HomeMy WebLinkAboutResolution-2006-0045
RESOLUTION 45
Series of 2006
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE IN OPPOSITION TO PROPOSED AMENDMENT 38
TO THE COLORADO CONSTITUTION ( also known as the "Petitions
Amendment") CONCERNING COLORADO'S INITIATIVE AND
REFERENDUM PROCESS
WHEREAS, an illltIated constitutional amendment, Amendment 38 to the Colorado
Constltution, has been certlfied for consideratlOn by the voters ofthe State of Colorado at
the November 7,2006 electlOn; and
WHEREAS, this measure conflicts with, and proposes to supersede, numerous proVisions
of the U.S. and the Colorado ConstitutlOns, eXlsting state statutes and local laws, and the
cltizen-adopted Charters of home rule citles that have effectlVely balanced the rights of
the mmonty With the desires of the majonty for over one hundred and twenty-five years,
and
WHEREAS, thls measure seeks to drastically lower the standards for placmg measures
on the ballot such that the ability for cities to provide everyday mumcipal government
operations and services would be paralyzed, and
WHEREAS, thls measure would allow a dlsproportionately small number of
disenchanted people to force municlpalities to hold costly special elections at the expense
of Colorado taxpayers; and
WHEREAS, this measure will discourage job-producing busmesses and mdustry from
locating m Colorado's cities because of the delay and uncertainty mherent in the
declSlon-making processes of our elected local government officials, and
WHEREAS, this measure, if adopted, will become the subject of extensive litigation, all
at great cost and expense to the taxpayers, and will ultimately be found to VIOlate vanous
sectIOns of the U ,S. Constitution, mcludmg the free speech rights of mUlllclpal
employees, and
WHEREAS, this measure would force local governments, at the expense of all taxpayers
regardless of whether they support or oppose the proposed measure, to print and deliver
petitions to anyone who asks and to subsidize the efforts of proponents by printing and
mailing their 1,000 word statement to every registered voter in the municlpality while
denying equal treatment to those who may oppose the measure; and
WHEREAS, this measure would make public officials stnctly liable for any honest
mistakes they may make m revlewmg petitions and imposes an automatic $3,000 penalty
for such mistakes, which will make it extremely difficult, If not impossible, to get any
public employee to do thiS work; and
WHEREAS, the eXlstmg process for mitlatmg and referring new laws in Colorado IS one
of the most liberal m the Umted States, and
WHEREAS, this measure IS a very bad chOlce for the citizens of the metro area and the
State of Colorado for all the reasons set forth above,
Now, therefore, be it resolved, that the CITY OF WHEAT RIDGE strongly opposes
the ballot question known as "Petitions", Constitutional Amendment 38, which will
appear on the November 7, 2006 election ballot.
DONE AND RESOLVED this 1Ll~ day of "t/,7;';.rl../ f
I
,2006,
,~-
,
,
(
i
"
ATTEST,
\ ,,-) (..!,
~t\J..L t ~ '" {<\ eLl
~amela Y Anderson, City Clerk
---