HomeMy WebLinkAbout11010
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ORDINANCE NO. _11010
AN ORDINANCE SUBMITTING TO THE ELIGIBLE
ELECTORS OF THE CITY OF PUEBLO, COLORADO AT
THE REGULAR MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 4, 2025 A PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF PUEBLO AND FIXING THE
BALLOT TITLE THEREFOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
There is hereby submitted to a vote of the registered electors of the City of Pueblo
at the regular municipal election to be held on November 4, 2025 a proposed amendment
to the Charter of the City of Pueblo, more particularly set forth in Section 3 of this
Ordinance.
SECTION 2.
This ballot title (submission clause and title) for the proposed Charter Amendment
set forth in Section 3 hereof is hereby fixed and adopted as follows:
BALLOT QUESTION NO. - CHARTER AMENDMENT
(Change Form of Government to Council-Manager)
SHALL THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO
CHANGE THE FORM OF GOVERNMENT FROM A COUNCIL-MAYOR
GOVERNMENT TO A COUNCIL-MANAGER GOVERNMENT, AND IN
CONNECTION THEREWITH: REQUIRING THAT THE CITY COUNCIL -
CITY MANAGER FORM OF GOVERNMENT NOT BE CHANGED EXCEPT
BY CHARTER CONVENTION UPON MAJORITY VOTE OF QUALIFIED
VOTERS; ELIMINATING THE OFFICE OF CITY MAYOR, DEPUTY
MAYOR AND CHIEF OF STAFF AND ESTABLISHING THE OFFICE OF
CITY MANAGER TO BE SELECTED BY CITY COUNCIL, IN WHICH ALL
EXECUTIVE AND ADMINISTRATIVE POWERS OF THE CITY SHALL BE
VESTED; GIVING CITY COUNCIL THE POWER TO APPOINT ALL CITY
BOARDS AND COMMISSIONS WHOSE MEMBERS WILL BE LIMITED
TO FOUR-YEAR TERMS; REMOVING THE PROHIBITION AGAINST
CITY COUNCIL INTERFERING IN THE REMOVAL OF MEMBERS OF
CITY BOARDS AND COMMISSIONS; RECOGNIZING THE PRESIDENT
OF THE CITY COUNCIL AS HEAD OF CITY GOVERNMENT FOR ALL
CEREMONIAL PURPOSES AND AUTHORIZING THE PRESIDENT OF
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THE CITY COUNCIL TO EXECUTE AND AUTHENTICATE LEGAL
DOCUMENTS AS MAY BE REQUIRED; GIVING THE CITY COUNCIL THE
RIGHT TO ENFORCE ITS OWN ORDINANCES; GIVING CITY COUNCIL
THE POWER TO APPOINT THE CITY CLERK AND MUNICIPAL COURT
JUDGES; ALLOWING CURRENT AND FORMER MEMBERS OF THE
CITY COUNCIL TO BECOME CITY MANAGER OR CITY EMPLOYEES
AFTER THE FIRST YEAR FOLLOWING THE EXPIRATION OF THEIR
TERMS OF OFFICE; AUTHORIZING CITY COUNCIL TO DIRECT THE
CITY ATTORNEY TO INSTITUTE LAWSUITS; ALLOWING THE
FUNCTIONS OF THE DEPARTMENT OF AVIATION BE DETERMINED
BY RESOLUTION; MANDATING THAT THE CITY COUNCIL - CITY
MANAGER FORM OF GOVERNMENT TAKE EFFECT IMMEDIATELY
UPON APPROVAL OF THIS CHARTER AMENDMENT BY THE
REGISTERED ELECTORS OF THE CITY OF PUEBLO AND PROVIDING
THAT THE CITY COUNCIL SHALL APPOINT AN INTERIM CITY
MANAGER.
YES
NO
SECTION 3.
There is hereby submitted to a vote of the registered electors of the City of Pueblo
at the regular municipal election to be held on November 4, 2025 an amendment to the
Charter of the City of Pueblo, as follows: (brackets indicate matter being deleted,
underscoring indicates new matter being added):
ARTICLE 1
General Provisions
Section 1-2. Form of Government
The Municipal Government provided by this Charter shall be known as the \[“Mayor-
Council\] “City Council-City Manager Government," and shall not be changed except in
accordance with the laws of the State of Colorado and provisions of this Charter, by
Charter Convention upon majority vote of the qualified voters. Pursuant to its
provisions and subject only to limitations imposed by the State Constitution and by this
Charter. Pursuant to its provisions and subject only to limitations imposed by the state
constitution and by this Charter, all executive powers of the city shall be vested in \[an
elected Mayor\] the City Manager and all legislative powers shall be vested in an elective
council, except as provided by law or city charter.
. . .
Section 1-5. Definitions
Certain words and phrases, when used herein, are hereby declared to have the following
meanings:
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a. "Agency" shall mean any Bureau, Department, Division, or other
organizational unit in the executive branch of city government;
b. "Allotment" shall mean a portion of an appropriation made available for
expenditure during a specified period of less than one year;
c. "Appropriation" shall mean an authorization by the Council to expend from
public funds a specified maximum sum for a specified purpose and during a specified
time;
d. "Area" in the case of councilmen elected by district shall mean the
councilmanic district; for councilmen elected at large, it shall mean the City;
e. "Bureau" shall mean an organization of two or more departments headed
by one person, responsible directly to the City Manager \[Mayor\]. The heads of
departments within the Bureau are directly responsible to the Bureau Head;
f. "Candidate" shall mean any person seeking nomination or election to any
city office in Pueblo;
g. "Class" when used in connection with personnel administration, shall mean
a definitely recognized kind of employment in the Classified Service comprising positions
that are so nearly alike in duties and responsibilities that they can be equitably treated
under similar conditions for personnel purposes;
i. "Classified Service" shall mean the aggregate of all positions in municipal
service covered by Civil Service;
j. "Department" shall mean one of the major organizational units of the City;
k. "Division" shall mean a primary subdivision of a department headed by one
person responsible directly to the Department Director;
l. "Emergency Ordinance" shall mean an ordinance, the passage of which
shall be necessary to the preservation or protection of public health, property, or safety;
m. "Employees" shall mean all persons in municipal service who are not
officers;
n. "General Law" shall mean the Constitution and Statutes of the State of
Colorado and common law to the extent that common law has been adopted in Colorado;
o. "Officers" shall mean persons in municipal service specifically declared by
this Charter to be officers;
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p. "Qualified Elector" shall mean a person entitled to vote at a general
municipal election, if registered, and if not registered, otherwise eligible to vote; the term
is synonymous with qualified voter;
q. "Qualified Taxpaying Electors" shall mean such of the qualified voters as
shall in the twelve months immediately preceding the date of election have paid a City
property tax on property listed on the county assessment rolls;
r. "Unclassified Service" shall mean the aggregate of all positions in municipal
service not covered by Civil Service.
ARTICLE 2
Municipal Officers
Section 2-1. Designation of Officers
In accordance with Article XX of the Constitution of the State of Colorado, the legally
qualified holders of the following positions in municipal service are hereby declared to be
officers, and their monthly salaries are hereby initially fixed in the following amounts until
changed by ordinance, but shall not be increased or decreased during the current term
of \[officers\] councilors enacting such ordinance.
\[Mayor $12,500.00\]
President of the City Council $125.00
Member of the City Council $100.00
. . .
Section 2-3. Elective Officers
The following officers shall be elected by the qualified electors:
\[Mayor\]
Members of the City Council;
Members of the Civil Service Commission;
Such other officers as provided for in this Charter.
Section 2-4. Qualification of Elective Officers
Each elective officer when elected shall have been a citizen of the United States and shall
have resided in the City for at least twelve consecutive months immediately preceding the
election, and in the precinct for ten days immediately before filing as a candidate.
Councilmen elected by districts shall also be residents and qualified electors of the
respective districts from which they are elected. A person who has been convicted of a
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felony shall not become a candidate for the Council \[or Mayor\]. No elected official shall
hold any other elective public office or be an employee of the City of Pueblo.
Section 2-5. Appointive Boards and Commissions
Unless otherwise required by law, all boards and commissions shall be appointed by the
\[the Mayor\] City Council, subject to Council confirmation and shall have such powers
and perform such duties as are prescribed by the Charter or by ordinance. Members of
such boards and commissions shall serve for a period of four years, or until their
successors are appointed.
Appointments by the City Council \[Mayor\] shall specify the term of office of each
individual in order to achieve overlapping of tenure.
All members shall be subject to removal by the appointing authority.
All boards and commissions shall choose their own chairmen and operate in accordance
with the rules of procedure as set forth by the appointing authority.
Notwithstanding the foregoing, \[the Mayor and\] the City Council shall have no
jurisdiction or control over the independent Board of Water Works of Pueblo, Colorado
and shall act in accordance with section 15.2 of this Charter.
Section 2-6. Elected Officers
All elected officers shall continue to hold office until their successors are duly elected and
qualified. An elective office shall become vacant whenever any officer becomes
permanently incapacitated, either physically or mentally, and cannot perform the duties
of his office, or if a councilman absents himself from two regular council meetings during
any one calendar year without reasonable excuse, as determined by the rules of
procedure of the Council. Any officer after final conviction of a felony shall forfeit his office
forthwith. If a councilman elected from a district moves from such district during his term
of office, his office is automatically declared vacant. In the case of vacancy of a district
council member, the Council shall fill the vacancy by appointment of an eligible person
from such district. In case of a vacancy of a council member elected at large, the Council
shall fill the vacancy by appointment of an eligible person selected from the City at large.
Any vacancy in an elective office \[,except for the office of Mayor,\] shall be filled by
appointment of the Council. Any person appointed to fill a vacancy in an elective office
shall have the qualifications required of persons regularly elected and shall hold the office
until the next general municipal election when the vacancy shall be filled by election
according to law and until his successor is qualified. The term of office of any officer
elected to fill a vacancy shall terminate at the expiration of the term during which the
vacancy occurred.
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\[Any vacancy in the office of the Mayor shall be filled in accordance with section 4-11 of
this Charter.\]
. . .
ARTICLE 3
City Council
Section 3-4. President of the Council
The President of the Council shall preside over meetings of the Council and have the
same right to speak and vote therein as any other member. The City Council President
shall be recognized as head of the City Government for ceremonial purposes only.
The President shall execute and authenticate legal instruments requiring a
signature as such an official. The Vice-President shall become acting president with
the same duties as provided for the President in \[his\] the absence or disability of the
President. The President shall in no case have the power of veto.
Section 3-5. General Powers
The Council shall have the power to adopt all ordinances, resolutions, or other legislation
conducive to the welfare of the people of the City and not inconsistent with this Charter,
and the Council shall not perform any executive functions except those functions
assigned to the Council by this Charter. The Council shall have all legislative powers and
functions of municipal government conferred by general law, except as provided in this
Charter:
a. Have all legislative powers of municipal government conferred by general
law, except as provided in this Charter. The Council shall act only by ordinance in matters
of legislation or appropriations, or when action by ordinance is otherwise required by this
Charter, by ordinance, or by general law: and may act by ordinances or resolutions in
other matters. When council expresses opinions, principles, facts, or propositions, it shall
be in the form of a resolution.
b. Provide for penalties for violations of its ordinances. The Council shall
provide for enforcement of its ordinances. No fines or imprisonments shall exceed
the following limits: Fines, one thousand dollars ($1,000.00); imprisonment, one (1) year;
or a combination of both fine and imprisonment within the designated limits. The amount
by which any fine exceeds three hundred dollars ($300.00) is dedicated to graffiti control
and removal and other law enforcement activities as determined by the Council.
c. The Council is \[Not\] not to be otherwise limited in its punitive or
enforcement measures.
d. The Council shall \[Approve\] approve compensation for boards,
commissions, and employees in the Classified and Unclassified Service.
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e. The Council, or a duly authorized committee thereof, may \[Have\] have
the discretion to investigate any agency and the official acts of any officer or employee
thereof, and may compel by subpoena attendance and testimony of witnesses and
production of books and documents.
f. Establish and adopt by ordinance or resolution five-year goals and one-year
objectives for the City, which goals and objectives shall be reviewed and revised annually
by the Council. In doing so, Council shall \[consult with the Mayor,\] seek advice from
appropriate boards and commissions, and hold one or more public hearings before
adopting or revising the goals and objectives of the City.
g. The Council may \[Hire\] hire the personnel necessary to enable the
Council to adequately perform its duties.
h. The Council shall \[Not\] not interfere in executive appointments or
removals except for the purpose of confirmation on appointments. The Council and its
members shall deal with the administrative service solely through the city manager,
\[solely through the Mayor and neither the Council\] and no member thereof shall give
orders to any subordinates of the \[Mayor\] city manager either publicly or privately.
Council shall not interfere in the removal of heads or directors of bureaus, departments,
city employees. \[or Mayor- appointed boards and commissions.\]
i. Faithfully execute and comply with all laws, ordinances, regulations and
resolutions of the City and all laws of the State of Colorado and the United States of
America which apply to the City.
. . .
Section 3-9. Power to Make Contracts
The Council may enter contracts and leases on behalf of the Municipal Government by
ordinance only. All written contracts, to which the Municipal Government is a party, shall
be approved as to form by the City Attorney.
Nothing shall prevent making of contracts or spending of money for capital improvements
to be financed in whole or in part by issuance of bonds, nor making of contracts of lease
or for services for a period exceeding the budget year in which such contract is made.
Section 3-10. Independent Audits
The Council shall contract with or employ an independent practicing individual or firm,
permitted to practice public accounting under general law and of known standing, to
perform an annual general audit of municipal government and such other periodic post
audit as the Council may determine. Such audits shall include:
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a. Post auditing all financial records and transactions of the Municipal
Government at length or by test checks;
b. Verifying general financial statements and existence and amounts of the
assets and liabilities of the Municipal Government;
c. Recommending to the City Manager \[Mayor\] the scope, form, and content
of the financial records to be kept by all agencies in order to permit a proper post audit.
d. Reporting deficiencies to proper officials for administrative, civil or criminal
action;
e. A condensed financial statement, including findings and recommendations
of the auditors, to be published annually.
Section 3-11. City Clerk
The City Council \[Mayor\] shall appoint the City Clerk, subject to Council
confirmation, who shall act as Clerk of the Council. The City Clerk shall give notice of
council meetings, keep a journal of its proceedings, authenticate by \[his\] his/her
signature and record in full in the book kept for the purpose, all ordinances and resolutions
and shall perform such other duties as shall be required by this Charter or by ordinance.
. . .
Section 3-14. Surety Bonds
The Council shall require the City Manager, the Director of Finance and such other
employees transacting financial business of the City to furnish bonds with such surety
and in such amounts as the Council may determine.
. . .
Section 3-21. Disposition of Ordinances
The President of the Council shall sign all ordinances approved by the Council,
both on the ordinance itself and in the ordinance record. The City Clerk shall present
all ordinances approved by the Council to the City Council President \[Mayor\] within
forty-eight (48) hours of final passage. \[If the Mayor approves the ordinance as passed
by the Council, he or she shall sign it within five (5) days after receiving it. If the Mayor
disapproves, the ordinance shall be returned to the Council within five (5) days after with
the Mayor’s objections in writing. If then five (5) of the Council members vote to pass the
same over the Mayor’s veto at the next regular meeting of Council, it shall become an
ordinance notwithstanding the objections of the Mayor. If the Mayor does not return the
ordinance with written objections within the time specified, it shall take effect as if the
Mayor had approved it. Ordinances shall be signed by both the Mayor and the President
of the Council or the President of the Council in case of veto override; both on the
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ordinance itself and in the ordinance record.\] All ordinances of Pueblo shall be indexed
by subject by the City Clerk in a book kept for that purpose which shall be a public record.
. . .
ARTICLE 4
\[Mayor\]City Manager
Section 4-1. Appointment
The Council shall hire a City Manager who shall be the Executive Head of the
Municipal Government. The Council shall fix his/her salary at such amount as it
shall approve. He/she shall be appointed based on administrative and executive
qualifications with special reference to his/her actual experience in and his/her
knowledge of accepted practice in respect to the duties of his/her office as
hereafter set forth. At the time of his/her appointment the City Manager need not
be a resident of the City of Pueblo or State of Colorado, but during his/her tenure
of office he/she shall reside within the City of Pueblo within 6 months of hire. No
Councilor shall be appointed to the position of City Manager or any position in the
Classified or Unclassified Service of the City during the term for which the
councilor shall have been elected nor within one year after the expiration of his
term.
Section 4-2. Absence of City Manager
To perform duties during temporary absence or disability, the City Manager shall
designate by letter, filed with the City Clerk, a qualified administrative city
employee. In the event of failure by the City Manager to make such a designation,
the Council may, by resolution, appoint a qualified administrative city employee to
perform the duties of the City Manager until return, or disability shall cease.
Section 4-3. Removal of City Manager.
The Council shall appoint the City Manager for an indefinite term and may remove
him/her by majority vote of its members. At least thirty (30) days before such
removal shall become effective, the Council shall by majority vote of its members,
adopt a resolution stating the reasons for his/her removal. Upon removal of the
City Manager, the Council shall in any case cause to have paid him/her forthwith
any unpaid balance of his/her salary for the current month and his salary for the
next calendar month following adoption of the resolution.
Section 4-4. Council
Except for the purpose of inquiry, the Council and its members shall deal with the
administrative service solely through the City Manager and neither the Council nor
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any member thereof shall give orders to any subordinates of the City Manager
either publicly or privately.
The City Manager shall:
a. Be responsible for enforcement of the laws and ordinances of the City;
b. Except as such powers may be specifically otherwise designated
herein, have power to appoint, suspend and remove heads or directors of all
bureaus, departments, and city employees; suspension or dismissal of the head or
director of a bureau or department must be by written statement giving the reasons
for such action, a copy of which must be delivered to the person concerned; all
appointments shall be based upon merit and fitness alone, provided however, that
in the Classified Service all appointments, suspensions and removals shall be
subject to the Civil Service and personnel provisions of the Charter of Pueblo. The
power to appoint heads or directors of all bureaus and departments shall be
subject to Council confirmation.
c. Except as herein otherwise provided, exercise supervision and control
over all executive and administrative departments and agencies created herein or
that may be hereafter created by the Council; Each Department shall be headed by
a Director, recommended by the city manager, and appointed by the city council
with the majority vote. Two or more departments may be headed by the same
individual. Directors of departments may also serve as chiefs of divisions. All
persons appointed as Directors of Bureaus or Departments shall be selected on the
basis of their training, experience, qualifications and fitness for the particular job
to be performed. Consideration shall be given to persons already employed in the
respective department at the time of the appointment. Appointments shall be
subject to Council confirmation. The city manager shall have power, whenever the
interest of the City requires, to assign any employee of one department to
temporary performance of similar duties in another department.
d. Prepare the Budget annually and submit it to the Council and be
responsible for its administration after adoption. Direct the Financial Director to
prepare annual budget. City Manager and Finance shall present to council for
approval, and both are responsible for its administration and after adoption as
directed by council.
e. Prepare a written state of the City report annually, which report shall
be filed with the City Clerk by the first Tuesday in February and made a part of the
permanent records of the City and available to the public. Such report shall be
submitted to the Council as of the end of the fiscal year, a complete report on
finances and administrative activities of the City for the preceding year and the
future needs of the City and make written or verbal reports to the Council at any
time required by it as to any particular matter relating to the affairs of the City within
their supervision.
f. Keep the Council advised of the financial condition and future needs
of the City and make such recommendations to the Council for adoption as he may
deem necessary or expedient.
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g. Be responsible for enforcement of all terms and conditions imposed
in favor of the City or its inhabitants in any contract or public utility franchise and
upon knowledge of any violation thereof, report the same to the Council for such
action and proceedings as may be necessary to enforce the same.
\[Section 4-1. Election of Mayor
The Mayor shall meet the qualifications for elective officer on the date of filing of the
declaration of candidacy for the office of Mayor. The Mayor shall be elected by the
qualified electors of the City.
Section 4-2. Mayor's Term
The term of Mayor, unless sooner recalled or removed, shall begin on the second
Tuesday in January of the year following election and shall be for four years or until a
successor is duly elected and qualified. After having served two consecutive terms, the
incumbent Mayor shall be ineligible to hold office thereafter.
Section 4-3. Powers
The executive branch of the City government is created. The office of Mayor is created.
The Mayor shall control and direct the executive branch. The Mayor is authorized to
delegate executive and administrative power within the executive branch. The Mayor shall
be the chief executive officer with all executive and administrative powers of the City,
except as otherwise provided in this Charter. The Mayor is the official head of the City for
all ceremonial purposes. The Mayor shall devote full-time and attention to the
performance of the duties of office the position and shall hold no other paid public or
private employment.
Section 4-4. Duties of Mayor.
The Mayor shall:
a. Be responsible for enforcement of the laws and ordinances of the City;
b. Except as such powers may be specifically otherwise designated herein,
have power to appoint, suspend and remove heads or directors of all bureaus,
departments, and city employees; suspension or dismissal of the head or director of a
bureau or department must be by written statement giving the reasons for such action, a
copy of which must be delivered to the person concerned; all appointments shall be based
upon merit and fitness alone, provided however, that in the Classified Service all
appointments, suspensions and removals shall be subject to the Civil Service and
personnel provisions of the Charter of Pueblo. The power to appoint heads or directors
of all bureaus and departments shall be subject to Council confirmation.
c. Except as herein otherwise provided, exercise supervision and control over
all executive and administrative departments and agencies created herein or that may be
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hereafter created by the Council; Each Department shall be headed by a Director,
recommended by the city manager, and appointed by the city council with the majority
vote. Two or more departments may be headed by the same individual. Directors of
departments may also serve as chiefs of divisions. All persons appointed as Directors of
Bureaus or Departments shall be selected on the basis of their training, experience,
qualifications and fitness for the particular job to be performed. Consideration shall be
given to persons already employed in the respective department at the time of the
appointment. Appointments shall be subject to Council confirmation. The city manager
shall have power, whenever the interest of the City requires, to assign any employee of
one department to temporary performance of similar duties in another department.
d. Prepare the Budget annually and submit it to the Council and be responsible
for its administration after adoption. Direct the Financial Director to prepare annual
budget. City Manager and Finance shall present to council for approval, and both are
responsible for its administration and after adoption as directed by council.
e. Prepare a written state of the City report annually, which report shall be filed
with the City Clerk by the first Tuesday in February and made a part of the permanent
records of the City and available to the public. Such report shall be submitted to the
Council as of the end of the fiscal year, a complete report on finances and administrative
activities of the City for the preceding year and the future needs of the City and make
written or verbal reports to the Council at any time required by it as to any particular matter
relating to the affairs of the City within their supervision.
f. Keep the Council advised of the financial condition and future needs of the
City and make such recommendations to the Council for adoption as he may deem
necessary or expedient.
g. Be responsible for enforcement of all terms and conditions imposed in favor
of the City or its inhabitants in any contract or public utility franchise and upon knowledge
of any violation thereof, report the same to the Council for such action and proceedings
as may be necessary to enforce the same.
h. Appoint the Deputy Mayor subject to Council confirmation:
i. Appoint the members of city boards and commissions pursuant to Section
2-5
j. Recommend to the Council such measures and ordinances as he or she
may deem necessary or expedient, and to make such other recommendations to the
Council concerning the affairs of the City. as the Mayor finds desirable:
k. Participate in discussions of the Council in an advisory capacityhave the
right to attend and be heard at any regular, special, open or closed session meeting of
the Council, but not the right to vote at such meetings:
l. Perform such other duties as may be prescribed by this Charter.
m. Faithfully execute and comply with all laws, ordinances, and regulations of
the City and all laws of the State of Colorado and the United States of America which
apply to the City.
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Section 4-5. Deputy Mayor
The Mayor shall designate a member of the cabinet, as the term is defined in Section 4-
6 of this Charter, to be the Deputy Mayor. The designation shall be filed with the City
Clerk. The designation shall be valid for one (1) year unless a vacancy in the office occurs,
in which case the Mayor shall appoint another member of the cabinet to be the Deputy
Mayor. The Deputy Mayor shall serve at the pleasure of the Mayor.
Section 4-6. Administrative Departments - Mayor's Cabinet
There shall be the following Departments: Aviation, Finance, Fire, Health, Law, Parks and
Recreation, Personnel, Police, Public Works,and Purchasing. and such others as may
be established by ordinance. upon the recommendation of the City Manager. The Mayor's
cabinet shall be composed of the directors of the Departments and such other
Departments as may be established by ordinance upon the recommendation of the
Mayor.
Section 4-7. Directors of Departments
Each Department shall be headed by a Director, recommended by the appointed the
Mayor city manager, and appointed by the city council with the majority vote. Directors
shall serve at the pleasure of the Mayor.
All persons appointed as Directors of Bureaus or Departments shall be selected on the
basis of their training, experience, qualifications and fitness for the particular job to be
performed. Consideration shall be given to persons already employed in the respective
department at the time of the appointment. Appointments shall be subject to Council
confirmation.
Two or more departments may be headed by the same individual; the Deputy Mayor must
head one or more departments. Directors of departments may also serve as chiefs of
divisions.
Section 4-8. Departmental Divisions
The work of each department may be distributed among such divisions thereof as may
be established by ordinance upon recommendation of the Mayor or by regulations issued
by the Mayor, pending passage of such an ordinance.
Section 4-9. Assignment of Employees
The Mayor shall have power, whenever the interest of the City requires, to assign any
employee of one department to temporary performance of similar duties in another
department.
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Section 4-10. Action on Ordinances
Upon presentation of all ordinances approved by the Council to the Mayor in accordance
with Section 3-21 of this Charter, the Mayor shall:
a. Sign such ordinance within five (5) days if he or she approves; or
b. Return such ordinance to the Council within five (5) days if he or she
disapproves, with the Mayor's objections in writing.
\[If then five (5) of the Council members vote to pass the same over the Mayor's veto, it
shall become an ordinance notwithstanding the objections of the Mayor. If the Mayor does
not return the ordinance with written objections within the time specified, it shall take effect
as if the Mayor had approved it.
Section 4-11. Vacancy in the Office of Mayor - Succession of Acting Mayor
In the event a vacancy occurs in the office of Mayor, the Deputy Mayor shall resign his or
her office and shall become acting Mayor; except that if the Deputy Mayor refuses or is
unable to discharge the duties of the office of Mayor, the person shall not resign as a
Director; and the office shall be filled by appointment of the Council.
Any person appointed to fill a vacancy in the office of Mayor shall have the qualifications
required of persons regularly elected and shall hold the office until the next general
municipal election or special run-off election, when the vacancy shall be filled by election
according to law and until his or her successor is qualified. The term of office of any
person filling the vacancy in the office of Mayor shall terminate at the expiration of the
term during which the vacancy occurred.\]
ARTICLE 5
Municipal Court
Section 5-1. Municipal Court
There shall be a Municipal Court vested with exclusive original jurisdiction of all causes
arising under the Charter and the ordinances of the City of Pueblo. The \[Mayor\] City
Council shall appoint, by majority vote \[subject to Council confirmation\], as many
Municipal Judges as may be required to conduct the affairs of the Municipal Court.
Municipal Judges shall be attorneys admitted to practice law in Colorado. Each Municipal
Judge shall be appointed by the \[Mayor\] Council for a term of two years and may be
removed by the \[Mayor\] Council for cause. The \[Mayor\] Council shall designate one
Judge to be the presiding Judge, who shall act as Municipal Court Administrator and who
shall supervise all Court personnel. The Judges shall receive such compensation as shall
be fixed by the Council. In the absence of any Judge, the presiding Judge may designate
a reputable attorney to serve in the place of the absent Judge.
Term of Municipal Court and local rules of procedure shall be enacted by the Council
upon recommendation of the Municipal Judges.
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ARTICLE 6
Department of Law
Section 6-3. Institution of Suits
When directed by \[the Mayor in writing or by\] the Council, the City Attorney shall institute
or defend any suit, action, or proceeding on behalf of the Municipal Government or an
agency.
Section 6-4. Notice of Personal Injuries
Before the Municipal Government shall be liable for damages to a person injured on a
street, avenue, alley, sidewalk, public place or way, the person so injured, or someone in
his behalf, shall notify the Municipal Government within the time period, and manner
required by the laws of the State of Colorado and within sixty (60) days after receiving
the injuries, shall notify the City Manager in writing, stating fully the time, place,
circumstances, and extent of injuries.
. . .
ARTICLE 7
Finance Administration
Part l - Budget
Section 7-2. Submission of the Budget
Not later than the first regular meeting of the Council in October of each year, the
\[Mayor\] City Manager shall submit to the Council:
a. An annual or current expense budget, hereafter referred to as the "Budget",
which shall be a complete financial plan for the ensuing fiscal year, consisting of the
budget proper and the budget message.
b. A capital budget.
Section 7-3. Scope of Annual Budget
The Budget shall contain:
a. An estimate of all revenue cash receipts anticipated from sources other than
the tax levy of the ensuring fiscal year;
b. An estimate of the General Fund cash surplus at the end of the current fiscal
year or of the deficit to be made up by appropriation;
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c. The estimated expenditures necessary for operation of the several
department, offices and agencies of the City;
d. Debt service requirements for the ensuring fiscal year;
e. An estimate of the sum required to be raised by the tax levy for the ensuring
fiscal year, and the rate of levy necessary to produce such sum based on a percentage
of collection not exceeding the lowest percentage of current levy collection experienced
during the three preceding complete fiscal years;
f. A balanced relation between total estimated expenditures and total
anticipated revenue cash receipts, taking into account the estimated General Fund cash
surplus or deficit at the end of the current fiscal year.
All estimates shall be in detail showing revenues by sources and expenditures by
organizational units, activities, character and object. The Budget shall be so arranged as
to show comparative figures for receipts and expenditures for at least two prior years and
for the current year and the \[Mayor's\] City Manager’s recommendations for the ensuring
year. The Budget may provide an additional amount as a reserve to meet and care for
expenditures to be made from such fund during the months of January to April in the year
following the year for which the Budget and Appropriation Ordinance shall apply.
Section 7-4. The Budget Message
The budget message shall contain the recommendations of the \[Mayor\] City Manager
concerning the fiscal policy of the City, a description of the important features of the
budget plan, an explanation of all major increases or decreases in budget
recommendations as compared with prior years, and a summary of the proposed budget
showing comparisons similar to those required in the budget proper, itemized by principal
sources of revenue and the main items of expenditure.
Section 7-5. Departmental Estimates - The Head of each department, office or agency
shall submit to the \[Mayor\] City Manager, at such date as the \[Mayor\] City Manager
shall determine, estimates of revenue and expenditure for that department, office, or
agency. Such estimates shall be submitted upon forms furnished by the \[Mayor\] City
Manager and shall contain all information which \[he\] may be \[require\] required. The
form submitted shall include data regarding expenditures of the last fiscal year and
estimates of expenditures to be required for the current fiscal year. The \[Mayor\] City
Manager shall review the estimates and in preparing the Budget may revise them as \[he
or she may deem\] deemed advisable.
. . .
Section 7-8. Budget - A Public Record
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The Budget shall be a public record in the office of the City Clerk and shall be open to
public inspection, and sufficient copies shall be made available for the use of the Council
and the public, the number of copies to be determined by the \[Mayor\] City Manager
. . .
Section 7-12. Work Program and Allotments
After the annual appropriation has been adopted and before the beginning of the fiscal
year the head of each department, office or agency shall submit to the \[Mayor\] City
Manager in such form \[as he shall prescribe\] as prescribed, a work program which shall
show the requested allotments of the appropriations for such department, office or agency
for the entire fiscal year by monthly or quarterly periods as the \[Mayor\] City Manager
may direct. Before the beginning of the fiscal year the \[Mayor\] City Manager shall
approve with such amendments as \[he\] shall \[determine\] determined by the City
Manager, the allotments for each such department, office, or agency, and shall file the
same with the Director of Finance, who shall not authorize any expenditure to be made
from any appropriation except on the basis of approved allotments. The aggregate of such
allotments shall not exceed the total appropriation available to said department, office, or
agency for the fiscal year. An approved allotment may be revised during the fiscal year in
the same manner as the original allotment was made. If at any time during the fiscal year
the \[Mayor\] City Manager shall ascertain that the revenue cash receipts for the year,
plus General Fund cash surplus from the preceding year, will be less than the local
appropriations, \[he or she\] the City Manager shall reconsider the work programs and
allotments of the several departments, offices and agencies, and revise the allotments so
as to forestall the incurring of a deficit.
Section 7-13. Transfers of Appropriations
\[The Mayor\] City Manager may at any time transfer any unencumbered appropriation
balance or portion thereof from one classification of expenditure to another within the
same department, office, or agency. At the request of the \[Mayor\] City Manager the
Council may by resolution transfer any unencumbered appropriation balance or portion
thereof from one department, office, or agency to another.
Section 7-14. Additional Appropriations
Appropriations in addition to those contained in the Budget shall be made only on the
recommendation of the \[Mayor\] City Manager and only if the Director of Finance certifies
that there is available a cash surplus sufficient to meet such appropriations, provided that
this limitation shall not apply to meeting a public emergency threatening the lives, health,
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or property of citizens; provided that such an emergency appropriation shall require a
majority vote of the Council membership \[and the concurrence of the Mayor\].
. . .
Section 7-16. Capital Budget
As a part of the budget message or as a separate report attached thereto the \[Mayor\]
City Manager shall present a program, previously considered by the Planning and Zoning
Commission as provided in this Charter or proposed capital projects for the ensuing fiscal
year and for four (4) fiscal years thereafter. Estimates of the cost of such projects shall
be submitted by each department, office or agency annually in the same manner as
estimates of other budgetary requirements are prepared for the \[Mayor\] City Manager.
The \[Mayor\] City Manager shall recommend to the Council those projects to be
undertaken during the ensuing fiscal year and the method of financing the same. The
Council may levy annually a tax of not more than two (2) mills to be assessed upon the
valuation within the City at the same time as the regular annual taxes for city expenses,
for the benefit of a fund to be known as the "Capital Improvement Fund" established for
the purpose of paying the cost of capital improvements for which the City is authorized by
this Charter to issue bonds and for no other purpose. The proceeds of such levy shall be
kept by the Director of Finance in a special account until invested as authorized by the
Council subject to existing laws. The Council shall have power to transfer from time to
time to the Capital Improvement Fund any portion of the General Fund surplus not
otherwise appropriated. Appropriations for construction or other permanent
improvements, from the Capital Improvement Fund shall not lapse until the purpose for
which the appropriation was made shall have been accomplished or abandoned, provided
any project shall be deemed to have been abandoned if three (3) fiscal years elapse
without expenditure from the encumbrance of the appropriation therefor. Any
unappropriated balance in the Capital Improvement Fund may be transferred by the
Council for payment of outstanding bonded indebtedness of the City. Provisions of this
Section shall be subject to and carried out in accordance with the Constitution and the
laws of the State of Colorado.
Part II - Department of Finance
Section 7-18. Director of Finance - Powers and Duties
The Director of Finance, under jurisdiction of the \[Mayor\] City Manager, shall have
charge of administration of the financial affairs of the City and to that end he shall have
authority and shall be required to:
a. Compile the current expense estimates for the Budget of the City;
b. Compile the capital estimates for the Annual Budget in compliance with
recommendations of the Planning and Zoning Commission;
c. Supervise and be responsible for disbursement of all monies to ensure that
budget appropriations are not exceeded, or payments illegally made;
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d. Maintain a general accounting system for the City Government and each of
its offices, departments and agencies; keep books for and exercise financial budgetary
control over each office, department and agency; keep separate accounts for items of
appropriation contained in the City Budget, each of which accounts shall show the amount
of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the
unencumbered balance; require reports of receipts and disbursements from each
receiving and spending agency of City Government to be made daily or at such intervals
as he may deem expedient;
e. Submit monthly to the \[Mayor and\] Council a statement of all accounts and
funds, including trust and custodial funds, showing receipts and disbursements in
sufficient detail to show the exact financial condition of the City, and release same for
public information;
f. Prepare, as of the end of each fiscal year, a complete financial statement
and report;
g. Prepare tax maps and give such notice of taxes and special assessments
as may be required by law;
h. Receive from the County Treasurer all funds due the City from taxes,
special assessments, and other items which are collected for the City by said County
Treasurer. To collect such other taxes, special assessments, license fees and other
revenues of the City or for whose collection the City is responsible and receive all money
receivable by the City from the state or federal government, or from any court, or from
any office, department or agency of the City, or any other agency or office which is not
now in existence but which may in the future be created or provided for;
i. Have custody of all public funds belonging to or under the control of the
City, or any office, department or agency of the City Government, and deposit or invest
all funds coming into his hands as shall be designated by resolution of the Council, subject
to the requirements of law as to surety and payment of interest on deposits or
investments. All interest shall be the property of the City and shall be accounted for and
credited to the proper account;
j. Have custody of all investments and invested funds of the City Government,
or in possession of such government in a fiduciary capacity, and have the safekeeping of
all bonds and notes of the City and the receipt and delivery of city bonds and notes for
transfer, registration or exchange;
k. Unless he shall certify that there is a balance of appropriation for proposed
expenditure and available funds, no expenditure shall be made.
Section 7-19. Accounting - Supervision and Control
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The Director of Finance shall have power and shall be required, under jurisdiction of the
\[Mayor\] City Manager to:
a. Prescribe the forms of receipts, bills, vouchers, or claims to be used by all
offices, departments, and agencies of the City Government.
b. Examine all contracts, orders and other documents by which the City
Government incurs financial obligations, having previously ascertained that monies have
been appropriated and allotted and will be available when the obligation shall become
due and payable; and audit and approve before payment all bills, invoices, payrolls and
other evidence of claims, demands or charges against the City Government and with the
advice of the City Attorney determine the regularity, legality and correctness of such
claims, demands or charges.
. . .
Part IV – Purchases
Section 7-28. Purchases
There shall be established a Department of Purchases and Supplies, the Director of which
shall be the City Purchasing Agent, under jurisdiction of the \[Mayor\] City Manager
Pursuant to rules and regulations established by ordinance, the Purchasing Agent shall
contract for and purchase all supplies, materials, equipment, and contractual services
required by any department, office, or agency of the City Government. \[He\] The
Purchasing Agent shall have the following powers and duties:
a. To establish and enforce with approval of the \[Mayor\] City Manager and
after consultation with the directors of the departments concerned, standard
specifications for all supplies, materials and equipment required by the City Government;
b. To prescribe the time of making requisitions for such supplies, materials and
equipment, and the future period which said requisitions are to cover;
c. To inspect, or cause to be inspected, all deliveries of such supplies,
materials and equipment, and to cause tests to be made when necessary in order to
determine their quality and conformance with the specifications;
d. To supervise and control such central storerooms as the Council may
provide by ordinance to serve the several departments, offices or agencies;
e. To supervise transfer of materials, supplies and equipment between
departments or agencies, as needed, after consultation with the department or agency
heads concerned;
f. To sell those surplus articles no longer of use to the Municipality before their
value is lost through obsolescence, deterioration or spoilage, and to sell all scrap metals,
materials or equipment. At each sale a number of prospective buyers shall be asked to
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quote prices by sealed bids and such articles shall be sold to the highest bidder, or the
Purchasing Agent may reject all bids;
g. To create and maintain a record of non-expendable property owned by the
City of Pueblo. The Equipment-Owned Record is to cover only those items of movable
equipment having the following characteristics:
(1) Having a unit cost in excess of $50.00, and such other items as the
Purchasing Agent may prescribe;
(2) Shall include only those items of equipment not carried as a regular
stock item in the city storerooms;
h. To mark, or cause to be marked, with identification or number, all equipment
owned by the City of Pueblo to prevent misuse thereof;
i. To purchase at the expense of the City, Surety Bonds for all officers and
employees of the City required by law or ordinance to furnish such bonds to the City, and
insurance of such types against liability, loss or damage on the part of the City or its
property as the Council, upon recommendation of the \[Mayor\] City Manager, may
authorize, and be responsible for collection of insurance benefits and other matters
relating to the administration of the City's insurance.
. . .
Section 7-32. Contracts for City Improvement
Any city improvements except those performed directly by a city department or in special
or local improvement districts shall be contracted for as follows: The Purchasing Agent
shall, on the basis of specifications prepared by the Department of Public Works and
approved by the Director of the department concerned and the \[Mayor\] City Manager,
advertise for and receive bids for any public work or improvement and shall open and
tabulate same and present the results to a Committee of Awards consisting of the \[Mayor\]
City Manager, the Director of Public Works and the Head of the department, division or
agency concerned. The Committee of Awards shall have the following alternatives:
a. Accept the lowest bid and recommend to the council that it authorize the
work or improvement to be performed. (See section 7-29);
b. Reject all bids and order the Purchasing Agent to readvertise for bids;
c. Abandon the project.
. . .
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ARTICLE 8
Personnel Administration
Section 8-2. Director – Duties
The Director of Personnel and the Civil Service Commission shall have authority and be
required to prepare and recommend to the City Council, through the \[Mayor\] City
Manager such rules as may be considered necessary, appropriate, or desirable to carry
out the provision of this Article and perform such other duties as may be required by this
Charter, by ordinance, or by the \[Mayor\] City Manager
. . .
Section 8-5. Unclassified and Classified Service
Employment in the City shall be divided into Unclassified and Classified service.
a. The Unclassified Service shall comprise and consist of the following offices:
(1) Members of the City Council and other elective officers, and persons
appointed to fill vacancies in elective offices;
(2) The City Clerk;
(3) The \[Mayor, Deputy Mayor, and Assistant Deputy Mayorsif any;\]
City Manager, and Assistant Managers if any;
(4) The Directors and Heads of Bureaus and Departments;
(5) One Private Secretary to the \[Mayor\] City Manager;
(6) members of Boards and Commissions in the Municipal Service
except those specifically provided for in other sections of the Charter;
(7) Persons employed to make or conduct a special inquiry,
investigation, examination, or installation, if the Council or the \[Mayor\] City
Manager certifies that such employment is temporary, and that the work should
not be performed by employees in the Classified Service.
(8) Municipal Judges;
(9) City Attorneys;
(10) The Post-Auditor appointed by the Council;
(11) Persons performing service to the City without compensation from
the City;
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(12) Police Surgeon;
(13) Part-time Employees. (A part-time employee is defined as follows:
No such person shall work more than the equivalent of eight months in any year in
such temporary, part time, incidental or emergency status.)
b. The Classified Service shall comprise all positions not specifically included
by this section in the Unclassified Service, and shall be subject to Civil Service.
. . .
Section 8-8. Pay Schedule
There shall be prepared and maintained by the Director of Personnel a Uniform Schedule
of Pay in the Classified Services, which shall be approved by the \[Mayor\] City Manager.
The \[Mayor\] City Manager shall then submit the Pay Schedule to the City Council and
such schedule shall take effect when approved by the City Council, except that, the Pay
Schedule for employees in the Classified Service who are represented by a sole and
exclusive collective bargaining agent shall be determined in accord with Section 8-14 of
this Charter. The adoption of a Pay Schedule, including provisions relating to wages and
hours and classification of positions in the Classified Service, and all details relating
thereto is hereby specifically declared to be an Administrative Act or function of the
\[Mayor and\] City Council and shall not be subject to the initiative and referendum
provisions of the Charter, except as is otherwise provided in Section 8-14
. . .
Section 8-11. Establishment of Retirement Plans
The Director of Personnel may cause to have prepared a retirement and disability plan or
plans. Retirement funds may be administered by the Department of Finance. The
Directors of Personnel and of Finance shall collaborate in continuous study of pension
benefits and costs and shall provide for actuarial studies of costs of such plans. They
shall report their findings and recommendations to the \[Mayor\] City Manager, the
Council, and the public. No benefit plan shall be established or shall any increases in
existing plans be provided except pursuant to such studies and recommendations. Any
benefit plan shall be established on a jointly contributory basis with the employees and
the City sharing the cost.
. . .
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ARTICLE 9
Department of Fire
Section 9-1. Department Created
There is hereby created a Department of Fire, the Director of which shall be the Fire Chief.
Personnel in the Department shall include Assistant Fire Chiefs, Captains, Engineers,
Operators, and other employees of such rank and grade as the \[Mayor\] City Manager
and Council may deem necessary for public safety, provided such employees shall be
subject to provisions of Sections 87 and 8-10.
. . .
Section 9-3. Fire Chief
The Fire Chief shall be in direct command of the Department of Fire. He shall assign all
members of the Department to their respective posts, shifts, details, and duties. He shall
make rules and regulations with the approval of the \[Mayor\] City Manager and in
conformity with the ordinances and resolutions of the City, concerning the operation of
the Department and the conduct of all employees thereof. He shall be responsible for the
efficiency, discipline, and good conduct of the Department and for the care and custody
of all property used by the Department. The Chief shall, subject to approval of the \[Mayor\]
City Manager and Council, have further power to make regulations with force of law,
implementing and giving effect to the laws and ordinances and resolutions relating to fire
prevention and fire safety.
ARTICLE 10
Department of Police
Section 10-1. Department Created
There is hereby created a Department of Police, the Director of which shall be the Chief
of Police. Personnel in the Department shall include Captains, Detective Sergeants,
Patrolmen, Matrons, and other employees of such rank and grade as the \[Mayor\] City
Manager and Council may deem necessary for public safety, provided such employees
shall be subject to provisions of Sections 8-7 and 8-10.
Section 10-2. Functions of Department
The Department of Police shall be responsible for the preservation of public peace,
prevention of crime, apprehension of criminals, protection of the rights of persons and
property and the enforcement of the laws of the State, and the ordinances of the City as
provided by this Charter and all rules and regulations made in accordance therewith, and
such other functions as the \[Mayor\] City Manager and Council may prescribe for public
safety. All members of the Department shall have all powers with respect to the service
of criminal process and the enforcement of criminal laws as are vested in police officers
by the general statutes.
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Section 10-3. Chief of Police
The Chief of Police shall be in direct command of the Department of Police. He shall
assign all members of the Department to their respective posts, shifts, details, and duties.
He shall make rules and regulations with approval of the \[Mayor\] City Manager and in
conformity with the ordinances and resolutions of the City, concerning the operation of
the Department and conduct of all employees thereof. He shall be responsible for the
efficiency, discipline, and good conduct of the Department and for the care and custody
of all property used by the Department.
. . .
ARTICLE 12
Public Works
Section 12-5. Powers and Duties
The City Planning and Zoning Commission shall have authority to prepare and submit to
the Council for its approval a master plan for the physical development of the City,
including the general location, character and extent of streets, bridges, parks, waterways
and other public ways, grounds and spaces, together with the general location of public
buildings and other public property, public utilities, and the extent and location of any
public housing or slum clearance projects. The Commission shall recommend such
modifications of said plan, from time to time, as it deems in the City's interest. All plats of
proposed subdivisions presented to the Council for approval shall be submitted to the City
Planning and Zoning Commission, which shall make recommendations to the Council
with respect thereto. The Commission shall submit annually to the \[Mayor\] City
Manager, not less than ninety days prior to the beginning of the budget year, a list of
recommended capital improvements which in the opinion of the Commission are
necessary or desirable to be constructed during the forthcoming six-year period. Such list
shall be arranged in order of preference, with recommendations as to which projects shall
be constructed in which year.
. . .
ARTICLE 13
Department of Parks and Recreation
Section 13-3. Powers and Duties
The Director of Parks and Recreation shall be responsible for the efficiency, discipline,
and good conduct of the Department and for the care and custody of all property of the
City entrusted to the Department. He shall be responsible for the performance of all
functions of the Department.
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The construction and reconstruction of all parks, playgrounds, and recreation facilities
shall be vested in the Department of Public Works. The specific determination of the
functions relating to such construction and reconstruction the Department of Public Works
shall be made by the \[Mayor\] City Manager.
Section 13-4. Rules and Regulations
On recommendation of the Director of Parks and Recreation to the \[Mayor\] City
Manager, the Council shall have power by ordinance to adopt all needful rules and
regulations relating to properties and related facilities under supervision of the Parks and
Recreation Department, whether inside or outside the City, and for the preservation of
order, safety, and decency therein. For the purpose of enforcing such rules and
regulations, all such properties shall be under the police jurisdiction of the City. Any
member of the police force of the City, or park employee appointed as a special
policeman, shall have power to arrest without warrant on all such properties any person
who has violated any such rule or regulation or committed an offense therein.
ARTICLE 14
Department of Aviation
Section 14-1 Department Created
There is hereby created a Department of Aviation, the head of which shall be the Director.
The Department shall be responsible for such functions as shall be determined by
ordinance or resolution of the City Council.
. . .
ARTICLE 17
Elections
Section 17-2. Municipal Elections
A general municipal election shall be held on the first Tuesday in November of each odd
number year \[, except that the first Mayoral election shall be held as provided in Section
20-3\]. Special municipal elections shall be held in accord with the provisions of this
Charter.
\[To be elected Mayor, a qualified candidate shall have received a majority of the votes
cast for such office. If no candidate receives a majority of the votes cast, a special run-off
election shall be held on the first Tuesday in the month following. If a run-off election is
required, the two (2) persons with the highest number of votes cast for the office shall
appear on the ballot as candidates. Notwithstanding, the Council, by ordinance, may
designate an alternative method of run-off election.\]
. . .
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ARTICLE 20
Transitional Provisions
\[Section 20-1. Status of Transitional Provisions
The purpose of this Article is to provide for an orderly transition from the Council- Manager
government to a Mayor-Council government under provisions of this Charter Amendment.
Such Article shall constitute a part of this Charter only to the extent and for the time
required to accomplish that end.
Section 20-2. Reorganization Period
The period from the passage of this Charter Amendment to the first mayor taking office
shall be known as the reorganization period. During the reorganization period from the
mayor-council government to the City Council – City Manager form of government all
officers and employees shall proceed with due diligence to effectuate the provisions of
this Charter Amendment, which will take effect immediately with majority vote of the
registered electors of the City of Pueblo. The Council, upon recommendations of the int
and in accordance with Article 7, shall adopt a budget and appropriations ordinance for
the year 2018 that effectuates the orderly transition. The Council and the City Manager
shall, in cooperation with the Mayor-elect, designate the succession of organization units,
employees, and allocate equipment and space.
Section 20-3. First Election Under Charter Amendment
The first Mayor to take office in accordance with this Charter Amendment shall be elected
at a municipal election to be held on November 6, 2018 for a term expiring on the second
Tuesday in January 2024. Thereafter, the Mayor's term and election shall be in
accordance with Article 17 and Section 4-2.
Section 20-4. Present City Manager to Continue in Office
The City Manager in office at the time of the adoption of this Charter shall continue at the
same rate of pay to serve and carry out the functions, power, and duties of the office until
the first Mayor elected under this Charter Amendment takes office.\] The office of mayor,
deputy mayor and chief of staff will be immediately dissolved. The council shall consult
with staff and appoint an interim city manager for a smooth transition of power.
Section 20-5. Status of Employees or Officers
The status of employees and officers not specifically affected by this Charter Amendment
shall remain unchanged. Accrued liabilities prior to the first Mayor taking office, including
any benefits payable to employees and officers, shall remain a liability to the Municipal
Government as if the Council-Manager form of government remained.
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Section 20-6. Retirement Plans
This Charter Amendment shall not affect any contractual relationships existing on the
effective date of this Charter Amendment between the Municipal Government and any
officers or employees by reason of any retirement plans in effect.
Section 20-7. Local Improvements
Local Improvements not completed on the effective date of this Charter Amendment shall
be governed by prior existing provisions of this until completed by the last Charter. as
amended.
Section 20-8. Outstanding and Authorized Bonds
The provisions of this Charter Amendment shall not affect municipal bonds outstanding
on the effective date of this Charter Amendment. Bonds authorized at an election held
prior to the effective date of this Charter may be issued in accordance with the provisions
of this Charter and when so issued shall be the lawful and binding obligations of the
municipal government in accordance with their import.
Section 20-9. Saving Clause
This Charter Amendment shall not affect any suit pending in any court or any document
heretofore executed in connection therewith. Nothing in this Charter Amendment shall
invalidate any existing contracts between the municipal government and individuals,
corporations, or public agencies.
Section 20-10 Severability Clause
The words, phrases, sentences, paragraphs, sections, and articles of this Charter
Amendment shall be considered to be severable, so that if any word, phrase, sentence,
paragraph, section, or article, or its application to any person or circumstance, is
superseded by state law or held invalid, the remainder of the particular phrase, sentence,
paragraph, section, or article, or the application thereof to other persons or
circumstances, shall not be deemed affected.\]
Section 20-1. Reorganization Period
The period from the passage of this Charter Amendment shall be known as the
reorganization period. During the reorganization period to a City Council – City
Manager form of government all officers and employees shall proceed with due
diligence to effectuate the provisions of this Charter Amendment, which will take
effect immediately with majority vote of the registered electors of the City of
Pueblo. City Council will immediately appoint an interim City Manager by majority
council vote. The interim position shall be a current city employee capable of
completing duties until the permanent appointment is made through proper
personnel procedures, and majority vote by council.
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Section 20-2. Status of Employees and Officers
Employees occupying, or to be transferred to a position to be placed in the
Classified Service by executive order shall be included in the Classified Service
with a qualifying examination as of the date fixed in the executive order which
classifies the position. This date shall in no case be later than July 1, 1954. The
status of employees and officers not specifically affected by this Charter
Amendment shall remain unchanged and, liabilities including any benefits payable
to employees and officers, shall remain a liability to the Municipal Government.
Section 20-3. Local Improvements
Local Improvements not completed on the effective date of this Charter
Amendment shall be governed by prior existing provisions of this until completed
by the last Charter. as amended.
Section 20-4. Retirement Plans
This Charter Amendment shall not affect any contractual relationships existing on
the effective date of this Charter Amendment between the Municipal Government
and any officers or employees by reason of any retirement plans in effect.
Section 20-5. Outstanding and Authorized Bonds
The provisions of this Charter Amendment shall not affect municipal bonds
outstanding on the effective date of this Charter Amendment. Failure to observe
requirements of the last Charter, as amended, governing municipal elections shall
not invalidate any bonds authorized at an election held prior to the effective date
of this Charter. Bonds authorized at an election held prior to the effective date of
this Charter may be issued in accordance with the provisions of this Charter and
when so issued shall be the lawful and binding obligations of the municipal
government in accordance with their import.
Section 20-6. Saving Clause
This Charter Amendment shall not affect any suit pending in any court or any
document heretofore executed in connection therewith. Nothing in this Charter
Amendment shall invalidate any existing contracts between the municipal
government and individuals, corporations, or public agencies.
Section 20-7 Severability Clause
The words, phrases, sentences, paragraphs, sections, and articles of this Charter
Amendment shall be considered to be severable, so that if any word, phrase,
sentence, paragraph, section, or article, or its application to any person or
circumstance, is superseded by state law or held invalid, the remainder of the
particular phrase, sentence, paragraph, section, or article, or the application
Council City of President
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thereof to other persons or circumstances, shall not be deemed affected.
SECTION 4.
The City Council does hereby find, determine, and declare that the ballot title set
forth in Section 2 hereof fairly expresses the true meaning and intent of the referred
Charter amendment.
SECTION 5.
The officials of the City are authorized and directed to take all actions necessary,
appropriate or required to implement the provisions of this Ordinance. The City Clerk is
directed to publish notice of election of the proposed Charter Amendment in conformity
with the provision of 5-3-2, P.M.C., C.R.S. 1-7.5-101 et seq. and C.R.S. 31-2-210 and to
certify the Ballot Title to the Pueblo County Clerk and Recorder no later than sixty days before
the November 4, 2025 coordinated election, as provided by C.R.S. 31-2-210.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 28, 2025.
Final adoption of Ordinance by City Council on August 11, 2025.
Action by the Mayor:
□ Approved on .
8/13/2025 | 4:45 PM MDT
□Disapproved on based on the following objections:
X
See Attached.
Mayor
ATTEST
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Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
6 Yes to 1 No August 25, 2025
□ Ordinance re-adopted on a vote of , on
X
□ Council action on failed to override the Mayor’s veto.
President of City Council
City Clerk
City Clerk's Office Item # R4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 11, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Roger Gomez, Councilor
SUBJECT: An Ordinance submitting to the eligible electors of the City
of Pueblo, Colorado at the Regular Municipal Election to be held
on November 4, 2025, a proposed amendment to the Charter of the City
of Pueblo changing the form of government to City Council - City Manager
and fixing the ballot title therefor
SUMMARY:
Attached is a proposed Ordinance referring to the registered voters of the City at the
Regular Municipal Election to be held on November 4, 2025, an amendment to the
Charter which would change the form of government from Mayor - Council to Council -
Manager.
PREVIOUS COUNCIL ACTION:
At the general election held November 7, 2017, Ordinance No. 9134 enacting the current
Mayor - Council form of government was submitted to and was approved by a majority
vote of the people.
BACKGROUND:
The proposed Ordinance amends the Charter of the City of Pueblo to change the form
of government from a Mayor - City Council government to a City Council - City Manager
government and in connection therewith: requires that the City Council - City Manager
form of government not be changed except by Charter Convention upon majority vote of
qualified voters; eliminates the office of City Mayor, Deputy Mayor and Chief of Staff and
establishes the office of City Manager to be selected by City Council, in which all
executive and administrative powers of the City shall be vested; gives City Council the
power to appoint all City boards and commissions whose members will be limited to four-
year terms; removes the prohibition against City Council interfering in the removal of
members of City boards and commissions; recognizes the President of the City Council
as head of City government for all ceremonial purposes and authorizes the President of
the City Council to execute and authenticate legal documents as may be required; gives
the City Council the right to enforce its own Ordinances; gives City Council the power to
appoint the City Clerk and Municipal Court Judges; allows current and former members
of the City Council to become City Manager or City employees after the first year
following the expiration of their terms of office; authorizes City Council to direct the City
Attorney to institute lawsuits; allows the functions of the Department of Aviation be
determined by Resolution; mandates that the City Council - City Manager form of
government take effect immediately if approved the registered electors of the City of
Pueblo and provides that the City Council shall appoint an interim City Manager.
FINANCIAL IMPLICATIONS:
The City will incur the cost of the Regular Municipal Election on November 4, 2025, to
be conducted as a mail ballot election by the County Clerk. The costs of the election are
currently unknown.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Members of the public are the primary stakeholders affected by the proposed Ordinance.
The public will have an opportunity to vote on the change in form of government at the
Regular Municipal Election.
ALTERNATIVES:
Not applicable to this Ordinance.
RECOMMENDATION:
None.
ATTACHMENTS:
1. Mayor-Council to Council-Manager Charter Amendment Ordinance
ORDINANCE NO. _11010___
AN ORDINANCE SUBMITTING TO THE ELIGIBLE
ELECTORS OF THE CITY OF PUEBLO, COLORADO AT
THE REGULAR MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 4, 2025 A PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF PUEBLO AND FIXING THE
BALLOT TITLE THEREFOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
There is hereby submitted to a vote of the registered electors of the City of Pueblo
at the regular municipal election to be held on November 4, 2025 a proposed amendment
to the Charter of the City of Pueblo, more particularly set forth in Section 3 of this
Ordinance.
SECTION 2.
This ballot title (submission clause and title) for the proposed Charter Amendment
set forth in Section 3 hereof is hereby fixed and adopted as follows:
BALLOT QUESTION NO. __- CHARTER AMENDMENT
(Change Form of Government to Council-Manager)
SHALL THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO
CHANGE THE FORM OF GOVERNMENT FROM A COUNCIL-MAYOR
GOVERNMENT TO A COUNCIL-MANAGER GOVERNMENT, AND IN
CONNECTION THEREWITH: REQUIRING THAT THE CITY COUNCIL -
CITY MANAGER FORM OF GOVERNMENT NOT BE CHANGED EXCEPT
BY CHARTER CONVENTION UPON MAJORITY VOTE OF QUALIFIED
VOTERS; ELIMINATING THE OFFICE OF CITY MAYOR, DEPUTY
MAYOR AND CHIEF OF STAFF AND ESTABLISHING THE OFFICE OF
CITY MANAGER TO BE SELECTED BY CITY COUNCIL, IN WHICH ALL
EXECUTIVE AND ADMINISTRATIVE POWERS OF THE CITY SHALL BE
VESTED; GIVING CITY COUNCIL THE POWER TO APPOINT ALL CITY
BOARDS AND COMMISSIONS WHOSE MEMBERS WILL BE LIMITED
TO FOUR-YEAR TERMS; REMOVING THE PROHIBITION AGAINST
CITY COUNCIL INTERFERING IN THE REMOVAL OF MEMBERS OF
CITY BOARDS AND COMMISSIONS; RECOGNIZING THE PRESIDENT
OF THE CITY COUNCIL AS HEAD OF CITY GOVERNMENT FOR ALL
CEREMONIAL PURPOSES AND AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE AND AUTHENTICATE LEGAL
DOCUMENTS AS MAY BE REQUIRED; GIVING THE CITY COUNCIL THE
RIGHT TO ENFORCE ITS OWN ORDINANCES; GIVING CITY COUNCIL
THE POWER TO APPOINT THE CITY CLERK AND MUNICIPAL COURT
JUDGES; ALLOWING CURRENT AND FORMER MEMBERS OF THE
CITY COUNCIL TO BECOME CITY MANAGER OR CITY EMPLOYEES
AFTER THE FIRST YEAR FOLLOWING THE EXPIRATION OF THEIR
TERMS OF OFFICE; AUTHORIZING CITY COUNCIL TO DIRECT THE
CITY ATTORNEY TO INSTITUTE LAWSUITS; ALLOWING THE
FUNCTIONS OF THE DEPARTMENT OF AVIATION BE DETERMINED
BY RESOLUTION; MANDATING THAT THE CITY COUNCIL - CITY
MANAGER FORM OF GOVERNMENT TAKE EFFECT IMMEDIATELY
UPON APPROVAL OF THIS CHARTER AMENDMENT BY THE
REGISTERED ELECTORS OF THE CITY OF PUEBLO AND PROVIDING
THAT THE CITY COUNCIL SHALL APPOINT AN INTERIM CITY
MANAGER.
______ YES
______ NO
SECTION 3.
There is hereby submitted to a vote of the registered electors of the City of Pueblo
at the regular municipal election to be held on November 4, 2025 an amendment to the
Charter of the City of Pueblo, as follows: (brackets indicate matter being deleted,
underscoring indicates new matter being added):
ARTICLE 1
General Provisions
Section 1-2. Form of Government
The Municipal Government provided by this Charter shall be known as the \[Mayor-
Council\] City Council-City Manager Government," and shall not be changed except in
accordance with the laws of the State of Colorado and provisions of this Charter, by
Charter Convention upon majority vote of the qualified voters. Pursuant to its
provisions and subject only to limitations imposed by the State Constitution and by this
Charter. Pursuant to its provisions and subject only to limitations imposed by the state
constitution and by this Charter, all executive powers of the city shall be vested in \[an
elected Mayor\] the City Manager and all legislative powers shall be vested in an elective
council, except as provided by law or city charter.
. . .
Section 1-5. Definitions
Certain words and phrases, when used herein, are hereby declared to have the following
meanings:
a. "Agency" shall mean any Bureau, Department, Division, or other
organizational unit in the executive branch of city government;
b. "Allotment" shall mean a portion of an appropriation made available for
expenditure during a specified period of less than one year;
c. "Appropriation" shall mean an authorization by the Council to expend from
public funds a specified maximum sum for a specified purpose and during a specified
time;
d. "Area" in the case of councilmen elected by district shall mean the
councilmanic district; for councilmen elected at large, it shall mean the City;
e. "Bureau" shall mean an organization of two or more departments headed
by one person, responsible directly to the City Manager \[Mayor\]. The heads of
departments within the Bureau are directly responsible to the Bureau Head;
f. "Candidate" shall mean any person seeking nomination or election to any
city office in Pueblo;
g. "Class" when used in connection with personnel administration, shall mean
a definitely recognized kind of employment in the Classified Service comprising positions
that are so nearly alike in duties and responsibilities that they can be equitably treated
under similar conditions for personnel purposes;
i. "Classified Service" shall mean the aggregate of all positions in municipal
service covered by Civil Service;
j. "Department" shall mean one of the major organizational units of the City;
k. "Division" shall mean a primary subdivision of a department headed by one
person responsible directly to the Department Director;
l. "Emergency Ordinance" shall mean an ordinance, the passage of which
shall be necessary to the preservation or protection of public health, property, or safety;
m. "Employees" shall mean all persons in municipal service who are not
officers;
n. "General Law" shall mean the Constitution and Statutes of the State of
Colorado and common law to the extent that common law has been adopted in Colorado;
o. "Officers" shall mean persons in municipal service specifically declared by
this Charter to be officers;
p. "Qualified Elector" shall mean a person entitled to vote at a general
municipal election, if registered, and if not registered, otherwise eligible to vote; the term
is synonymous with qualified voter;
q. "Qualified Taxpaying Electors" shall mean such of the qualified voters as
shall in the twelve months immediately preceding the date of election have paid a City
property tax on property listed on the county assessment rolls;
r. "Unclassified Service" shall mean the aggregate of all positions in municipal
service not covered by Civil Service.
ARTICLE 2
Municipal Officers
Section 2-1. Designation of Officers
In accordance with Article XX of the Constitution of the State of Colorado, the legally
qualified holders of the following positions in municipal service are hereby declared to be
officers, and their monthly salaries are hereby initially fixed in the following amounts until
changed by ordinance, but shall not be increased or decreased during the current term
of \[officers\] councilors enacting such ordinance.
\[Mayor $12,500.00\]
President of the City Council $125.00
Member of the City Council $100.00
. . .
Section 2-3. Elective Officers
The following officers shall be elected by the qualified electors:
\[Mayor\]
Members of the City Council;
Members of the Civil Service Commission;
Such other officers as provided for in this Charter.
Section 2-4. Qualification of Elective Officers
Each elective officer when elected shall have been a citizen of the United States and shall
have resided in the City for at least twelve consecutive months immediately preceding the
election, and in the precinct for ten days immediately before filing as a candidate.
Councilmen elected by districts shall also be residents and qualified electors of the
respective districts from which they are elected. A person who has been convicted of a
felony shall not become a candidate for the Council \[or Mayor\]. No elected official shall
hold any other elective public office or be an employee of the City of Pueblo.
Section 2-5. Appointive Boards and Commissions
Unless otherwise required by law, all boards and commissions shall be appointed by the
\[the Mayor\] City Council, subject to Council confirmation and shall have such powers
and perform such duties as are prescribed by the Charter or by ordinance. Members of
such boards and commissions shall serve for a period of four years, or until their
successors are appointed.
Appointments by the City Council \[Mayor\] shall specify the term of office of each
individual in order to achieve overlapping of tenure.
All members shall be subject to removal by the appointing authority.
All boards and commissions shall choose their own chairmen and operate in accordance
with the rules of procedure as set forth by the appointing authority.
Notwithstanding the foregoing, \[the Mayor and\] the City Council shall have no
jurisdiction or control over the independent Board of Water Works of Pueblo, Colorado
and shall act in accordance with section 15.2 of this Charter.
Section 2-6. Elected Officers
All elected officers shall continue to hold office until their successors are duly elected and
qualified. An elective office shall become vacant whenever any officer becomes
permanently incapacitated, either physically or mentally, and cannot perform the duties
of his office, or if a councilman absents himself from two regular council meetings during
any one calendar year without reasonable excuse, as determined by the rules of
procedure of the Council. Any officer after final conviction of a felony shall forfeit his office
forthwith. If a councilman elected from a district moves from such district during his term
of office, his office is automatically declared vacant. In the case of vacancy of a district
council member, the Council shall fill the vacancy by appointment of an eligible person
from such district. In case of a vacancy of a council member elected at large, the Council
shall fill the vacancy by appointment of an eligible person selected from the City at large.
Any vacancy in an elective office \[,except for the office of Mayor,\] shall be filled by
appointment of the Council. Any person appointed to fill a vacancy in an elective office
shall have the qualifications required of persons regularly elected and shall hold the office
until the next general municipal election when the vacancy shall be filled by election
according to law and until his successor is qualified. The term of office of any officer
elected to fill a vacancy shall terminate at the expiration of the term during which the
vacancy occurred.
\[Any vacancy in the office of the Mayor shall be filled in accordance with section 4-11 of
this Charter.\]
. . .
ARTICLE 3
City Council
Section 3-4. President of the Council
The President of the Council shall preside over meetings of the Council and have the
same right to speak and vote therein as any other member. The City Council President
shall be recognized as head of the City Government for ceremonial purposes only.
The President shall execute and authenticate legal instruments requiring a
signature as such an official. The Vice-President shall become acting president with
the same duties as provided for the President in \[his\] the absence or disability of the
President. The President shall in no case have the power of veto.
Section 3-5. General Powers
The Council shall have the power to adopt all ordinances, resolutions, or other legislation
conducive to the welfare of the people of the City and not inconsistent with this Charter,
and the Council shall not perform any executive functions except those functions
assigned to the Council by this Charter. The Council shall have all legislative powers and
functions of municipal government conferred by general law, except as provided in this
Charter:
a. Have all legislative powers of municipal government conferred by general
law, except as provided in this Charter. The Council shall act only by ordinance in matters
of legislation or appropriations, or when action by ordinance is otherwise required by this
Charter, by ordinance, or by general law: and may act by ordinances or resolutions in
other matters. When council expresses opinions, principles, facts, or propositions, it shall
be in the form of a resolution.
b. Provide for penalties for violations of its ordinances. The Council shall
provide for enforcement of its ordinances. No fines or imprisonments shall exceed
the following limits: Fines, one thousand dollars ($1,000.00); imprisonment, one (1) year;
or a combination of both fine and imprisonment within the designated limits. The amount
by which any fine exceeds three hundred dollars ($300.00) is dedicated to graffiti control
and removal and other law enforcement activities as determined by the Council.
c. The Council is \[Not\] not to be otherwise limited in its punitive or
enforcement measures.
d. The Council shall \[Approve\] approve compensation for boards,
commissions, and employees in the Classified and Unclassified Service.
e. The Council, or a duly authorized committee thereof, may \[Have\] have
the discretion to investigate any agency and the official acts of any officer or employee
thereof, and may compel by subpoena attendance and testimony of witnesses and
production of books and documents.
f. Establish and adopt by ordinance or resolution five-year goals and one-year
objectives for the City, which goals and objectives shall be reviewed and revised annually
by the Council. In doing so, Council shall \[consult with the Mayor,\] seek advice from
appropriate boards and commissions, and hold one or more public hearings before
adopting or revising the goals and objectives of the City.
g. The Council may \[Hire\] hire the personnel necessary to enable the
Council to adequately perform its duties.
h. The Council shall \[Not\] not interfere in executive appointments or
removals except for the purpose of confirmation on appointments. The Council and its
members shall deal with the administrative service solely through the city manager,
\[solely through the Mayor and neither the Council\] and no member thereof shall give
orders to any subordinates of the \[Mayor\] city manager either publicly or privately.
Council shall not interfere in the removal of heads or directors of bureaus, departments,
city employees. \[or Mayor- appointed boards and commissions.\]
i. Faithfully execute and comply with all laws, ordinances, regulations and
resolutions of the City and all laws of the State of Colorado and the United States of
America which apply to the City.
. . .
Section 3-9. Power to Make Contracts
The Council may enter contracts and leases on behalf of the Municipal Government by
ordinance only. All written contracts, to which the Municipal Government is a party, shall
be approved as to form by the City Attorney.
Nothing shall prevent making of contracts or spending of money for capital improvements
to be financed in whole or in part by issuance of bonds, nor making of contracts of lease
or for services for a period exceeding the budget year in which such contract is made.
Section 3-10. Independent Audits
The Council shall contract with or employ an independent practicing individual or firm,
permitted to practice public accounting under general law and of known standing, to
perform an annual general audit of municipal government and such other periodic post
audit as the Council may determine. Such audits shall include:
a.Post auditing all financial records and transactions of the Municipal
Government at length or by test checks;
b. Verifying general financial statements and existence and amounts of the
assets and liabilities of the Municipal Government;
c. Recommending to the City Manager \[Mayor\] the scope, form, and content
of the financial records to be kept by all agencies in order to permit a proper post audit.
d. Reporting deficiencies to proper officials for administrative, civil or criminal
action;
e. A condensed financial statement, including findings and recommendations
of the auditors, to be published annually.
Section 3-11. City Clerk
The City Council \[Mayor\] shall appoint the City Clerk, subject to Council
confirmation, who shall act as Clerk of the Council. The City Clerk shall give notice of
council meetings, keep a journal of its proceedings, authenticate by \[his\] his/her
signature and record in full in the book kept for the purpose, all ordinances and resolutions
and shall perform such other duties as shall be required by this Charter or by ordinance.
. . .
Section 3-14. Surety Bonds
The Council shall require the City Manager, the Director of Finance and such other
employees transacting financial business of the City to furnish bonds with such surety
and in such amounts as the Council may determine.
. . .
Section 3-21. Disposition of Ordinances
The President of the Council shall sign all ordinances approved by the Council,
both on the ordinance itself and in the ordinance record. The City Clerk shall present
all ordinances approved by the Council to the City Council President \[Mayor\] within
forty-eight (48) hours of final passage. \[If the Mayor approves the ordinance as passed
by the Council, he or she shall sign it within five (5) days after receiving it. If the Mayor
disapproves, the ordinance shall be returned to the Council within five (5) days after with
n writing. If then five (5) of the Council members vote to pass the
ordinance notwithstanding the objections of the Mayor. If the Mayor does not return the
ordinance with written objections within the time specified, it shall take effect as if the
Mayor had approved it. Ordinances shall be signed by both the Mayor and the President
of the Council or the President of the Council in case of veto override; both on the
ordinance itself and in the ordinance record.\] All ordinances of Pueblo shall be indexed
by subject by the City Clerk in a book kept for that purpose which shall be a public record.
. . .
ARTICLE 4
\[Mayor\]City Manager
Section 4-1. Appointment
The Council shall hire a City Manager who shall be the Executive Head of the
Municipal Government. The Council shall fix his/her salary at such amount as it
shall approve. He/she shall be appointed based on administrative and executive
qualifications with special reference to his/her actual experience in and his/her
knowledge of accepted practice in respect to the duties of his/her office as
hereafter set forth. At the time of his/her appointment the City Manager need not
be a resident of the City of Pueblo or State of Colorado, but during his/her tenure
of office he/she shall reside within the City of Pueblo within 6 months of hire. No
Councilor shall be appointed to the position of City Manager or any position in the
Classified or Unclassified Service of the City during the term for which the
councilor shall have been elected nor within one year after the expiration of his
term.
Section 4-2. Absence of City Manager
To perform duties during temporary absence or disability, the City Manager shall
designate by letter, filed with the City Clerk, a qualified administrative city
employee. In the event of failure by the City Manager to make such a designation,
the Council may, by resolution, appoint a qualified administrative city employee to
perform the duties of the City Manager until return, or disability shall cease.
Section 4-3. Removal of City Manager.
The Council shall appoint the City Manager for an indefinite term and may remove
him/her by majority vote of its members. At least thirty (30) days before such
removal shall become effective, the Council shall by majority vote of its members,
adopt a resolution stating the reasons for his/her removal. Upon removal of the
City Manager, the Council shall in any case cause to have paid him/her forthwith
any unpaid balance of his/her salary for the current month and his salary for the
next calendar month following adoption of the resolution.
Section 4-4. Council
Except for the purpose of inquiry, the Council and its members shall deal with the
administrative service solely through the City Manager and neither the Council nor
any member thereof shall give orders to any subordinates of the City Manager
either publicly or privately.
The City Manager shall:
a. Be responsible for enforcement of the laws and ordinances of the City;
b. Except as such powers may be specifically otherwise designated
herein, have power to appoint, suspend and remove heads or directors of all
bureaus, departments, and city employees; suspension or dismissal of the head or
director of a bureau or department must be by written statement giving the reasons
for such action, a copy of which must be delivered to the person concerned; all
appointments shall be based upon merit and fitness alone, provided however, that
in the Classified Service all appointments, suspensions and removals shall be
subject to the Civil Service and personnel provisions of the Charter of Pueblo. The
power to appoint heads or directors of all bureaus and departments shall be
subject to Council confirmation.
c. Except as herein otherwise provided, exercise supervision and
control over all executive and administrative departments and agencies created
herein or that may be hereafter created by the Council; Each Department shall be
headed by a Director, recommended by the city manager, and appointed by the city
council with the majority vote. Two or more departments may be headed by the
same individual. Directors of departments may also serve as chiefs of divisions.
All persons appointed as Directors of Bureaus or Departments shall be selected on
the basis of their training, experience, qualifications and fitness for the particular
job to be performed. Consideration shall be given to persons already employed in
the respective department at the time of the appointment. Appointments shall be
subject to Council confirmation. The city manager shall have power, whenever the
interest of the City requires, to assign any employee of one department to
temporary performance of similar duties in another department.
d. Prepare the Budget annually and submit it to the Council and be
responsible for its administration after adoption. Direct the Financial Director to
prepare annual budget. City Manager and Finance shall present to council for
approval, and both are responsible for its administration and after adoption as
directed by council.
e. Prepare a written state of the City report annually, which report shall
be filed with the City Clerk by the first Tuesday in February and made a part of the
permanent records of the City and available to the public. Such report shall be
submitted to the Council as of the end of the fiscal year, a complete report on
finances and administrative activities of the City for the preceding year and the
future needs of the City and make written or verbal reports to the Council at any
time required by it as to any particular matter relating to the affairs of the City within
their supervision.
f. Keep the Council advised of the financial condition and future needs
of the City and make such recommendations to the Council for adoption as he may
deem necessary or expedient.
g.Be responsible for enforcement of all terms and conditions imposed
in favor of the City or its inhabitants in any contract or public utility franchise and
upon knowledge of any violation thereof, report the same to the Council for such
action and proceedings as may be necessary to enforce the same.
\[Section 4-1. Election of Mayor
The Mayor shall meet the qualifications for elective officer on the date of filing of the
declaration of candidacy for the office of Mayor. The Mayor shall be elected by the
qualified electors of the City.
Section 4-2. Mayor's Term
The term of Mayor, unless sooner recalled or removed, shall begin on the second
Tuesday in January of the year following election and shall be for four years or until a
successor is duly elected and qualified. After having served two consecutive terms, the
incumbent Mayor shall be ineligible to hold office thereafter.
Section 4-3. Powers
The executive branch of the City government is created. The office of Mayor is created.
The Mayor shall control and direct the executive branch. The Mayor is authorized to
delegate executive and administrative power within the executive branch. The Mayor shall
be the chief executive officer with all executive and administrative powers of the City,
except as otherwise provided in this Charter. The Mayor is the official head of the City for
all ceremonial purposes. The Mayor shall devote full-time and attention to the
performance of the duties of office the position and shall hold no other paid public or
private employment.
Section 4-4. Duties of Mayor.
The Mayor shall:
a. Be responsible for enforcement of the laws and ordinances of the City;
b. Except as such powers may be specifically otherwise designated herein,
have power to appoint, suspend and remove heads or directors of all bureaus,
departments, and city employees; suspension or dismissal of the head or director of a
bureau or department must be by written statement giving the reasons for such action, a
copy of which must be delivered to the person concerned; all appointments shall be based
upon merit and fitness alone, provided however, that in the Classified Service all
appointments, suspensions and removals shall be subject to the Civil Service and
personnel provisions of the Charter of Pueblo. The power to appoint heads or directors
of all bureaus and departments shall be subject to Council confirmation.
c. Except as herein otherwise provided, exercise supervision and control over
all executive and administrative departments and agencies created herein or that may be
hereafter created by the Council; Each Department shall be headed by a Director,
recommended by the city manager, and appointed by the city council with the majority
vote. Two or more departments may be headed by the same individual. Directors of
departments may also serve as chiefs of divisions. All persons appointed as Directors of
Bureaus or Departments shall be selected on the basis of their training, experience,
qualifications and fitness for the particular job to be performed. Consideration shall be
given to persons already employed in the respective department at the time of the
appointment. Appointments shall be subject to Council confirmation. The city manager
shall have power, whenever the interest of the City requires, to assign any employee of
one department to temporary performance of similar duties in another department.
d. Prepare the Budget annually and submit it to the Council and be responsible
for its administration after adoption. Direct the Financial Director to prepare annual
budget. City Manager and Finance shall present to council for approval, and both are
responsible for its administration and after adoption as directed by council.
e. Prepare a written state of the City report annually, which report shall be filed
with the City Clerk by the first Tuesday in February and made a part of the permanent
records of the City and available to the public. Such report shall be submitted to the
Council as of the end of the fiscal year, a complete report on finances and administrative
activities of the City for the preceding year and the future needs of the City and make
written or verbal reports to the Council at any time required by it as to any particular matter
relating to the affairs of the City within their supervision.
f. Keep the Council advised of the financial condition and future needs of the
City and make such recommendations to the Council for adoption as he may deem
necessary or expedient.
g. Be responsible for enforcement of all terms and conditions imposed in favor
of the City or its inhabitants in any contract or public utility franchise and upon knowledge
of any violation thereof, report the same to the Council for such action and proceedings
as may be necessary to enforce the same.
h. Appoint the Deputy Mayor subject to Council confirmation:
i. Appoint the members of city boards and commissions pursuant to Section
2-5
j. Recommend to the Council such measures and ordinances as he or she
may deem necessary or expedient, and to make such other recommendations to the
Council concerning the affairs of the City. as the Mayor finds desirable:
k. Participate in discussions of the Council in an advisory capacity have the
right to attend and be heard at any regular, special, open or closed session meeting of
the Council, but not the right to vote at such meetings:
l. Perform such other duties as may be prescribed by this Charter.
m. Faithfully execute and comply with all laws, ordinances, and regulations of
the City and all laws of the State of Colorado and the United States of America which
apply to the City.
Section 4-5. Deputy Mayor
The Mayor shall designate a member of the cabinet, as the term is defined in Section 4-
6 of this Charter, to be the Deputy Mayor. The designation shall be filed with the City
Clerk. The designation shall be valid for one (1) year unless a vacancy in the office occurs,
in which case the Mayor shall appoint another member of the cabinet to be the Deputy
Mayor. The Deputy Mayor shall serve at the pleasure of the Mayor.
Section 4-6. Administrative Departments - Mayor's Cabinet
There shall be the following Departments: Aviation, Finance, Fire, Health, Law, Parks and
Recreation, Personnel, Police, Public Works, and Purchasing. and such others as may
be established by ordinance. upon the recommendation of the City Manager. The Mayor's
cabinet shall be composed of the directors of the Departments and such other
Departments as may be established by ordinance upon the recommendation of the
Mayor.
Section 4-7. Directors of Departments
Each Department shall be headed by a Director, recommended by the appointed the
Mayor city manager, and appointed by the city council with the majority vote. Directors
shall serve at the pleasure of the Mayor.
All persons appointed as Directors of Bureaus or Departments shall be selected on the
basis of their training, experience, qualifications and fitness for the particular job to be
performed. Consideration shall be given to persons already employed in the respective
department at the time of the appointment. Appointments shall be subject to Council
confirmation.
Two or more departments may be headed by the same individual; the Deputy Mayor must
head one or more departments. Directors of departments may also serve as chiefs of
divisions.
Section 4-8. Departmental Divisions
The work of each department may be distributed among such divisions thereof as may
be established by ordinance upon recommendation of the Mayor or by regulations issued
by the Mayor, pending passage of such an ordinance.
Section 4-9. Assignment of Employees
The Mayor shall have power, whenever the interest of the City requires, to assign any
employee of one department to temporary performance of similar duties in another
department.
Section 4-10. Action on Ordinances
Upon presentation of all ordinances approved by the Council to the Mayor in accordance
with Section 3-21 of this Charter, the Mayor shall:
a. Sign such ordinance within five (5) days if he or she approves; or
b. Return such ordinance to the Council within five (5) days if he or she
disapproves, with the Mayor's objections in writing.
\[If then five (5) of the Council members vote to pass the same over the Mayor's veto, it
shall become an ordinance notwithstanding the objections of the Mayor. If the Mayor does
not return the ordinance with written objections within the time specified, it shall take effect
as if the Mayor had approved it.
Section 4-11. Vacancy in the Office of Mayor - Succession of Acting Mayor
In the event a vacancy occurs in the office of Mayor, the Deputy Mayor shall resign his or
her office and shall become acting Mayor; except that if the Deputy Mayor refuses or is
unable to discharge the duties of the office of Mayor, the person shall not resign as a
Director; and the office shall be filled by appointment of the Council.
Any person appointed to fill a vacancy in the office of Mayor shall have the qualifications
required of persons regularly elected and shall hold the office until the next general
municipal election or special run-off election, when the vacancy shall be filled by election
according to law and until his or her successor is qualified. The term of office of any
person filling the vacancy in the office of Mayor shall terminate at the expiration of the
term during which the vacancy occurred.\]
ARTICLE 5
Municipal Court
Section 5-1. Municipal Court
There shall be a Municipal Court vested with exclusive original jurisdiction of all causes
arising under the Charter and the ordinances of the City of Pueblo. The \[Mayor\] City
Council shall appoint, by majority vote \[subject to Council confirmation\], as many
Municipal Judges as may be required to conduct the affairs of the Municipal Court.
Municipal Judges shall be attorneys admitted to practice law in Colorado. Each Municipal
Judge shall be appointed by the \[Mayor\] Council for a term of two years and may be
removed by the \[Mayor\] Council for cause. The \[Mayor\] Council shall designate one
Judge to be the presiding Judge, who shall act as Municipal Court Administrator and who
shall supervise all Court personnel. The Judges shall receive such compensation as shall
be fixed by the Council. In the absence of any Judge, the presiding Judge may designate
a reputable attorney to serve in the place of the absent Judge.
Term of Municipal Court and local rules of procedure shall be enacted by the Council
upon recommendation of the Municipal Judges.
ARTICLE 6
Department of Law
Section 6-3. Institution of Suits
When directed by \[the Mayor in writing or by\] the Council, the City Attorney shall institute
or defend any suit, action, or proceeding on behalf of the Municipal Government or an
agency.
Section 6-4. Notice of Personal Injuries
Before the Municipal Government shall be liable for damages to a person injured on a
street, avenue, alley, sidewalk, public place or way, the person so injured, or someone in
his behalf, shall notify the Municipal Government within the time period, and manner
required by the laws of the State of Colorado and within sixty (60) days after receiving
the injuries, shall notify the City Manager in writing, stating fully the time, place,
circumstances, and extent of injuries.
. . .
ARTICLE 7
Finance Administration
Part l - Budget
Section 7-2. Submission of the Budget
Not later than the first regular meeting of the Council in October of each year, the
\[Mayor\] City Manager shall submit to the Council:
a. An annual or current expense budget, hereafter referred to as the "Budget",
which shall be a complete financial plan for the ensuing fiscal year, consisting of the
budget proper and the budget message.
b. A capital budget.
Section 7-3. Scope of Annual Budget
The Budget shall contain:
a. An estimate of all revenue cash receipts anticipated from sources other than
the tax levy of the ensuring fiscal year;
b. An estimate of the General Fund cash surplus at the end of the current fiscal
year or of the deficit to be made up by appropriation;
c. The estimated expenditures necessary for operation of the several
department, offices and agencies of the City;
d. Debt service requirements for the ensuring fiscal year;
e. An estimate of the sum required to be raised by the tax levy for the ensuring
fiscal year, and the rate of levy necessary to produce such sum based on a percentage
of collection not exceeding the lowest percentage of current levy collection experienced
during the three preceding complete fiscal years;
f. A balanced relation between total estimated expenditures and total
anticipated revenue cash receipts, taking into account the estimated General Fund cash
surplus or deficit at the end of the current fiscal year.
All estimates shall be in detail showing revenues by sources and expenditures by
organizational units, activities, character and object. The Budget shall be so arranged as
to show comparative figures for receipts and expenditures for at least two prior years and
for the current year and the \[Mayor's\] City Mrecommendations for the ensuring
year. The Budget may provide an additional amount as a reserve to meet and care for
expenditures to be made from such fund during the months of January to April in the year
following the year for which the Budget and Appropriation Ordinance shall apply.
Section 7-4. The Budget Message
The budget message shall contain the recommendations of the \[Mayor\] City Manager
concerning the fiscal policy of the City, a description of the important features of the
budget plan, an explanation of all major increases or decreases in budget
recommendations as compared with prior years, and a summary of the proposed budget
showing comparisons similar to those required in the budget proper, itemized by principal
sources of revenue and the main items of expenditure.
Section 7-5. Departmental Estimates - The Head of each department, office or agency
shall submit to the \[Mayor\] City Manager, at such date as the \[Mayor\] City Manager
shall determine, estimates of revenue and expenditure for that department, office, or
agency. Such estimates shall be submitted upon forms furnished by the \[Mayor\] City
Manager and shall contain all information which \[he\] may be \[require\] required. The
form submitted shall include data regarding expenditures of the last fiscal year and
estimates of expenditures to be required for the current fiscal year. The \[Mayor\] City
Manager shall review the estimates and in preparing the Budget may revise them as \[he
or she may deem\] deemed advisable.
. . .
Section 7-8. Budget - A Public Record
The Budget shall be a public record in the office of the City Clerk and shall be open to
public inspection, and sufficient copies shall be made available for the use of the Council
and the public, the number of copies to be determined by the \[Mayor\] City Manager
. . .
Section 7-12. Work Program and Allotments
After the annual appropriation has been adopted and before the beginning of the fiscal
year the head of each department, office or agency shall submit to the \[Mayor\] City
Manager in such form \[as he shall prescribe\] as prescribed, a work program which shall
show the requested allotments of the appropriations for such department, office or agency
for the entire fiscal year by monthly or quarterly periods as the \[Mayor\] City Manager
may direct. Before the beginning of the fiscal year the \[Mayor\] City Manager shall
approve with such amendments as \[he\] shall \[determine\] determined by the City
Manager, the allotments for each such department, office, or agency, and shall file the
same with the Director of Finance, who shall not authorize any expenditure to be made
from any appropriation except on the basis of approved allotments. The aggregate of
such allotments shall not exceed the total appropriation available to said department,
office, or agency for the fiscal year. An approved allotment may be revised during the
fiscal year in the same manner as the original allotment was made. If at any time during
the fiscal year the \[Mayor\] City Manager shall ascertain that the revenue cash receipts
for the year, plus General Fund cash surplus from the preceding year, will be less than
the local appropriations, \[he or she\] the City Manager shall reconsider the work
programs and allotments of the several departments, offices and agencies, and revise
the allotments so as to forestall the incurring of a deficit.
Section 7-13. Transfers of Appropriations
\[The Mayor\] City Manager may at any time transfer any unencumbered appropriation
balance or portion thereof from one classification of expenditure to another within the
same department, office, or agency. At the request of the \[Mayor\] City Manager the
Council may by resolution transfer any unencumbered appropriation balance or portion
thereof from one department, office, or agency to another.
Section 7-14. Additional Appropriations
Appropriations in addition to those contained in the Budget shall be made only on the
recommendation of the \[Mayor\] City Manager and only if the Director of Finance certifies
that there is available a cash surplus sufficient to meet such appropriations, provided that
this limitation shall not apply to meeting a public emergency threatening the lives, health,
or property of citizens; provided that such an emergency appropriation shall require a
majority vote of the Council membership \[and the concurrence of the Mayor\].
. . .
Section 7-16. Capital Budget
As a part of the budget message or as a separate report attached thereto the \[Mayor\]
City Manager shall present a program, previously considered by the Planning and Zoning
Commission as provided in this Charter or proposed capital projects for the ensuing fiscal
year and for four (4) fiscal years thereafter. Estimates of the cost of such projects shall
be submitted by each department, office or agency annually in the same manner as
estimates of other budgetary requirements are prepared for the \[Mayor\] City Manager.
The \[Mayor\] City Manager shall recommend to the Council those projects to be
undertaken during the ensuing fiscal year and the method of financing the same. The
Council may levy annually a tax of not more than two (2) mills to be assessed upon the
valuation within the City at the same time as the regular annual taxes for city expenses,
for the benefit of a fund to be known as the "Capital Improvement Fund" established for
the purpose of paying the cost of capital improvements for which the City is authorized by
this Charter to issue bonds and for no other purpose. The proceeds of such levy shall be
kept by the Director of Finance in a special account until invested as authorized by the
Council subject to existing laws. The Council shall have power to transfer from time to
time to the Capital Improvement Fund any portion of the General Fund surplus not
otherwise appropriated. Appropriations for construction or other permanent
improvements, from the Capital Improvement Fund shall not lapse until the purpose for
which the appropriation was made shall have been accomplished or abandoned, provided
any project shall be deemed to have been abandoned if three (3) fiscal years elapse
without expenditure from the encumbrance of the appropriation therefor. Any
unappropriated balance in the Capital Improvement Fund may be transferred by the
Council for payment of outstanding bonded indebtedness of the City. Provisions of this
Section shall be subject to and carried out in accordance with the Constitution and the
laws of the State of Colorado.
Part II - Department of Finance
Section 7-18. Director of Finance - Powers and Duties
The Director of Finance, under jurisdiction of the \[Mayor\] City Manager, shall have
charge of administration of the financial affairs of the City and to that end he shall have
authority and shall be required to:
a. Compile the current expense estimates for the Budget of the City;
b. Compile the capital estimates for the Annual Budget in compliance with
recommendations of the Planning and Zoning Commission;
c. Supervise and be responsible for disbursement of all monies to ensure that
budget appropriations are not exceeded, or payments illegally made;
d. Maintain a general accounting system for the City Government and each of
its offices, departments and agencies; keep books for and exercise financial budgetary
control over each office, department and agency; keep separate accounts for items of
appropriation contained in the City Budget, each of which accounts shall show the amount
of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the
unencumbered balance; require reports of receipts and disbursements from each
receiving and spending agency of City Government to be made daily or at such intervals
as he may deem expedient;
e. Submit monthly to the \[Mayor and\] Council a statement of all accounts and
funds, including trust and custodial funds, showing receipts and disbursements in
sufficient detail to show the exact financial condition of the City, and release same for
public information;
f. Prepare, as of the end of each fiscal year, a complete financial statement
and report;
g. Prepare tax maps and give such notice of taxes and special assessments
as may be required by law;
h. Receive from the County Treasurer all funds due the City from taxes,
special assessments, and other items which are collected for the City by said County
Treasurer. To collect such other taxes, special assessments, license fees and other
revenues of the City or for whose collection the City is responsible and receive all money
receivable by the City from the state or federal government, or from any court, or from
any office, department or agency of the City, or any other agency or office which is not
now in existence but which may in the future be created or provided for;
i. Have custody of all public funds belonging to or under the control of the
City, or any office, department or agency of the City Government, and deposit or invest
all funds coming into his hands as shall be designated by resolution of the Council, subject
to the requirements of law as to surety and payment of interest on deposits or
investments. All interest shall be the property of the City and shall be accounted for and
credited to the proper account;
j. Have custody of all investments and invested funds of the City Government,
or in possession of such government in a fiduciary capacity, and have the safekeeping of
all bonds and notes of the City and the receipt and delivery of city bonds and notes for
transfer, registration or exchange;
k. Unless he shall certify that there is a balance of appropriation for proposed
expenditure and available funds, no expenditure shall be made.
Section 7-19. Accounting - Supervision and Control
The Director of Finance shall have power and shall be required, under jurisdiction of the
\[Mayor\] City Manager to:
a. Prescribe the forms of receipts, bills, vouchers, or claims to be used by all
offices, departments, and agencies of the City Government.
b. Examine all contracts, orders and other documents by which the City
Government incurs financial obligations, having previously ascertained that monies have
been appropriated and allotted and will be available when the obligation shall become
due and payable; and audit and approve before payment all bills, invoices, payrolls and
other evidence of claims, demands or charges against the City Government and with the
advice of the City Attorney determine the regularity, legality and correctness of such
claims, demands or charges.
. . .
Part IV Purchases
Section 7-28. Purchases
There shall be established a Department of Purchases and Supplies, the Director of which
shall be the City Purchasing Agent, under jurisdiction of the \[Mayor\] City Manager
Pursuant to rules and regulations established by ordinance, the Purchasing Agent shall
contract for and purchase all supplies, materials, equipment, and contractual services
required by any department, office, or agency of the City Government. \[He\] The
Purchasing Agent shall have the following powers and duties:
a. To establish and enforce with approval of the \[Mayor\] City Manager and
after consultation with the directors of the departments concerned, standard
specifications for all supplies, materials and equipment required by the City Government;
b. To prescribe the time of making requisitions for such supplies, materials and
equipment, and the future period which said requisitions are to cover;
c. To inspect, or cause to be inspected, all deliveries of such supplies,
materials and equipment, and to cause tests to be made when necessary in order to
determine their quality and conformance with the specifications;
d. To supervise and control such central storerooms as the Council may
provide by ordinance to serve the several departments, offices or agencies;
e. To supervise transfer of materials, supplies and equipment between
departments or agencies, as needed, after consultation with the department or agency
heads concerned;
f. To sell those surplus articles no longer of use to the Municipality before their
value is lost through obsolescence, deterioration or spoilage, and to sell all scrap metals,
materials or equipment. At each sale a number of prospective buyers shall be asked to
quote prices by sealed bids and such articles shall be sold to the highest bidder, or the
Purchasing Agent may reject all bids;
g. To create and maintain a record of non-expendable property owned by the
City of Pueblo. The Equipment-Owned Record is to cover only those items of movable
equipment having the following characteristics:
(1) Having a unit cost in excess of $50.00, and such other items as the
Purchasing Agent may prescribe;
(2) Shall include only those items of equipment not carried as a regular
stock item in the city storerooms;
h. To mark, or cause to be marked, with identification or number, all equipment
owned by the City of Pueblo to prevent misuse thereof;
i. To purchase at the expense of the City, Surety Bonds for all officers and
employees of the City required by law or ordinance to furnish such bonds to the City, and
insurance of such types against liability, loss or damage on the part of the City or its
property as the Council, upon recommendation of the \[Mayor\] City Manager, may
authorize, and be responsible for collection of insurance benefits and other matters
relating to the administration of the City's insurance.
. . .
Section 7-32. Contracts for City Improvement
Any city improvements except those performed directly by a city department or in special
or local improvement districts shall be contracted for as follows: The Purchasing Agent
shall, on the basis of specifications prepared by the Department of Public Works and
approved by the Director of the department concerned and the \[Mayor\] City Manager,
advertise for and receive bids for any public work or improvement and shall open and
tabulate same and present the results to a Committee of Awards consisting of the \[Mayor\]
City Manager, the Director of Public Works and the Head of the department, division or
agency concerned. The Committee of Awards shall have the following alternatives:
a. Accept the lowest bid and recommend to the council that it authorize the
work or improvement to be performed. (See section 7-29);
b. Reject all bids and order the Purchasing Agent to readvertise for bids;
c. Abandon the project.
. . .
ARTICLE 8
Personnel Administration
Section 8-2. Director Duties
The Director of Personnel and the Civil Service Commission shall have authority and be
required to prepare and recommend to the City Council, through the \[Mayor\] City
Manager such rules as may be considered necessary, appropriate, or desirable to carry
out the provision of this Article and perform such other duties as may be required by this
Charter, by ordinance, or by the \[Mayor\] City Manager
. . .
Section 8-5. Unclassified and Classified Service
Employment in the City shall be divided into Unclassified and Classified service.
a. The Unclassified Service shall comprise and consist of the following offices:
(1) Members of the City Council and other elective officers, and persons
appointed to fill vacancies in elective offices;
(2) The City Clerk;
(3) The \[Mayor, Deputy Mayor, and Assistant Deputy Mayors if any;\]
City Manager, and Assistant Managers if any;
(4) The Directors and Heads of Bureaus and Departments;
(5) One Private Secretary to the \[Mayor\] City Manager;
(6) members of Boards and Commissions in the Municipal Service
except those specifically provided for in other sections of the Charter;
(7) Persons employed to make or conduct a special inquiry,
investigation, examination, or installation, if the Council or the \[Mayor\] City
Manager certifies that such employment is temporary, and that the work should
not be performed by employees in the Classified Service.
(8) Municipal Judges;
(9) City Attorneys;
(10) The Post-Auditor appointed by the Council;
(11) Persons performing service to the City without compensation from
the City;
(12) Police Surgeon;
(13) Part-time Employees. (A part-time employee is defined as follows:
No such person shall work more than the equivalent of eight months in any year in
such temporary, part time, incidental or emergency status.)
b. The Classified Service shall comprise all positions not specifically included
by this section in the Unclassified Service, and shall be subject to Civil Service.
. . .
Section 8-8. Pay Schedule
There shall be prepared and maintained by the Director of Personnel a Uniform Schedule
of Pay in the Classified Services, which shall be approved by the \[Mayor\] City Manager.
The \[Mayor\] City Manager shall then submit the Pay Schedule to the City Council and
such schedule shall take effect when approved by the City Council, except that, the Pay
Schedule for employees in the Classified Service who are represented by a sole and
exclusive collective bargaining agent shall be determined in accord with Section 8-14 of
this Charter. The adoption of a Pay Schedule, including provisions relating to wages and
hours and classification of positions in the Classified Service, and all details relating
thereto is hereby specifically declared to be an Administrative Act or function of the
\[Mayor and\] City Council and shall not be subject to the initiative and referendum
provisions of the Charter, except as is otherwise provided in Section 8-14
. . .
Section 8-11. Establishment of Retirement Plans
The Director of Personnel may cause to have prepared a retirement and disability plan or
plans. Retirement funds may be administered by the Department of Finance. The
Directors of Personnel and of Finance shall collaborate in continuous study of pension
benefits and costs and shall provide for actuarial studies of costs of such plans. They
shall report their findings and recommendations to the \[Mayor\] City Manager, the
Council, and the public. No benefit plan shall be established or shall any increases in
existing plans be provided except pursuant to such studies and recommendations. Any
benefit plan shall be established on a jointly contributory basis with the employees and
the City sharing the cost.
. . .
ARTICLE 9
Department of Fire
Section 9-1. Department Created
There is hereby created a Department of Fire, the Director of which shall be the Fire Chief.
Personnel in the Department shall include Assistant Fire Chiefs, Captains, Engineers,
Operators, and other employees of such rank and grade as the \[Mayor\] City Manager
and Council may deem necessary for public safety, provided such employees shall be
subject to provisions of Sections 87 and 8-10.
. . .
Section 9-3. Fire Chief
The Fire Chief shall be in direct command of the Department of Fire. He shall assign all
members of the Department to their respective posts, shifts, details, and duties. He shall
make rules and regulations with the approval of the \[Mayor\] City Manager and in
conformity with the ordinances and resolutions of the City, concerning the operation of
the Department and the conduct of all employees thereof. He shall be responsible for the
efficiency, discipline, and good conduct of the Department and for the care and custody
of all property used by the Department. The Chief shall, subject to approval of the \[Mayor\]
City Manager and Council, have further power to make regulations with force of law,
implementing and giving effect to the laws and ordinances and resolutions relating to fire
prevention and fire safety.
ARTICLE 10
Department of Police
Section 10-1. Department Created
There is hereby created a Department of Police, the Director of which shall be the Chief
of Police. Personnel in the Department shall include Captains, Detective Sergeants,
Patrolmen, Matrons, and other employees of such rank and grade as the \[Mayor\] City
Manager and Council may deem necessary for public safety, provided such employees
shall be subject to provisions of Sections 8-7 and 8-10.
Section 10-2. Functions of Department
The Department of Police shall be responsible for the preservation of public peace,
prevention of crime, apprehension of criminals, protection of the rights of persons and
property and the enforcement of the laws of the State, and the ordinances of the City as
provided by this Charter and all rules and regulations made in accordance therewith, and
such other functions as the \[Mayor\] City Manager and Council may prescribe for public
safety. All members of the Department shall have all powers with respect to the service
of criminal process and the enforcement of criminal laws as are vested in police officers
by the general statutes.
Section 10-3. Chief of Police
The Chief of Police shall be in direct command of the Department of Police. He shall
assign all members of the Department to their respective posts, shifts, details, and duties.
He shall make rules and regulations with approval of the \[Mayor\] City Manager and in
conformity with the ordinances and resolutions of the City, concerning the operation of
the Department and conduct of all employees thereof. He shall be responsible for the
efficiency, discipline, and good conduct of the Department and for the care and custody
of all property used by the Department.
. . .
ARTICLE 12
Public Works
Section 12-5. Powers and Duties
The City Planning and Zoning Commission shall have authority to prepare and submit to
the Council for its approval a master plan for the physical development of the City,
including the general location, character and extent of streets, bridges, parks, waterways
and other public ways, grounds and spaces, together with the general location of public
buildings and other public property, public utilities, and the extent and location of any
public housing or slum clearance projects. The Commission shall recommend such
modifications of said plan, from time to time, as it deems in the City's interest. All plats of
proposed subdivisions presented to the Council for approval shall be submitted to the City
Planning and Zoning Commission, which shall make recommendations to the Council
with respect thereto. The Commission shall submit annually to the \[Mayor\] City
Manager, not less than ninety days prior to the beginning of the budget year, a list of
recommended capital improvements which in the opinion of the Commission are
necessary or desirable to be constructed during the forthcoming six-year period. Such list
shall be arranged in order of preference, with recommendations as to which projects shall
be constructed in which year.
. . .
ARTICLE 13
Department of Parks and Recreation
Section 13-3. Powers and Duties
The Director of Parks and Recreation shall be responsible for the efficiency, discipline,
and good conduct of the Department and for the care and custody of all property of the
City entrusted to the Department. He shall be responsible for the performance of all
functions of the Department.
The construction and reconstruction of all parks, playgrounds, and recreation facilities
shall be vested in the Department of Public Works. The specific determination of the
functions relating to such construction and reconstruction the Department of Public Works
shall be made by the \[Mayor\] City Manager.
Section 13-4. Rules and Regulations
On recommendation of the Director of Parks and Recreation to the \[Mayor\] City
Manager, the Council shall have power by ordinance to adopt all needful rules and
regulations relating to properties and related facilities under supervision of the Parks and
Recreation Department, whether inside or outside the City, and for the preservation of
order, safety, and decency therein. For the purpose of enforcing such rules and
regulations, all such properties shall be under the police jurisdiction of the City. Any
member of the police force of the City, or park employee appointed as a special
policeman, shall have power to arrest without warrant on all such properties any person
who has violated any such rule or regulation or committed an offense therein.
ARTICLE 14
Department of Aviation
Section 14-1 Department Created
There is hereby created a Department of Aviation, the head of which shall be the Director.
The Department shall be responsible for such functions as shall be determined by
ordinance or resolution of the City Council.
. . .
ARTICLE 17
Elections
Section 17-2. Municipal Elections
A general municipal election shall be held on the first Tuesday in November of each odd
number year \[, except that the first Mayoral election shall be held as provided in Section
20-3\]. Special municipal elections shall be held in accord with the provisions of this
Charter.
\[To be elected Mayor, a qualified candidate shall have received a majority of the votes
cast for such office. If no candidate receives a majority of the votes cast, a special run-off
election shall be held on the first Tuesday in the month following. If a run-off election is
required, the two (2) persons with the highest number of votes cast for the office shall
appear on the ballot as candidates. Notwithstanding, the Council, by ordinance, may
designate an alternative method of run-off election.\]
. . .
ARTICLE 20
Transitional Provisions
\[Section 20-1. Status of Transitional Provisions
The purpose of this Article is to provide for an orderly transition from the Council- Manager
government to a Mayor-Council government under provisions of this Charter Amendment.
Such Article shall constitute a part of this Charter only to the extent and for the time
required to accomplish that end.
Section 20-2. Reorganization Period
The period from the passage of this Charter Amendment to the first mayor taking office
shall be known as the reorganization period. During the reorganization period from the
mayor-council government to the City Council City Manager form of government all
officers and employees shall proceed with due diligence to effectuate the provisions of
this Charter Amendment, which will take effect immediately with majority vote of the
registered electors of the City of Pueblo. The Council, upon recommendations of the int
and in accordance with Article 7, shall adopt a budget and appropriations ordinance for
the year 2018 that effectuates the orderly transition. The Council and the City Manager
shall, in cooperation with the Mayor-elect, designate the succession of organization units,
employees, and allocate equipment and space.
Section 20-3. First Election Under Charter Amendment
The first Mayor to take office in accordance with this Charter Amendment shall be elected
at a municipal election to be held on November 6, 2018 for a term expiring on the second
Tuesday in January 2024. Thereafter, the Mayor's term and election shall be in
accordance with Article 17 and Section 4-2.
Section 20-4. Present City Manager to Continue in Office
The City Manager in office at the time of the adoption of this Charter shall continue at the
same rate of pay to serve and carry out the functions, power, and duties of the office until
the first Mayor elected under this Charter Amendment takes office.\] The office of mayor,
deputy mayor and chief of staff will be immediately dissolved. The council shall consult
with staff and appoint an interim city manager for a smooth transition of power.
Section 20-5. Status of Employees or Officers
The status of employees and officers not specifically affected by this Charter Amendment
shall remain unchanged. Accrued liabilities prior to the first Mayor taking office, including
any benefits payable to employees and officers, shall remain a liability to the Municipal
Government as if the Council-Manager form of government remained.
Section 20-6. Retirement Plans
This Charter Amendment shall not affect any contractual relationships existing on the
effective date of this Charter Amendment between the Municipal Government and any
officers or employees by reason of any retirement plans in effect.
Section 20-7. Local Improvements
Local Improvements not completed on the effective date of this Charter Amendment shall
be governed by prior existing provisions of this until completed by the last Charter. as
amended.
Section 20-8. Outstanding and Authorized Bonds
The provisions of this Charter Amendment shall not affect municipal bonds outstanding
on the effective date of this Charter Amendment. Bonds authorized at an election held
prior to the effective date of this Charter may be issued in accordance with the provisions
of this Charter and when so issued shall be the lawful and binding obligations of the
municipal government in accordance with their import.
Section 20-9. Saving Clause
This Charter Amendment shall not affect any suit pending in any court or any document
heretofore executed in connection therewith. Nothing in this Charter Amendment shall
invalidate any existing contracts between the municipal government and individuals,
corporations, or public agencies.
Section 20-10 Severability Clause
The words, phrases, sentences, paragraphs, sections, and articles of this Charter
Amendment shall be considered to be severable, so that if any word, phrase, sentence,
paragraph, section, or article, or its application to any person or circumstance, is
superseded by state law or held invalid, the remainder of the particular phrase, sentence,
paragraph, section, or article, or the application thereof to other persons or
circumstances, shall not be deemed affected.\]
Section 20-1. Reorganization Period
The period from the passage of this Charter Amendment shall be known as the
reorganization period. During the reorganization period to a City Council City
Manager form of government all officers and employees shall proceed with due
diligence to effectuate the provisions of this Charter Amendment, which will take
effect immediately with majority vote of the registered electors of the City of
Pueblo. City Council will immediately appoint an interim City Manager by majority
council vote. The interim position shall be a current city employee capable of
completing duties until the permanent appointment is made through proper
personnel procedures, and majority vote by council.
Section 20-2. Status of Employees and Officers
Employees occupying, or to be transferred to a position to be placed in the
Classified Service by executive order shall be included in the Classified Service
with a qualifying examination as of the date fixed in the executive order which
classifies the position. This date shall in no case be later than July 1, 1954. The
status of employees and officers not specifically affected by this Charter
Amendment shall remain unchanged and, liabilities including any benefits payable
to employees and officers, shall remain a liability to the Municipal Government.
Section 20-3. Local Improvements
Local Improvements not completed on the effective date of this Charter
Amendment shall be governed by prior existing provisions of this until completed
by the last Charter. as amended.
Section 20-4. Retirement Plans
This Charter Amendment shall not affect any contractual relationships existing on
the effective date of this Charter Amendment between the Municipal Government
and any officers or employees by reason of any retirement plans in effect.
Section 20-5. Outstanding and Authorized Bonds
The provisions of this Charter Amendment shall not affect municipal bonds
outstanding on the effective date of this Charter Amendment. Failure to observe
requirements of the last Charter, as amended, governing municipal elections shall
not invalidate any bonds authorized at an election held prior to the effective date
of this Charter. Bonds authorized at an election held prior to the effective date of
this Charter may be issued in accordance with the provisions of this Charter and
when so issued shall be the lawful and binding obligations of the municipal
government in accordance with their import.
Section 20-6. Saving Clause
This Charter Amendment shall not affect any suit pending in any court or any
document heretofore executed in connection therewith. Nothing in this Charter
Amendment shall invalidate any existing contracts between the municipal
government and individuals, corporations, or public agencies.
Section 20-7 Severability Clause
The words, phrases, sentences, paragraphs, sections, and articles of this Charter
Amendment shall be considered to be severable, so that if any word, phrase,
sentence, paragraph, section, or article, or its application to any person or
circumstance, is superseded by state law or held invalid, the remainder of the
particular phrase, sentence, paragraph, section, or article, or the application
thereof to other persons or circumstances, shall not be deemed affected.
SECTION 4.
The City Council does hereby find, determine, and declare that the ballot title set
forth in Section 2 hereof fairly expresses the true meaning and intent of the referred
Charter amendment.
SECTION 5.
The officials of the City are authorized and directed to take all actions necessary,
appropriate or required to implement the provisions of this Ordinance. The City Clerk is
directed to publish notice of election of the proposed Charter Amendment in conformity
with the provision of 5-3-2, P.M.C., C.R.S. 1-7.5-101 et seq. and C.R.S. 31-2-210 and to
certify the Ballot Title to the Pueblo County Clerk and Recorder no later than sixty days before
the November 4, 2025 coordinated election, as provided by C.R.S. 31-2-210.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 28, 2025.
Final adoption of Ordinance by City Council on August 11, 2025.
President of City Council
Action by the Mayor:
Approved on .
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of , on
Council action on _______
President of City Council
ATTEST
City Clerk
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City Clerk's Office Item # R4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 11, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Roger Gomez, Councilor
SUBJECT: An Ordinance submitting to the eligible electors of the City
of Pueblo, Colorado at the Regular Municipal Election to be held on
November 4, 2025, a proposed amendment to the Charter of the City of
Pueblo changing the form of government to City Council - City Manager and
fixing the ballot title therefor
SUMMARY:
Attached is a proposed Ordinance referring to the registered voters of the City at the
Regular Municipal Election to be held on November 4, 2025, an amendment to the City’s
Charter which would change the form of government from Mayor - Council to Council -
Manager.
PREVIOUS COUNCIL ACTION:
At the general election held November 7, 2017, Ordinance No. 9134 enacting the current
Mayor - Council form of government was submitted to and was approved by a majority
vote of the people.
BACKGROUND:
The proposed Ordinance amends the Charter of the City of Pueblo to change the form
of government from a Mayor - City Council government to a City Council - City Manager
government and in connection therewith: requires that the City Council - City Manager
form of government not be changed except by Charter Convention upon majority vote of
qualified voters; eliminates the office of City Mayor, Deputy Mayor and Chief of Staff and
establishes the office of City Manager to be selected by City Council, in which all
executive and administrative powers of the City shall be vested; gives City Council the
power to appoint all City boards and commissions whose members will be limited to four-
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year terms; removes the prohibition against City Council interfering in the removal of
members of City boards and commissions; recognizes the President of the City Council
as head of City government for all ceremonial purposes and authorizes the President of
the City Council to execute and authenticate legal documents as may be required; gives
the City Council the right to enforce its own Ordinances; gives City Council the power to
appoint the City Clerk and Municipal Court Judges; allows current and former members
of the City Council to become City Manager or City employees after the first year
following the expiration of their terms of office; authorizes City Council to direct the City
Attorney to institute lawsuits; allows the functions of the Department of Aviation be
determined by Resolution; mandates that the City Council - City Manager form of
government take effect immediately if approved the registered electors of the City of
Pueblo and provides that the City Council shall appoint an interim City Manager.
FINANCIAL IMPLICATIONS:
The City will incur the cost of the Regular Municipal Election on November 4, 2025, to
be conducted as a mail ballot election by the County Clerk. The costs of the election are
currently unknown.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Members of the public are the primary stakeholders affected by the proposed Ordinance.
The public will have an opportunity to vote on the change in form of government at the
Regular Municipal Election.
ALTERNATIVES:
Not applicable to this Ordinance.
RECOMMENDATION:
None.
ATTACHMENTS:
1. Mayor-Council to Council-Manager Charter Amendment Ordinance