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HomeMy WebLinkAboutOrdinance-1999-1173 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 26 Ordinance No. 1173 Series of 1999 TITLE: AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16.8(b), CONCERNING CHARTER SECTION 5.7: EXECUTIVE SESSIONS. WHEREAS, Section 16.8(b) of the Charter permits the City Council to initiate charter amendments; and WHEREAS, the Council wishes to place before the voters at the November, 1999 general election a ballot measure to amend Charter Section 5 7 concerning executive sessions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Pursuant to Charter Section 16.8(b), the following proposed amendment to the Wheat Ridge City Charter is hereby submitted to the voters of the City for their consideration at the general election to be held on November 2, 1999: Amend subsections (a) and (b)(2) of Section 5.7 of the Charter as follows: Sec. 5.7. Executive Sessions An executive session of the city council may be convened only if the majority of the council vote publicly to hold such a session, the subject matter to be considered is one of those listed in subsection (b) of this section and a public announcement is made as to which category of subsection (b) the matter concerns. No formal votes may be taken in any executive session unlc33 thcy conccrn a mattcr includcd as a clltcgory of subscction (b) of this scction. An executive session may be convened only on the following matters: (1) (2) Personnel Matters. ~Jo mwcutivc scssion shall bc held to con3idcr any pcr30nncl mattcr that conccrn3 thc city managcr GED\53027\322698.01 1 unle33 the A"Iotter eoneern3 0 subjeet oovered under anothcr eatcgory of this GUBseetion. Personnel matters concerning INDIVIDUAL city employees may be considered in an executive session. INDIVIDUAL CITY EMPLOYEES MAY REQUEST SUCH A SESSION. NOTWITHSTANDING CHARTER SECTION 3.4, THE CITY MANAGER SHALL NOT ATTEND AN EXECUTIVE SESSION CONCERNING HISIHER OWN PERFORMANCE UNLESS THE COUNCIL SO DIRECTS if that employee requests 5ueh a 5e55ion. HO\lVever, no rcque5t of the employee is required if the matter eoneern5 a 5ubjeet eovered under another eategory of thi5 5ubseetion. Section 2. Ballot Title. The ballot title for the proposed Charter Amendment shall read as follows: SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED TO PRECLUDE FORMAL VOTES IN ANY EXECUTIVE SESSION AND TO PERMIT THE CONVENING OF AN EXECUTIVE SESSION TO CONSIDER PERSONNEL MATTERS, INCLUDING THE PERFORMANCE OF THE CITY MANAGER? Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4 Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. Effective Date. This Ordinance shall take effect on September 7, 1999. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 9th day of August, 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 23, 1999, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. GED\53027\322698 01 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ~ to ~, this 23rd day of August, 1999. SIGNED by the Mayor on this ~tday of August , 1999. ATTEST: / / ~l . - )J;kL/- Wanda Sang, City Cle~ , ~ if! ':- . ;-; } (! '{;: 9...( c.t Gretchen Cerveny, Mayor----.. ( Approved As To Form ($t~ ~t Gerald E. Dahl, City Attorney 1 st Publication: August 13, 1999 2nd Publication: September 3, 1999 Wheat Ridge Transcript Effective Date: S t b 7 1999 ep em er , GED\53027\322698.0 1 3