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8639 - AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF BOULDER AT THE SPECIALK:\CCCO\o-8639 3rd Rdg-3608.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 8639 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF BOULDER AT THE SPECIAL MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, THE QUESTION OF WHETHER TO AMEND SEC. 130 OF THE BOULDER HOME RULE CHARTER TO AUTHORIZE CITY COUNCIL TO SET BY ORDINANCE THE TERMS AND CRITERIA OF BOARD AND COMMISSION MEMBERS AND AMEND THE LANGUAGE REGARDING REMOVAL OF BOARD AND COMMISSION MEMBERS; SPECIFYING THE FORM OF THE BALLOT AND OTHER ELECTION PROCEDURES; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. A special municipal coordinated election is called to be held on Tuesday, November 5, 2024. Section 2. At that election, a question shall be submitted to the electors of the city of Boulder entitled by law to vote, that will allow voters to determine whether to amend Sec. 130 authorizing City Council to set the terms and criteria of board and commission members and amend the language regarding removal of board and commission members. The material to be removed is shown stricken through with a solid line and the material to be added is shown as underlined. Sec. 130. - General provisions concerning advisory commissions. The council by ordinance may create and provide for such advisory commissions as it may deem advisable. (a)Effective January 1, 2025, the council may, by ordinance, establish appointive boards and commissions. The ordinance establishing such boards and commissions shall: K:\CCCO\o-8639 3rd Rdg-3608.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1)prescribe the powers, duties, and operating procedures of the board and commission; (2)establish the terms of office of the board or commission members, including initial overlapping terms, if needed; (3)establish the eligibility criteria of board and commission members; and (4)state whether the board or commission shall have alternate members authorized to vote when serving in the absence of regular members. (b)In the absence of an ordinance specifying the terms set forth in subsection (a) above, each board and commissionExcept as otherwise specified in this charter, each of the existing advisory commissions, shall be composed of five city residents. For any advisory commissions appointed after January 1, 2019, the council shall specify in the ordinance forming the advisory commission whether the commission shall have five or seven members, for any advisory commission created by ordinance adopted in March 2018, the council may, by subsequent ordinance, specify that the commission shall have seven members. All members of a commission shall be appointed by the council, not all of one gender identity, who are well known for their ability, probity, public spirit, and particular fitness to serve on such respective commissions and who are at least eighteen years old, and who have resided in the city of Boulder for at least one year immediately prior to their appointment to serve on the commission. All commissions shall hold regular monthly meetings. When first constituted, the council shall designate the terms for which each member is appointed so that the term of one commissioner shall expire on December 31 of each year; and thereafter the council shall by March of each year appoint one member to serve for a term of five years. The council shall have the power to remove any commissioner for non-attendance to duties or for cause. All vacancies shall be filled by the council. When first appointed and annually thereafter following the council's appointment of the commissioner, each commission shall organize by appointing a chair, a vice-chair, and a secretary; all commissioners shall serve without compensation, but the secretary of any commission, if not a member, may receive a salary to be fixed by the council; any commission shall have power to make rules for the conduct of its business. (c)All board or commission members shall serve until their successors are appointed. (d)The council may remove members for nonattendance to duties, conduct unbecoming a member, and any other reason not prohibited by law. Any vacancy during the unexpired term of any member shall be filled by the council for the remainder of the term. Each board and commission shall choose its own officers from among its members. The council may change any or all of the powers, duties, and procedures of any board or commission not set by this Charter and may abolish any board or commission which is not required by this Charter or law. Special meetings may be called at any time upon due notice by a majority of the members. A majority of the members shall constitute a quorum, and the affirmative vote of at least a majority of the members shall be necessary to authorize any action by the commission. All commissions shall keep accounts and records of their respective transactions, and at the end of each quarter or more often, if requested by the council, and at the end of each fiscal year K:\CCCO\o-8639 3rd Rdg-3608.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall furnish to the council a detailed report of receipts and expenditures and a statement of other business transacted. The chair of a commission shall preside at the meetings thereof and sign, execute, acknowledge, and deliver for the commission all contracts and writings of every kind required or authorized to be signed or delivered by the commission. The signature of the chair shall be attested by the secretary. The commissions shall have the right to the floor of the council to speak on plans and expenditures proposed or to appeal for a decision in a failure to agree with another commission or the manager. Wherever there shall be suitable accommodations in the city building, the offices of the commissions shall be maintained there. Section 3. The official ballot shall contain the following ballot title, which shall also be the designation and submission clause for the measure: Ballot Question No. ____ Shall Sec. 130 of the Boulder Home Rule Charter be amended to authorize City Council to set the terms and criteria of board and commission members and amend the language regarding removal of board and commission members as more specifically provided in Ordinance 8639? For the Measure ____ Against the Measure ____ Section 4. This Ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 5. The City Council deems it appropriate that this Ordinance be published by title only and orders that copies of this Ordinance be made available in the office of the city clerk for public inspection and acquisition. K:\CCCO\o-8639 3rd Rdg-3608.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 1st day of August 2024. ____________________________________ Aaron Brockett, Mayor Attest: _________________________________ City Clerk READ ON SECOND READING, AMENDED AND PASSED, this 15th day of August 2024. ____________________________________ Aaron Brockett, Mayor Attest: _______________________________ City Clerk READ ON THIRD READING AND ADOPTED this 5th day of September 2024. ____________________________________ Aaron Brockett, Mayor Attest: ______________________________ City Clerk