HomeMy WebLinkAbout20112923 RESOLUTION
RE: APPROVE REVISIONS TO BYLAWS FOR WELD COUNTY COMMUNITY
CORRECTIONS BOARD AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been
presented with proposed revisions to the bylaws of the Weld County Community Corrections Board,
and
WHEREAS, after review, the Board deems it advisable to approve said revised bylaws, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the revised bylaws for the Weld County Community Corrections Board be,
and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said bylaws.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: La,iw�/
arbara Kirkmeyer, hair
Weld CountyClerk to the B At/t7;\
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1 1861 C. � � P ‘ �..
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.. " an P.ray, Pro-Tem BY: l/ 417Deputy C i k to the Boar• Un n
J°i. � '
yy Will' m F. Garcia
APPROVED AS TOf RM: < l c))
r ?� ___. David E. Lo d
A.:aunts/Attorney } F-, �� �\ X&.1 a/,_&!
Douglas Radem cher
Date of signature: II -17- II
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2011-2923
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Justice Services Division
1861 - 2011 1008 9`h Street - P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
WI E L�' OI NTY
Y
1I
Memorandum
To: Board of County Commissioners
From: Doug Erler, Director
Re: Consider Additional Revisions to Community Corrections Board Bylaws and
Authorize Chair to sign
Date: November 2, 2011
County Attorney, Bruce Barker and I made certain updates and revisions to the bylaws for the
Community Corrections Board. The Corrections Board has since reviewed and approved them;
they now come before you for your review and approval.
Most of the revisions are simply "clean up" in language. The most notable change is clarifying
the composition and terms of service of these Board members.
Thank you.
2011-2923
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
ARTICLE I
NAME
Section 1 The name of the entity shall be the Weld County Community Corrections
Board, hereinafter referred to as the Board."
Section 2 The principal office of the program shall be located in the County of
Weld, State of Colorado, at such place as the Weld County Board of
County Commissioners, hereinafter referred to as "the Commissioners,"
my determine from time to time.
ARTICLE II
AUTHORITY
Section 1 The ultimate authority for the operation of community correctional
facilities and community corrections programs lies with the Weld County
Board of County Commissioners.
Section 2 The Commissioners have established, under Title 17, Article 27 of the
1973 Colorado Revised Statutes. (Sec. 17-27-101 et Seq., C.R.S. 1973, as
amended, and Weld County Resolutions dated July 20, 1981, and
November 30, 1981, the Board and delegated to it such powers as are
necessary to accomplish the purposes of community corrections as
established by the above mentioned statute.
Section 3 The Board will operate under the procedures set forth by 17-27-103, et
seq., C.R.S. 1973, as amended, which states that, "The governing Board of
any unit of local government may establish a corrections board...the
governing board may delegate to such corrections board any powers
necessary to accomplish the purposes of the article."
Section 4 The Commissioners shall reserve the right to veto any action taken by the
Board.
Section 5 The Board will deliver to the Commissioners agendas/minutes of all
scheduled or unscheduled meetings, as needed.
Section 6 The Board shall not have the power to over-ride a veto of the
Commissioners.
Page 1 of 9
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
ARTICLE III
PURPOSE
Section 1 As authorized under Title 17, Article 27 of the 1973 Colorado Revised
Statutes. (Sec. 17-27-101 et seq., C.R.S. 1973, as amended, and Weld
County Resolutions dated July 20, 1981, and November 30, 1981, the
Board's purposes are to:
1. Operate as a functional board responsible for establishing and
enforcing standards for the operation of any community correctional
facilities and community correctional programs in Weld County. A
community corrections facility or program shall consist of, but not be
limited to, a community-based or community-oriented program that
provides supervision of offenders, pursuant to CRS 17-27-101. Such
facility or program may provide, in part, residential or non-residential
services for offenders.
2. Establish and enforce standards for the conduct of offenders placed in
the community correctional facilities and community correctional
programs in Weld County.
3. Establish procedures for screening for offenders who will be placed in
any community correctional facility or community correctional
program in Weld County
4. Operate under the procedures set forth in Title 17, Article 27 of the
1973 Colorado Revised Statutes and any amendments or revisions
thereto.
5. Require implementations by the community correctional facilities and
community correctional programs in Weld County of the rules,
regulations and standards set forth by the Division of Criminal Justice
of the Colorado Department of Public Safety.
6. Request that the Board of County Commissioners ("Commissioners")
execute Master Contracts and various sub-contracts with the Division
of Criminal Justice of the Colorado Department of Public Safety, and
any service and program providers concerning the operation of any
community correctional facilities and community correctional
programs in Weld County.
7. Ensure, pursuant to the Master Contract, the disbursement of funds,
which have been appropriated to or received by and through the Board,
subject of the veto power of the Commissioners.
Page 2 of 9
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
8. Provide coordination among local judiciary and other criminal justice
agencies, community service entities, labor, education, municipal and
other appropriate agencies in establishing and furthering the objectives
of community corrections.
9. Serve as a central planning entity for ideas and formulation of policy
and procedure concerning the delivery of community correctional
services in Weld County.
ARTICLE IV
DELEGATED POWERS
Section 1 The Commissioners delegate to the Board the authority to oversee the
efficient and effective operation of the community correctional facilities
and community correctional programs in Weld County.
Section 2 All privileges, immunities, defenses, or other protections from liability,
which pertain as to Weld County boards, departments, divisions, officers,
employees, and agents, shall pertain as to this Board both as a full Board
and as individual members.
Section 3 All funds received pursuant to the contract between Weld County and the
Division of Criminal Justice ("Contract Funds") and distribution thereof to
sub-contracted vendors, will be subject to monthly review by the Board, or
as needed.
Section 4 Any revisions to how Contract Funds are received and/or dispersed shall
be reviewed by the Board.
Section 5 The annual budget for the intended dispersal of Contract Funds shall be
reviewed by the Board as close as possible to the first day of the State
Fiscal Year. Adjustments may be done from time to time and in
conformity with the Master Contract between Weld County and the
Division of Criminal Justice.
ARTICLE V
FISCAL YEAR
Section 1 The fiscal year of the Board shall be the twelve (12) months beginning the
first day of July and ending the last day of June.
Page 3 of 9
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
ARTICLE VI
BOARD MEMBERS
Section 1 Composition — The Board shall be composed of nine (9) members. Such
appointments shall be made by Resolution of the Commissioners. The
exact number may be changed from time to time with acceptance by the
Commissioners.
The following persons are appointed to serve personally or through their
properly designated representatives.
1. The Chief Judge for the Nineteenth Judicial District of the State of
Colorado or designee.
2. The District Attorney for the Nineteenth Judicial District of the State
of Colorado or designee.
3. The Chief Probation Officer for the Nineteenth Judicial District of the
State of Colorado or designee.
4. A licensed attorney with legal residence in Weld County who is not a
member of the District Attorney's Office for the Nineteenth Judicial
District and who primarily practices criminal law.
5. A Chief of a municipal police department within the territorial
boundaries of Weld County.
6. The Weld County Sheriff or designee.
7. In addition, the Commissioners shall appoint three (3) citizen
members.
Section 2 Appointed Representatives — A roll call will be taken at each meeting to
establish voting members present.
Section 3 Term — Board members may be removed with or without good cause
shown by action of the Commissioners. The Chief Judge, District
Attorney, Chief Probation Officer, Weld County Sheriff and/or their
designees, and (criminal) Defense Attorney shall serve at the pleasure of
those positions. The selected Chief of a municipal law enforcement
agency shall serve at the pleasure of the Commissioners or until that
person is no longer the Chief of that agency. The three (3) citizen
members shall serve a three (3) year term and will be eligible for
reappointment for additional terms.
Page 4 of 9
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
Section 4 Meeting— The Board shall meet at the time and place as shall be called by
the Chair or any five (5) members by five (5) days written notice unless all
members shall waive such notice. All meetings will be conducted pursuant
to the Colorado Open Records Meetings Law, (Section 24-6-401, et. Seq.
C.R.S.) Notices shall state the time and place of the meeting. Four (4)
members of the Board shall constitute a quorum for general business and
five (5) members shall constitute a quorum for policy issues. Any vote by
a majority of a quorum shall be the act of all the Board. If a meeting of the
Board has been convened with a quorum in attendance, a quorum shall be
deemed to exist until the conclusion of such meeting. In the absence of a
quorum, a majority of the members present may adjourn the meeting from
time to time until a quorum is present.
The Board will meet at least once each month.
Section 5 Action Without Meeting — The Board may act without a meeting if a
majority of the members approve such action and said action be duly
ratified by members present at the next meeting of the Board.
Section 6 Conduct of Meetings
1. Meetings of the Board shall be conducted according to traditional
Parliamentary procedures; the Chair will rule disputes.
2. Agendas for regular meetings will be prepared and distributed to the
Board prior to each meeting whenever possible.
3. Minutes will be distributed prior to the next regular meeting whenever
possible.
Section 7 Compensation of Board Members — No Board member and no person
from whom the program may receive any property or funds, shall receive,
or be lawfully entitled to receive, any pecuniary profit from the operations
of the program. In no event and under no circumstances shall any part of
the assets, whether principal, income or accumulations be paid as salary or
compensation to, or be distributed to, or inure to the benefit of, any of the
members or their successors. Or any person or his or her heirs or personal
representatives who shall contribute any money or other property to the
program; provided. However, that any member may from time to time, be
reimbursed for his/her actual or reasonable expenses incurred in
connection with the administration of the affairs of the program.
Section 8 Any member who has three (3) unexcused absences from regular meetings
during a fiscal year may be requested to provide justification to the Board.
Page 5 of 9
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
ARTICLE VII
OFFICERS
Section 1 Officers of the Board shall consist of Chair, Vice-Chair and Treasurer.
Section 2 Officers shall serve for two (2) years, though eligible to run for additional
terms.
Section 3 Selection of Officers shall be made by the Board at the first regular
meeting prior to October 1 of each odd numbered year by a vote of the
total membership. Such vote may be by proxy or transmitted electronically
prior to the meeting. Officers shall serve until the new Officers are duly
elected.
Section 4 Officer vacancies due to termination or resignation shall be filled by a
majority vote of the remaining Board members; the newly elected Officer
shall only serve in that office the remainder of the term but shall then be
eligible to run for a full term.
ARTICLE VIII
DUTIES
Section 1 Establish procedures for reviewing the placement of offenders with
designated community correctionsal facilities or programs as approved by
the Commissioners.
Section 2 Recommend, review and implement guidelines to the Court of the 19`h
Judicial District, or other jurisdictions, as applicable, for placement of
offenders termed "diversion" to designated community correctionsal
facilities or programs in Weld County in lieu of placement or sentence to
the Colorado Department of Corrections.
Section 3 Recommend, review and implement guidelines to the Colorado
Department of Corrections for placement of offenders termed "transition,"
"parolee," or any other specialized offender population, to designated
facilities or programs in Weld County.
Section 4 Exercise its authority to accept, reject or reject after acceptance the
placement of any offender in a community correctional facility or
community correctional program pursuant to any contracts or agreements
with the Colorado Department of Public Safety, Colorado Department of
Corrections or any Colorado Judicial District.
Page 6 of 9
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
Section 5 Provide for the ongoing and efficient administration of community
correctional services in Weld County to include but not limited to: data
collection, formulation of reports, day-to-day record keeping and regular
communication for matters involving Weld County and/or the State of
Colorado.
Section 5 Duties of the Officers shall be as follows:
1. The Chair shall preside at all meetings of the Board. The Chair shall
appoint chairs of all committees and shall serve as an ex-officio
member of all committees.
The Chair shall perform other duties designated by the Board.
The Chair shall serve as the official spokesperson for the Board.
2. The Vice-Chair shall perform such duties as the Chair and/or the
Board may designate. In the absence of the Chair, the Vice-Chair
shall perform his/her duties.
3. The Treasurer shall be responsible for aiding as needed in the
preparation of the budget of Contract Funds and reporting on
expenditures from that budget on a regular basis.
Section 6 Administrative Staff— At the discretion of the Commissioners, staff may
be assigned to the Board to administer and implement Board functions and
policies. Such staff shall be Weld County employees in all respects. Final
decisions regarding employment, evaluation, dismissal, wage assignment,
salary and other significant actions of the Department Head or designee as
designated by the Commissioners, of such staff shall remain the
prerogative of the Commissioners. Otherwise, as to its Board functions the
Board shall oversee and monitor the County's designated Department
Head or designee who shall supervise the other staff members. Nothing
herein shall be construed to prevent the Commissioners from assigning
other functions to the designated Department Head or designee and his/her
staff and providing separate supervision thereof. County administrative
personnel assigned to the Board shall be contingent upon adequate funding
from contracts with the State of Colorado executed pursuant to Title 17
Article 27 of the Colorado Revised Statutes, as amended. Duties of such
personnel shall be but not limited to:
1. Maintain the minutes of all meetings.
2. Assist in functions of the Board.
3. Assist the Officers as needed.
Page 7 of 9
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
ARTICLE IX
COMMITTEE
Section 1 The Board's Chair may appoint ad hoc committees as deemed necessary
to deal with various matters of Board interest and concern.
ARTICLE X
AMENDMENTS
Section 1 These Bylaws may be amended at any scheduled meeting of the Board by
a majority vote of the Board members, and subject to approval by the
Commissioners.
Section 2 At least ten (10) days notice in writing shall be given to the voting
members of any proposed amendments to these Bylaws. The written
notice shall also include the proposed amendments.
Section 3 Amendments to these Bylaws shall take effect when they have been
approved and approval is acknowledged by the signatures of the Board
Chair, and the Chair of the Commissioners.
ARTICLE X
APPROVAL OF THE BYLAWS
Section 1 These Bylaws will be in effect upon approval by a majority vote of the
Board members and the Commissioners with such approval acknowledged
by the dated signatures of the Board Chair and the Chair of the
Commissioners.
ARTICLE XI
RELATIONSHIP WITH THE NINETEENTH JUDICIAL DISTRICT
Section 1 These Bylaws in no way alter the ability of the Chief Judge of the Judicial
District to contract with the Commissioners and/or Board as to the specific
operation of the community correctional facilities or community
correctional programs consistent with existing state law.
Page 8 of 9
WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS
ADOPTED BY THE WELD COUNTY COMMUNITY CORRECTIONS BOARD ON
THE 25T11 DAY OF OCTOBER 2011.
WELD COUNTY COMMUNITY
CORRECTIONS BOARD
By:
Kevin Strobel, Chair
APPROVED BY THE BOARD OF COVN TY COMMISSIONERS OF WELD
COUNTY ON THE "7A DAY OF/1/O1) , 2011.
ATTEST: " y.14„_--..„
CLERK TO THE BOARD ire NN
�: j /1`% BOARD OF COUNTY
N \ COMMISSIONERS OF WELD
A COUNTY
I%61 Os1/42�I
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,O71 4r
DEPUTY LERK TO THE B 4 Barbara Kirkme r, Chair
rOV 0 i 2011
APPROVED AS TO FOFwI:
Co ty Attorney
Page 9 of 9
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