HomeMy WebLinkAbout062 - 04/18/2023 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO AORDINANCE NO.062,2023
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 ARTICLE II OF THE CITY CHARTER
CONFORMING THE LIMITS ON HOLDING
COUNCIL OFFICE TO THE LIMITS IN THE COLORADO CONSTITUTION
APPLICABLE TO THOSE WITH DISQUALIFYING FELONY CONVICTIONS
WHEREAS,Article IV,Section 8 of the Charter of the City of Fort Collins (“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 2 of the Charter (“Section 2”)currently disqualifies from
running for or serving on City Council any person convicted of any felony;and
WHEREAS,Article II,Section 18 of the Charter (“Section 18”)currently states that a
vacancy exists when a Councilmember is convicted of a felony or is declared by the City Clerk,
more than sixty days after the date of issuance of the certification of such Councilmember,to have
previously been convicted of a felony pursuant to a written protest filed under Section 2;and
WHEREAS,the U.S.Court of Appeals for the Tenth Circuit and the Colorado Supreme
Court have determined that the right to seek and hold public office is a fundamental civil right
under federal and state law,respectively;and
WHEREAS,under Colorado law,individuals lose the rights to vote and run for public
office during their incarceration for a felony conviction,and upon completion of a sentence,rights
of citizenship,such as the right to run for public office,are automatically restored;and
WHEREAS,Colorado Constitution Article XII,Section 4,provides a permanent exception
to the restoration of rights applies where the underlying felony conviction was for one of five listed
crimes:
a.Embezzlement of public monies;
b.Bribery;
c.Perjury;
d.Solicitation of bribery;or
e.Subornation of perjury;and
WHEREAS,broad and permanent disqualifications from office for any felony conviction,
like that included in the Charter,have been subject to criticism and legal attack in recent years;
and
WHEREAS,the City of Aurora recently lost a lawsuit challenging its broad
disqualification provision based on the conflicting provision in the Colorado Constitution;and
WHEREAS,Council desires to amend the Charter to address the legal issue posed by the
current overbroad disqualification of those with any felony conviction from running for or serving
on the City Council.
NOW,THEREFORE,BE if 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 Section 2 and Section 18 of Article
II of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No.1”at the regular municipal election to be held on Tuesday,November 7,2023:
ARTICLE II.
CITY COUNCIL
Section 2.-Qualifications of candidates and members;challenges.
(b)No person prohibited by the Colorado Constitution from serving in public office in Colorado
shall be eligible to be a candidate for,or hold,the office of Councilmember.
Section 18.-Vacancies.
(a)A vacancy exists when a Councilmember:
(5)is convicted of a felony that disqualifies the Councilmember from serving in public
office in Colorado under the Colorado Constitution,or is declared by the City Clerk,more than
sixty (60)days after the date of issuance of the certificate of election of such Councilmember,
to have previously been convicted of a disqualifying felony pursuant to a written protest filed
under Section 2 of this article;or
Section 3.That the following ballot title and submission clause are hereby adopted for
submitting Proposed Charter Amendment No.1 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO.1
Shall Section 2 and Section 18 of Article II of the Charter of the City of Fort Collins,
disqualifying anyone convicted of any felony from running for or serving on City
Council,be amended to conform the City Charter to the Colorado Constitution,
which specifies felonies resulting in disqualification from office in Colorado
(currently including embezzlement of public monies,bribery,perjury,solicitation
of bribery and subornation of perjury)?
Yes/For
No/Against
Introduced,considered favorably on first reading,and ordered publish-d this 4th day of
April 2023,and to be presented for fin
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th
ATTEST:
the 18t ‘ay of April,202
1
,2023.
City Clerk