Council Position on Amendment 38
In and earlier posting I criticized the City Council for taking a position on one of the amendments to the Constitution which will be voted on this November. My criticism was based on the fact that the issue will not have a direct impact on the operation of the City. Last night they took a position on an amendment that will impact the City which I believe to be quite proper.
I do have a quarrel with some of the rational they used in their Whereas portion of the resolution recommending disapproval of Amendment 38 also known as the Petition Amendment. Under the Mayor’s sponsorship the City’s disapproval passed with the minimum number of votes. I am linking the resolution for your convenience in the Title.
The Whereas section common to all resolutions and ordinances is the location where a governing body specifies their reasons for its adoption. It is also used in future years to clarify the “legislative intent”. While I agree with most of their reasons, some contain words and concepts that are controversial and deceptive.
In number three we see that they feel the cost of complying with the amendment will “paralyze” municipal operations. Don’t believe that for a second.
In number four anyone who files an initiative is “disenchanted”. I guess the majority of you that voted for the charter amendment on the Water fund or said no to the very expansive and expensive recreation center project now know what your elected officials call you in private.
In number six the prophets have determined that the amendment “will” be found to be in violation of the U.S. Constitution. We also find the first major deception from the Mayor and Council. The act will “violate the free speech rights of municipal employees.” Let me quote the applicable part of section (d) from the amendment.
“No district (City for our discussion) or district staff shall aid spending district resources, or using any district procedure, equipment, or staff time, to discuss pending petitions after petition forms are delivered.” The City cannot use its financial resources or staff to fight an initiative ON THE CLOCK. The language in the Whereas is just plain wrong. Our employees’ right to free speech is not denied or compromised.
In number seven I see the second deception. Please read it because you would never guess that the actual amendment provides for a statement from the opponents to any initiative equal to that of the disenchanted disproportionately small number of residents. In other words, you will receive the familiar blue book in local, non TABOR, elections. Gosh, a level playing field.
In number nine they content that “honest mistakes” will result in a $3,000 penalty to the city official reviewing the petitions for sufficiency. The amendment spells out exactly what the reviewing official can and cannot do in determining petition sufficiency. There are no “honest” mistakes if they follow the very specific brief language in the amendment.
Vote your conscience but be informed.
I do have a quarrel with some of the rational they used in their Whereas portion of the resolution recommending disapproval of Amendment 38 also known as the Petition Amendment. Under the Mayor’s sponsorship the City’s disapproval passed with the minimum number of votes. I am linking the resolution for your convenience in the Title.
The Whereas section common to all resolutions and ordinances is the location where a governing body specifies their reasons for its adoption. It is also used in future years to clarify the “legislative intent”. While I agree with most of their reasons, some contain words and concepts that are controversial and deceptive.
In number three we see that they feel the cost of complying with the amendment will “paralyze” municipal operations. Don’t believe that for a second.
In number four anyone who files an initiative is “disenchanted”. I guess the majority of you that voted for the charter amendment on the Water fund or said no to the very expansive and expensive recreation center project now know what your elected officials call you in private.
In number six the prophets have determined that the amendment “will” be found to be in violation of the U.S. Constitution. We also find the first major deception from the Mayor and Council. The act will “violate the free speech rights of municipal employees.” Let me quote the applicable part of section (d) from the amendment.
“No district (City for our discussion) or district staff shall aid spending district resources, or using any district procedure, equipment, or staff time, to discuss pending petitions after petition forms are delivered.” The City cannot use its financial resources or staff to fight an initiative ON THE CLOCK. The language in the Whereas is just plain wrong. Our employees’ right to free speech is not denied or compromised.
In number seven I see the second deception. Please read it because you would never guess that the actual amendment provides for a statement from the opponents to any initiative equal to that of the disenchanted disproportionately small number of residents. In other words, you will receive the familiar blue book in local, non TABOR, elections. Gosh, a level playing field.
In number nine they content that “honest mistakes” will result in a $3,000 penalty to the city official reviewing the petitions for sufficiency. The amendment spells out exactly what the reviewing official can and cannot do in determining petition sufficiency. There are no “honest” mistakes if they follow the very specific brief language in the amendment.
Vote your conscience but be informed.
posted by Gene Wieneke at
1:29 PM
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