"I find it quite unfortunate that we've come to this," Yates says.
I would not expect a lawsuit to name you personally; it would be in your official capacity. The lawsuit wouldn't seek damages, probably; just force us to put it on ballot
But here's the thing: Even now, lawyers can't agree on the reading of the city's election law. Carr thinks one thing; the lawyer for Bedrooms has another view.
So it's not like it's cut and dry here.
Because depending on which takes precedence, the petitions have different signature and date requirements, and could leave council as the only path to the ballot.
But anyone who is upset, direct it at Carr, he says.
This is the first time a petition initiative (several, actually) have been filed under those new rules.
State statute only gives 90 days to collect signatures from the filing date, so deadline would have been June 21 for Bedrooms Are For People.
City charter requirements would require signatures submitted 150 days before the election: June 5. And they would have only needed 3,336 signatures.
Carr said of the 15 biggest cities in Colorado, 8 of them allow local rule to supersede state on charter amendments. 6 use state law.
Anyway, that's staff's interpretation.
Toro: Our charter is different. Initiatives are initiatives, and our charter doesn't make a distinction between special or general.
Toro: That happens at times, where a piece gets changed or removed and other pieces no longer make sense. It seems to be what happened here.
Carr: The charter was changed in 2017 and 2018 and we haven't had a petition since then. This is the first time we're dealing with it.
Toro: Nothing, bc that's not a charter amendment. This issue about state law only applies to charter amendments.
Toro: That was based on the view that this was a general election, and state law applied.
Weaver: If our charter governed it, why wasn't that the signature amount?
That's why we're here!
Carr: "The guidelines were an attempt to meld state law and the charter. This was the view of the working group, that state law applied." Guidelines were an attempt to mitigate that somewhat, a "good faith attempt."
City guidelines were an attempt to give petitioners more time, Carr says.
Carr: That's what state law says
Yates: What about our charter?
Carr: No. We used to think of special elections are ones not in November.
I take issue with calling it a cleanup, Carr says. "It was a political dispute in my view."
"There were many back-and-forths between David Gehr and that group about what we put in the memos. They wanted to control their memos and what we put in ours."
Carr: It's council's prerogative to say what the charter means. If you want to tell us we're wrong in our interpretation, we will honor that and defend it.
Carr: I believe that is fair. But it's up to you.
Toro: I don't think that's a contradiction.
I can't go into it bc damn if I understand it.
Reminder: You are.
Carr: You have to interpret the state law and city charter. And that's a matter of opinion. "It's open to question and we will prob get sued and a judge will tell us."
Also known as: The law.
He thinks state law applies.
Toro: As a lot of you know, their elections are not even in the fall. They're in the spring following the general election; that's by charter. No one has come to Denver and said you're not allowed to have your elections in May.
Yates: So if we decide the state law interpretation is correct, then you've at least advised them at some point before the deadline that state law might have applied?
Carr confirms again.
Carr: We've certainly involved in our understanding of it.
"It's only fair we do the right thing."
Supports putting them on the ballot. "It's not an endorsement of yes or not; they will be voted on by a community."
So, regardless of what happens with live petition efforts this year, Boulder is laying out higher hurdles for direct democracy: Less time and more signatures (in even years)
Bedrooms is at about 6,500 currently
Brockett: It's an extremely likely outcome that they won't make it.
Now, Brockett: "Let's make good on the guidelines we gave them."
But if they get the signatures, let's put it on.
What is Boulder going to do with that? she asks. What's the process?
And the COVID spread: Is it more dangerous to be living on the streets?
Well, housed and/or rich people do.
"I'm very concerned about the Bedroom initiative being a charter amendment ... it's basically a zoning ordinance."
Sums up his feeling: "Possibly persuadable but disinclined."
"You've got to trust the city when the city tells you something. Otherwise, what's the point of being the city?"
It's fair to put them on the ballot as a council, if they get the correct signatures.
Young: Can we do that?
Carr: Yes. You can do whatever you want to put things on the ballot yourself.
Plus, it's not for me to say because I didn't create the petition. Our rules say you can petition for charter changes.
Doesn't want to place on the ballot; wants council to adopt it as a work plan.
"To me, land use and the charter doesn't work."
"If you're going to put a petition for a charter amendment out there, you really need to do your homework."
Swetlik, Friend, Brockett were for that
Joesph has yet to weigh in, at least in a way I understand.
"I'd hope that at least as a backup, we'd take that seriously" and work on these issues at the council level.
"It's a failure of public process when we don't tackle the hard issues, bc then we reach these points where the fight gets bigger and bigger."
BRO, I ASKED YOU ALL ABOUT THIS BEFORE YOU GOT ELECTED!
Y are landlords opposing it, tho?
Council will revisit.
Good to know my WiFi and I have something in common.