HomeMy WebLinkAbout780509.tiff RECORD OF PROCEEDINGS 100 Leaves
ECBM o C.E.XUECKEL B,H.B L.L1
MINUTES
WELD COUNTY HOME RULE CHARTER
AMENDMENT STUDY COMMITTEE
January 18, 1978
The Weld County Home Rule Charter Amendment Study Committee met in regular session
in the Third Floor Meeting Room of the Weld County Centennial Center,
Greeley, Colorado, on Wednesday, January 18, 1978, at the hour of 7:00 p.m.
ROLL CALL: The meeting was called to order by Chairman Gordon Lacy. On roll
call, the following members were present, constituting a quorum of members thereof:
Gordon Lacy, Chairman Dick Boettcher
Verdie Peddycord Blair Macy
Wayne L. Brown Helen Norton
Barbara Sloan
Absent: William Butler and John Kunzman
ALSO PRESENT: County Attorney, Thomas 0. David, one member of the League of
Women Voters, members of the Press, secretary Cathy Carter and invited guests,
Sheriff Don Bower and Weld County Treasurer Mike Loustalet. Although invitations
to this meeting were sent to all elected officials, County Assessor Herb Hansen,
County Clerk and Recorder Mary Ann Feuerstein and County Coroner Ross Adamson
were unable to attend. The written comments of Mary Ann Feuerstein were sub-
mitted to the Committee as more fully set forth below, and no specific comments
were brought to the attention of the Committee from either Herb Hansen or Ross
Adamson.
MINUTES APPROVED: A motion was made and seconded to approve the minutes of the
November 16, 1977 meeting. There being no additions or corrections to said
minutes, the motion passed.
Gordon Lacy introduced the invited guests who were able to attend, Sheriff Don
Bower and Treasurer Mike Loustalet. Gordon Lacy asked Sheriff Bower for any input
he might have regarding changes in the Home Rule Charter which he would like to see
initiated.
ARTICLE XIII, COUNTY COUNCIL, Section 13-8, Powers and Duties: Sheriff Bower
noted his concern relating to the County Council setting the salaries of the
elected officials. He urged that consideration be given to .the possibility of
salaries being set by State Legislature. Mike Loustalet also noted that he
disagrees with the Charter provision which allows the County Council to set
elected officials ' salaries. Mary Ann Feuerstein, Weld County Clerk and
Recorder, also set forth her concern with this portion of the Charter in a
letter directed to the Charter Study Committee, said letter being attached
hereto and incorporated herein by reference. Sheriff Don Bower and Treasurer
Mike Loustalet both said salaries of Weld County elected officials are set at
$15,000 annually, while officials in similar-sized counties in other parts of
the State make $25,000 yearly, a figure set by the State Legislature. Both
Mike Loustalet and Sheriff Bower noted other problems have arisen because the
Council has not yet set salaries for elected officials after this year's
election. This means potential candidates for elected posts do not know the
salary they might make.
While members of the Charter Committee agreed Weld County salaries are too
low for elected officials, they indicated they do not want to turn the power
back to the State of Colorado. It was suggested by Barbara Sloan that salary-
setting power should remain with the Council , but that the Charter should include
a minimum salary figure, probably based on the pay schedule approved by the
legislature for other salaries. She also suggested a Charter provision which
would require the Council to take salary action by January 1 of an election
year so potential candidates would know their salaries prior to announcing
candidacy. •
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January 18, 1978
It was moved and seconded, with all members of the Committee except Wayne Brown
voting in favor of the Charter Committee sending a letter to the County Council ,
informing them of the Committee's decision to propose an amendment to Article
XIII, Section 13 - 8, Powers and Duties, with the recommendation that Council
set the salaries of all elected officials by January 1 of each election year.
The Home Rule Charter Study Amendment Committee would encourage the County
Council in this letter to consider the elected officials salaries as soon as
possible. (A copy of said letter being attached hereto. )
Wayne Brown expressed his reasoning for voting against the above motion-that being that
it was not the Charter Study Committee's place to write such a letter, eventhough
he agreed that the County Council should do something about salaries.
Gordon Lacy asked the question of the elected officials present regarding the
possibility of an employee of a department who wants to run for elected official 's
position in that department. Both Sheriff Bower and Mike Loustalet felt the way
the Charter reads in Article IV, Section 4-2(B)(2) (f) is appropriate and they
see no problems. Certain members of the Charter Committee disagreed and this
area is still considered for change or i provement.
There was a question raised by Wayne Brown as a point of clarification about the
hours of the Treasurer's Office. Mike Loustalet noted that initially the Board
of County Commissioners was not given the power to set elected official 's hours.
The Board was later given that power by statute. When statute was passed,
the controversy ended.
ARTICLE XIV, Finance and Budget, Section 14-9(5) Bidding -- Procedures. Gordon
Lacy pointed out that in Mary Ann Feurestein's letter to the Committee, she
feels this section is especially troublesome for the Elections Department.
(Refer to the attached letter from Mary Ann Feuerstein. ) Mike Loustalet referred
to an incident which occurred in the last election. He stated that the way the
Charter reads is practically unworkable. He suggested that the Charter Committee
talk to Mary Ann in detail about this problem. As a possible solution, Charter
members suggested the recommendation of an emergency bidding procedure for
problems such as election ballots and such as the 1976 Big Thompson Canyon flood
and any other unforeseen circumstances.
Gordon Lacy asked for more input from the elected officials present. Mike Loustalet
mentioned ARTICLE VII, County Assessor, Section 7-3, Chief Deputy and ARTICLE XI ,
County Treasurer, Section 11-3, Chief Deputy. The minimum of five years experience
is very restrictive due to salaries being low. He felt this should be taken out
completely.
Sheriff Bower noted that in regard once again to salaries, he has problems with
the salaries paid to employees in his department. He noted that eight persons
in his department make more than he does. The Committee agreed with the Sheriff.
After thanking the Sheriff and the Treasurer for attending, they left the meeting.
More discussion took place regarding the comments of the elected officials. It
was decided to see what the County Council does regarding the setting of salaries
and form a final opinion on this section thereafter. Gordon added that this
could be tied into what the State sets salaries at so that they are at least
comparable. Tom David added that the wording of the salary section could be
changed to include that salaries not be lower than the minimum set by statute.
Questions were asked of Tom David regarding how many amendments can be put on the
ballot in November. ARTICLE XV, Elections, Section 15 - 4(e) Initiative and
Referendum. Tom David was asked to prepare a written legal opinion before
February's meeting regarding the mechanics of the Charter relating to the amend-
ments on the ballot.
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January 18, 1978
Gordon Lacy requested the secretaries to prepare a breakdown of all the major and
minor sections of the Charter which have been previously discussed ever since
the Charter Committee has been meeting. Said breakdown is attached. It is
hopeful that at the completion of the February meeting, the Charter members will
be in a position to make recommendations to the Board of County Commissioners.
Wayne Brown urged all members of the Committee to have firm commitments and
be prepared at February's meeting.
Dick Boettcher made some comments regarding ARTICLE XVI, General Provisions, Section
16-8 (2). He feels there should be no restrictions regarding terms. He cited the
General Hospital as an example. Dick's feeling is that once a well-qualified member
of a board has shown tremendous capabilities, that member becomes a real asset to
the board. It is a shame, he said, to force the individual to stop serving after
two consecutive terms. Wayne Brown disagreed, stating new blood is always needed.
It was decided that no meeting would be opened to the public as previously dis-
cussed. The League of Women Voters intend to submit input at a later date.
There being no further business to discuss, Gordon Lacy adjourned the meeting with
a reminder that February's meeting will be on the 15th at 7:00 p.m. in the Third
Floor Conference Room of the Centennial Center.
APPROVED:
WELD COUNTY HOME RULE CHARTER
AMENDME T S CO ITTEE
Vice-Chairman
Also attached is a response from the County Council to the letter written to them
on January 20, 1978.
cc
Encs. 5
No 3
HOME RULE CHARTER AMENDMENT STUDY COMMITTEE
Listed below are the areas of the Weld County Home Rule Charter discussed
at the meetings during the past year. Under each section is a space for
your comments and on the right hand side of the page is a plare for you
to mark the priority you set on the various sections. Please list your
priorities from 1-19.
1. Article III, Board of County Commissioners, Section 3-4, TERMS OF
OFFICE. (This was discussed in other sections with appointments to
boards and commissions)
TWo consecutive tents limitation.
2. Article III, Board of County Commissioners, Section 3-8, POWERS AND
DUTIES, (4) (b)
Enacting legislation by the Ordinance Procedure.
3. Article III, Board of County Commissioners, Section 3-8, POWERS AND
DUTIES, (4) (n) Board of Appeals.
Clarification.
4. Article III, Board of County Commissioners, Section 3-8, POWERS AND
DUTIES, (4) (r) Town Meetings. .
Rural Conferences.
Page 2
5. Article IV, Departments of County Government, Section 4-2, DEPARTMENT
OF FINANCE, CENTRAL PURCHASING & PERSONNEL (B)(2)(f)
Running for elective office.
6. Article IV, Departments of County Government, Section 4-4, DEPARTMENT
OF PLANNING SERVICES (f)
Wording is vague.
7. Article IV, Departments of County Government, Section 4-5, DEPARTMENT
OF ENGINEERING SERVICES (1) Qualifications
Rewritten to help in hiring.
8. Article IV, Departments of County Government, Section 4-6, DEPARTMENT
OF COMMUNICATIONS SERVICES
Adding the County Library under this department.
. Page 3
9. Article V, Department of Law, Section 5-2 QUALIFICATIONS
Rewritten to help in hiring.
10. Article V, Department of Law, Section 5-3, DUTIES (3)
Formal written opinions (client-attorney privilege)
11. Article V, Department of Law, Section 5-3, DUTIES (5)
Representing County Commissioners and/or County Council in dispute.
12. Article V, Department of Law, Section 5-4, SPECIAL COUNSEL
Hired through the ordinance or resolution procedure. (contract)
page 4
13. Article VI, Elective Officers, Section 6-1, ELECTIVE OFFICERS.
Should the Coroner and/or Sheriff be appointed not elected.
14. Article VI, Elective Officers, Section 6-6, COMPENSATION
Setting salaries for elected officials.
15. Article VII, County Assessor, Section 7-3, CHTF,F DEPUTY & Article
XI, County Treasurer, Section 11-3, CHIEF DEPUTY.
Qualifications.
16. Article XIII, County Council, Section 13-8, POWERS AND DUTIES
Review for changes.
Page 5
17. Article XIV, Finance and Budget, Section 14-9, BIDDING PROCEDURES
Emergency Bidding Procedures (Election Ballots, Floods, Etc. )
18. Article XIV, Finance and Budget, Section 14-7, LIMITATIONS ON ANNUAL
TAX LEVY
Review for changes
19. Article XVI, General Provisions, Section 16-9, CONFLICT OF INTEREST
Different than state statute.
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