<html xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:w="urn:schemas-microsoft-com:office:word" xmlns:m="http://schemas.microsoft.com/office/2004/12/omml" xmlns="http://www.w3.org/TR/REC-html40"> <head> <meta http-equiv="Content-Type" content="text/html; charset=us-ascii"> <meta name="Generator" content="Microsoft Word 15 (filtered medium)"> <style></style> </head> <body lang="EN-US" link="#0563C1" vlink="#954F72"> <div class="WordSection1"> I wanted to take this opportunity to clarify the city attorney’s office position on pending charter amendment initiative petitions.  <o:p></o:p> <o:p> </o:p> Charter section 39 provides that “By the last business day on or before 150 calendar days before the November election, the committee of petitioners shall submit its petition.”  The last business day 150 days before the November 3, 2020 election was June 5, 2020.  <o:p></o:p> <o:p> </o:p> The city had previously posted on the city website a document entitled “Charter Amendment Initiative Petition Guidelines.”   This document advised petitioners that charter amendments would be governed by state law and not by the Boulder Charter.  My office has since refined our understanding of the Charter.   The document cautioned users that the document was not intended to provide the final word on the rules, but only to provide some guidance.   The first paragraph in the “Guidelines” states as follows:<o:p></o:p> <o:p> </o:p> “This document provides general guidelines only and is not intended to be either an exhaustive study of the petitioning process nor legal advice. Residents who are considering the petition process are advised to consult independent legal counsel and to review the Boulder Home Rule Charter and statutory provisions cited below.“<o:p></o:p> <o:p> </o:p> After the Bedrooms are for People charter amendment was approved for circulation, opponents raised questions about the deadline and the number of signatures required.  They pointed to CRS 31-2-210(1(a)(I) which allows for charter amendments to be circulated for no more than 90 days after the date of filing of the statement of intent.”  This would have invalidated any signatures obtained after June 15, 2020.  In addition, opponents raised CRS 310-2-210(1)(a)(III) & (IV) which control the number of signatures required under state law.  For a regular election subsection III requires a number of signatures equal to five percent of the number of registered voters in Boulder.  Subsection IV doubles that number to qualify for a special election ballot.  Charter section 22 provides that elections in odd numbered years are municipal elections and that all other elections are “Special Municipal Elections.”  Opponents therefore have argued that to qualify under state law charter amendment petitions require over 8000 signatures.  <o:p></o:p> <o:p> </o:p> This required our office to take a closer look at how state law interacts with the city charter and code.   All of the relevant state law provisions are in Title 31 of the Colorado Revised Statutes.  Title 31 includes section 31-1-102 is entitled “Application – legislative intent”  This section provides that “it is the intent of the general assembly that the provisions of this title shall apply to home rule municipalities except insofar as superseded by charter or ordinance passed pursuant to such charter.”  Charter section 37 provides that “The people shall have the power at their option to propose charter amendments, legislative ordinances, including ordinances granting franchises or privileges, and other legislative measures, and to adopt the same at the polls, such power being known as the initiative.”  The words “charter amendments” were added by the voters in November 2017.  Moreover, Section 13-1-4 of the Boulder Revised Code provides:<o:p></o:p> <o:p> </o:p> “All aspects of the exercise of the initiative and referendum power reserved to the people by the charter of the city of Boulder shall be governed exclusively by the provisions of the charter, this code, and any other applicable ordinance of the city, and no statute of the state purporting to regulate in any way the exercise of the initiative or referendum shall govern the exercise of the initiative or referendum, except for those criminal provisions of state law not in conflict with any provision of the charter or this code which prohibit fraud or deception in the circulation or signing of initiative or referendum petitions, or respecting affidavits concerning said petitions.”<o:p></o:p> <o:p> </o:p> All exercise of the initiative power, which the charter defines to include charter amendments, are governed by the charter and not by state law.  <o:p></o:p> <o:p> </o:p> This interpretation eliminated the 90 day circulation limitation and the requirement that petitioners obtain 8000 signatures in even numbered years.  It also, however, imposed a deadline of June 5 to submit petitions.<o:p></o:p> <o:p> </o:p> Two petition committees relied on the city’s inaccurate guidance and have worked to gather signatures.  To be fair, I am going to provide the following advice:<o:p></o:p> <o:p> </o:p> 1.           I will ask the city clerk to verify any signatures submitted by August 5.<o:p></o:p> 2.           If either petition does not supply verified signatures equal to five percent of the registered voters, I will advise the clerk to reject the petition as insufficient.<o:p></o:p> 3.           If either petition does meet the standard, I will ask the clerk to forward the petition to the city council without a certificate of sufficiency and with my recommendation that the council place the measure on the ballot for the November 2020 election.  I will advise council not to treat the measure as a certified measure.  <o:p></o:p> <o:p> </o:p> Tom Carr<o:p></o:p> Boulder City Attorney<o:p></o:p> (303) 441-3020<o:p></o:p> (pronouns: He/Him/His) <a href="https://www.mypronouns.org/what-and-why">What's This?</a><o:p></o:p> <o:p> </o:p> <o:p> </o:p> </div> </body> </html>