Title
Pursuant to City Code § 1.4.105 (Candidates for Election), Colorado Springs Utilities Employee Request for City Council Consent to Run for Ellicott School District 22 School Board Director and Request to Waive the Requirement to Terminate Employment Upon Election
Presenter:
Tracy Lessig, Deputy City Attorney
Body
Summary:
Pursuant to City Code § 1.4.105 (Candidates for Election), Colorado Springs Utilities employee Michael Ferguson is requesting consent from City Council to run for Ellicott School District 22 School Board Director. He is also requesting waiver of the requirement to terminate employment upon election to the position. Ellicott School District 22 is within the service area of Colorado Springs Utilities. City Council can revoke its consent to run and waiver of the requirement to terminate employment if Mr. Ferguson failed to comply with any City Charter provision, City Code provision, Colorado Springs Utilities policy or procedure, or any other applicable law or regulation regarding campaigning while on duty or use of City/Utilities resources.
Background:
In February of 2021, City Code § 1.4.105 (Candidates for Election) was amended to address when City employees (including Utilities employees) must terminate employment if they run for elected office. The ordinance requires City employees to terminate employment with the City upon filing a candidate nomination petition for any elective office of the City. The ordinance also requires City employees to terminate employment upon filing a statement of candidacy or a candidate affidavit for any elective office of the Federal Government, the State of Colorado, the County of El Paso, or any school district lying wholly or partly within the City limits or within the service area of the Utilities unless the Mayor or a majority of City Council, as appropriate, give consent. In addition, the ordinance requires City employees elected or appointed to any elective office of the Federal Government, the State of Colorado, the County of El Paso, or any school district lying wholly or partly within the City limits or within the service area of the Utilities to terminate employment with the City upon acceptance of such elective office unless this requirement is waived by the Mayor or a majority of City Council, as appropriate.
Previous Council Action:
City Code § 1.4.105 (Candidates for Election) was amended in February of 2021.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
Colorado Springs Utilities recommends that City Council give consent to Mr. Ferguson to run for Ellicott School District 22 School Board Director and waive the requirement that he terminate employment upon election. It is the opinion of Colorado Springs Utilities leadership that Mr. Ferguson’s position as an Operations Supervisor 1 in the Gas Quality Control and Inspections group with Colorado Springs Utilities does not constitute an inherent conflict with holding office as an Ellicott School District 22 School Board Director. Colorado Springs Utilities also recommends City Council reserve the authority to revoke its consent to run and waiver of the requirement to terminate employment if it is determined that Mr. Ferguson violated any City Charter provision, City Code provision, Colorado Springs Utilities policy or procedure, or any other applicable law or regulation regarding campaigning while on duty or use of City/Utilities resources.
Stakeholder Process:
N/A
Alternatives:
City Council could decline to give Mr. Ferguson consent to run for Ellicott School District 22 School Board Director and decline to waive the requirement he terminate employment with Colorado Springs Utilities upon election to the position.
Recommended Action
Proposed Motion:
Motion to give Michael Ferguson consent to run for Ellicott School District 22 School Board Director and to waive the requirement he terminate employment with Colorado Springs Utilities upon election, with the understanding that City Council may revoke its consent to run or waiver of the requirement to terminate employment if it is determined that Mr. Ferguson violated any City Charter provision, City Code provision, Colorado Springs Utilities policy or procedure, or any other applicable law or regulation regarding campaigning while on duty or use of City/Utilities resources.
Summary of Ordinance Language
N/A