.
(b) The place of such meeting shall be the Council Chambers of the City Hall
unless the City Council,by majority action of a quorum of its members, directs that
a meeting be held elsewhere.
Sec. 2-29. Special meetings.
(a) Special meetings of the City Council may be held at any time on call of the
Mayor or a majority of the City Council.Notice of such call of meeting shall be given
by the City Clerk in writing to each member of the City Council at least twenty-four
(24)hours before the time scheduled for the meeting. Such notice shall set forth the
time and place of the meeting and the purpose in calling such meeting. Such notice
shall be delivered to the members of the City Council in person, by mail, by fax or
by electronic mail.
(b) If any member of the City Council has given written or verbal notice to the
City that such member will be out of town on the date of any special meeting called,
then notice of such special meeting need not be delivered to such City
Councilmember.
(c) Notwithstanding the foregoing provisions,no additional notice of any special
meeting shall be required to be given to any member of the City Council who is
present at a regular meeting of the City Council when such special meeting was
scheduled by the City Council.
(d) If notice of a special meeting is delivered to the members of the City Council
in a manner other than in person as provided in Subsection(a)above,the City Clerk
shall request each Councilmember to acknowledge receipt of such notice within a
specified period of time. If the City Clerk does not receive acknowledgment of
receipt from an individual Councilmember within the period of time specified by the
City Clerk, then the City Clerk shall deliver another notice of such meeting to said
Councilmember, in person, no less than twenty-four (24) hours before the time
scheduled for the meeting.
Sec. 2-30. Meeting agenda.
(a) The City Manager shall, in consultation with the Mayor and the Mayor Pro
Tem,prepare the agenda for all regular and special meetings of the City Council.The
agenda shall include all items requiring City Council action. Whenever possible,
there shall be submitted with the agenda all facts necessary for the City Council to
properly study the item and make a decision. To this end, the City Manager may
include his or her recommendation on items to be considered.
(b) The agenda for all regular Council meetings shall be posted on the City's
website no later than the Thursday immediately preceding the meeting. Any
additional topics that may be the subject of formal action at a regular Council
meeting shall be posted as provided in § 2-34 no less than twenty-four (24) hours
before the meeting at which formal action may be taken. When available, agenda
information for special Council meetings shall also be so posted.
(c) The agenda for City Council meetings may include a consent calendar.
Matters of a noncontroversial nature requiring City Council action, including
ordinances, may be placed on the consent calendar portion of the agenda,provided
that the title of any ordinance placed on the consent calendar shall be read prior to
action by the City Council on the consent calendar. Any City Councilmember, the
City administration,any citizen or any interested parry may request at any time prior
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to action by the City Council on the consent calendar that an item be removed and
considered as a separate item by the City Council.Prior to action by the City Council
on the consent calendar,the presiding officer of the City Council shall advise persons
present of the right to request removal of any item for separate consideration. If a
request is made to remove an item from the consent calendar, the item shall be
removed and the presiding officer shall place such item on the agenda for that
meeting at an appropriate place for separate action. After removal of all items for
which a request was made for removal,the City Council shall consider the remaining
items on the consent calendar by one (1) motion. The vote of each City
Councilmember on the motion shall be considered that City Councilmember's vote
on each individual item on the consent calendar.
Section 2. 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 of meetings.
(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.
(b) 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. For purposes of this
subparagraph(a),full and timely notice of regular and special Council meetings shall
be accomplished by compliance with the provisions contained in§§2-28(a),2-30(b)
and 2-34, as applicable.
(c) Meetings of City Council committees at which any formal action could occur
shall be held only 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 or in the event of any change to a regular meeting date on file with the
City Clerk,the posting of a notice of the meeting pursuant to § 2-34 at least twenty-
four(24) hours before the time of such meeting shall be full and timely notice.
(d) 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 Subsections (a) and (b)
above and unless public notice of the item acted upon has been provided as required
in Section 2-30(b). Notwithstanding the foregoing and notwithstanding the notice
requirements of Section 2-30(b), final action may be taken on an item for which no
public notice has been given if the City Council first finds, by majority vote, that
postponing the item to a subsequent meeting would be contrary to the public interest.
For the purposes of this provision,notice of a particular topic to be considered by the
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City Council shall be sufficient to authorize any action of the City Council reasonably
related to that topic.
Section 3. That Subsection 2-33(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-33. Minutes of meetings.
(a) Except as provided below with regard to executive sessions,minutes
shall be maintained of all regular and special meetings of the City Council held
pursuant to Section 2-28 or 2-29 and of all meetings of Council committees,and such
minutes shall be open to public inspection. The minutes of meetings at which
executive sessions are held shall reflect the topic of discussion at the executive
session.
Section 4. That Section 2-34 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-34. Place of posting.
The vestibule at the south entrance of City Hall West, 300 LaPorte Avenue,
is designated as the proper place for the posting of public notice of:
(a) any agenda items for regular City Council meetings that were not included in
the published agendas for such meetings,
(b) special meetings of the City Council and agenda information for such
meetings when available, and
(c) meetings of City Council committees for which public notice is required to
be given pursuant to § 2-32(c), and agenda information for such meetings when
available. When possible, all such notices should also be posted on the City's
website.
Introduced,considered favorably on first reading,and ordered published this 1 st day of July,
A.D. 2008, and to be presented for final passage on the 15th day ly, A.D. 2008.
Mayo
TEST:
City Clerk
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Passed and adopted on final reading on the 15th day of J D. 2008.
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Mayor
ATTEST:
City Clerk
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