What to know about the 3 Fort Collins charter amendments on the November ballot

Charter amendments are changes to the City Charter, the document that lays out the powers, functions and procedures of the city government.

There are three Fort Collins charter amendments on the November ballot, referred to the voters by City Council.

Read on to learn what's being proposed to change in the City Charter and why.

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Charter Amendment 1: To align Fort Collins' policies about felons running for office or serving in office with the Colorado Constitution

What it would do: The City Charter currently blanket disqualifies anyone convicted of any felony from running for or serving on City Council. A "yes" vote would align the City Charter with Colorado law, which allows people convicted of most felonies to run for office or serve on council.

The Colorado Supreme Court and the 10th Circuit Court of Appeals have affirmed that the right to seek and hold public office is a fundamental civil right under federal and state law. The Colorado Constitution says that upon completion of a prison sentence, rights of citizenship, such as the right to run for public office, are automatically restored.

If the charter amendment passes, it will conform to Colorado law, which disqualifies only people convicted of one of these five felonies from running for office:

• embezzlement of public monies

• bribery

• perjury

• solicitation of bribery

• subornation of perjury

Why the city has proposed this amendment: The city is responding to a letter from the American Civil Liberties Union informing them that the city code unlawfully prohibits anyone “convicted of a felony from running for or holding a position on City Council” and has a provision that “creates a vacancy when a council member is convicted of a felony or after the City Clerk determines as much after receiving a written protest.”

Colorado’s branch of the ACLU successfully sued the city of Aurora in 2021 for a similar provision.

A person convicted of a felony still wouldn't be permitted to run for city office or serve on City Council while incarcerated.

What happens if it doesn't pass? Fort Collins could be vulnerable to a lawsuit like the one Aurora faced and lost.

Ballot language: "Shall Section 2 and Section 18 of Article II of the Charter of the City of Fort Collins, disqualifying anyone convicted of any felony from running for or serving on City Council, be amended to conform the City Charter to the Colorado Constitution, which specifies felonies resulting in disqualification from office in Colorado (currently including embezzlement of public monies, bribery, perjury, solicitation of bribery and subornation of perjury)?"

Charter Amendment 2: To reconcile contradictions in the referendum process and clarify steps

What it would do: This charter amendment would clean up and clarify the referendum and petition process and "eliminate inconsistency in language," according to the ballot language.

Why has the city proposed this amendment: Following a referendum process in December to repeal the council-approved land development code, the City Clerk asked council to consider potentially confusing and contradictory language laying out the process followed for referendum petitions. Formatting changes were also proposed to simplify information about the requirements for petitions and make the charter language more readable.

The changes make clear that once the city clerk certifies a referendum effort, it suspends the actions of the ordinance in question, pending council repeal or voter repeal. It also clarifies the timing of steps that should occur in the process.

What happens if it doesn't pass? The contradictions will remain in the City Charter.

Ballot language: "Shall Section 2 and Section 5 of Article X of the Charter of the City of Fort Collins, regarding the referendum process and petition process, be amended to eliminate inconsistency in language and make clear that certification of a referendum petition as sufficient stays the impact of the referred ordinance, that Council may consider a referendum petition at a special meeting called for that purpose, and making other clarifying and organizing edits to make those provisions more readable and understandable?"

Charter Amendment 3: To give City Council authority to set residency requirements for city department directors

What it would do: The City Charter currently says certain city leaders must live either in city limits, the city's growth management area, or within five miles of the GMA. This amendment would remove the language from the City Charter. City staff would immediately bring the same language that is in the charter to City Council so they can approve an ordinance for City Code. Putting it in the City Code gives council the authority to change it in the future, rather than relying on voter approval.

The positions affected include the city clerk, directors of a city service area or a group of city service areas, deputy city managers, assistant city managers, and city department heads. An organizational chart presented to City Council showed 44 positions affected by the requirement.

What about city manager? The residency requirement for city manager would remain in the charter and can be changed only by a vote of residents.

Why has the city proposed this amendment? In a presentation to City Council, a staff report said as the city organization has grown and its operations have changed, the requirement has resulted in a lack of equity among city employees.

The resolution referring the issue to the ballot says City Council wants more flexibility for the city’s workforce. It also says the council believes residency requirements should be established by written agreement with an employee or in the Fort Collins Municipal Code.

While it wasn't offered as a reason for the change, City Manager Kelly DiMartino told council at a May work session that the city strictly adheres to the rule, which has resulted in employees not being able to apply for jobs or take interim director roles.

What happens if it doesn't pass? The requirement will remain in the City Charter and can only be changed in the future by a vote of Fort Collins residents.

Ballot language: "Shall the Charter of the City of Fort Collins, specifically Article II, Section 12, and Article IV, Section 3, regarding residency requirements, be amended to remove specific requirements that specified City employment position types live in or near Fort Collins, which requirements currently may only be amended by the electorate, and allow the City Council to establish such requirements by ordinance or by employment agreement for employees reporting directly to the City Council?

This article originally appeared on Fort Collins Coloradoan: Fort Collins 2023 election has charter amendments. Here's what to know