The Town of Timnath is a Home Rule community, meaning we created our own charter in 2006, which outlines foundational governance rules related to topics such as elections, financial matters, and Town Council. Think of the Town Charter as the local equivalent to the US Constitution. We were empowered to make our own charter as a Town, and our community is empowered to make changes and must approve any changes by a majority vote.
Take a look at how citizens can place a Town Charter amendment on the ballot:
File statement of intent
A draft petition is filed with the Town Clerk
A draft petition for amendment of the Charter is filed with the Town Clerk, along with a statement of intent to circulate a petition signed by at least five registered electors of the Town. The Town Clerk will review the Petition and certify it as to form.
Up to 90 days after filing the statement of intent
The petition will then be circulated for up to 90 days after filing the statement of intent. The petition must be signed by 10% of the registered electors of the Town on the date that the statement of intent was filed (or 5% if the petition calls for the proposed amendment to be submitted to voters at a regular election instead of a special election)
Signed petition is filed
The petitioners have up to 90 days after submission of the statement of intent with the Town Clerk
Submission date plus 15 days
Review of petition signatures
Clerk has 15 working days to review the petition for sufficiency of the signatures and notify the petitioners as to sufficiency
Submission date plus 40 days
Deadline to protest petition
Any registered elector in Timnath may file a protest to the filed petition, specifying grounds for protest.
“A protest in writing, under oath, may be filed in the office in which such petition has been filed by some registered elector of the municipality or territory proposed to be incorporated within thirty days after such petition is filed, setting forth with particularity the grounds of such protest and the names protested. In such event the officer with whom such petition is filed shall mail a copy of the protest to the persons named in such petition as representing the signers thereof at the addresses therein given, together with a notice fixing a time for hearing the protest not less than five nor more than twenty days after such notice is mailed.” Sec. 31-2-223, C.R.S.
Next regular Town Council Meeting after certification of petition
Town Council must set the Ballot Title at the next meeting after Town Clerk determines that a petition is sufficient
In submitting any charter or charter amendment, any alternative provision may be submitted for the choice of the voters and may be voted on separately without prejudice to others. The alternative provision receiving the highest number of votes, if approved by a majority of the registered electors voting thereon, shall be deemed approved.
Town Council Meeting when Council sets the ballot title or next meeting
Town Council sets language of the notice of special election
Within 30 days of Town Council adopting the ordinance or the Clerk validating the petition (whichever comes first)
Publish notice of a special election
60 – 120 days after the notice of a special election
What is a Home Rule Charter?
The Town of Timnath Home Rule Charter establishes Timnath as a home rule municipality and defines the specific authorities of the Town Council and administrators. The Charter also sets forth guidelines and processes for legislation, financing, and providing specific services within Timnath. We were empowered to make our own charter as a Town, and our community is empowered to make changes and must approve any changes by a majority vote.
What’s the difference between our Home Rule Charter and the Municipal Code?
Timnath Home Rule Charter and the Timnath Municipal Code are two distinct documents that govern the Town of Timnath. Here’s how the two contrast:
· Establishes the Town of Timnath · Defines the Town’s authorities and the role of elected officials.
· Establishes enforceable ordinances (curfews, building codes); · Organizes the city’s administration (establishes a sales tax, etc.)
Changes by Town Council
Council may only amend the Charter with voter approval.
Council may change the Code with or without voter approval.
Changes by the voters
Residents may petition Council to place a question on the ballot.
Residents may petition Council to adopt an ordinance or place a question on the ballot.