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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