One Size Does Not Fill: Who Determines Lochbuie's Future?
Lochbuie is a "statutory" Town, meaning its authority to act comes from statewide statutes written by state legislators.
- Currently, Lochbuie is limited to looking to statewide statutes for authority to deal with local matters.
- If no statute exists regarding a certain problem or issue, The Town's hands are tied.
- As Lochbuie has evolved, finding statutes that cover every local situation is becoming more difficult.
Home rule towns operate under a charter written by local citizens elected to a charter commission.
- Home rule is about local control.
- A home rule charter is drafted by a group of electors from the Town who form a home rule charter commission.
- A proposed home rule charter must be approved by registered voters before it will take effect.
- Although rare in Colorado, the charter may be amended by voters at a later date.
- A home rule charter is akin to a constitution for a state.
- Home rule charters refer only to local matters. Home rule towns must still abide by federal and state laws that apply to statewide matters.
- Existing ordinances not modified by the charter will remain in effect.
- Adopting home rule would not require a change in Lochbuie's form of government.
Home rule allows for greater local control.
- On matters of local concern, home rule towns do not have to rely on what state statues mandate.
- Local citizens create and approve their own Town's charter.
- Home rule towns have broad authority to regulate the powers, duties and terms of municipal officers, agents and employees.
A vote for home rule is NOT a vote for higher taxes.
- Home rule in no way overrides the provisions of TABOR, which requires that new taxes, as well as taxes resulting in an increase in revenue above defined limits, are subject to a vote of the people.
- Home rule towns can also save significant dollars by handling Town sales-tax collection themselves, an option not available to statutory towns.
Lochbuie is surrounded to the southeast and northwest by home rule municipalities
- Brighton and Hudson are both home rule.
- Colorado has 100 home rule towns and cities and about 90% of the state population lives in a home rule municipality.
- No home rule town or city in Colorado has decided to revert back to be a statutory municipality.
An election is required first to decide whether to pursue status as a home rule Town.
- If the Town Board determines to set the process for home rule in motion, on November 8, 2022, registered voters will decide for or against forming a charter commission as long as enough people seek to serve on the charter commission (9 are needed).
- This first vote only initiates the process - it does not guarantee approval of a home rule charter. A vote against a charter commission means Lochbuie will remain a statutory town.
- On the same day, voters will elect members to the charter commission who will serve only if the voters approve the formation of the commission.
- If voters choose to form a charter commission, the commission will draft and submit a proposed charter to Town Board within 180 days of the November 8th election.
- After the proposed charter is submitted, registered voters will be asked in a special election decide whether or not to adopt the submitted charter.
- The Town will pay the costs related to the home rule elections as part of the coordinated elections with the Counties.
QUESTIONS & ANSWERS
Why is Lochbuie considering home rule now?
- One of the goals of Town Board at its past retreats was to explore the possibility of Lochbuie becoming a home rule community.
- One of the challenges issued by prior mayors the current Mayor is requesting citizen support and involvement in initiating home rule.
What is the Town Board's role?
- While the Town Board may provide input to the charter commission, the proposed charter is drafted by a group of elected citizens of the Town, which may or may not also consist of Town Board members.
- The charter proposed by the charter commission will be approved or disapproved by citizens in the election booths, not by the Town Board.
- If a home rule charter is approved, it will serve as the Town Board's governing document.
What about the charter commission?
- Based on Lochbuie's population, 9 members will be elected to the charter commission.
- Any registered elector can seek election to the charter commission.
- Candidates must be nominated by a petition signed by at least 25 registered electors
- The petitions will be available at the Town Clerk's Office for circulating starting early August, 2022 and the deadline for petitions to be filed with the Town Clerk's office is later that same month. See below for more information on dates.
- The commission's task will be to write a proposed Town charter that will be approved or disapproved by local voters.
- The commission will be supported by the Town Attorney who will attend all meetings and assist in guiding the drafting of the Charter.
What is the home rule timeline if initiated?
August 9, 2022 - Nomination petitions will be made available by Town Clerk (91 days before election). At least 10 registered electors of the Town must sign.
August 29, 2022 - Deadline for charter commission candidates to file completed petitions (71 days before election).
November 8, 2022 - Election as to whether to form a charter commission and elect 9 commission members. If not passed, the timeline is completed.
November 15, 2022 4:30 p.m. —Organizational meeting of the charter commission
April 12, 2023 Board meeting - Last Board meeting date for submission of the proposed charter from the charter commission to the Town Board.
May 10, 2023 - Board meeting at which Board shall authorize and give notice of election to be published of election ot be held within 185 days of such publication (November 7, 2023 is 181 days from May 10, 2023).
November 7, 2023 - Election to vote on whether to approve the proposed charter.
What are some arguments against home rule?
- Lochbuie has functioned well as a statutory Town. If it is not broken, don't fix it.
- There is some cost associated with adopting a home rule charter.
- If the adopted charter is not written broadly or reflects narrow self interest, it could be even more restrictive than state statutes, defeating the advantages of home rule.
- Home rule charters can only be amended by election and approval of the majority of the electorate.
How do I find out more about Lochbuie's home rule?
- Home rule will be a topic discussed at Board meetings beginning in the summer of 2022.
- The Town will hold an interested persons forum at Town Hall on a date and time to be announced coincident with or before the first day charter commission candidate packets are made available to answer any questions that any potential charter commissioner candidate may have about home rule or serving as an elected charter commissioner. The Town will provide a means to participate virtually to encourage participation.
- The charter commission, if formed, will hold its meetings open to the public and other public meetings will be held in coming months and the Town website will provide information on times and locations.