4800 West 92nd Avenue Westminster, CO 80031

City Government

 

11. City Council

PDF version 

8/07 

CHAPTER 11

CITY COUNCIL

1-11-1:  MEMBERS
1-11-2:  QUALIFICATIONS
1-11-3:  MEETINGS
1-11-4:  FILLING VACANCIES
1-11-5:  RESIGNATION
1-11-6:  RULES
1-11-7:  INVESTIGATIONS
1-11-8:  REGIONAL MODIFIER
1-11-9:  OATHS; SUBPOENAS

1-11-1:  MEMBERS:  (355 1699)  The City Council shall consist of seven (7) members, one (1) of whom shall serve as Mayor.  The City Council shall constitute the legislative and governing body of the City and shall, consistent with the Charter and the Constitution of the State of Colorado, have power and authority to exercise all powers conferred upon or possessed by the City, including the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof.

1-11-2:  QUALIFICATIONS:  (355 1699 3372)

(A)  No person shall be eligible for election to the City Council who is in default to the City or to any other governmental unit of the State of Colorado. The seat of any member of City Council who is in such default shall become vacant unless such default shall be eliminated within thirty (30) days after written notice thereof by the City Council or unless such person shall in good faith be contesting the liability of such default.  Every candidate for elective office shall file with his petition his affidavit that he possesses the qualifications for such office as provided herein.  Failure to file such affidavit shall invalidate his petition. 

(B)  Any candidate for elective office of the City must be a United States citizen. 

(C)  Any candidate for elective office of the City must have been a resident of the City for at least one (1) year immediately prior to the last day for filing original petitions for such office or prior to the time of his appointment to fill a vacancy, and must be a qualified and registered elector of the City on the last day for filing or prior to the time of his appointment and throughout his tenure in office.

(D)  No member of City Council may be appointed to any City office or be employed by the City during the term of office for which he was elected or for two (2) years thereafter; provided, however, that after the expiration of his term of office, any member of City Council may be appointed as a member of an independent board or commission or fill a vacancy on the City Council. 

(E)  Any personally identifying information, other than name and address, provided by a candidate for City Council, pursuant to Charter Section 5.1(d) or in connection with a candidate petition or application for office, will be deemed as having been received in confidence and not subject to disclosure under the Colorado Open Records Act, except as may be required by an order of district court.  Any such personally identifying information contained in a report, required to be maintained pursuant to Charter Section 5.1(d), shall be redacted by the City Clerk prior to disclosure of the remainder of the report. 

1-11-3: MEETINGS: (355 1926 2006 2820)

(A)  The City Council shall hold regular sessions at a time and place to be authorized by resolution of the City Council duly passed and published as a part of the Council's summary of proceedings.

(B)  The City Council may hold study sessions on days and at times mutually agreed to by the Councilmembers.  These sessions shall be for the purpose of discussing matters of City business with members of City staff, hearing presentations from non-staff individuals, scheduling attendance of Councilmembers at formal and informal functions, and any other lawful purpose.  City Council shall take no official action at a study session.  The City Clerk shall provide interested parties with the date, time, place and agenda for study session, and shall post such information in a prominent location at the City Hall.  Study sessions shall be open to the public, except as set forth in this Section.

(C)  The City Council may hold a closed executive session in conjunction with a regular or special meeting or a study session for the purpose of: 

          (1)  Discussing personnel matters, except where the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one (1) employee, all of the employees have requested an open meeting;

          (2)  Discussing strategy and progress on the sale, acquisition, trade or exchange of property or property rights;

          (3)  Consulting with an attorney representing the City Council on pending or ongoing litigation;

          (4)  Discussing strategy and progress on economic development matters in which the disclosure of information such as financial data or proposed incentives would, if made public, seriously jeopardize the City's ability to secure the development;

          (5)  Discussing matters required by law, signed agreement or court order to be kept confidential, such as personnel files, medical and psychological data on individual persons, confidential commercial and financial information, privileged information and the terms and amounts of settlement agreements;

          (6)  Discussing matters which may, by law, be kept confidential on the grounds that disclosure would be contrary to the public interest, such as information that would compromise measures necessary to prevent violation of a law;

          (7)  Discussing the City's position on issues subject to formal negotiation or arbitration, and the progress and status of such negotiation or arbitration;

          (8)  Discussing communications made to the City Attorney by the City Council and the advice given thereon by the City Attorney in the course of his professional employment; and

          (9)  Discussing the appointment, renewal or dismissal of Board and Commission members.

(D)  City Council shall not take any final action in a closed executive session.

(E)  If an executive session has been previously scheduled during or immediately before or after a regular or special City Council meeting or study session, the executive session shall be shown on the agenda for the meeting, along with the category of its purpose, as listed in subsection (C) of this Section.  If an executive session has not been previously scheduled, it shall be announced at the meeting or study session, along with the category of its purpose.

(F)  The Mayor, any member of Council, the City Manager or the City Attorney may request an executive session to be held or scheduled pursuant to this Section.  Any such request shall include the category of its purpose.  However, no executive session may be held by Council except upon the approval of a majority of the members of Council present at the time the executive session is requested.

1-11-4:  FILLING VACANCIES:  (355 1699 3129)

(A)  Any vacancy that occurs in the Council shall be filled within thirty (30) days by a majority vote of the remaining members of the City Council, said appointee to hold office for the balance of the unexpired term.

(B)  If any vacancy on City Council that the City Council is authorized to fill is not so filled within thirty (30) days after such vacancy occurs, or if three (3) or more vacancies exist simultaneously, such vacancies shall be filled for the respective unexpired terms at a special election.

1-11-5:  RESIGNATION:  (355)  Resignation of elective officers shall be made in writing and filed with the City Clerk and shall be acted upon by the City Council at its next regular meeting following receipt thereof by the City Clerk.

1-11-6:  RULES:  (355)  The City Council shall determine its own organization, rules and order of business subject to the following provisions:

(A)  A journal of the proceedings of each meeting shall be kept in the English language by the City Clerk and shall be signed by the presiding officer and clerk of the meeting.

(B)  A vote upon all ordinances and resolutions shall be taken by "Yes" or "No" vote and entered upon the records, except that where the vote is unanimous, it shall only be necessary to so state.

(C)  No member of the City Council shall vote on any question in which he has a financial interest, other than the common public interest, or on any question concerning his own conduct, but on all other questions, each member who is present shall vote when his name is called unless excused by the unanimous consent of the remaining members present.  Any member refusing to vote, except when not so required by this paragraph, shall be guilty of misconduct in office.

(D)  In all roll call votes, the names of the members of the City Council shall be called in alphabetical order and the name to be called first shall be advanced one (1) position alphabetically in each successive roll call vote.

(E)  The proceedings of the City Council, or a brief summary thereof, shall be published within ten (10) days following each meeting.  Any such summary shall be prepared by the City Clerk and approved by the Mayor and shall show the substance of each separate proceeding of the City Council.

(F)  There shall be no standing committees of the City Council.

1-11-7:  INVESTIGATIONS:  (355 1699)

(A)  The City Council, or any person or committee authorized by it for the purpose, shall have power to inquire into the conduct of any department, office or officer and to make investigations as to the matters in which the City has an interest.  The City Council, for the purpose stated herein, may by subpoena compel the attendance of witnesses and the production of books, papers and other evidence.  The City Council may require testimony and other evidence be given under oath.

(B)  Failure on the part of any officer to obey any subpoena issued under the provisions of this Section shall constitute misconduct in office.  Failure on the part of any employee or other person to obey any subpoena issued under the provisions of this Section shall constitute a violation of this Chapter and such person shall be punished as provided by this Code.

(C)  In addition to the provisions of subsection (B), the City Council, or any person or committee authorized by it for the purpose, shall have power to apply to the Municipal Court for an order enforcing the subpoena.  If the person fails to appear, Municipal Court may issue a bench warrant to compel the person to appear before the Court to show cause why he should not be fined for contempt pursuant to Section 1-22-5, W.M.C., or order that a summons be issued under Section 1-22-4, W.M.C. 

1-11-8:  REGIONAL MODIFIER:  (1741)  The City Council shall be empowered to determine a Regional Modifier for building valuation, which the Chief Building Official shall use in determining value or valuation in the issuance of permits and collection of fees for all permits based on the building valuation date in "Building Standards" published bimonthly by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601.

1-11-9:  OATHS; SUBPOENAS:  (2275)  The Mayor may administer oaths and sign and issue subpoenas to compel the attendance of witnesses and the production of books, papers, and other evidence when City Council is conducting any public hearing.  Subpoenas shall be enforced as provided in Section 1-22-5, W.M.C.

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