Superior's Home Rule Charter to be considered in Dec. 10 Special Election

Current Status: Where are we now?

Superior’s Home Rule Charter Commission was elected in November 2023 to assemble Superior’s proposed Home Rule Charter. After six months of work, the Commission completed the document on May 2, 2024. The final Charter document was to be considered for approval by Superior voters in the November 2024 Election.

Because of a clerical error, the Home Rule Charter question will not appear in the November Boulder County ballot materials. However, on Oct. 1, 2024, the Town Board held a special meeting to approve a special election on Dec. 10 to put the Home Rule Charter question in front of the voters.. Read the notice of the special election and the full text of the Home Rule Charter.

Home Rule Charter document

Home Rule Charter Commission presentation to the Town Board (To be presented at the May 13, 2024 Town Board meeting)

The Town Board, on June 10, 2024, approved a Resolution for the proposed Home Rule Charter ballot question to be considered during the Town election coordinated by Boulder County on November 5, 2024

Home Rule Charter Informational Session Presentation prepared by the Home Rule Charter Commission.

For questions about the Home Rule Charter and process, contact homerule@superiorcolorado.gov.

Charter Commission History: How did we get here?

Past Home Rule Charter Commission meetings, agendas and notes

Memo regarding Special Election of Home Rule Charter Commission - July 10, 2023

2023-2024 Home Rule Timeline

Resolution R-41 Home Rule Special Election

Meet your Home Rule Charter Commission (Election Results)

Background: Learn more about Home Rule

What is Home Rule?

“In Colorado, municipal “home rule” is a form of government under the control of local citizens rather than state government, with powers and authority derived from the municipality’s locally enacted charter and ordinances, rather than state statutes. It affords citizens of cities and towns who adopt a local charter freedom from the need for state enabling legislation and protection from state interference in “local and municipal matters”.
- Colorado Municipal League, Home Rule Handbook for Colorado’s Cities & Towns (January 2017)

In laymen’s terms – “home rule” is a form of government based on a charter written by residents rather than following state statute. It is based upon the theory that the residents in the community know best how to solve local issues. Home Rule is all about YOU! If the community votes to “go Home Rule”, the Charter the Town uses to govern the community will be created by residents for residents.

You can review a copy of the Colorado Municipal League's Home Rule Handbook at Town Hall (124 E. Coal Creek Drive) and at the Superior Community Center (1500 Coalton Road). You can also purchase a copy using the link above.

Home Rule's impact on:

Land Use

Finance and Taxation

1. Broader and more flexible taxing powers, including:

Authority to levy taxes not available to statutory municipalities, such as lodging taxes, admissions taxes, and other excise taxes.
The ability to collect, administer, and enforce sales and use taxes.*
The ability to determine what transactions are subject to or exempt from sales and use taxes.
The ability to establish procedures for the adoption, amendment, increase, or decrease of taxes.
The ability to provide property tax increase limits different from those provided for in the statutes.

2. Within limits, establish a tax base that is not uniform with the State of Colorado tax base (numerous home rule municipalities have a broader tax base, with fewer tax exemptions).

Examples include:

Pollution tax
Business/consumer use tax (owed on the business purchase of assets, equipment and supplies where sales taxes have not been paid)
Tax on manufacturers equipment
Computer software
Interstate telecommunications
Taxes due on the tangible personal property included in the purchase of an existing business
Occupational privilege tax (employment head tax)
Maintenance services (copier or medical equipment maintenance service agreement where parts/equipment replacement could be taxed)

3. Simplify or otherwise revise procedures for budget and appropriation adoption, amendment, and transfer of funds.

4. Establish maximum debt limitations.

5. Establish limitations for the repayment of municipal bonds.

Elections

1. Establish procedures and dates for municipal elections differing from those established by State statute, including such matters as regular and special election dates and the dates when elected officials will take office.

2. Modify local procedures for initiative, referendum, and recall.

3. Modify procedures for filling vacancies in elected offices.

4. Specify a minimum age for elected officials or other requirements.

Administration/Governance

1. Determine the form of government and administrative structure, including:

The size of the governing body.
The powers of elected and appointed officials.
The terms of office of elected officials and whether they are elected from districts or at-large.
Set term limits for elected and appointed officials.
Establish ethics, gift, and conflict-of-interest requirements for elected and appointed officials.
Set local campaign spending and disclosure requirements.
Determine quorum and voting requirements.
The manner of filling vacancies.
The respective powers of elected and appointed officials, boards and commissions, and staff.

2. Establish procedures for the adoption of ordinances and resolutions; determining:

Whether actions need be taken by ordinance, resolution, or motion.
Procedures for notice, hearing, publication, or posting of ordinances.
Publishing ordinances by title only.
Determination of the effective date of ordinances.

3. Modify procedures pertaining to regular and special meetings and executive sessions.

4. Expand the jurisdiction of municipal courts (e.g. increased nuisance abatement authority).

5. Establish procedures for the sale or disposal of public property and the awarding of contracts.

6. Determine the qualifications of municipal officers and employees.

7. Establish maximum terms for public utility franchises.

What are the potential disadvantages of Home Rule?

The possibility of a restrictive Charter that could make completing Town business more difficult.
The drafting and adoption of a Home Rule Charter will require Town funds to support the project.
Some residents may see the possibility of a Home Rule Charter to provide expanded municipal authority over certain matters as a disadvantage.
Some potential changes (local tax collection, election changes, etc.) may require adding multiple additional staff to Town government. This comes with budgetary considerations for salary, benefits, physical space expansion, etc.

Who writes the new Charter?

The Home Rule Charter Commissions (HRCC) is responsible for creating this new charter that will define local Town governance. The HRCC is a group of residents who were elected by Superior residents in November 2023. The Commission's only role is to write a draft charter to be voted on in November 2024. Once its draft charter is completed and added to the next ballot to be voted on, the HRCC is disbanded. The HRCC must present the draft charter the Town Board no later than May 5, 2024.

Members of the HRCC successfully submitted a petitioned to be included in the November 2023 election by Aug. 21 of the same year. Every one of the 11 candidates were put on the ballot, and of the 11 candidates, nine were elected by residents to sit on the HRCC. You can find these nine people here.

The HRCC will meet on the first and third Thursdays of every month from 6 to 8 p.m., and it is anticipated that each HRCC member will contribute 5 to 10 hours of work per week. Please find information regarding the meetings in the "events" tab on the sidebar of this page.

Is the Charter voted in "all or nothing" or piecemeal?

The Charter as drafted will be voted on as an "all or nothing" governing document.

When it is placed on the ballot, the document will either be accepted as a whole, or denied as a whole. There will not be an option to keep certain parts and not others.

And the document will give future direction. So for example, if the Commission decides to change the size of the current Board of Trustees, that would not happen immediately after the Charter was approved. Instead, a new election would need to be planned and administered by the Town Clerk following that new Charter's approval.

How much will the process of becoming a Home Rule municipality cost the Town?

While the exact cost will vary, the estimated cost based on other jurisdictions’ experiences is:

Attorney fees - $15,000 to $20,000
Coordination with Boulder County for two elections - $20,000
- Note: The Town’s Home Rule calendar calls for two Home Rule elections that will occur in November 2023 and November 2024. As such, they will be included in Boulder County’s general election process. This means this is a regular expense the Town would pay regardless of whether we have this or any items on each ballot.
Publication of draft charter - $2,500