HomeMy WebLinkAboutordinance.council.09-25ORDINANCE NO.09
(Series of 2025)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE CITY OF ASPEN HOME RULE CHARTER BY AMENDING
SECTIONS 2.4,3.1,3.3,3.5,3.6,3.7,3.8,3.9,4.2,4.7,6.1,6.2,6.396.556.6,6.857.157.298.299.129
and 9.13, TO REPLACE GENDER SPECIFIC TERMS WITH GENDER NEUTRAL
TERMS.
WHEREAS, the Aspen City Council ("Council") desires to amend the City of
Aspen Home Rule Charter ("Charter") to eliminate the use of gender specific terms and to replace all
such existing terms with gender neutral terms: and,
WHEREAS, at present, the Charter defaults to gender specific generics when
discussing the powers and duties of councilmembers and other City officials including the Mayor,
the City Manager, the City Attorney, the City Finance Director, and the Municipal Judge; and,
WHEREAS, gender specific generics are found in Sections 2.4, 3.1, 3.3, 3.5, 3.6,
3.7, 3.8, 3.9, 4.2, 4.7, 6.1, 6.2, 6.3, 6.5, 6.6, 6.8, 7.1, 7.2, 8.2, 9.12, and 9.13 of the Charter; and,
this time; and,
WHEREAS, the Council finds that modernization of the Charter is warranted at
WHEREAS, Council further proposes amendments to ensure subject verb
agreement with gender -neutral terms, however these amendments do not otherwise affect the
Charter's provisions; and,
WHEREAS, the proposed ordinance demonstrates all amendments via
strikethroughs for terms to be removed from the Charter and additions in red text; and,
WHEREAS, pursuant to Section 13.10 of the Charter, the Charter may be amended
at any time in the manner provided by the state constitution; and,
WHEREAS, Article XX, Section 5 of the Colorado Constitution authorizes
Council, upon its own initiative, to submit any charter amendment at any general state or municipal
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election held not less than 30 days after the effective date of the ordinance or resolution submitting
such question; and,
WHEREAS, Article XX, Section 9 of the Colorado Constitution states that no
municipal home rule charter amendment shall become effective until approved by a majority of
the registered electorate and empowers the state legislature to provide by statute procedures under
which the registered electors of a city may amend a municipal home rule charter; and,
WHEREAS, the state legislature enacted Section 31-2-210 of the Colorado
Revised Statutes, which section sets forth the procedures for amending a city's home rule charter;
WHEREAS, pursuant to Section 31-2-210, C.R.S., a governing body of a home
rule city or town may propose charter amendments through the adoption of an ordinance, including
a ballot title for the proposed amendment, and submission of the proposed amendment to the
electorate; and,
WHEREAS, the Council now determines it is necessary to submit to the electors
of the City, at the Election which will be held as a coordinated election with the County on
November 4, 2025, the election question approving adoption of the Charter amendment set forth
herein; and,
WHEREAS, the Council finds that the adoption of this Ordinance is necessary for
the preservation of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Section 2.4 of Article II of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
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Section 2.4. - Election commission.
An election commission is hereby created, consisting of the city clerk and two (2)
qualified and registered electors of the city, who during their term of office shall not be
city officers or employees or candidates or nominees for elective city office. These two
(2) members shall be appointed by the council in the first July following a regular city
election for a term of two (2) years, and shall serve without compensation. The city clerk
shall be chairman. The election commission shall have charge of all activities and duties
required of it by statute and this Charter relating to the conduct of elections in the city. In
any case where election procedure is in doubt, the election commission shall prescribe the
procedure to be followed.
The commission shall provide procedures to establish proof of residency qualification
where residency is in question. Upon a showing for good cause, the commission may
require proof of residency by any person registered to vote or attempting to register to
vote in the City of Aspen. Said person shall not be qualified to vote in any municipal
election until the commission is satisfied that they have he-kas-presented sufficient proof
of residency as required by law or by ordinance adopted pursuant to this Charter.
The election commission shall provide for ballots and sample ballots or voting
machines, for determination of the winner in the event of a tie vote, for canvass of
returns, and for issuance of appropriate certificates
�eetinn 2--
Section 3.1 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.1. - The council.
The City shall be governed by a council of four (4) councilmembers ^o,,,-,,,;lffier and
a mayor. All councilmembers eouneilm and mayor shall be nominated and elected at
large from the entire City.
Section 3:
Section 3.3 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.3 - Mayor.
The mayor shall be elected at large for the entire city for a term of two (2) years. The
candidate receiving the highest number of votes shall be elected mayor, provided that the
candidate receives fifty percent (50%) plus one vote, or more, of the votes cast for the
office of mayor. In the event that no candidate shall have received fifty percent plus one
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vote, or more, of the votes cast for the office of mayor, then a run-off election shall be
held in accordance with Section 2.7.
The mayor shall preside at meetings of the Council and shall exercise such powers
and perform such other duties as are or may be conferred and imposed upon them hirer
her by this Charter or the ordinances of the City. They HeZ SC he shall have all of the
powers, rights, privileges and obligations of a member of Council. They He of she shall
be recognized as the head of the government for all ceremonial and legal purposes and
they he of she shall execute and authenticate legal instruments requiring their his
signature as such official.
Section 4--
Section 3.5 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.5. - Qualifications.
Each councilmember eounei ma and the mayor when nominated and elected shall be
an elector of the City and a citizen of the United States for at least one (1) year and shall
have resided in the City of Aspen for at least one (1) year. No councilmember
eosin ,iron or the mayor shall be a salaried employee of the City during their his term of
office, perform personal services for the City for which they are hems compensated other
than as provided in Section 3.6. The council shall be the judge of election and
qualifications of its own members.
Section 5•
Section 3.6 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.6. - Compensation.
The members of the council shall receive such compensation, and the mayor such
additional compensation, as the council shall prescribe by ordinance; provided, however,
that the compensation of any member during their 14s term of office shall not be
increased or decreased. The mayor and councilmembers ,,,,•,r,.;',-,. e- may, upon order of
the council, be paid their actual and necessary expenses incurred in the performance of
their duties of office.
Section 6:
Section 3.7 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.7. - Mayor pro-tem.
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The mayor pro-tem shall be elected by council from its own membership. Said
election shall take place at the organizational meeting following each general municipal
election. The mayor pro-tem shall serve until the next organizational meeting unless
sooner removed by a majority vote of the entire council. In the absence or disability of
the mayor, the mayor pro-tem shall perform all duties and have all powers of the mayor.
In the event of a vacancy in the office of mayor pro-tem, the council shall choose their -his,
successor.
Section 7:
Section 3.8(a) of Article III of the Home Rule Charter of the City of Aspen is hereby amended
to read as follows:
Section 3.8. - Vacancies.
(a) An elected officer shall continue to hold their his -office until a successor is duly
qualified or until a vacancy is created as set forth herein. An elective office shall
become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns,
commences or continues service as an elected official for another governmental entity
including any county or state elected office, ceases to be a resident of the City, or is
convicted of a felony.
Section 8:
Section 3.9 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.9. - Oath of office.
Before entering upon the duties of their his -office, every councilmember ea inei mnt�,
the mayor and other city officers shall take, subscribe before, and file with the city clerk,
an oath or affirmation that they he will support the Constitution of the United States, the
Constitution of the State of Colorado, this Charter and the ordinances of the City and will
faithfully perform the duties of the office.
Section 9:
Section 4.2 of Article IV of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 4.2. - Special meetings.
Special meetings shall be called by the city clerk on the written request of the mayor
or of any two (2) members of the council, on at least twenty-four (24) hours written
notice to each member of the council, served personally or left at their his -usual place of
residence; a special meeting, however, may be held on shorter notice if all members of
the council are present or have waived notice thereof in writing.
Page 5 of 12
Section 10:
Section 4.7 of Article IV of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 4.7. - Voting.
The vote by "Yes" and "No" shall be taken upon the passage of all ordinances and
resolutions, and entered upon the minutes of the council proceedings. Every ordinance
shall require the affirmative vote of a majority of the entire council for final passage.
Resolution and motions shall require the affirmative vote of a majority of the members
present. No member of the council shall vote on any question in which they have he has a
substantial personal or financial interest, other than the common public interest, or on any
question concerning their his own conduct, and in said instances the member shall
disclose this interest to the council. On all other questions each member who is present
shall vote when their his name is called. Any member refusing to vote except when not so
required by this paragraph shall be guilty of misconduct in office.
Section 11:
Section 6.1 of Article VI of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 6.1. - Manager.
The city manager shall be the chief administrative officer of the City. The council, by
a majority vote, shall appoint a city manager within a reasonable time whenever a
vacancy exists in such position. Such appointment shall be without definite term and shall
be at a salary to be fixed by council. The manager shall be appointed without regard to
any consideration other than their his -fitness, competency, training and experience as a
manager. At the time of his appointment, they he need not be a resident of the City or
State, but during tenure of office they -he shall reside within the City except at the
discretion of the council. No member of the council shall be appointed manager during
the term for which they he shall have been elected, nor within one year after the
expiration of their term.
Seetinn 12!
Section 6.2 of Article VI of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 6.2. - Acting manager.
The council may appoint an acting city manager during the period of vacancy in the
office, or during the absence or disability of the city manager. Such acting city manager
shall, while they are he4s in such office, have all the responsibilities, duties, functions
and authority of the city manager.
Page 6 of 12
Section 11!
Section 6.3 and 6.3 parts (e),(f),(g), and (1) of Article VI of the Home Rule Charter of the City of
Aspen are hereby amended to read as follows:
Section 6.3. - Powers and duties.
The manager shall be responsible to the council for the proper administration of all
affairs of the City placed in their his charge, and to that end they he shall have the power
and duty and be required to:
(e) Prepare and submit to the council as of the end of the fiscal year a complete
report on finances and administrative activities of the City for the preceding
year, and upon request of the council make written or verbal reports at any
time concerning the affairs of the City under their his supervision;
(f) Keep the council advised of the financial condition and future needs of the
City and make such recommendations to the council for adoption as they
he may deem necessary or expedient;
(g) Exercise supervision and control over all executive and administrative
departments, and recommend to the council any proposal they he think
advisable to establish, consolidate or abolish administrative departments;
(1) Perform such other duties as may be prescribed by this Charter, or by
ordinance, or required of them him -by council which are not inconsistent with
this Charter.
Section 14:
Section 6.5 of Article VI of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 6.5. - Relationship of council to administrative service.
Neither the council, its members, the mayor, nor any council committee shall dictate
the appointment of any person to office by the city manager except as otherwise provided
in this Charter or in any way interfere with the city manager or other city officer to
prevent them him from exercising their hip judgment in the appointment or employment
of officers and employees in the administrative service. Except for the purpose of inquiry,
the council, its members, the mayor, and any council committee shall deal with the
administrative service solely through the city manager and neither the council, its
members, the mayor, nor any council committee thereof shall give orders to any of the
subordinates of the city manager.
Section 15:
Section 6.6 of Article VI of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 6.6. - City clerk.
Page 7 of 12
The manager with the approval of council shall appoint a city clerk, who shall be
custodian of the city seal and who shall keep a j ournal of council proceedings and record
in full all ordinances, motions and resolutions. They Me —shall have power to administer
oaths and take acknowledgments under seal of the City, and shall perform such other
duties as required by this Charter, the council, or the manager.
Section 16:
Section 6.8 of Article VI of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 6.8. - Duties and powers of director of finance.
The director of finance shall also be the city treasurer. They Ie shall keep and
supervise all accounts; receive and have custody of all monies of the City; collect special
city taxes, electric and water fees and charges; issue licenses and collect fees therefor;
make and keep public records of the City not specifically entrusted to any other
department by this Charter or by ordinance; and perform such other duties pertaining to
the department of finance as required by this Charter, the council or the manager.
Section 17:
Section 7.1 of Article VII of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 7.1. - City attorney.
The council shall appoint a city attorney to serve at the pleasure of council. They
He shall be an attorney -at -law admitted to practice in Colorado. The city attorney shall be
the legal representative of the City and they he shall advise the council and city officials
in matters relating to their official powers and duties and perform such other duties as
council may prescribe by ordinance or resolution. The council may provide the city
attorney such assistants as council may deem necessary, and may on its own motion or
upon request of the city attorney in special cases employ special counsel to serve under
the direction of the city attorney. Council shall establish compensation for the city
attorney, their hIs assistants and special counsel.
Section 18:
Section 7.2(b), and (d) of Article VII of the Home Rule Charter of the City of Aspen are hereby
amended to read as follows:
Section 7.2. - Judiciary.
(b) Deputy judges. Council may appoint one or more deputy judges as it deems
necessary. The deputy municipal judges shall all have the powers of the municipal
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judge when called upon to act by the municipal judge or the council. In the event that
more than one municipal judge is appointed, the council shall designate a presiding
municipal judge, who shall serve in is capacity during the terms for which they were
hewasappointed. The deputy municipal judges shall be attorneys admitted to
practice in the State of Colorado and serve at the pleasure of the council.
(d) Removal. Any municipal judge may be removed during their his -term of office only
for cause. A judge may be removed for cause if.
(1) They are His is found guilty of a felony or any other crime involving moral
turpitude;
(2) They have He has a disability which interferes with the performance of their
duties, and which is, or is likely to become, of a permanent character;
(3) They have He has willfully or persistently failed to perform their duties; or
(4) They are He is habitually intemperate.
Section 19:
Section 8.2 of Article VIII of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 8.2. - Composition of boards and commissions.
No member of the city council, the mayor, any city employee, nor any appointed city
official shall serve on any permanent board or commission heretofore established or
hereafter established by council during his or her tenure as councilmember eounei ma
mayor, city employee or appointed official. Every member of a permanent board or
commission established by this Charter and appointed by council shall be a resident of
the City of Aspen for at least one (1) year and shall be a qualified elector, with the
exception of the board of appeals and examiners which shall be composed of members
who are either residents of the City of Aspen or of the Pitkin County for at least two (2)
years. Terms of appointment to such boards and commissions shall not exceed four (4)
years. There shall be no limitation on the number of terms a member may serve on any
permanent board or commission.
Section 20:
Section 9.12(c) of Article IX of the Home Rule Charter of the City of Aspen is hereby amended
to read as follows:
Section 9.12. - Amendments after adoption.
(c) Reduction of appropriations. If at any time during the fiscal year it appears probable to
the manager that the revenues available will be insufficient to meet the amount
appropriated, they he shall report to the council without delay, indicating the estimated
amount of the deficit, any remedial action taken by them him and their his
recommendation as to any other steps to be taken. The council shall then take such
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further action as it deems necessary to prevent or minimize any deficit and for that
purpose it may by ordinance reduce one or more appropriations.
Section 21
Section 9.13(a) and (b) of Article IX of the Home Rule Charter of the City of Aspen are hereby
amended to read as follows:
Section 9.13. - Administration of budget.
(a) Work programs and allotments. The manager may require each department, office
or agency to submit work programs for the ensuing fiscal year showing the
requested allotment of its appropriation by periods within the year. The manager
shall review and authorize such allotments with or without revision as early as
possible in the fiscal year. They Me -may revise such allotments during the year
if they deem he deems it desirable and shall revise them to accord with any
supplemental, emergency, reduced or transferred appropriation made pursuant
to Section 9.12.
(b) Payments and obligations prohibited. No payments shall be made or obligation
incurred against any allotment or appropriation except in accordance with
appropriations duly made and unless the manager first certifies that there is a
sufficient unencumbered balance in such allotment or appropriation and that
sufficient funds therefrom are or will be available to cover the claim or meet the
obligation when it becomes due and payable. Any authorization of payment or
incurring of obligation in violation of the provisions of this Charter shall be void
and any payment so made illegal; such action shall be cause for removal of any
officer who knowingly authorized or made such payment or incurred such
obligation, and they he -shall also be liable to the city for any amount so paid.
However, except where prohibited by law, nothing in this Charter shall be
construed to prevent the making or authorizing of payments or making of contracts
for capital improvements to be financed wholly or partly by the issuance of bonds,
or to prevent the making of any contract or lease providing for payments beyond the
end of the fiscal year, provided that such act was made or approved by ordinance.
Section 22:
Section 13.8, 13.8(b) and (d) of Article VI of the Home Rule Charter of the City of Aspen is
hereby amended to read as follows:
Section 13.8. - Emergency powers.
In case of riot, insurrection or extra -ordinary emergency, the mayor, or in their his
absence, the manager, shall assume general control of the city government and all
Page 10 of 12
branches and be responsible for the suppression of disorders and the restoration of normal
conditions. At any time of threatened or actual civil insurrection, the mayor shall:
(b) Request the governor's proclamation at their his discretion if they believe h€
believes that the resources and ability of the community are inadequate to
cope with the peril;
(d) Execute all their his normal powers and all their hi-s special powers lawfully
conferred upon them him including, but not limited to, establishing written
rules and regulations governing conduct and activities reasonably related to
the protection of life and property and to the suppression of the civil
insurrection.
Section 23:
Any scrivener's errors contained in the Charter amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 24!
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 25:
If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or
provision shall in no manner affect any remaining portions thereof.
Section 26:
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the special municipal election to be held on November 4, 2025, of a ballot question in substantially
the form that follows:
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CITY OF ASPEN REFERENDUM NO.
AMENDMENT TO CITY CHARTER — REPLACE GENDER SPECIFIC TERMS WITH
GENDER NEUTRAL TERMS
SHALL ORDINANCE NO. 09, SERIES OF 2025, BE APPROVED? ORDINANCE NO. 09,
SERIES OF 2025, IF APPROVED, AMENDS THE CITY OF ASPEN CHARTER, SECTIONS
2.4, 3.1, 3.3, 3.5,3.6,3.7,3.8,3.9,4.2,4.7,6.1,6.2,6.3,6.5,6.6,6.8,7.1,7.2,8.2,9.12, and 9.13 TO
REPLACE GENDER SPECIFIC TERMS WITH GENDER NEUTRAL TERMS.
YES
m
Section 27:
A public hearing on this ordinance will be held on the 26th day of August 2025, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, prior to which the ordinance and notice of public hearing shall be published in accordance
with the Home Rule Charter of the City of Aspen.
INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the
121h day of August, 2025.
` �A�' EST:
V �4/
Nicole Henning, City) lerk
Rac ael Richards, Mayo
FINALLY, adopted, passed and approved this 26th day of August, 2025.
ATTEST:
Nicole Henning; City C rk
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