SOUTH FORK— Community members of South Fork will have a decision to make come July that will change the format of the town government. The South Fork Town Board voted to have a home rule question placed on a ballot for a special election that will go to the voters at the beginning of July. A home rule charter commission study team recently formed and met for the second time on the morning of April 25 to discuss the pros and cons of becoming a home rule community.
The study team is open to anyone who wants to learn more about what it means to become a home rule charter community and to help get this information out to others as well as to bring questions about home rule to the group. The team includes those who are considering being elected to the home rule charter commission, along with those who just want to become more educated on the facts. The home rule charter study team has met twice and plans to meet again next Wednesday morning, May 3 at 7:30 a.m. at the Bear Claw Bakery.
So far, the study team meetings have focused on answering questions from those whom have attended. Questions that have been raised include the following and answers were compiled during an interview with Town Manager Tome Acre:
Who can be on the charter commission? “State statute governs who is eligible to run for and be elected to the charter commission. Individuals must be a resident and registered elector within the Town of South Fork to be elected as a member of the charter commission. Petitions to be considered for election to the charter commission are available at town hall.”
Who can be on the home rule charter study team? “Anyone interested in learning more about home rule, the charter commission and would like to provide input to the study team is welcome to attend the home rule charter study team meetings. Participants do not have to be a resident of South Fork.”
What is home rule? “Home rule is a form of government under the control of the local citizens rather than state government, with the powers and authority derived from the municipality’s locally enacted charter and ordinances, rather than state statutes. This means citizens of the town can adopt a local charter fee from the need for state enabling legislation and protection from state interference in local and municipal matters.”
Basically, the charter commission develops what can be thought of as the constitution for the town, with input from the community that is voted on and approved by the voters. In contrast as a statutory town, the state statute is the controlling document. Home rule allows the town to tailor its governance document to the town instead of a ‘one size fits all’ state statute.
How does home rule affect taxpayers? “Becoming home rule does not negatively impact taxpayers on its own merits. Any and all tax issues such as a question about enacting a new tax, must follow TABOR as currently required now and much be approved by the voters. Home rule does not mean a town is exempt from TABOR and can enact taxes without a vote of the public. Becoming home rule does allow a town to specify its own tax code instead of relying on the state code. An example of a benefit (to being home rule) is that home rule would allow the town to enact a separate lodging tax above the county lodging tax if it was approved by the voters. Being a statutory town does not allow this. Recently a comment was made about the town’s ability to audit businesses. The town can currently request the state department of revenue to do an audit of a business if deemed necessary. Under home rule the town could complete these audits internally and can either specify this in the charter or through ordinance as part of the code.”
How does home rule affect annexation and eminent domain? “Both the annexation and eminent domain processes as governed by state statute are examples of things that cannot be changed by becoming a home rule community. The levying of taxes and the initiative process are other things that cannot be determined by home rule charter.”
According to Acre, “If we become home rule, those living outside of town can vote. This is a topic the home rule commission will determine. There is currently one community in Colorado that allows this if the voter demonstrates property ownership within the town for a specific time period and registers to vote. This has not been included in the charter by other communities that have become home rule. An argument could be made that a business owner who also owns property should have the ability to vote in town elections, especially if it impacts their business and property. Members of special districts do have this ability to vote if they own property in the special district, rather they reside in the district or not.”
Who writes the charter? “The home rule charter is drafted by the charter commission with input from the community through community meetings and assistance from the town attorney, town staff and outside legal counsel with experience in drafting home rule charters. The charter commission must complete the draft of the charter within 180 days of the certification of the election and must submit the charter to the board of trustees so it can be placed on the ballot for consideration by the voters in the Town of South Fork. It is important that the charter not be overly restrictive and considers the future of the town, not current hot topics, as once a charter is in place, it takes a vote of the public to change the charter.”
For more information or to ask specific questions please contact town hall. Fact sheets and frequently asked questions are in the process of being developed specific to South Fork.