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The Harlander
Joined: 29 Sep 2007
Posts: 404
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 Posted: Tue Jul 08, 2008 1:33 am Post subject: A New Commission is Formed |
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One of the many issues before the City Council regarding the transitional provisions of the New City Charter is the formation and direction of the Charter Review and Compliance Commission. This Commission breaks new ground along with the States Independent Ethics Commission. In many ways we are stricter than Article 41 of the State Constitution which only deals with “Ethics violations” (read conflict of interest issues). We state that a pubic official will not violate our City Charter and to do so “willfully” could bring you up before the Municipal Judge on misdemeanor charges. That could result in a $999.00 fine and/or 90 days in jail. Think about that.............. an elected official can be charged with a crime of violating the public trust and still not be removed from office, a right reserved for the people through the power of recall.
By Charter, the Council by ordinance, must establish the powers and duties of this Commission. Does the Commission have the right of independent Council (a separate prosecuting attorney from the City attorney)? Do they have the same investigative and subpoena powers of the Independent Ethics Commission of Colorado or the City and County of Denver’s Ethics Commission? Does the power of this Commission exceed the power of either of those entities? They, only deal with conflict of interest issues. We are further asking for strict adherence to the principals and law, spelled out in our Charter, by our elected, appointed and contracted officials.
Will the Council put teeth into this new Commission, or will the Commission be just another formality in the ever protective armor of the City Attorney?
Under any conditions the Commission will serve as an ongoing review of our Charter as to compliance with current State law and to resolve any issues where Charter non-compliance may occur due to conflicts within the Charter itself.
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John Moreno
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| Posted: Fri Jul 11, 2008 10:16 pm Post subject: The Transition |
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I made this post in another forum but it realy belongs here:
Since I was the one who dreamed up this Commission, then I should weigh in on this debate. First Lets actually read what the functions of this Commission are:
| Quote: | 11.6 Charter Review and Compliance Commission. (1) The Charter Review and Compliance Commission is hereby established, consisting of five (5) members and one (1) alternate to be appointed by the Council. The members shall be appointed for three-year overlapping terms, and the commission’s duties to report to the City Council or the City Manager shall be set by ordinance.
(2) The members of the Charter Review and Compliance Commission shall be registered electors and shall have been residents of the City for at least one (1) year immediately preceding the date of their appointment. No member shall be an elected official, officer, or employee, board or commission member, or member of the Fire Department.
11.7 Functions of the Charter Review and Compliance Commission. (1) The commission shall have the power to hear all complaints alleging non-compliance with this Charter, including allegations of willful Charter violations, subject to limitations and requirements as shall be subsequently established by ordinance. Any complaints involving the commission or members thereof shall be heard by the City Council in the manner provided in Section 7.5(2) of this Charter.
(2) The commission shall forward any findings of willful Charter violations to the City Attorney for possible prosecution in the City’s Municipal Court pursuant to Section 19.8 of the Charter.
(3) The commission shall review the Charter at least once every six (6) years after adoption, and at least once every six (6) years thereafter, for possible amendment. In addition, in the form of advisory resolutions, the commission shall present its findings to the Council regarding complaints of Charter noncompliance. Therein the commission may provide suggestions for possible clarification or revision of the Charter to address ambiguities or inconsistencies that it has identified. |
By State Law, the only people that can change the Charter is the registered voters of the City at an election. The most the Commission can do is to make a recommendation to the Council to put a referendum on the ballot for any amendments to the Charter. The ultimate decision is in the hands of the electorate.
As far as complaints regarding possible Charter violations. The most the Commission can do, is find that a situation of Charter non-compliance has occurred and make a recommendation to Council on how to resolve the issue OR if they find there was a willful violation they pass those findings on to the City Attorney for prosecution. At that point it is totally up to the City Attorney to decide whether to seek prosecution. If the City Attorney concurs and prosecutes the case then goes before the Municipal Court and the accused has their day before the Judge and or a jury. The Commission has no judicial power and cannot assess penalties nor fines.
The City Council has two distinct actions it must take in the form of an ordinance. The first is to decide when the Commission reports to the City Manager and when they report to City Council 11.6(1).
Next the Council must establish by ordinance the limitations and requirements regarding the Commissions hearing process for Charter non-compliance or willful violation. For example: Should there be a standard form for filing a complaint or can the Commission accept anonymous verbal complaints (not recommended)? Should the Commission have a findings meeting to determine, along with the help of legal council, the validity of a complaint?
At first blush the CRCC may appear to be a radical new idea but, it's not. It is however unique and here is why. Denver has had an Ethics Commission for some time and the State has just formed the new Independent Ethics Commission. Both entities conduct hearings on ethics violations as will our CRCC. So those are two good models to follow. Where we are different is we extend the powers to not only include ethics violations but Charter non-compliance and willful Charter violations as well. As to the Charter review function of the CRCC, that is nothing new at all. Many cities have on going charter review committees, Centennial come immediately to mind.
I will admit that when I first wrote Articles 11.6 and 11.7 it was a bit draconian but once the Charter Commission under the guiding hand of our attorney, Hilary Graham, got done with it we had a useful and positive contribution to our new Charter.
Thank You Reader for taking the time to read this post. I hope I have shed some light on the issue. |
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Guest
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| Posted: Wed Mar 18, 2009 11:00 pm Post subject: |
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Guest
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| Posted: Thu Mar 19, 2009 10:27 am Post subject: |
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| Anonymous wrote: | |
This threas was momentarily taken over by aliens. Control has been returned, do not panic. The charter thread is safe. |
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أش&am
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| Posted: Thu Mar 19, 2009 3:42 pm Post subject: |
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ميثاقكم الإساءة قانون محمد.  |
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The Patriot
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| Posted: Thu Mar 19, 2009 8:36 pm Post subject: |
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The Patriot
Guest
Posted: Thu Mar 19, 2009 7:38 pm Post subject: Ach, Achmed!
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Achmed, or - if I might be familiar - Ach
I'm sure you are just an erudite Edgewaterite who happens to have an Arabic keyboard and knows how to use it - most likely to be an imp. This, of course, is something the Stick appreciates.
However, on the off-chance that you are more than you seem, I'll be asking the Denver office of the FBI to translate your missive and talk to you. Wouldn't it be a lot easier to provide a translation with your erudite message?
Ach, in many tungs!
TP
PS. Achmed, you've just been TP'd!  LOL |
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Guest
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| Posted: Thu Mar 19, 2009 8:40 pm Post subject: |
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| Good Luck I'm sure a terrorist is interested in the Edgewater Talking Stick. |
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Moshe
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| Posted: Fri Mar 20, 2009 12:31 am Post subject: |
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Achmed does not believe the Charter pleases Gods messenger, Mohamed. Nothing new there, it doesn't please the Mayor or Counsil Pres either.
Shalom |
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Guest
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| Posted: Fri Mar 20, 2009 9:32 am Post subject: |
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maybe if it were pleasant it would please
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