In 2014 Boulder voters temporarily approved executive sessions for legal advice on a municipal electric utility. That approval expires at the end of 2017. As most Boulder residents are aware, the municipalization negotiations are ongoing, and the city council would like to continue discussing negotiation strategies and getting legal advice behind closed doors through the end of 2023.
This year’s version has an interesting twist. It prohibits any discussions of negotiation strategy related to terminating the municipalization effort. The city manager and city attorney conduct the actual negotiations on behalf of the city council, but strategy considerations usually include the entire range of possible actions. Council member Bob Yates points out, “if we have to discuss on live TV what terms we would accept to settle all or some portion of the litigation, we will likely never settle it (which I suppose is the intent of the folks who proposed the change).” A previous version of the ordinance prohibited “legal advice” related to termination, but those words were deleted.
Recommendation: for the measure
On Sept 5 the city council voted 6 – 2 to put 2P on the ballot with the two lawyers, Bob Yates and Andrew Shoemaker, voting against it and Mary Young absent.
The city council will have a stronger hand in the municipalization negotiations if it can discuss strategy in executive session. Although this temporary measure is flawed, I support it. If termination discussions are forced into a public discussion, so be it.
Website for the Yes side (Empower Our Future)
http://empowerourfuture.org/election-2017-muni-related-ballot-measures/
Website for the No side
No known website – Info on an opposition website appreciated.
Approved Ballot Language
Ballot Question 2P City of Boulder Charter Provision Allowing Executive Sessions for Municipalization
Shall Section 9 of the Charter be amended pursuant to Ordinance 8202 to: (1) amend the requirements for notices of executive sessions regarding legal advice and negotiation strategy regarding municipalization to align processes more closely with state law; (2) prohibit any discussions about negotiating a franchise or other settlement discussions that would terminate Boulder's effort to operate an independent municipal electric utility; and (3) extend the authority to hold executive sessions until December 31, 2023?
For the Measure ____
Against the Measure ____
See Ordinance No. 8202 to put Question 2P to the voters
https://bouldercolorado.gov/central-records/document-archive then click on Browse City Council Records > Ordinances > 2017 > 8202
This year’s version has an interesting twist. It prohibits any discussions of negotiation strategy related to terminating the municipalization effort. The city manager and city attorney conduct the actual negotiations on behalf of the city council, but strategy considerations usually include the entire range of possible actions. Council member Bob Yates points out, “if we have to discuss on live TV what terms we would accept to settle all or some portion of the litigation, we will likely never settle it (which I suppose is the intent of the folks who proposed the change).” A previous version of the ordinance prohibited “legal advice” related to termination, but those words were deleted.
Recommendation: for the measure
On Sept 5 the city council voted 6 – 2 to put 2P on the ballot with the two lawyers, Bob Yates and Andrew Shoemaker, voting against it and Mary Young absent.
The city council will have a stronger hand in the municipalization negotiations if it can discuss strategy in executive session. Although this temporary measure is flawed, I support it. If termination discussions are forced into a public discussion, so be it.
Website for the Yes side (Empower Our Future)
http://empowerourfuture.org/election-2017-muni-related-ballot-measures/
Website for the No side
No known website – Info on an opposition website appreciated.
Approved Ballot Language
Ballot Question 2P City of Boulder Charter Provision Allowing Executive Sessions for Municipalization
Shall Section 9 of the Charter be amended pursuant to Ordinance 8202 to: (1) amend the requirements for notices of executive sessions regarding legal advice and negotiation strategy regarding municipalization to align processes more closely with state law; (2) prohibit any discussions about negotiating a franchise or other settlement discussions that would terminate Boulder's effort to operate an independent municipal electric utility; and (3) extend the authority to hold executive sessions until December 31, 2023?
For the Measure ____
Against the Measure ____
See Ordinance No. 8202 to put Question 2P to the voters
https://bouldercolorado.gov/central-records/document-archive then click on Browse City Council Records > Ordinances > 2017 > 8202
No comments:
Post a Comment
Thanks for your comments. Please only make comments that add to a fruitful discussion.