HomeMy WebLinkAbout089 - 07/19/2022 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO T Ordinance Defeated on First Reading
July 19, 2022
ORDINANCE NO. 089, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS PROPOSED AMENDMENTS TO THE CITY CHARTER CONCERNING THE
REQUIREMENT THAT CERTAIN EMPLOYEES
LIVE IN OR NEAR FORT COLLINS
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (the “Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, 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 of Fort Collins; and
WHEREAS, Article II, Section 12 of the Charter requires that the City Clerk reside in the
Fort Collins Urban Growth Area while serving as the City Clerk; and
WHEREAS, Article III, Section 1 of the Charter requires that the City Manager reside in
the city limits of Fort Collins while serving as the City Manager; and
WHEREAS, Article IV, Section 3 of the Charter concerns a residency requirement that
applies to directors of City service areas or groups of City service areas, deputy city managers, and
assistant city managers and compels such employees to reside within the Fort Collins Urban
Growth Area; and
WHEREAS, Article IV, Section 3 of the Charter also concerns a residency requirement
that applies to City department heads and compels department heads to live within five miles of
the City limits as measured in a prescribed manner;
WHEREAS, the COVID-19 pandemic disruption to how work is performed has led to
massive shifts in the way that employees and their employers think about work and the way that
work is now performed; and
WHEREAS, the City Council is of the opinion that more flexibility is warranted for the
City’s workforce than the current residency requirements allow and that some high level City
positions should be required to live within or in close proximity to the City; and
WHEREAS, the City Council is of the opinion that residency requirements that apply to
City employees should be established by written agreement with an employee or in the Fort Collins
Municipal Code, which would allow for the City Council to set the requirements by ordinance;
and
WHEREAS, accordingly, the City Council desires to submit to the Fort Collins electors
the Charter amendment below.
Ordinance Defeated on First Reading
July 19, 2022
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Article II, Section 12, Article III,
Section 1, and Article IV, Section 3, of the City Charter shall be submitted to the registered electors
of the City as “Proposed Charter Amendment No. 4” at the November Election:
ARTICLE II. CITY COUNCIL
. . .
Section 12. City Clerk.
With the approval of the Council, the City Manager shall appoint a City Clerk who shall
act as Clerk of the Council. The City Clerk shall:
(1) give notice of Council meetings;
(2) keep a journal of Council proceedings;
(3) authenticate by his or her signature and permanently record in full all
ordinances and resolutions; and
(4) perform other duties required by this Charter or by the City Manager.
. . .
ARTICLE III. CITY MANAGER
Section 1. Appointment, qualifications.
The Council shall appoint and fix the compensation of a City Manager, who shall be the
chief executive officer and head of the administrative branch of the city government. The
City Manager shall be appointed on the basis of his or her executive and administrative
qualifications, with special reference to actual experience in and knowledge of accepted
practice in respect to the duties of the office.
No member of Council shall be appointed City Manager during the term for which he or
she has been elected nor within one (1) year after the expiration of such term.
. . .
ARTICLE IV
GENERAL PROVISIONS
. . .
Section 3. – Residency requirement
The City Council may establish any residency requirement that applies to one or more
specified City employee positions by ordinance [approved by two-thirds (2/3) of those
present and voting].
Ordinance Defeated on First Reading
July 19, 2022
. . .
Section 3. That the following ballot title, with its title and submission clause, is hereby
adopted for submitting Proposed Charter Amendment No. 4 to the voters at the November
Election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 4
(Residency Requirements)
Shall the Charter of the City of Fort Collins, specifically Article II, Section 12, Article III,
Section 1, and Article IV, Section 3, regarding residency requirements, be amended to
remove specific requirements that City employees in certain positions live in or near Fort
Collins, which currently may only be amended by the electorate, and instead allow the City
Council to establish such requirements by ordinance [approved by two-thirds (2/3) of those
present and voting].
Yes/For
_____ No/Against
Introduced, considered favorably on first reading and ordered published this 19th day of
July, A.D. 2022, and to be presented for final passage on the 16th day of August, A.D. 2022.
Mayor Pro Tem
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of August, A.D. 2022.
Mayor
ATTEST:
City Clerk