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City of Boulder 2Q Ballot Question Charter Clean Up

Shall Sections 8, 22, 29, 37, 38B, 39, 41, 43, 48, 63, 68, 72 and 73 of the Charter be amended as specifically set forth in Ordinance 8195 including to: (1) remove obsolete provisions; (2) eliminate timelines for election related matters that conflict with state laws; (3) clarify when council vacancy elections are required; (4) clarify that initiative and referendum relate only to legislative matters; and (5) authorize signature verification and protests of petitions? Yes__ No__Major Provisions:The ballot question is largely a housekeeping exercise, however, it contains changes to the timelines for citizens to use the initiative process to place items on a city ballot by eliminating specific deadlines for review and leaving them to the discretion of the city manager within the state law. The ballot question also includes removal of obsolete provisions and specifies timing of council vacancy elections. Some examples of provisions follow. Capital letters are used to show added language.Section 29 Withdrawal from nomination: “Any person having been duly and regularly nominated …, may, prior to the sixty-sixth day preceding the election…, withdraw….” IF A WITHDRAWAL OCCURS ON THE SIXTY-FIFTH DAY OR ANY DAY THEREAFTER PRECEDING THE ELECTION, THE VOTES CAST FOR THAT PERSON SHALL NOT BE COUNTED.Section 37 – Power to initiate – As written, neither the title nor the language made it clear that the initiative power included Charter amendments and was limited to legislative acts and did not include administrative issues. The amendments make both issues clearer. Section 38B – Submission of initiative form for comment - the time frame in the Charter for review and comment by the city manager would be changed from 15 days to “A TIME DETERMINED BY THE CITY MANAGER, OR IF NONE IS DETERMINED, THE TIME PROVIDED IN THE APPLICABLE STATE LAW,”Section 39 – Filing of petition: The time frame in the charter for the city clerk to examine the petition’s signatures would be changed from 10 days to “THE TIME DETERMINED BY THE CITY MANAGER, OR IF NONE, THE TIME IN STATE LAW,” Also, language is added concerning the verification of signatures and that PROTESTS OF PETITIONS MAY BE MADE AS PROVIDED BY COLORADO LAW AND RULES ADOPTED BY THE CITY MANAGER.Section 48 – Title of ballots – the changes provide for the city council to determine the title of ballots rather than the petition committee in order to clarify conflicts with state law and conflicts among ballot titles. Section 63 – The city manager – qualifications and appointment: Removes language requiring city managers to post a bond for faithful performance of the job.Section 68 – General powers and duties – this removes the paragraph that specifies who would take the position of finance officer when the Charter was approved by the voters in 1917. Section 72 - General power and duties – eliminates the requirement for the city manager to appoint a probation officer. Background:The Charter is reviewed regularly to clarify or update provisions and language. Changes to the Charter require voter approval.
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