City Council Study Session Agenda and Packet 2019 11 12

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Qualifications to serve. A municipal legislator must be a U.S. citizen; a registered elector of the town or city where office is sought; a resident within that municipality for at least 12 consecutive months (or a 12-month resident of recently annexed territory); and at least 18 years old on the date of election unless some other age has been established by ordinance.41 The statutes further prohibit any person from being a candidate for or holding two elected municipal offices simultaneously. In addition to these requirements, city councilmembers must be residents of the ward from which that are running for at least 12 consecutive months prior to the election. Candidacy and election — General. The procedure for circulating and filing a nominating petition to run for councilmember or trustee is the same as that for becoming a candidate for mayor (see "candidacy and election" section), except that officers elected by ward must obtain nomination signatures only from electors within their wards. For officers elected in statutory cities, at least 25 signatures are required; for officers elected in statutory towns, at least 10 signatures are required.49 Wards. All councilmembers in statutory cities under the mayor —council form of government are elected by wards, with two members elected from each ward, plus the mayor. The governing body, by majority vote of all members, may change the boundaries of the wards. Boundary changes are limited to once every six years except to conform to constitutional apportionment requirements or to incorporate annexed territory.so Tenure and term of office. Trustees and councilmembers are elected for either two-year terms51 or four-year overlapping terms, if provided for by ordinance.52 Such an ordinance must be enacted or repealed at least 180 days before the next regular municipal election and is subject to referendum by the voters.53 Like mayors, to qualify for office, trustees and councilmembers must execute an oath or affirmation to uphold both the United States and Colorado Constitutions and, if the governing body requires, must execute a bond for the faithful performance of their duties.54 Term limits. Under the Colorado Constitution, all elected officials of local government except judges are limited to serving two consecutive terms in office (except if the term of office is two years or shorter, such officials may serve three consecutive terms).55 These constitutional term limits apply to both statutory and home -rule municipalities. Terms are considered consecutive unless they are at least four years apart." The voters of a statutory city or town may modify or eliminate these term -limit requirements by approving a legislatively referred measure or initiative.57 These local term -limit elections have enjoyed mixed results, depending on the views of each individual municipality's electors towards having local term limits. Compensation. Incumbent members of the governing body have no control over their own salaries but may adjust the salaries of the future governing body members if done no later than the last meeting prior to the regular municipal election. A person appointed to fill a vacancy assumes the same salary as the person being replaced. The statutes further provide that a person who has resigned from the governing body cannot be reelected or reappointed during the same term if the compensation for that position has been increased during the term.58 Although the statutes authorize compensation for councilmembers and trustees, many of these officials serve without compensation. The level of compensation varies greatly with the size, form of government, and conditions prevalent in the municipality. Some municipalities compensate on a per -meeting basis, others adopt a more traditional monthly approach. However accomplished, salaries must be set by ordinance.59 48 C.R.S. §§ 31-10-201, 301; C.R.S. §§ 31-4-102, 301. 49 C.R.S. § 31-10-301. 50 C.R.S. §§ 31-4-104, 105. 51 C.R.S. §§ 31-4-105, 301(2). 52 C.R.S. §§ 31-4-107(3), 301(5). 53 C.R.S. §§ 31-4-107(3), 301(5). 54 C.R.S. § 31-4-401. 55 COLO. CONST. art. XVIII, § 11. 56 COLO. CONST. art. XVIII, § 11. 57 COLO. CONST. art. XVIII, § 11. 58 C.R.S. §§ 31-4-109, 405. 59 C.R.S. §§ 31-4-109, 405. For more information and comparisons of different compensation packages offered to elected officials and officers of cities and towns statewide, see CML's compensation survey report at www.cmLorg/compensation.aspx (available for viewing by select municipal staff positions). Heather Balser / City of Louisville Order #azzov CQ 3T6 Xb&� UNICIPAL LEAGUE opyright by C