7E - Charter Committee Report~~~~a Charter Committee
Report
Agenda Item VII -D
CiTY OF BOULDER
CITY COUNCIL AGENDA ITEM
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MEETING DATE: August 17, 2004
AGENDA TITLE:
items related to Charter Committce recommendations:
Consideration of a motion to accept the City of Boulder Charter Committee racommendations
conceming submitting to the qualified electors of the City of Boulder at a special municipal
election the question of amending the City Charter to conform with the dates specified in tbe
Constitution of the State of Colorado; conceming further study of the Charter vacancy
provisions; and declining to pursue other changes at ttris time.
PitESE1VTERS:
Charter Committee members:
Tom Eldridge, Deputy Mayor
Andy Schultheiss, Councilmember
Shaun McGrath, Councilmembet
City Manager's O~ce
Frank W. Btuno, City Manager
Alisa D. Lewis, City Clerk
Office of the City Attomey
Ariel Pierre Calonne, City Attorney
Walter W. Fricke, Assistant City Attomey
SUMMARY•
The Charter Committee meets annually to consider possible ballot initiatives. Attachment A reflects
the report from the Charter Committee which recommends one amendment to the Charter.
• A change of the municipal election date to conform to tbe Constitution of tUe State of
Colorado.
Tl~e Committee also recommends holding hearings and giving fiut6er consideration to amending the
Charter provisions wncecning vacancy elections to recognize resignations with an effective date in
the future and to integraate such resignations into the vaoancy election system in a way which wouid,
in some cases, avoid special elections other than on the normal November dete.
AGENDA fiEM~PAGE~
FISCAL IMPACTS:
Budgetary: The conduct of an election in November is incorporated in existing n~sources.
However, a second elecUon which would include campaign finance reform fimding, is not ~,
budgeted. Holding one special election for both purposes, if needed, would provide
significant savings to the City. If two elections were required, the cost could easily exceed
a~s,ooo.
Staff Time: Again, one election is incorporated in existing resources. Additional elections
wouid require significant additional stafl'time.
STAFF RECOA~A'IENDATTON:
Motion to accept the recommendations of the Charter Committee as contained in the Charter
Committee report (Attachmem A).
Approved By:
\Mti
s~~,.~'~c~o~
City Attorney
Approved By:
rank w. Bi,mo
City Managet
ATTACHMENT:
A. Charitr Committee Report
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AG~NDA 1TEM#~PAGE~
Attachment A
CITY OF BOULDER, COLORADO
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Boaldv.ColaoB~ 80306
Telaphooe(303)141-3020
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MEMORANDUM
TO: William R. Toor, Mayor
Members of the City Council
FROM: Councilmember Shaun McGrath
Councilmember Andy Schnltheiss
Councilmember Tom Eldridge
Alisa Lewis, City Clerk
Ariel Piern Calonne, City Attomey
Waltet W. Fricke, Assistant City Attorney
Rosemary L.. Gearhart, Legal Assistant
SUBJECT: C6arter Committee Report
,~-- DA1'E: August 10, 2004
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Iss°es
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The Charter Committee met on June 10, 2004, to consider possible Chsrter amendments.
It met again on July 27.
The issues considered were a Charter amendment to change the municipal election date
to wnform with the TABOR dates as set forth in the Constitution of the State of Colorado;
compensation of Councilmembers participating at meetings concerning City businesa; Charter
changes for filling Council vacancies; and allowing residenu ineligible to vota to be appointed W
Ciry boards and commissions. The committee resolved not to consider changes to
Councilmember compensation, and recommended that the Council as a whole decliae to
consider a Charter amendment allowing non-citizen members to sit on boatds and commissions.
T7~e committee recommends consideration of the possibility of changing Char[er requireme~s
relative to resignadon so that resigning membeis might sometimes be able to do so in a way
which would allow a vacancy election to be held at the most cost effective time, but believes the
matter needs further study.
However, the committee dces recommend placing before the votteis early in 2004 a
Charter amendment changing the dates for municipal elections to coordinate tl~e municipal
general election with the requiiements of TABOR
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AGENDA ITEM IiQJ,~PAGE ~
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Elect-on Date Chanee
Charter Section 22 pmvides that the general municipal election (the odd-year election of
Councilmembers) will be held "the first Tuesday after the fiist Monday in November.' However,
under the Constitution, odd year elections on TABOR (money) matters must be on the "the first
Tuesday of the month.' The date of the municipal election should be consistent with the
TABOR election dates. The City uses the County Clerk to run most of its elections, and t}re
County Clerk is able to save all municipalities holding odd-year November elections money by
holding coordinated elactions. While TABOR does not govem Council elec6ons, it is common
for at least one of tbe Boulder County cities to have a TABOR matter on the ballot along with
the candidate elections. 'ihe year 2005 is the fiist year since TABOR weut into effect that the
first Tuesday in November of aa odd yeaz has not beea preceded by a Monday.
The City could not conUact with the County to hold an election just seven days after the
County had conducted a state coordinated election, as all of its resoiu~ces would still be
committed to the election it had just held. The City would have to hold such an election enw+ely
with its own resources. This would requirc purchase of election equipment, and hiring and
training of staff as needed to hold a stand-alone elecd~.
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The recommended amendment would delete the reference to the "first Tuesday after the "`°
first Monday in November' and replace it with the 'first Tuesday in November of every odd
numbered year.' A draft ordinance, with Charter amendment language and a draft ballot title, is
attached.
Considerable thought was given to the timing of an election on tlris matter. Ordinarily
the recommenda6on would be that it be held as a coordinated election, nm by tbe County Clerk
under contract with the City, as part of the state's geneial election tLis November. That woWd be
the least expensive way to get Uvs issue before Boulder's voters. However, the candidacy of
Mayor Toor for a seat on the Counfiy Commissioq and tbe likelihood of his being elected should
he prevail in the upcoming primary, tips the scales in favor of presenting this Charter amendment
to the voters in conjunction with a speciat election to 511 Mayor Toor's seat. If elected, Mayor
Toor cennot continue to serve on the City Council once he is swom in to County oSce in
January. Under the Charter, a special election has to be held within sixty days of his resignation
to fill lris seat. Under those cucumstances it is less expensive to place the Charter amendment
before the voters ai that same special election While such an election is likely W be more
expensive than a coordinated election in November, liaving only one election is svbstantielly less
expensive than hsving two, which is why, on balance, the committee recommends this cow~se of
acti~.
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aGENDA ITEM ~.~ILpAGE~
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Conclasione
The conclusions of the Charter Committee are that a Charter amendment to deal with
TABOR should be refeaed to the voters at a special election in conjunction with an an6cipated
special election early in 2005.
Attachmems:
E~chibit A: Charier amendment election ordinance concerning change in election date
Exhibit B: Discussion draft Charter amendment concerning Councilmember nsignations
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#GENDA ITN~Mt~.~~AGE~
Exhibit A to
Charter Committee Report
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ORDINANCE NO.
AN ORDINANCE SUBMITTING TO Tf~ QUALIFIED
ELECTORS OF TI~ CITY OF BOULDER AT A SPECIAL
M[JNICIPAL ELECTION TO BE HELD ON , TI~
QUES170N OF AMENDING TIiE CTfY CHARTER TO
COORD3NATE Ti~ DATE FOR'TI~ MUIQICIPAL GENERAL
ELECTION WITH Tf~ CONSTITUTION OF THE STATE OF
COLORADO; SETfING FORTH TI~ BALLOT TITLE; AND
SPECIFI'II~1G TI~ FORM OF TI-~ BALLOT AND OTI~R
ELECTION PROCEDURES.
BE Tf ORDAIIdED BY TI-~ CITY COUNCII, OF Tf~ CITY OF BOULDEIt,
COLORADO:
Sectio . A special municipal election is hereby called to be held in the various precincts
and at the polling places of the City of Boulder, County of Boulder and State of Colorado,
on , between the hours of 7:00 am. and 7:00 p.m. '^~
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Section 2. At that election, there shali be submitted to the electors of the City of Boulder
entitled by law to vote thereon tLe question of making the following aznendment to the City Chattet
(material to be added to the Charter is shown in bold-faced typc. Material to be deleted from the
Charter is shown stricken through with dashes):
Sec. 22. Municipal elections defined.
A general municipai election shall be held in the City of Bouider on , ,
, the first Tuesday eRer-#~e
~4ex~ay-in November of every odd numbered year-~e~, and shall be lmown as the
general municipal election. All other municipal elections shall be known as special municipal
elections.
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K:~CCEI.~OELEGTION DATE YEf..DOC r,/
aGENDn~TEM#~3.1PAGE ~
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The official ballot punch card and the official absentee ballot shall contain the following
ballot tiUe, which shall also be the designation and submission clause for the measure:
QUESTION NO.
AMENDMENT OF TI-IE MUNICIPAL GENERAL ELECTION DATE TO
CONFORM WITH THE CONSTITUTION OF THE STATE OF COLORADO
Shall Section 22 ofthe Charter be amended to change the date ofthe general municipal election fiom
the first Tuesday after tbe first Monday in November of each odd-numbered year to the first Tuesday
in eac6 odd-numbered year in order to allow Boulder elections to confo~m with the dates specified in
the Constitu6on of the State of Colorado7
For the measure _ Against the measure _
Section 3. ff a majority of all ihe votes cast at the election on the measure submitted shail be
'"' for the measure, the measure shall be deemed to have passed and shall be effective upon passage.
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Section 4. The election shall be conducted under the ptovisions of tbe Colorado
Constitution, the charter sod ordinanccs of the city, the Boulder Revised Code, 1981, a~ this
ordinance, and all contrary provisions of the statutes of the State of Colorado are hereby supeaseded.
Section 5. 'The city clerk of the City of Boulder shall give public notice of the election in tl~e
manner required by law for Charter amendments.
Section 6. The notice of the election shall include the ballot tiUe.
Section 7. The officers of the city are authorized to take all action necessary or appropriate to
effectuate the provisions of tttis ordinance.
Z".~• K:ICCELI6EIEC770N DATE.YEL.DOC
AGENDA ITEM #~AGE=1_
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Secfon . If any section, paragraph, clause, or provision of this ordinance shall far az-y
reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining
provisions of tlris ordinance.
Section 9. This ordinance is necessary to protect the public health, safety and welfare of the
residents of the city, aad covers matters of local wncem.
Section ] 0. The council deems it appropriate tl~at ttris ordinancc be published by title only
and orders that copiea of thia ordinance be made available in the office of the city clerk for public
inspection and acquisition
INTRODUCED, READ ON FIRST READING, ANA ORDERED PUBLISHED BY TfTl,E
ONLY tLis _ day of , 20
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Atta9t:
City Clerk on behalf of the
Director of Financc and Record
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED
BY T1TLE ONLY this _ day of , 20
MaY~
Attest:
City Clerk on behaif of tbe
Director of Finance and Re~ord
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K 1CCELIPAECTION DA7E.YELDOC .,,,/
4GENDA 17'EMfi._(~(;~PAGE~Q,.
_ Exhibit B to _
Charter Committee Report
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SCC.B. V8C8IICIC3.
A vacsncy shall exist in the council whenever a duly elected council member fa~s to qualify
within ten days after notice of the election, dies, resigus, removes &om the ciiy, is absent from Sve
consecutive regular meetings of the council unless foimally excused therefrom, is convicted of a
crime or felony while in office, or is judicially declared a lunatic; or, in case of a recall, no successor
is elected, or if elected, fails to qualify.
In case of vacancy, the remaining council members shall, by majority vote, by resolution call
for a special election to fill the vacancy, to be held on a Tuesday within sixty days of the vacancy,
exceptthat:
~,"° (a) Any vacancy occurring less than one hundred twenty-one days prior w a general
~° municipal election but more than seventy-five days before that election shall be filled at that election
and not by special elec;Gon;
(b) If the seat of a council member which will not otherwise be on the ballot at We next
general municipal election becomes vacant within seventy-5ve days before t6at electioq the council
shall provide for a special election W occur on the second Tuesday after the fust Monday in January
of the next year,
(c) Any vacancy occurring less than one hundred twenty-one days prior to a state p~imary or
general election but more than seventy-five days before that election shall be filled at a special
election held on the day of that election;
(d) Any vacancy occwring within seventy-Sve days before a state primary elaction s6all be
filled at a special election to occur on the first Tuesday afler the first Monday in November of thet
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(e) Any vacancy occurring witLin seventy-five days before a state general election shall be
filied az a speciai election to occur oa the first Tuesday after the first Monday in January of tl~e next
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~GENUA ITE~4I~~PAGE~
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A resimation announced more ihan seventv_five davs before ~he neact ¢eneral mLTM+icin~l `"~
twentv Avc of a~ ch eler+'on for he ~ of avin An el ion to fill c~~h +±!~ in the moct
cost efficient wav.
The immination of candidates to be voted for ai such special election, the publication of
notice, and tbe conduct of the same sliall all be in conformity with t6e provisions of this chazter
relating to elections, but the council shall, in the resolution calling for the special election, adjust the
times for checking petidons, wrrecting or replacing sig~atures, completion and filing of petitions,
withdrawal from nomination, and certification and filing of the list of candidates, as may reasonably
be required to accommodate the date set for tbe election
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~.GENDA 11TEM#$,~PAGE~
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' i2003 COUNCIL GOALS: LEAD COUNCILMEMBERS: ~
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Community Sustainability
Economic Sustainability:
Environmental Sustainability:
Transportation:
Affordable Housing:
Robin Bohannan, Crystal Gray,
Shaun McGrath and Andy Schultheiss
Shaun McGrath, Gordon Riggle and
Mark Ruzzin
Tom Eldridge and Mark Ruzzin
Andy Schultheiss and Jack Stoakes
Robin Bohannan and Tom Eldridge
REGIONAL ORGANIZATIONS:
Boulder County Consorlium of Cities:
Boulder County Regional Tra~it Cortunittee:
Boulder Valley School District Issues:
Colorado Municipal League (CML):
Denver Regional Council of Governments (DRCOG):
Metro Mayors Caucus:
Resource Conservation Advisory Boerd:
Rocky Flats Coalition of Local Govemmenis:
Tra~it Alliance:
Univers-City Issues:
US 36 Mayors and Commission Coalitioo:
REGIONAL STUDIFS•
Norlh Front Range EIS:
Northwest Metro EIS:
~~ US 36 EIS:
~.... Diagonel Corridor Transit Study:
LOCAL ORGAIVIZATIONS:
Boulder Museum of Contemporary Art (BMoCA):
Boulder Convention and Visitors Bureau:
Dairy Cenler for the Arla:
Downtowo Business lmprovement Dislrict Board:
Housing Aulhoriry:
INTERNAL CITY COMMITTEES:
Audil Commullee: ~
Budget Committee:
Charler Comtniuee:
Evaluatioo Coordineto~s:
Technology:
Valmont Butle:
Civic Usd9th & Canyon
SISTER CITY REPRESENTATTVES:
Jalape, Nicaragus:
Llasa:,'ISbet
Dushanbc, Tajikislan:
„._ Yamagala,]apan:
"„~,,, Manlq Mexko:
Yatags, Cube:
Mark Ruv.in, slternate Tom Eldridge
Will Tooq alternale Jack Stoakeg
Crystal Grey and Andy Schulthei~
Shaun McGrath, alternete Amy Mueller
Wiil Toor, alteroete Jack Stoakes
Will Toor, alternste Tom Eldridge
L~sa Morzel, alternete Crystsl Gray
Shaun McGrath, alternates Amy Mueller and Alice Gulhrie
Jack Stoekes, alternale Amy Muelkr
Tom Eldridge, Cryslal Grey, Gordon Riggle, Mark Ruzzin
Will Toor, alternale Jack Stoakes
Tom Eldridge, allemete Amy Mueller
Andy SchWtheiss, aiternale Amy Mueller
Will Toor, alternate Shaun McGrath
Tom Eldridge, allernsle Will Tour
cry5~i c~y
Gordon Riggk, alternste ]ack Stoakes
Robin Bohannao, allemele Jack Stoakrs
Mark Ruzzin atd Andy SchWtheiss
Robin Bohannro
Gordon Riggle and Mark Ruzan
Tom Etdridge, Cryslal Gny, Jack Sloakes
Tom Eldridge, Sheun McGrath, A~dy Schuliheias
Robin Bohanna and Gordon Riggle
Gordon Riggle and Mark Ruuin
Tom Eldridge and Cryslal Gray
Crystat Grey and ]ackStoekes
Shaun McGrelh
Robin Bohannen
]ack Stoakes
Mark Ruvin
Tom Eldridge
Crystal Grey
UpdNed: ~