HomeMy WebLinkAbout1006 - OPPOSING proposed Amendment 38 to the Colorado Constitution (aka the "Petitions" Amendment) cRESOLiTfION NO. 1006
A RESOLUTION OPPOSING PROPOSED AMENDMENT 38 TO THE
COLORADO CONSITUTION (ALSO KNOWN AS THE "PETITIONS"
AMENDMENT) CONCEIiNING COLORADO'S INITIATIVE AND
REFERENDUM PROCESS
WHEREAS, an iniuated constitutional amendment, Amendment 38 to the Colorado
Constitution, has been certified for consideration by the voters of the State of Colorado at
the November 7, 2006 election; and
WHEREAS, this measure conflicts with, and proposes to supersede, numerous provisions
of the U.S. and the Colorado Constitutions, existing state statutes and local laws, and the
citizen-adopted Charters of home rule cities that have effectively balanced the rights of
the minority with the desires of the majority for over one hundred and twenty-five years;
and
WHEREAS, this measure seeks to drastically lower the standards for placing measures
on the ballot such that the ability for ciUes to provide everyday municipal government
operations and services would be pazalyzed; and
WHEREAS, this measure would allow a disproportionately small number of
disenchanted people to force municipalities to hold costly special elections at the expense
of Colorado ta~cpayers; and
WHEREAS, this measure will discourage job-producing businesses and industry from
locating in Colorado's cities because of the delay and uncertainty inherent in the
decision-making processes of our elected ]ocal government officials; and
WHEREAS, this measure, if adopted, will become the subject of extensive litigation, all
at great cost and expense to the ta~cpayers, and will ultimately be found to violate various
sections of the U.S. Constitution, including the free speech rights of municipal
employees; and
WHEREAS, this measure would force local governments, at the expense of all taacpayers
regardless of whether they support or oppose the proposed measure, to print and deliver
petitions to anyone who asks and to subsidize the efforts of proponents by printing and
mailing their 1,000 word statement to every registered voter in the municipality while
denying equal treatment to those who may oppose the measure; and
WHEREAS, this measure would make public officials strictly liable for any honest
mistakes they may make in reviewing petitions and imposes an automatic $3,000 penalty
for such mistakes, which will make it extremely difficult, if not impossible, to get any
public employee to do this work; and
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WHEREAS, the existing process for initiating and referring new laws in Colorado is one
of the most liberal in the United States; and
WHEREAS, this measure is a very bad choice for the citizens of the metro azea and the
State of Colorado for all the reasons set forth above;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOUDER, COLORADO, THAT the Boulder City Council does hereby
declare its opposition to, and urges a NO vote on, the ballot question known as
"Petitions", Constitutional Amendment 38, which will appeaz on the November 7, 2006
election ballot.
Resolved this 3`d day of October, 2006. '
Mayor
Attest
City Clerk on beh f f the
Director of Finance and Record
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