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Help & SupportArticle II: The Legislative Body: Its Powers and Duties
Sec. 3. Legislative officers–the council3.
The legislative officers of the city shall consist of nine council members elected from the city at large, and collectively called the council.*
Sec. 4. Qualifications of council members.
No person shall be eligible to office as council member unless, at the time of the election, such person is a qualified elector as defined by the laws of the State of Colorado, at least twenty-one years of age, and shall have resided in the City of Boulder for one year immediately prior thereto. (Amended by Ord. No. 1978 (1956), § 1, adopted by electorate on October 2, 1956. Further amended by Ord. No. 3925 (1973), § 1, adopted by electorate on September 11, 1973. Further amended by Ord. No. 6006 (1998), § 2, adopted by electorate on November 3, 1998.)*
Sec. 5. Terms of office-election-recall.
The terms of office for council members shall be four years and two years as hereinafter provided: the four candidates receiving the highest number of votes shall be elected for four-year terms, and the candidate receiving the fifth highest number of votes shall be elected for a two-year term.
If there shall be vacancies to be filled at a general municipal election, other than those occurring due to the expiration of a regular term, the vacancy term shall be for two years, and additional council members shall be elected until there shall be a council of nine council members.
The terms of all council members shall begin at 10:00 a.m. on the third Tuesday in November following their respective elections. All council members shall be subject to recall as provided by this charter. (Amended by Ord. No. 1978 (1956), § 4, adopted by electorate on October 2, 1956. Further amended by Ord. No. 4597 (1981), § 1, adopted by electorate on November 3, 1981. Further amended by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993.)
Sec. 6. Council judge of election.
Subject to review by the courts, the council shall be the judge of the qualifications and election of its own members.
Council members shall receive as compensation $100.00 per meeting at which a quorum of city council is present, not to exceed four meetings per calendar month, plus an annual escalation each January 1 in a percentage equivalent to any increase over the past year in the Consumer Price Index (All Items) for the statistical area which includes the city maintained by the United States Department of Labor, Bureau of Labor Statistics; this amendment shall become effective January 1, 1990. (Amended by Ord. No. 5221 (1989), § 1, adopted by electorate on November 7, 1989.)*
A vacancy shall exist in the council whenever a duly elected council member fails to qualify within ten days after notice of the election, dies, resigns, removes from the city, is absent from five consecutive regular meetings of the council unless formally excused therefrom, is convicted of a felony while in office, or is judicially declared a lunatic; or, in case of a recall, no successor is elected, or if elected, fails to qualify.
If a vacancy occurs, or two vacancies come to exist at the same time, other than those occurring due to the expiration of regular terms, then:
(a) If the vacancy or vacancies occur on or after January 1 and before July 1, the election shall be held on the first Tuesday in November of the year in which the vacancy or vacancies occur.
(b) If the vacancy or vacancies occur on or after July 1 and before January 1, the election shall be held on the first Tuesday in November of the year following that in which the vacancy or vacancies occur.
(c) However, an election to fill a vacancy may be held on a date earlier than those noted above if another city election is scheduled for the earlier date and if council determines, based upon the certification of the designated election official, that it is feasible to schedule the election on that earlier date.
If three or more vacancies come to exist at the same time, other than those occurring due to the expiration of regular terms, then a special election shall be held on a Tuesday within ninety days of the date on which a total of three or more vacancies first exists, or as soon thereafter as is feasible as determined by the city manager.
If more than four vacancies exist, prior to the special election to fill those vacancies a quorum of the council shall be comprised of a majority of all of the remaining council members.
The nomination of candidates to be voted for at any election made necessary by operation of this provision, the publication of notice, and the conduct of the same shall all be in conformity with the provisions of this charter relating to elections, but the council may, in the motion calling for the election, adjust the times for checking petitions, correcting or replacing signatures, completion and filing of petitions, withdrawal from nomination, and certification of filing of the list of candidates, as may reasonably be required to accommodate the date set for the election. (Amended by Ord. No. 5813 (1996), § 2, adopted by electorate November 5, 1996. Further amended by Ord. No. 7537 (2007), § 2, adopted by electorate on November 6, 2007. Further amended by Ord. No. 7547 (2007), § 2, adopted by electorate on November 6, 2007.)*
At 10:00 a.m. on the third Tuesday in November following each general municipal election, the council shall meet at the usual place of holding meetings, at which time the newly elected council members shall take office. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution and shall meet in regular session at least once in each calendar month. The mayor, acting mayor, or any five council members may call special meetings upon at least twelve hours' written notice to each council member, served personally on each, or left at each member's place of residence.
All meetings of the council or committees thereof shall be public. The council shall cause to be kept a complete journal of its proceedings, and any citizen shall have access to the same at all reasonable times.
The council may appoint a committee of not more than two council members and any number of non-council members to screen applications for city manager, city attorney, and municipal court judge, to evaluate the performance of the persons occupying such positions, and to consider recommending disciplinary actions relating to such persons. Such committee may conduct its business in private, provided that the council as a whole takes action to determine finalists at a public meeting, to determine compensation at a public meeting, and to take disciplinary action at a public meeting. (Amended by Ord. No. 4597 (1981), § 1, adopted by electorate on November 3, 1981. Further amended by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993. Further amended by Ord. No. 7296 (2003), § 1, adopted by electorate on November 4, 2003.)
The council may determine its own rules of procedure, may compel attendance of members, and may punish members for misconduct.
Five council members shall constitute a quorum, but a smaller number may adjourn from time to time.*
Sec. 11. General powers of council.
All legislative powers conferred upon the City of Boulder by the provisions of this charter, except those which may from time to time be exercised by the people through direct legislation, and all other powers of every nature conferred upon the city, except those otherwise delegated by this charter or by ordinance, shall be and are hereby vested in the council.
Sec. 12. Specific duties of council4.
The council shall choose and appoint a city manager, a city attorney, a police magistrate, and an auditor for such independent audits as are in this charter required or authorized to be made by order of the council, and such advisory boards or commissions as may be desired or are elsewhere provided for by this charter; but no member of the council shall act or be chosen as manager.
The council shall cause to be made at least annually, and at such other times as it may deem necessary, an audit of all financial accounts of the city.
The council shall consider all recommendations and reports from time to time presented by the city manager, or by any of the advisory commissions or the departments of planning and parks, and shall accept or reject the same within thirty days from the date of filing thereof with the council.
Sec. 13. Powers expressly withheld from council.
Except for purposes of inquiry, the council shall deal with the administrative service solely and directly through the city manager, and neither council, its members, nor committees shall either dictate the appointment, retention or removal or direct or interfere with the work of any officer or employee under the city manager. Any such dictation, attempted direction, or interference on the part of any member of the council shall be punishable in the manner deemed appropriate by the other members of the council, which may include removal from office. (Amended by Ord. No. 6008 (1998), § 2, adopted by electorate on November 3, 1998. Further amended by Ord. No. 6009 (1998), § 2, adopted by electorate on November 3, 1998.)
Sec. 14. Selection and term of office of mayor.
The presiding officer of the council shall be called mayor. The mayor shall be chosen by the council from its own number, upon the convening of the new council, following each general municipal election. The mayor shall serve as mayor for a term of two years, and until a successor is duly chosen and qualified. The mayor may be removed from the office of mayor (but not from the office of council member) by a two-thirds vote of all members of the council, and thereupon, or in case of vacancy from any other cause, the council shall choose a successor for the unexpired term.*
Sec. 15. Powers and duties of mayor.
The mayor shall have all the powers, rights, and privileges of a council member. The mayor shall preside at meetings of the council and perform such other duties consistent with the office as may be imposed by this charter or by the council. The mayor shall have no power of veto. The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the courts for serving civil processes, and by the governor for military purposes. In time of emergency, the mayor shall, if the council so orders, take command of the police and maintain and enforce the laws, temporarily superseding the city manager in police affairs. The mayor shall be ex officio a member of all council committees. During the mayor's absence or disability, the mayor's duties shall be performed by an acting mayor, appointed by the council from its own number.*
Sec. 16. Legislative procedure.
The council shall act only by ordinance, resolution, or motion. All legislative enactments must be in the form of ordinances; all other procedure may be in the form of resolutions or motions. The enacting clause of all ordinances passed by the council shall be in these words: "Be it ordained by the city council of the City of Boulder." All ordinances and resolutions shall be confined to one subject clearly expressed in the title, and ordinances making appropriations shall be confined to the subject of appropriations. The final reading shall be in full, unless the measure shall have been printed and a copy thereof furnished to each council member prior to such reading. The ayes and noes shall be taken upon the passage of all ordinances, resolutions, or motions and entered upon the journal of council proceedings, and every ordinance, resolution, or motion shall require on final passage the affirmative vote of a majority of the council members present. Should any council member being present refuse to vote on any measure, said member's vote shall be recorded in the affirmative; and no council member shall be excused from voting except on matters involving the consideration of said member's official conduct or where said member's financial interests are involved.*
Sec. 17. Emergency measures5.
No ordinance shall be passed finally on the date it is introduced, except in cases of emergency, for the preservation of the public peace, health, or property, and then only by a two-thirds vote of the council members present. The facts showing such urgency and need shall be specifically stated in the measure itself. No ordinance making a grant of any franchise or special privilege shall ever be passed as an emergency measure.*
Sec. 18. Publication of ordinances5.
Every proposed ordinance shall be published once in full with all amendments in final form in a daily newspaper of the city, at least ten days before its final passage. Within five days after such final passage, it shall be again published once in a daily newspaper, and shall not take effect until thirty days after final passage, except that an emergency ordinance shall take effect upon passage, and be so published on the following day; and except that the tax levy ordinance, the annual appropriation ordinance, any ordinance providing for a vote by or submission to the people, and ordinances ordering improvements initiated by petition and to be paid for by special assessments shall take effect immediately upon publication.
Sec. 18A. Publication by reference.
When the council deems it appropriate, publication of the title of an ordinance, or the title of an amendment thereto, together with a statement that the published text is available for public inspection and acquisition in the office of the city clerk, shall be sufficient publication. Publication by title shall be deemed to meet all requirements of Section 18. (Added by Ord. No. 1632 (1951), § 1, adopted by electorate on November 6, 1951. Amended by Ord. No. 4773 (1983), § 1, adopted by electorate on November 8, 1983.)
No ordinance or section thereof shall be amended, superseded, or repealed except by an ordinance regularly adopted.
Sec. 20. Ordinances granting franchises.
No proposed ordinance granting any proposed franchise shall be put upon its final passage within sixty days after its introduction, nor until it has been published not less than once a week for two consecutive weeks in one daily newspaper of the city in general circulation. (Amended by Ord. No. 4773 (1983), § 1, adopted by electorate on November 8, 1983.)
Sec. 21. Record of ordinances.
A true copy of every ordinance when adopted shall be numbered and recorded in a book marked "Ordinance Record," and a certificate of adoption and publication shall be authenticated by the certificate of the publisher and by the signatures of the mayor and city clerk. The ordinances adopted by the vote of the qualified electors of the city shall be separately numbered and recorded, commencing with "people's ordinance No. 1."
* Indicates those sections in which reference to gender were neutralized by Ord. No. 4602, November 3, 1981.
3 Sections 3, 4, 5, and 13 were repealed by Ord. No. 1819 (1954), § 1, adopted by electorate on October 26, 1954. New concilmanic districts were established by Ord. No. 1834 (1954), §1, adopted by the city council on November 16, 1954. Subsequently, Ord. No. 1819 repealing Sections 3, 4, 5, and 13 was declared void in Howard v. City of Boulder, 132 Colo. 401, 290 P.2d 237 (1955). Ord. No. 1834 was repealed by Ord. No. 1909 (1955), adopted by the city council on October 18, 1955.
4 In 1993, the voters amended the Charter to change the title of the "police magistrate" in Sections 86, 87 and 150 to "Municipal Court Judge."
5 The Supreme Court held in Tanner v. City of Boulder, 158 Colo. 173, 405 P.2d 939 (1965), that ordinances adopted as emergency measures need not be published in final form prior to the adopting of such ordinances.