Superior Home Rule Charter Voter Guide

Special election set for Dec. 10

By Kaylee Harter - Nov. 13, 2024
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The general election may be over, but Superior voters have one last vote to cast.

After a clerical error led to the town’s home rule charter question being left off the Nov. 5 ballot, Superior is conducting a special election on whether to adopt a new governing document. (You can read the full document at bit.ly/SuperiorHomeRuleBW.)

The charter was drafted by a home rule commission of nine Superior residents elected in 2023. 

The goals of the commission were to cause “minimal disruption to existing town laws, add clarity, safeguard values, and enshrine aspects of state charter into ours to hedge against state changes,” according to a website funded by the Yes for Superior Home Rule Issue Committee, of which all the commission members are a part. 

Ballots are set to be mailed between Nov. 18 and Nov. 25. Absentee ballots must be requested by Dec. 6 and votes must be cast by the special election date, Tuesday, Dec. 10. The town recommends mailing ballots no later than Dec. 3 to ensure they’re received by Dec. 10. Uniformed and Overseas Citizens (UOCAVA) absentee ballots can be postmarked no later than Dec. 10. Informational sessions hosted by the commission will be held Nov. 14 (​​5-6 p.m.) and Dec. 2 (7-8 p.m) at the Superior Community Center, 1500 Coalton Road.

Here’s a rundown of what’s on the ballot and how it would impact Superior residents: 

Ballot language 

Shall the Town of Superior proposed home rule charter be adopted?

What is a home rule charter? 

A home rule charter is a governing document that shifts power toward local control as opposed to state statutes. Home rule municipalities can have more control over things like zoning, elections and taxes — though it depends what’s written into the charter. 

What happens if voters reject the charter? 

The charter commission elected in 2023 will go back to the drawing board. They’ll revise the charter and try again next year. 

Can I vote for pieces of the charter but not others? 

No. This is an all-or-nothing approval. 

What will change? 

• According to the Colorado Municipal League, “Home rule municipalities are not required to follow state statutes in matters of local and municipal concern and therefore enjoy freedom from state interference regarding local and municipal matters.” Both commissioners and town trustees pointed to this as a major benefit of adopting home rule, especially in the case of issues like state legislation on local zoning. 

• The charter specifies that selling or rezoning any open space would require a vote of the people. Currently, the town would not have to put selling or rezoning open space to a vote.  

• The board of trustees would change its name to town council.

• The charter broadens who can run for the town council, specifying only that candidates must be a citizen, be a   registered elector of the town, and be a resident of the town for at least 12 consecutive months prior to the election. 

• The charter (and simply becoming a home rule municipality) gives Superior broader discretion over eminent domain. 

What won’t change? 

“It may seem like not much has changed, and that’s kinda the point,” commissioner Ryan Hitchler said at the April 18 public hearing. 

• Elections will continue as is, but modifications could be made in the future. 

• Even though its name will change, the town council will still include a mayor and six council members. There will not be a ward system. 

• It’s still a majority vote for removal of town staff; the only item that would require a supermajority is an emergency ordinance, which takes effect immediately as opposed to 10 days after it is published following council approval. 

• Some home rule municipalities choose to collect sales and use tax directly rather than through the state. However, Superior’s charter keeps the current tax collection structure in place, because it would have been “extremely onerous for Superior to do on its own right now,” said Dalton Valette, chair of the home rule commission.

• The charter does not weigh in on specific issues such as affordable housing, transit, gun rights, off-leash dogs, short-term rentals or “business friendliness.” 

• “We wanted to be conscientious of not making it something that a handful of issues made it a hot potato,” commissioner Clint Folsom said at the   public hearing. 

Other things to consider

• The document can be updated in the future. Valette said the document was meant to be “a stable document but one that is amenable to the changes of the future.” 

• Charter amendments must be approved by a vote of the people, and can be referred by town council or by citizen initiative.

• There are more than 100 home rule municipalities in Colorado, including Boulder, Denver, Broomfield, Longmont, Louisville and Westminster. 

• Mayor Mark Lacis called it “the right step forward” for Superior.

• All five of the six board of trustee candidates, including two incumbents, who responded to our voter guide questionnaire said they supported the adoption of the home rule charter.

• No one spoke out against adopting home rule in the public hearing. General arguments against home rule, according to the Colorado Municipal League, include: 

  • The risk of implementing an overly restrictive charter can make conducting town business more difficult. An overly broad charter can also create confusion. (The commissioners “believe we have written a Charter that is explicit in areas of clarification while being flexible enough to changes in the future,” according to their website.)
  • “Unless restricted by the charter, a home rule municipality has the potential to exercise more governmental powers than are available to statutory municipalities, which some local citizens may see as a disadvantage.” 

How much will it cost? 

Adopting a home rule charter will cost an estimated $42,500, according to a presentation from the commission. Those costs include staff time, attorney fees and coordination with Boulder County for elections.

Those costs would come from the general fund. Taxes will not go up.

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