HomeMy WebLinkAbout08972
City Clerk’s Office Item # R-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 8, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE V OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 5-1-11 RELATING
TO THE REQUIREMENTS FOR INITIATIVES
SUMMARY:
Attached is an Ordinance which makes revisions to Chapter 1 of Title V of the City Municipal Code
by the addition of a new Section 5-1-11 relating to the requirements of Initiatives. Specifically, the
Ordinance imposes a “single subject” requirement on initiatives and limits initiatives to legislative
matters. Initiatives which contain administrative matters are prohibited.
PREVIOUS COUNCIL ACTION:
At a work session on January 11, 2016, Council endorsed the “single subject” concept but did not
express support for a broader ordinance concerning initiatives which proposed the creation of an
Initiative Review Committee and Title Board. Council requested that staff draft a revised ordinance
which was narrower in scope.
BACKGROUND:
While the Colorado Constitution (Art. V Sec. 1(5.5) and Art. XIX Sec. 2(3)) and Colorado statutes
(C.R.S. 1-40-106.5) impose a single subject requirement for state-wide initiatives, Pueblo is a
home rule city and state law does not govern city initiatives. If Council supports the “single subject”
requirement, it will be necessary to amend the Pueblo Municipal Code to make it applicable to
City initiatives.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The lack of a City “single subject” requirement could result in voter confusion concerning initiated
measures.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
ORDINANCE NO. 8972
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE V OF THE
PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW
SECTION 5-1-11 RELATING TO THE REQUIREMENTS FOR
INITIATIVES.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Chapter 1 of Title V of the Pueblo Municipal Code, as amended, is hereby amended by
the addition of a new Section 5-1-11 to read as follows:
Sec. 5-1-11. Initiative Requirements.
(a) Legislative Finding: The City Council hereby finds that a single
subject requirement for initiatives is necessary to prohibit the practice whereby
diverse and unrelated matters are passed as one matter because no single matter
could be passed on its own merits. Council further finds that this single subject
limitation on initiatives submitted for voter approval facilitates concentration on
the meaning and wisdom of the proposal preventing surprise and deception as to
the matter being put to a vote. The Council hereby further finds that people have
the right to petition their government through the initiative process. However,
neither the Colorado Constitution nor the City Charter reserves to the people the
right to exercise executive or administrative powers.
(b) Single Subject Initiative Required: The City Clerk shall ensure that
initiatives contain only single subjects to enable voters to understand the subject
matter of the initiative. Matters proposed for submission to the electorate must
be necessarily or properly connected and not disconnected or incongruous.
(c) Legislative Versus Administrative Matters: The City Clerk shall
ensure that initiatives contain only legislative matters as authorized by the
Colorado Constitution and City Charter. Initiatives which contain only
administrative matters shall be rejected by the City Clerk. If a proposed initiative
contains both legislative and administrative matters, then the City Clerk shall
sever the administrative matters from the proposed initiative.
SECTION 2.
If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance or of Chapter 1, Title V of the Pueblo Municipal Code.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 4.
This Ordinance shall become effective thirty (30) days after final passage.
INTRODUCED February 8, 2016
BY: Ed Brown
PASSED AND APPROVED: February 22, 2016