Changing charter rules no easy task

Dan Kulin

Wednesday, March 12, 2003 | 9:22 a.m.

Changing the Boulder City Charter may become as difficult as amending the state constitution.

Currently, charter amendments are adopted if approved by a simple majority of the voters in one election. But council members said that doesn't adequately protect the charter from the whims of the voters or fleeting trends.

So on Tuesday the council asked the city attorney to write a question for the June 3 ballot that would ask voters to change the charter-amendment process so an amendment would have to be approved in two elections. If adopted, the new rules would mirror the procedure for adopting state constitutional amendments, which also require voter approval in two elections.

The charter, similar to a constitution, establishes the rules for the operation of the government, such as how laws are passed, and how and when the mayor and council are selected and how long they serve.

The council supported asking voters to change the charter-amendment process so amendments need two popular votes to be adopted over a recommendation from a citizens' Charter Commission, which suggested changing the charter so amendments would need to be approved by at least 66 percent of the voters.

Vern Burk, who chaired the Charter Commission, said the charter should not be able to be changed by just 51 percent of the voters, as it can now.

"It should not be changed lightly," Burk said.

Councilman Bryan Nix agreed, saying now the charter is too easily changed on a "whim."

But Nix said requiring 66 percent voter approval could be too much.

Councilman Mike Pacini said requiring 66 percent approval for any amendment would make it easy for a strong minority to block any amendment.

Nix suggested the city adopt an amendment procedure similar to the one in place for state constitutional amendments.

The council also instructed the city attorney to draft another proposed charter amendment that would ask to make the charter gender neutral, clarify that rules that apply to the council also apply to the mayor, and remove some inconsistencies in the charter. Council members described these proposed amendments as simple housekeeping matters.

The council is expected to vote March 25 on whether to put the two proposed amendments on the city's June 3 general election ballot.

City Clerk Vicki Mayes said March 25 is the last time the council will be able to vote to put proposed charter amendments on the June ballot.