HomeMy WebLinkAbout760678.tiff MINUTES
• WELD COUNTY COUNCIL
APRIL 21, 1976
The Weld County Council met in regular session in full conformity
with the Weld County Home Rule Charter at 401 N. 15th Avenue,
Greeley, Colorado, on Wednesday, April 21 at the hour of 2 o'clock.
•
ROLL CALL: The meeting began with an invocation by John T. Martin, President,
and on roll call the following members were present:
President, John T. :artin
Vice President. Nancy Clark
Councilman Floyd Oliver
Councilman Lacy Wilkinson
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Councilman Bob E. White
Also present: Bonnie Hickman, Secretary and four members of the press.
MINUTES: The minutes of April 7 were discussed. Bob White made a correction
on Page 2, number 2, under the Finance Committee Report. The last
sentence should he omitted. Nancy Clark made a motion that the
Council accept the minutes as corrected with Bob White seconding.
Carried unanimously.
Discussion then followed on the secretarial procedures in correcting
the minutes. It was decided that all corrections should appear on
the final copy before being sent to the Commissioners.
REPORTS,
FILING OF NEWSPAPER ARTICLES: Nancy Clark requested that the secretary briefly
report on the procedure for filing of newspaper clippings. The
secretary stated that a file has been set up of clippings regarding
Council activities and current interests of the Council. It was
suggested by Nancy Clark that the secretary file the clippings
under the five main committee areas and make this material available
to the Councilmembers. It was decided that at the beginning of each
Council meeting the secretary would present current information of
interest to the Council from the preceeding two weeks. The Council
Felt this was necessary in order to he aware of the concerns of the
citizens of Weld County. Nancy Clark made a motion to evaluate the
usefulness of this procedure of filing newspaper clippings sometime
in the s” mer. Floyd nlivn" seconded. Motion carried.
EVALUATION OF COM'MISSIONEPS' WORK SESSInN OF APRIL 16TH: The president suggested
evaluating the time spent with the Commissioners in the work session
in which the Council presented the purchasing report suggesting
improvements as to purchasing procedures of Weld County. Council
members agreed they should continue to pursue this matter further.
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760678
Minutes of County Cot.. .il Page 2
April 21, 1976
Lacy Wilkinson presented some facts regarding how the County could
have saved money in the purchasing of stationery (envelopes, etc. )
by buying from state purchasing lists rather than from other sources.
The state prices were almost half of what the County paid to other
sources.
Lacy Wilkinson also inquired about the buying of road paint by the
County in which the purchase price was $2500 more than if bought
through The state. The excuse given the Council was that the
previous state purchase of highway paint was inferior and that the
savings they were making were lost in an inferior product.
Nancy Clark said the Council 's main concern would be to impress upon
the Commissioners the savings that could be made by looking to state
purchasing as one other means. It is an avenue that could be used
and should be used when possible, although this is not an answer to
everything.
Tt was felt that the Commissioners defended the examples presented
in the report but ignored the main concepts. Nancy Clark would like
to go back to the original report and get more information for the
concepts that were ignored. She also suggested taking the informa-
tion that was previously gathered and determine some plans and
alternatives and come up with a revision for the way in which
purchasing could he better handled in Weld County. Then perhaps
a resolution could be drawn up for the November election where the
Council could recommend an adoption to the Charter regarding
purchasing procedures. Bob White said the Council also needs to
come up with more examples to the main concepts.
It was again suggested that the Council find out how other counties
are solving their purchasing procedures.
Lacy Wilkinson suggested an audit be done on the lease purchasing.
The question came up as to who actually has the authority of
purchasing - the Commissioners or the Purchasing Agent? Bob White
read from the Charter the responsibilities of the purchasing agent.
His duties "shall include the purchase, storage and distribution
of supplies, materials, property, equipment and inventory. " John
Martin said that the Commissioners could believe that the purchasing
authority did belong to them, and that the Charter must be studied
more in regard to this matter. Bob White said that the big issue
was bidding being too restrictive to the extent that it eliminated
too many bidders.
The Councilmembers discussed the possibility of visiting County
road equipment shops to get some first hand information. The members
decided to tour these shops May 11th in the afternoon. They are -
Greeley, Ault - District 1, Johnstown - District 2, and LaSalle -
District 3.
Minutes of County Cou,...il Page 3
• April 21, 1976
Nancy Clark suggested that. the Councilmembers attend the Commissioners'
meeting with the Towns to be held in May. The northern towns will
meet May 7th at the Elk's Club in Greeley and the southern towns will
meet. May 14th at the Del Camino. Both will be at 6 o'clock.
Nancy Clark drew up a list of concerns that the Council will study.
They are as follows :
1- County bidding and preference to Weld County bidders.
(Studied by John Martin) •
• 2- Lease-purchasing and road and bridge equipment. (Bob White)
3- The uses of equipment in unifying road districts. (Floyd Oliver)
4- The role of the purchasing agent; alternatives, state
purchasing, and others. (Lacy Wilkinson)
5- Present purchasing and bidding policies - the recently
adopted resolution and the purchasing article of the Home
Rule Charter. (Nancy Clark)
Bob White made a motion to accept these as stated. Nancy Clark
seconded and carried unanimously. Bob White stated that a preliminary
report be prepared for the next meeting of May 5th. The individual
reports should be submitted for typing and will be mailed to the
members prior to the next meeting.
ENGINEERING: Nancy Clark indicated a desire to have the Assessor come to our
meeting. Bob White suggested going to his office instead. It was
decided that the Council will go to the Assessor's. office May 11th
at 10:00 A.M.
SHERIFF: Floyd Oliver stated his concern regarding the serving of subpoenas
and summons. He thought it was the duty of the Sheriff's Office to
serve subpoenas and summons, but due to poor service most attorneys
are hiring other people to serve them.
Bob White suggested the Council also needs to visit the Sheriff and
the Clerk 8 Recorder's Offices. This will he decided at the next
meeting.
CLERK A REORDER: It was reported that Mr. Telep ruled that the Clerk must
abide by the bidding procedures spelled out in the Charter.
CORRESPONDENCE FROM DISTRICT ATTORNEY: A letter was read from Bob Miller, D.A.,
regarding legal opinion requested on the issue of the Council's
authority in setting the salary of the District Attorney. Mr.
Miller pointed out that the Council has the authority to set the
salaries of all elected officials - of which the District Attorney
is not one. Mr. .'.tiller concluded his letter stating, "that the
district attorneys are not county officials and therefore, are not
subiect to the powers of the Weld County Council in setting salaries.
As a matter of fact, the Weld County Charter in no way can affect
Minutes of County Cotiu-cii Page 4
April 21, 1976
the powers, duties, and functions of the office of the district
attorney because it is not a county office."
SALARY SETTING: John Martin reported that the District Attorney indicated
he thought that the Council could legally set the Commissioners'
salaries (those to be newly elected this year) at $15,000 for
the first two years of their term and then $17,500 for the last
two years of their term. No official correspondence has yet been
received.
OLD BUSINESS: Bob White made a remark that last meeting he discussed where
the money comes from for the costs of the county. He stated that
the county spends alot of money now that doesn't come from ad volorem
taxes but it still comes from taxation.
Floyd Oliver made a remark that the Council now has the direct
authority on the budget and that the Council can approve an increase
in the budget. Bob White reported talking with Senator Brown who
said that the bill would give the Council a shared responsibility
but that they couldn't take all the right away from the division
of local government.
There being no further business, the meeting was adjourned by the president,
John T. Martin.
Respectfully submitted,
i ' '%4s_ !�+ 'c 4,9e2 APPROVED .c7740�I2J %. l
Bonnie Hickman
Council Secretary
ROBERT N. MILLER •'ezei _ Deputies
District AttorneyTx7r WILLIAM G. ARRIES
STANLEY C. PEEK
�°>'�'tiis� MICHAEL A. VARALLO
!.'w. ` '.tr�' WILLIAM PHARO
WILLIAM L CROSIER s,44.s s JOHN McGOWN
Asset Astrid Attorney MICHAEL LAZAR
a' ��Q� 'a tt;{ Ls lnoestiyetor..
ROBERT STAGGS
OFFICE OF THE DISTRICT ATTORNEY JAMES BARTLETT
Nineteenth Judicial District
P.O. Box 1167 Telephone(303) 353-2212 juvenile Investigator
Greeley, Colorado 80631 BETH GAY
April 22 , 1976
Mr. John T. Martin, President
Weld County Council
401 N. 15th Ave.
Greeley, Co. 80631
Dear John:
The following is the legal opinion you requested by your letter
of April 19 , 1976 , and is further amplified by our phone conversation
of April 21 , 1976.
I am assuming that in your letter when you mention the $15,000. 00
for the two new commissioners , it means those commissioners that are
running in 1976 to take office in January of 1977 , which would in
effect make all commissioners being paid at $15,000. 00 and further
I am assuming that the $17 , 500. 00 salary that would go into effect
in 1979 , would be paid to all five (5) commissioners at that time.
My opinion amends the opinion dated January 20 , 1976 , which I
rendered to Mr. Bob White, of the County Council in the same
area.
Article 14 , Section 15 , of the Colorado Constitution, prohibits
increasing or decreasing any county officers salary during his
term of office. However , that Constitutional amendment is superceded
by the Home Rule Constitutional amendment, Article 14 , Section 16 ,
of the Colorado Constitution, and so does not apply to Weld County
as a Home Rule County.
The Home Rule charter in dealing with county commissioners , states
at Section 3-9 (2) that no members compensation shall be increased
or decreased during his term of office,except as permitted by law.
Furthermore, the Home Rule charter at Section 6-6 (2) states that
no elective officers compensation shall be increased or decreased
during his term of office, except as permitted by law.
Finally, the Home Rule Charter at Section 13-8 (1) states that the
Council shall set the salaries of all elected officials. In the
case of the Board of County Commissioners , the effective date of
• Page 2 "
Mr. John T. Mart .i
any change in salary may be delayed so as to provide for equal
compensation for all commissioners at all times .
Finally, C.R. S. 30-11-513 states as follows --- .
No elected official shall receive any increase or decrease
in compensation under any resolution passed during the term
for which he was elected.
This section of the statute deals specifically with Home Rule
counties and accordingly with the Weld County situation.
Upon close reading of these statutes coupled with the' Constitution
and the Home Rule Charter , it is my opinion that increases and
decreases during the term of office are allowed so long as it is
done prior to the assumption of the office by the public official.
Therefore, if the County Council would at this time pass a resolution
setting salaries up through 1979 , that would be permitted by law
and it would not be an increase or decrease for the commissioners
passed by a resolution during their term and accordingly would be
legal under the Constitution, Home Rule Charter , and Colorado
Statutes .
Sincerely yours
obert N. Miller
District Attorney
RNM:ns
CONSTITUTIONAL AND STATUTORY PROVISIONS CONCERNING PAY RAISES
OF ELECTED OFFICIALS DURING THEIR TERM OF OFFICE
District Attorneys Art. 6 , 13 says D.A. 's shall receive
such salaries ---- as provided
by law.
Judges Art. 6 , 18 Judges can receive pay increases
during their term (Same Art. 6)
State Officers Art. 4 , 19 The officers named in Sec. 1 of this
Article (gov. Sec. of State,
Treasurer,and Att. Gen.) shall
receive for their services a
salary to be established by law,
which shall not be increased or
diminished during their official
term.
Legislators Art. 5, 9 No member of either house shall,
during the term for which he may
have been elected , receive any
increase of salary or mileage,
under any law passed during such
term.
County Officers Art 14 , 15 The compensation of any county
officer shall be increased or
decreased only when the compensatio
of all county officers within the
same county, or when the compensati'
for the same county officers within
the several counties of the State
is increased or decreased.
county officers shall not
thereafter have their compensation
increased or decreased during the
terms of office to which they have
been elected or appointed.
There is no statutory prohibition for raising or lowering D.A. ' s
pay during his term of office, C.R. S. 20-1-101 et. seq. '
The only statute specifically dealing with officers pay raises is
C.R. S. 30-11-513 which specifically concerns itself with elected
county officials in home rule counties . It states " . No
elected official shall receive any increase or decrease in
compensation under any resolution passed during the term for
which he was elected. "
This seems to say that any raises passed by resolution prior to
assuming office could be paid to the officer during his term i.e.
in 1976 , raises passed for new officers in 1977 and 1979 would
be allowable.
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