HomeMy WebLinkAbout025 - 03/17/1998 - AMENDING THE CITY CODE TO ESTABLISH A PROCEDURE FOR RESOLVING PROTESTS CHALLENGING THE QUALIFICATION ORDINANCE NO. 25, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE 1I, DIVISION 1 OF THE CITY CODE
TO ESTABLISH A PROCEDURE FOR RESOLVING PROTESTS CHALLENGING
THE QUALIFICATIONS OF COUNCILMEMBERS
WHEREAS, on April 8, 1997, the electorate of the City approved certain amendments to the
City Charter; and
WHEREAS, among such amendments was an amendment to Article II, Section 2(d) of the
Charter pertaining to the qualifications of Councilmembers; and
WHEREAS, said Article II, Section 2(d)provides that any registered elector may file with
the City Clerk a written protest challenging the qualifications of any member of the City Council and
that such protests shall be resolved by the City Clerk as expeditiously as possible, but no more than
forty-five(45)days from the date of filing of the protest, pursuant to a procedure established by the
Council by ordinance; and
WHEREAS, the Council wishes to amend Chapter 2, Article 11, Division 1 of the Code so
as to establish such procedure.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that Chapter 2, Article 11, Division 1 of the Code of the City of Fort Collins is hereby
amended so as to add a new Section 2-18, which shall read in its entirety as follows:
Sec. 2-18 Challenges to councilmember qualifications.
a. Any registered elector of the City may file with the City Clerk a written
notice of protest challenging the qualifications of any member of the Council,
which notice of protest shall include a statement of the grounds upon which
such protest is based. No protest shall be filed prior to the date of
appointment or the date of issuance of the certificate of election of a
Councilmember, whichever is applicable, nor shall any such protest, other
than a protest based upon the fact of a felony conviction, be filed more than
fifteen (15) days after said date.
b. Within five (5) working days of the date of the City Clerk's receipt of any
written protest challenging the qualifications of a member of the Council, the
City Clerk shall set a date for the hearing of such protest as expeditiously as
possible and shall mail,by certified mail, return receipt requested, a notice of
the time, date and place of such hearing, together with a copy of the notice
of protest and the statement of the grounds upon which such protest is based,
to all members of the Council and to the person filing the notice of protest.
C. In order to resolve any protest filed under the provisions of this Section, the
City Clerk shall have the power to subpoena witnesses, administer oaths, and
require the production of evidence. At the hearing on the protest, the City
Clerk shall receive such evidence as may be offered by the Councilmember(s)
affected by such protest and the person(s) filing the protest, and such other
evidence the City Clerk may consider relevant and necessary to a
determination of the protest. Within no more than forty-five(45) days from
the date of filing of the notice of protest, the City Clerk shall mail, by
certified mail,return receipt requested, written findings to all members of the
City Council and to the person filing the protest. The City Clerk's decision
as to the merits of the protest shall be final.
d. If the City Clerk upholds any such protest and determines that any
Councilmember lacks one or more qualifications for office required by the
Charter, the affected Councilmember(s) shall be so notified in writing and
said Councilmember shall immediately, upon the mailing of such notice,
forfeit his or her office,whether or not lie or she has taken the oath of office,
and the vacancy thereby created shall be filed in the manner described in
Article VIII, Section 6 of the Charter.
Introduced, considered favorably on first reading, and ordered shed this 3rd day of
March, A.D. 1998, and to be presented for final passage on the 17th`` adof March, A.D. 19
Mayor -
ATTEST:
�d
City Clerk
Passed and adopted on final reading this 17th day Qf-marc D. 199
Mayor !�
ATTEST:
City Clerk