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HomeMy WebLinkAboutFinally adopt Ordinance No. 1788, Adopting Ballot Language for the referendum on increasing number of Commissioners.pdfPage 1 of 2 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney Chris Kukulski, City Manager SUBJECT: Final Adoption of Ordinance 1788 – An Ordinance of the Bozeman City Commission transmitting to the Gallatin County Election Administrator for placement on the general election ballot for November 2, 2010 a referendum on increasing by two the number of elected City Commissioners. MEETING DATE: May 17, 2010. AGENDA ITEM TYPE: Consent. RECOMMENDATION: Finally adopt Ordinance 1788. BACKGROUND: On May 3, 2010 the Commission provisionally adopted Ordinance 1788. The purpose of this action on your consent agenda is to finally adopt Ordinance 1788. Should the Commission do so, the ordinance will be transmitted to the Gallatin County Election Administrator after its effective date (June 16, 2010) for placement on the ballot for the November 2, 2010 general election. UNRESOLVED ISSUES: There are no identified unresolved issues. FISCAL EFFECTS: The following is verbatim from the staff memo given to the Commission with provisional adoption of Ordinance 1788. The only costs directly related to adoption of Ordinance 1788 will be the costs associated with having this referendum on the ballot. As with other elections, the Gallatin County Election Administrator will require the City to pay for costs directly associated with this ballot question. The Election Administrator estimates the costs will be approximately $5,000 - $8,000. These costs exist because the Election Administrator must create an additional “ballot face” for distribution to city voters. Several precincts include land 320 Page 2 of 2 within and without the city. For those precincts, a separate ballot face must be developed. Thus, the city will be required to pay for programming, layout and printing costs for this additional ballot face. In addition, adding two Commissioners will require $44,036 per year (FY11 estimate) for salary, PERS (public employee retirement system) and health insurance. If a new Commissioner decides not to accept City health insurance the cost per commissioner per year in FY11 numbers would be approximately $13,922. Assuming each new Commissioner elects to obtain city health insurance the total cost for two new commissioners over a four-year term will be, using FY11 costs, $176,144. Additional costs of the new commissioners should also be considered. These include costs associated with providing a laptop, a blackberry, internet service, meals, travel, training, etc… Those costs are estimated to be approximately $2,200 per year per Commissioner using FY11 costs. ALTERNATIVES: As the Commission is required by the Charter to transmit ballot language regarding the referendum to the Election Administrator the Commission’s only alternative is to discuss and adopt optional language for Section 1 of Ordinance 1788. If any amendment is made that substantially alters the material portions of the ordinance the Commission must place the amendments on a future consent agenda for final adoption. Attachments: Final Adoption: Ordinance 1788 Report compiled on: May 12, 2010 321 Ordinance No. 1788 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TRANSMITTING TO THE GALLATIN COUNTY ELECTION ADMINISTRATOR FOR PLACEMENT ON THE GENERAL ELECTION BALLOT FOR NOVEMBER 2, 2010 A REFERENDUM ON INCREASING BY TWO THE NUMBER OF ELECTED CITY COMMISSIONERS AS REQUIRED BY SECTION 9.02(b) OF THE BOZEMAN CITY CHARTER. WHEREAS, the voters of the City of Bozeman adopted the Bozeman City Charter at the general election in 2006 for the purpose of securing the benefits of local self government powers and to provide for an honest and accountable commission-manager form of government; and WHEREAS, Section 9.02(b) of the Charter contains a requirement that the Bozeman City Commission shall place before the voters at the general election in November, 2010, with conforming charter amendments, the issue of adding two members to the city commission; and WHEREAS, Section 9.02(b) of the Charter also states that should the voters approve this increase the new commission members shall be elected during the regular city election in 2011 and seated at the first regular commission meeting in January 2012; and WHEREAS, Section 8.01 of the Charter states that amendments to the Charter may be framed and proposed by ordinance of the commission containing the full text of the proposed amendment; and WHEREAS, Section 2.02(c) Charter the City Commission currently states, “Composition. The commission shall be composed of four members elected by the voters of the city at large in accordance with the provisions of Article VI and the mayor. The mayor shall be elected as provided in §2.03(b);” and 322 WHEREAS, should the voters adopt the increase from four to six commissioners Section 2.02(c) of the Charter will be amended as follows: “Composition. The commission shall be composed of four six members elected by the voters of the city at large in accordance with the provisions of Article VI and the mayor. The mayor shall be elected as provided in §2.03(b);” and WHEREAS, the Commission discussed this referendum at a public meeting on April 19, 2010 and instructed staff to bring an ordinance before the Commission that would place the decision whether to amend Section 2.02(b) of the Charter before the voters and that would contain the specific ballot language; and WHEREAS, the Commission, having heard public testimony, determines the ballot statement language included in Section 1 of this ordinance is an accurate and impartial explanation of the purpose of the proposed referendum and is drafted in plain, easily understood language; and WHEREAS, the Commission also finds the statement of the implication of the vote for and the statement of the implication of the vote against the referendum is written using simple, impartial language that clearly explains the meaning of a vote. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Pursuant to Section 9.02(b) of the Bozeman City Charter, and in compliance with the requirements of Title 7, Chpt. 5, Part 1, MCA, the City Commission hereby adopts the following ballot language to appear on the November 2, 2010 general election ballot for qualified electors residing within the jurisdictional limits of the City of Bozeman: “A REFERENDUM ON AMENDING THE BOZEMAN CITY CHARTER TO ADD TWO MEMBERS TO THE BOZEMAN CITY COMMISSION. The 2006 Bozeman City Charter requires city of Bozeman voters to decide at this election whether to amend the Charter to increase the number of city commissioners from the current four commissioners plus the mayor to six plus the mayor. To increase the number of commissioners, the voters must decide whether to amend Section 2.02(c) (Composition) of the Charter. If the voters choose to amend the Charter the two additional commissioners will be elected at the general election in November, 2011 with a four year term to begin at the first commission meeting in January, 2012. 323 Vote for One FOR amending Section 2.02(c) of the Bozeman City Charter to increase the number of elected city commissioners from four to six. AGAINST amending Section 2.02(c) of the Bozeman City Charter to increase the number of elected city commissioners from four to six.” Section 2 Transmittal to Gallatin County Clerk and Recorder. Upon the effective date of this Ordinance, the Bozeman City Attorney shall transmit this ordinance to the Gallatin County Clerk and Recorder for placement of the ballot language included in Section 1 on the general election ballot for November 2, 2010. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification Instruction. The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code but shall amend Section 2.02(c) of the Bozeman City Charter if approved by the qualified voters 324 of the City of Bozeman. No further action on the part of the City Commission shall be necessary to amend the Charter. Section 6 Effective Date. This ordinance shall be in full force and effect on the 16th day of June, 2010. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 3rd day of May, 2010. ____________________________________ JEFF KRAUSS, Mayor ATTEST: _______________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 17th day of May, 2010. The effective date of this ordinance is 16th day of June, 2010. _________________________________ JEFF KRAUSS, Mayor ATTEST: _______________________________ STACY ULMEN 325 City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 326