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Loveland council leans toward council-appointed committee, not full charter commission, to review city charter
Summary
After a presentation on home-rule options, Loveland City Council expressed majority support for a council-appointed committee (rather than a formal charter commission) to review and recommend charter amendments; staff was asked to produce a prioritized list of issues and return with details on selection and timing.
Loveland City Council signaled on June 10 that it prefers a council-appointed committee over a formal, statutory charter commission to review the city's home-rule charter, citing lower cost and greater flexibility.
The preference emerged during a study-session presentation by City Attorney Vince Jungles and outside counsel Jeff Wilson, who described two principal routes: a formal, statutory charter commission governed by Article XX, Section 6 of the Colorado Constitution and Title 31 procedures, or a council-created committee that can be tailored in scope and timeline. Jungles told the council the statutory commission process can trigger strict deadlines (including a 180-day statutory finish for a commission'draft) and likely requires separate legal counsel and at least one special election, which could raise costs substantially.
"This statutory process ... can be onerous," Jungles said, adding the formal route might require separate counsel and could cost in the hundreds of thousands of dollars if special elections are needed. Jeff Wilson, who has advised other Colorado cities, said many municipalities choose the committee route for its flexibility.
During public comment, Larry Sarner argued that only the voters can initiate a charter commission and that a council referral would be "ultra vires." "The council cannot do it by ordinance," Sarner said. City Attorney Jungles disagreed in his response, saying the statute and constitutional language provide two tracks: voters by petition or the council by referral.
Council discussion centered on whether to review the charter "start to finish" or to give a committee a focused "shopping list" of housekeeping and compliance items. Several councilors urged that the city receive a prioritized list of known compliance and statutory issues from the city attorney's office before committing to the scope of any review.
By the end of the session, staff summarized council direction: proceed with a council-appointed committee approach, prepare a list of statutory and housekeeping items for committee consideration, and require a supermajority vote of council to appoint committee members. No formal vote was taken at the study session; council asked staff to return with a more detailed plan that includes budget, timeline and proposed selection rules.
What happens next: City Attorney Jungles and staff will prepare the list of compliance items and a proposed process for committee formation and member selection. Council directed that the clerk's office and legal staff return with cost estimates and a timeline for potential ballot scheduling if changes are recommended for voters.
Sources: Presentation and Q&A with Vince Jungles, Loveland city attorney; Jeff Wilson, outside municipal counsel; public comment from Larry Sarner. The council's direction to staff was recorded at the June 10 study session and summarized by city staff.
