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Fort Collins Ballot Issue 2E

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City-Initiated Ballot Question 2E


Should Articles 2, 4, & 8 of the Charter of the City of Fort Collins, be changed to improve consistency with changed or further developed laws, and removing inconsistencies, in order to minimize conflicts between the Charter legal developments, by: 

  • Changing Section 8 of Article 2, about contributions to City Council elections to: 

    • Specify which city employees are prohibited from contributing to Council elections for consistency with state law; 

    • Continue to prohibit a political party, public service corporations, and persons or entities with city contracts, from contributing to any City Council election, while also recognizing that some speech is protected by the U.S. or Colorado constitution;

  • Adding definitions to Article 8, to correspond to the changes of Article 2; and 

  • Adding language to Section 11 of Article 2, incorporating state law provisions, regarding City Council executive sessions; and 

  • Clarifying the language in Section 5 of Article 4, that City records are available for public inspection and disclosure consistent with state open record laws 


Options are:


______Yes/For 


______No/Against 


Summary: 

This Charter Amendment has three parts, each aiming to better align the City’s charter with state and federal laws. 


First, the current Charter language prohibits all City employees from contributing to City Council elections. Colorado statutes provide that local governments must allow employees to participate fully in political activity. The law allows limits on political activities of public employees with policy-making responsibilities. Other provisions address how the City may restrict political activity of those interested in City Council elections. This Charter amendment aligns the Charter language about supporting and opposing City Council candidates with state and federal constitutions and statutes.


Second, the current Charter language allows the City Council to go into executive session to discuss specific topics confidentially, including personnel matters, legal matters, water and real property acquisitions and sales by the city, or matters of competition for electric utility matters (including broadband). This Charter amendment updates the language to allow executive sessions for any other matter authorized by the Colorado Open Meetings Law.


Third, the current Charter language requires that City records be available for public inspection subject only to reasonable restrictions. This charter amendment updates the City’s records requirements to coordinate with the Colorado Open Records Act.




What this all means

This is a city-started charter amendment that wants to update three parts of the city's charter to be less conflicting with existing state and federal laws. This ballot question just basically wants to make less potential legal conflicts between the city of Fort Collins and others. 


These are the three main changes:

1. Helping the city employee contribution rules align with state law better

Current law: The city's current charter stops all city employees from contributing to City Council elections.

Problem: This cover-all prohibition is conflicting with state statutes, which can allow public employees to be a part of political activity. The state law only allows limits on employees who have policymaking responsibilities.

Proposed change: This amendment would change the charter to specify which city employees are not allowed to make contributions, in alignment with state law. It would also continue to not allow political parties, public service corporations, and entities with city contracts from contributing, while knowing constitutional protections for free speech. 

2. Updating the rules for executive sessions:

Current law: The current charter specifies a small list of topics the Fort Collins City Council can discuss confidentially in executive session (for example: legal matters, personnel, real estate).

Proposed change: This amendment would add a more flexible provision, allowing the council to go into executive session for any other matter allowed by the state's Colorado Open Meetings Law. This makes sure the city's rules for private meetings remain consistent with state law. 

3. Clarifying requirements for the public records: 

Current law: The current charter states that city records are available for public inspection, which is subject only to "reasonable restrictions."

Proposed change: This amendment would update the language, to coordinate directly with the Colorado Open Records Act (CORA). This ensures that the city's rules for disclosing public information are in line with current state law. 


What a yes or no vote means:


A "Yes/For" vote supports amending the city charter to make the three changes listed above, bringing the charter into alignment with state and federal laws, and also making the confusing language better.


A "No/Against" vote opposes these changes, which would leave the confusing language in the charter.


Linked Ordinances:

Dictionary terms:

In the context of the city of Fort Collins, "charter" refers to the city's foundational legal document, which functions as its local constitution

A branch that is made up of the House and Senate, known collectively as the Congress

A law enacted by the legislative branch of a government

An act of a corporation or of its founder intended as a permanent rule

An international instrument setting up an agency and regulating its scope or authority

The act or practice of establishing policy

Relating to, inherent in, or affecting the constitution of body or mind

Of, relating to, or entering into the fundamental makeup of something

An organization (such as a business or governmental unit) that has an identity separate from those of its members

Belonging to the branch of government that is charged with such powers as diplomatic representation, superintendence of the execution of the laws, and appointment of officials and that usually has some power over legislation (as through veto)

 To name or state explicitly or in detail

Intended for or restricted to the use of a particular person, group, or class

The act or process of providing

The fact or state of being prepared beforehand

A measure taken beforehand to deal with a need or contingency 

An arrangement of groups or forces in relation to one another

Equal in rank, quality, or significance

Being or using an agent (such as a tablet or liquid) that contains a usually red dye that stains dental plaque

Agreement or harmony of parts or features to one another or a whole

Harmony of conduct or practice with profession



 
 
 

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