City of Boulder 2Q – Charter Clean-Up: Petitions and Miscellaneous

In 2016 the city’s initiative process brought to light some conflicts between dates in the city’s charter and state statute. The charter was adopted in 1917 and is regularly updated with the approval of voters as parts of it become outdated.

Below are the changes being considered under ballot measure 2Q:
  Section 8 – city council vacancies occurring before Aug 1 (currently July 1) to be filled in the November election
  Section 22 – conforms Charter election language with Municipal Election Code language.
  Section 29 – adds text that votes for candidates who withdraw before Election Day won’t be counted
  Section 37 – specifies that citizen initiatives must propose charter amendments or legislative measures
  Section 38B – eliminates a specified time limit for citizen initiatives, allowing the city manager or state rules to set timelines
  Section 39 – similar to Section 38B and spells out the petition signature-verification process
  Section 41 – eliminates the language about two different signature thresholds for citizen petitions – only threshold is 5% of registered voters
  Section 43 – similar to Section 37, specifies that referenda will be for legislative measures
  Section 48 – authorizes city council, rather than petition committees, to determine ballot titles
  Section 63 – eliminates early 20th-century requirement that the city manager post a bond to ensure “faithful performance of the duties”
  Section 68 – eliminates the 1917 paragraph about the city clerk being the acting finance officer
  Section 72 – eliminates the paragraph about the city manager appointing a probation officer
  Section 73 – eliminates section 73 wherein council may provide relief funds for “employees of the department” -- the power, if appropriate, would reside by default with the city manager

Recommendation: for the measure

Not surprisingly, on Sept 5 the city council voted unanimously 8 – 0 to place 2Q on the ballot. Mary Young, one of the 3 Council Charter Committee members recommending the changes, was absent.

There are two parts of 2Q that might cause hesitation for petitioners:

Since, under 2Q, only legislative measures may be put on the ballot, it seems that a ballot measure such as 2H on the 2011 ballot would no longer be allowed. 2H was a reaction to the famous Citizens United case and made a statement rather than being a legislative measure.

Under the proposed changes to Section 48, the city council has the power to determine the ballot title. The current charter has the petitioners preparing the ballot title. Activists who worry that the city council will nefariously choose a less appealing ballot title might be concerned, but it’s more likely that the city council will use the petitioners’ proposed ballot title as long as it seems appropriate.

Website for the Yes side
No known website – Info on a supporting website appreciated.

Website for the No side
No known website – Info on an opposition website appreciated.


Approved Ballot Language

Ballot Question 2Q City of Boulder 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?

For the Measure ____
Against the Measure ____

See Ordinance No. 8195 to put Question 2Q to the voters
https://bouldercolorado.gov/central-records/document-archive then click on Browse City Council Records > Ordinances > 2017 > 8195