Cortez plans a major overhaul of its City Charter, with changes likely on the spring ballot.
Updating the charter is rare. Much of Cortez’s governing document includes decades-old rules, some referencing departments or structures that no longer exist.
City Manager Drew Sanders said portions of the charter date to its 1950s adoption and have been updated only in parts.
Sanders said the update has been discussed for years but delayed by staffing limits and work on the land-use code.
“It’s actually been in the works for a couple of years, and it’s much needed,” he said. “The language is antiquated and outdated. We’ve been hoping to do this honestly since I’ve been here, but we haven’t had the capability to really get to it before now.”
He described the charter as the foundation of city governance.
“It’s really the foundation from which your local government operates,” Sanders said. “That’s why it matters. The public needs to be aware of it, not only the function but the contents of it. This is a basis for them to hold us accountable.”
City officials emphasize revisions are preliminary, with another work session planned for Wednesday.
“This is not final yet, not even close,” Sanders said.
Once revisions advance, council must approve the charter before it appears on the April 7 ballot.
Council discussed edits in recent work sessions, aiming for a first reading Jan. 13.
Staff recommends one ordinance summarizing revisions, instead of multiple ballot questions. A full list of proposed changes would be attached for voters to review. City Attorney Patrick Coleman said this approach avoids a lengthy ballot.
“Problem is, other than the typos and spelling errors, most of the changes kind of stand on their own. When we came up with about 15 questions that made for a very long ballot,” Coleman said at a Dec. 9 workshop.
He added:
“It seemed to be more complicated than what most voters want to deal with.”
Sanders said the current plan would likely require voters to approve or reject the changes as a package, though that structure is still under discussion.
“The way it’s initially slated is approve everything or not,” Sanders said. “We may have one kind of omnibus question, and then we may have one or two that would be separate. We haven’t figured that out yet.”
A leading recommendation from last week’s work session is to separate the charter from the City Code. The charter must be amended by voter approval, while the code is amended by council ordinance.
| City Charter | City Code |
| The city’s “constitution” | Local laws under charter |
| Requires approval by voters | Requires two readings, public notice, a public hearing before council can vote to adopt |
| Difficult to change, more concrete | Still a public process but easier to change |
| Sets fundamental rules | Sets operational details |
“The charter is basically our constitution for our home-rule municipality,” Sanders said. “Ordinances are like passing a local law.”
He said moving certain provisions to ordinance allows elected officials to respond more easily to changes.
“If it’s in the charter, it’s basically in concrete and it’s really hard to change,” Sanders said. “What we’re hoping is to move some of that to something our current elected officials can act on through ordinance. It’s still a public process, but it’s easier than a charter change.”
Most changes fix typographical, spelling and formatting issues and make language gender-neutral, such as changing “his executive” to “their executive” or “he will prepare the budget” to “they will prepare the budget.”
“Now, there are some substantive changes we can touch on,” Coleman said Dec. 9.
City employment restriction for council members: Council discussed restricting former members from city employment for one year after leaving office. Members agreed the restriction would maintain ethics and prevent financial benefit from positions created while in office.
Sanders said the provision is meant to prevent conflicts of interest involving future councils.
“It avoids a shenanigan,” Sanders said. “It’s not this council you have to worry about – it’s the possibility of a future rogue situation. That’s what we’re trying to guard against.”
Council compensation: Council reviewed charter language on pay. The mayor earns $500 monthly; council members earn $400. Members said pay should reflect inflation and time-intensive duties like daylong budget sessions.
Council agreed pay should be removed from the charter and set by ordinance. This change, if approved by voters, would apply to future councils. Pay was last updated in 2006.
Sanders said he supports moving compensation to ordinance but not allowing current council members to set their own pay.
“I feel strongly that the current council should not be voting their pay rates,” Sanders said. “I do think they should fix that compensation, and it should apply to the next council.”
Creation or elimination of departments: The revision removes department rules from the charter, letting council make changes by ordinance.
“Mainly, it's for efficiency,” Coleman said. “There’s been a reference to the Department of Utilities, and as far as we can tell, we’ve never had a Department of Utilities. The Department of Public Health is another one that needs to be eliminated.”
Keep fiscal guardrails: While removing department-specific language, the council agreed to keep fundamental fiscal guardrails, such as rules relating to contracts, competitive bidding, budget timelines and special funds, within the charter under a renamed “financial administration” section.
Other proposed changes include:
- Remote-attendance option: Allows remote participation, already granted by ordinance earlier this year.
- Council powers: Explicitly authorizes council to appoint and remove the city attorney and municipal judge, consolidating authority with city manager appointments.
- City attorney qualifications: Raises required experience from three to five years and permits applicants licensed in other states if they obtain a Colorado license before starting. Sanders said the update clarifies the attorney represents the city and council, not individual employees.
- Utility acquisition: Lets council acquire public utilities by ordinance rather than public vote, unless TABOR bond rules apply.
Council will continue work on revisions at a special session Wednesday. If directed by council, the city attorney’s office would bring forward an ordinance for a first reading Jan. 13, followed by a public hearing and second reading Jan. 27.
Sanders said community input is critical at this stage.
“We really need the community to engage,” he said. “We’re not trying to force this on the community. This has got to serve the betterment of the community.”
