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HomeMy WebLinkAbout10812RESOLUTION NO. 10812 A RESOLUTION OPPOSING THE STATE OF COLORADO 2006 BALLOT ISSUE, AMENDMENT 38, TO THE COLORADO CONSTITUTION THAT WOULD INSTITUTE CHANGES IN THE PETITIONING PROCESS AND WOULD HAVE NEGATIVE IMPACTS ON THE OPERATIONS OF THE CITY OF PUEBLO AND ALL ITS AUTHORITIES, ENTERPRISES, AND RELATED GOVERNMENT ENTITIES SEVERELY AFFECTING THE GENERAL WELFARE OF PUEBLO CITIZENS WHEREAS, an initiated constitutional amendment, Amendment 38, to the Colorado Constitution, has been certified for consideration by the electors of the State of Colorado at the coordinated election to be held on November 7, 2006; and WHEREAS, Amendment 38 proposes to implement a new petitioning process in Colorado that would supercede and overrule all conflicting provisions of the Colorado Constitution, Colorado Statutes, and the City Charter of the City of Pueblo; and WHEREAS, Amendment 38 contains an exceedingly broad definition of "districts" that appears to include all authorities, enterprises, and related governmental entities of the City of Pueblo that function to provide a standard of living for the citizens of Pueblo; and WHEREAS, Amendment 38 apparently grants authority to petition certain governmental entities that have never before held elections, such as enterprises and authorities, and if they have never conducted an election, it is unclear how anyone would be able to compute the 5% signature requirement for Secretary of State; and WHEREAS, Amendment 38 would constitutionally bar ordinances from taking effect until 91 days after publication, and if a referendum provision were to be filed before the 91 st day, it would further delay the effective date of the ordinance and make a referendum the preferred device for citizens opposed to local government decisions, and that could impede or bring the local government services to a standstill for Puebloans; and WHEREAS, Amendment 38 prohibits the discussion of a pending ballot issue by an employee, and if an employee were to answer a question about a pending ballot issue, both the employee and the City would each be required to pay the State general fund $3,000; and WHEREAS, Amendment 38 is an extremely bad choice for the citizens of Pueblo, other municipalities, and the State of Colorado for the reasons set forth above. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Pueblo City Council hereby opposes the ballot question, Constitutional Amendment 38, which will be offered to the registered electors of the State of Colorado for approval on November 7. 2006. SECTION 2. This Resolution becomes effective on final passage and approval. BY Jeff Chostner Councilperson APPROVED: �•� President of City Council ATTESTED BY: CITY CLERK INTRODUCED September 11, 2006 LF Background Paper for Proposed RESOLUTION ,A3Z (D. - -hL X090, AGENDA ITEM it (P DATE: September 11, 2006 DEPARTMENT: OFFICE OF THE CITY MANAGER DAVE GALLI, CITY MANAGER DOUG FITZGERALD, ASSISTANT CITY MANAGER TITLE A RESOLUTION OPPOSING THE STATE OF COLORADO 2006 BALLOT ISSUE, AMENDMENT 38, TO THE COLORADO CONSTITUTION THAT WOULD INSTITUTE CHANGES IN THE PETITIONING PROCESS AND WOULD HAVE NEGATIVE IMPACTS ON THE OPERATIONS OF THE CITY OF PUEBLO AND ALL ITS AUTHORITIES, ENTERPRISES, AND RELATED GOVERNMENT ENTITIES SEVERELY AFFECTING THE GENERAL WELFARE OF PUEBLO CITIZENS ISSUE In November 2006, the voters of Colorado will have the opportunity to vote for or against Amendment 38, commonly know as "Petitions Amendment," that would make major changes to Colorado's initiative and referendum law. This proposed constitutional amendment could potentially create severe personal liability for municipal officials and employees, as well as permit a small number of individuals in the community to delay or force elections on ordinances with which they disagree. This amendment creates a wide - open initiative and referendum process in Colorado that would have a negative affect on government services and financial strains on Pueblo and other municipalities within the State. RECOMMENDATION This Resolution is at the recommendation of the Colorado Municipal League. FINANCIAL IMPACT Due to the potential local government responsibilities, such as printing and delivering petitions, delays in government services, personal liabilities of local officials and the governments, and other provisions in the Amendment, the financial impact could be substantial. A firm dollar amount is not known at this time.