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Council pauses charter amendment to allow digital publication of notices after staff finds state statute limits relief

August 27, 2025 | Fountain City, El Paso County, Colorado


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Council pauses charter amendment to allow digital publication of notices after staff finds state statute limits relief
During the Aug. 26 meeting the council took up a proposed charter amendment that would allow official city publications to be distributed digitally or in print. City staff advised the amendment would not change state publication requirements for certain legal notices.
City attorney Miss Carnille told council that even if the charter language changed, “state statute still requires specific legal notices would... not fulfill the publication requirements required at the state level,” and that the change would not yield cost savings. The city later discussed whether home rule authority could allow a different approach, but staff reported case law is sparse and there is no definitive guidance addressing a conflict between home rule municipalities and state publication statutes.
Council chose not to advance the ordinance; no savings or legal clarity were demonstrated at second reading. Councilmember comments indicated interest in pursuing the issue further through the Colorado Municipal League or future legislative action to clarify whether home rule cities can change publication methods for official notices.

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