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Home My WebLink About751009.tiff C_ r,Cl PAGE- ` � PREAMBLE v • C t ARTICLE I -- NAME, NATURE, BOUNIRIES , COUNTY SEAT 1 Section 1 Name 1 2 Nature and Legal Capacity 1 3 Boundaries 1 4 County Seat 1 ARTICLE II -- COUNTY POWERS 2 Section 1 General Powers' i 2 2 Exercise of Power 2 3 Cooperative Agreements 3 4 Service Districts 3 5 Construction 3 ARTICLE III -- BOARD OF COUNTY COMMISSIONERS 5 Section • 1 Composition 5 2 Districts 5 3 Qualifications of Members 6 4 Terms of Office 6 Oat 5 Chairman of th Board of County Commissioners• • • •6 6 Commissioner - Departments 7 7 Clerk to the Board 7 8 Powers and Duties 7 9 Compensation 11 10 Rules of Procedure 11 11 Meetings 12 12 Quorum 12 13 Majority Required 12 14 Ordinances 13 15 Vacancies 15 ARTICLE IV -- DEPARTMENTS OF COUNTY GOVERNMENT 16 Section 1 Departments Created 16 2 Department of Finance , Central Purchasing • • • . 17 and Personnel 3 Department of Health Services 21 4 Department of Planning Services 24 5 Department of Engineering Services 27 • 6 Department of Communications Services 27 ARTICLE V -- DEPARTMENT OF LAW 29 Section 1 County Attorney -- appointment 29 t2 Qualifications 29 3 Duties 29 4 Special Counsel 30 i 75_ '001 ARTICLE VI -- ELECTIVE OFFICERS 31 �+... Section �y+ 1 Elective Officers 31 2 Oath of Office 31 3 Vacancy 31 4 Term of Office 31 5 Qualifications 32 6 Compensation 32 ARTICLE VII -- COUNTY ASSESSOR 33 Section 1 Bond 33 2 Duties ,33 3 Qualifications of Chief Deputy , 33 ARTICLE VIII -- COUNTY CLERK 35 Section 1 Bond 35 2 Duties 35 ARTICLE IX -- COUNTY CORONER . -36 Section 1 Duties 36 ARTICLE X -- Sheriff 37 Section 1 Qualifications 37 2 Bond 37 3 Duties 38 4 Qualifications of Undersheriff ' / 38 5 Duties of Undersheriff 38 6 Jailer - County not furnish residence ARTICLE XI -- TREASURER 40 Section 1 Bond 40 2 Duties 40 3 Qualifications of Chief Deputy 40 4 Investment of Funds • 41 XII -- OFFICE OF COUNTY SURVEYOR ABOLISHED 42 Section 1 Office of County Surveyor Abolished 42 2 Transfer of Duties 42 3 Existing Property and Records 42 C ii ARTICLE XIII -- COUNTY COUNCIL 43 Section 1 Composition 43 2 Qualifications of Members - •43 3 Terms of Office - •43 4 Organization 44 5 Quorum -- Majority -- Action • 44 6 Compensation - 45 7 Vacancies 45 8 Powers and Duties 45 9 Nomination of Councilmen • 47 ARTICLE XIV -- FINANCE AND BUDGET 51 Section 1 Fiscal Year 51 2 Annual Budget • 51 3 Capital Improvements Program and Budget 52 4 Audits % 52 5 Funds • 53 6 Long Term Financing • 53 7 Limitation on Annual Tax Levy 53 8 Limitation of Capital Expenditures • 54 9 Bidding -- Procedure 54 ARTICLE XV -- ELECTIONS 56 Section ti! 1 General Elections 56 2 Special Elections 56 3 Recall • 56 4 Initiative and Referendum 59 ARTICLE XVI -- GENERAL PROVISIONS 63 Section 1 Continuity of Government 63 2 Eminent Domain - 63 3 Bonding of Officers - 63 4 Invalidity of Part -- Severability • 63 5 Article and Section Titles 64 6 Public Notice - - 64 7 Vacancy - 64 8 Boards -- Composition 65 9 Conflict of Interest 65 10 Definitions - 66 ARTICLE XVII -- AMENDMENTS TO CHARTER 70 • Section 1 Procedure to Amend or Repeal Charter 70 2 Conflicting Amendments 71 C iii r I C ARTICLE XVIII -- TRANSITIONAL PROVISIONS 72 Section • 1 Purpose of Article 72 2 Effective Date of Charter 72 3 Transition of Elective County Offices 72 4 Elections to Fill New Commissioner Possitions . . 73 5 Elections to Fill New County Councilman Positions 74 6 Salaries 74 7 Prior Legislation and Policies 74 8 Existing Contracts 74 9 Continuation of Employment 74 10 Appointive Boards and Commissions 75 11 Continuation of Programs 75 C C iv PREAMBLE 1 We , the people of Weld County, Colorado , in order to avail 2 ourselves of self-determination in county affairs to the fullest 3 extent permissible under the Constitution and laws of the State 4 of Colorado , and in order to provide uncomplicated , unburdensome 5 government responsive to the people , and in order to provide for 6 the most efficient and effective county government possible , do 7 hereby ordain , establish and adopt this Home Rule Charter for 8 Weld County, Colorado . 9 • C ammommimmmOmmimmWOmMMMMII ARTICLE I NAME , NATURE , BOUNDARIES , COUNTY SEAT 1 Section 1-1 -- Name . 2 The name of the county as it operates under this Charter 3 shall continue to be Weld County . 4 5 Section 1-2 -- Nature and Legal Capacity . 6 From the time that this Charter takes effect the county 7 shall continue to be : 8 (1 ) an agency of the state and 9 (2 ) a body politic and corporate . 10 11 Section 1--3 -- Boundaries . 12 The boundaries of the county as it operates under this 13 Charter shall be the boundaries now or hereafter prescribed 14 for the county by the laws of the state . 15 16 Section 1-4 -- County Seat . 17 The seat of government of the county as it operates under 18 this Charter shall continue to be in the City of Greeley; provided 19 nothing herein shall prevent the location of county buildings 20 and facilities elsewhere in the county . 21 C - 1 - © ARTICLE II COUNTY POWERS 1 Section 2-1 -- General Powers . 2 Except as this Charter provides to the contrary , Weld County 3 shall exercise and provide all mandatory and permissive county 4 powers and functions as provided by law and shall have all rights 5 and powers now or hereafter granted or allowed by the laws of the 6 United States and under the Constitution and laws of the State of 7 Colorado for exercise by counties ; in addition thereto it shall be 8 authroized without amendment to this Charter to provide all functions , 9 services , and facilities and to exercise all preogatives , functions , 10 duties , and powers that may now or hereafter be authorized by the 11 Constitution of the State of Colorado and statutes enacted pursuant 12 thereto for home rule counties , it being the intent and purpose of the 13 people in adopting this Charter to vest their county government with 14 all of the prerogatives and powers of local government that are now 15 or in the future shall be available to it . 16 17 Section 2-2 -- Exercise of Power . 18 All executive , administrative , and legislative powers , 19 functions , duties and prerogatives now or hereafter possessed by 20 Weld County shall be vested in a Board of County Commissioners 21 and in the Elective Officers provided for by this Charter . Executive 22 and administrative powers , hereby vested in the Board may, to the extent 23 provided in this Charter , be exercised by the departments herein es- 24 tablished as agents of the Board . The legislative powers of the County 25 shall be exercised only by the Board . 26 -2 - 27 1 Section 2-3 -- Cboperative Agreements . C2 The county shall have the power to enter into contracts or 3 agreements with other governmental units for joint use of 4 buildings , equipment , and facilities , and for furnishing and re- 5 ceiving commodities or services, including law enforcement ser- 6 vices . Such agreements or contracts shall be authorized only by the 7 Board of County Commissioners . 8 9 Section 2-4 -- Service Districts . 10 The county shall have the power , when authorized and per- il mitted by law, and requested by a district , to provide functions and 12 services within existing service districts . New service districts may 13 be created only after the purpose and boundaries of such district c14 have been submitted to and approved by a majority of those voting 15 electors living in and owning property in the district . The procedure 16 for designating and establishing special districts and submitting the 17 question to the voters shall be established by the Board. 18 Special districts may be created under such laws as are now in 19 effect or may hereafter be adopted . 20 The county shall have the power to charge , levy and collect such 21 taxes and other revenues as may be authorized or permitted by law or 22 this Charter within such service districts for the support of district 23 functions and services . 24 25 Section 2-5 -- Construction. 26 In this Charter no mention of a particular power or enumeration O27 of similar powers shall be construed to be exclusive or to restrict - 3- el the authority that the county would have if the particular power 2 were not mentioned or the similar powers not enumerated. The 3 Charter shall be liberally construed , to the end that , within the 4 limits imposed by the Charter and by the law of the United States 5 and of the state , the county have all powers necessary or convenient 6 for the conduct of its affairs , including all powers that counties 7 may assume under the statutes of the state and under the provisions 8 of the state Constitution concerning county home rule . 9 10 • C -4- CARTICLE III • BOARD OF COUNTY COMMISSIONERS 1 Section 3-1 -- Composition . 2 The Board of County Commissioners shall consist of five 3 members elected as follows : 4 (1) Three members , each nominated , elected and resid- 5 ing in separate geographic districts as established in section 6 3-2 of this Article . 7 (2 ) Two members , each nominated and elected from the 8 county at large . 9 10 Section 3-2 -- Districts . O1 (1) There are hereby established three geographic commissioner 12 districts numbered district 1 , 2 and 3 which shall , initially, 13 correspond to the three commissioner districts in existence on 14 the effective date of this Charter . 15 (2 ) The Board shall review the boundaries of the districts when 16 necessary , but not more often than every two years , and then revise 17 and alter the boundaries so that districts are as nearly equal in 18 population as possible . 19 (3 ) Any change in the boundaries of a county commissioner ' s 20 district which shall cause a duly elected or appointed commissioner 21 to be no longer a resident of the district which he represents shall 22 not disqualify him from holding office during the remainder of the 23 term for which he was elected or appointed . O24 25 -S - 1 Section 3-3 -- Quhlifications of Members . Commissioners from districts shall reside within their 3 geographic districts when nominated , elected or appointed and during 4 their terms of office . 5 6 Section 3-4 -- Terms of Office . 7 (1) The terms of office of County Commissioners shall commence 8 on the first working day of the year immediately following the 9 general election at which they are elected and shall be for four years , 10 with terms staggered as follows : Two commissioners , one each from 11 geographic districts numbered one and three and one commissioner 12 elected at large , shall be elected for four year terms at the 13 general election in 1976 and each four (4) years thereafter ; and C4 one Commissioner for geographic district number two and one commissioner 15 elected at large shall be elected for a four (4) year term at the general 16 election in 1978 and each four (4 ) years thereafter. 17 (2 ) The term of office of a commissioner shall continue until 18 his successor is elected and qualified . 19 (3 ) No person shall serve more than two consecutive terms as 20 County Commissioner . 21 22 Section 3-5 -- Chairman of the Board of County Commissioners . 23 (1) The Board , from among its members , shall elect annually 24 at its first meeting in January of each year , a Chairman of the Board. 25 (2 ) The Chairman shall preside over meetings of the Board . 26 (3) The Board , from among its members , shall elect annually C7 at its first meeting in January of each year , a chairman pro tem, 28 to preside over meetings in the absence of the chairman . 29 -6- O1 Section 3-6 --Commissioner - Departments . 2 ( 1) The department of Finance , Central Purchasing •and Personnel 3 shall be coordinated by the Chairman of the Board of County Commissioners . 4 (2 ) Each of the other four major departments , as established by 5 Article IV , shall be coordinated by one of the other commissioners 6 totether with assistance from another commissioner, both of whom shall be 7 appointed by the Board at its first meeting in January each year. . 1J 8 9 / Section 3-7 -- Clerk to the Board . 10 (1) The Clerk to the Board shall be the County 11 Clerk . 12 (2) The Clerk shall be custodian of the county seal ; shall 13 maintain a journal of Board proceedings ; record all motions ; resolu- O14 tions ; actions of and votes by the Board ; shall be the agent of • 15 the county for service of process ; and shall perform such other 16 duties as are now or may hereafter be prescribed by law for 17 clerks of Boards of County Commissioners or by 18 this Charter. 19 20 Section 3-8 -- Powers and Duties . 21 (1) The Board of County Commissioners shall be the governing 22 body of the county . It shall exercise all the powers and perform all 23 the duties now required or permitted ox that may hereafter be re- 24 quired or permitted by state law to be exercised or performed by 25 county commissioners in either home rule or non home rule counties . 26 (2) It shall exercise all powers of the county to determine C27 policy and to enact legislation . 28 -7- Cl ( 3 ) It shall be responsible for the proper exercise by the 2 county departments and other agencies established by this Charter 3 or by the Board for all executive and administrative powers and 4 duties delegated thereto . 5 (4 ) Without limiting the generality of the foregoing or 6 diminishing the total authority and responsibility of the Board as 7 herein provided , the powers and duties of the Board shall include 8 duties and powers to : 9 (a) Perform or provide for the performance of any 10 duties and responsibilities required by statute or the Consti- 11 tution of Colorado of county commissioners in non-home 12 rule counties and in home rule counties . 13 (b). Enact legislation including such means of enforce- 014 ment thereof as shall be authorized by law, and otherwise 15 formally promulgate county policy . Unless otherwise required 16 by statute , the Board shall act only by ordinance in matters of 17 legislation , contracts , appropriations , and disposition of real 18 property , and by ordinance , resolution or motion , as may be 19 appropriate , in other matters . 20 (c) Appoint , remove and establish qualifications of 21 department heads , and through them, direct the functions of 22 county offices , departments , divisions and agencies . 23 (d) Appoint and remove the county attorney , pursuant 24 to section 5-1 of this Charter , and retain such other pro- 25 fessional advisors as the Board may deem necessary . 26 (e) Adopt an administrative code . C -8-- (f) Develope , or cause to he developed , a system of 2 employment policies , rules , job classification and compensation 3 plans in accordance with generally accepted principles and 4 promulgate such policies , rules and plans , under the authority 5 of and in compliance with the provisions of pertinent Colorado 6 and Federal statutes and this Charter . 7 (g) Initiate suits or actions on behalf of the county . 8 (h) `Create such agencies , boards and commissions as the 9 Board may deem necessary or as may be required by state law, and 10 appoint the members thereof . The action creating an agency , 11 board or commission shall also set forth compensation , duties , and 12 responsibilities as well as any qualifications and conditions of 13 service . The Board may designate itself to perform the func- Q14 tions and exercise the process of any such board or commission , 15 unless prohibited by state law or this Charter . 16 (i ) Appropriate funds for all lawful purposes ; 17 (j ) Establish and levy taxes , charges , fees and licenses . 18 (k) Regulate , license , and tax utilities to the extent 19 permitted by law . 20 (1) Purchase or otherwise acquire , hold , own , sell , 21 trade , transfer , divide , lease , encumber , or reserve interest 22 in real and personal property , and receive gifts and grants , 23 in the name of the county . 24 (m) Approve and execute , on behalf of the county , 25 all contracts . Contracts shall be executed for the Board by 26 the Chairman . —9— (n) Act' as a board of appeals to hear complaints on actions 2 taken by county hoards , commissions and departments , Procedure 3 for appeals shall be as set forth in the administrative code , 4 or by resolution of the Board. Mo person shall be denied the right 5 to appeal , provided they comply with the administrative procedures 6 established by the Board . 7 (o) Establish salaries or other compensation for the B county attorney , assistant county attornies , and all other county 9 employees , or appointees not included within the personnel system. 10 (p) Provide for reimbursement of actual expenses of 11 food , travel , and lodging necessary for performance of the 12 duties of a County Commissioner , County Councilman , county officer , 13 county employee , or member of an appointed board or commission . /tea (q) Authorize multi-jurisdictional performance of 15 duties and functions with other units of government , and, under 16 procedures provided by law , cause the county to be included 17 within such districts consisting of two or more counties 18 or parts thereof as may be authorized or provided. by law for 19 the joint performance of county functions or the performance of 20 regional functions . 21 (r) Establish a municipal conference to be called by 22 the Board of County Commissioners not less than three times 23 each year to which all municipal officials shall be invited and appropriate agendas developed in order that mutual problems be 24 25 considered . ' (s) Require that all inspections of whatever type made 26 by county officers or employees be made promptly and without 28 unreasonable delay. ) n O (t) Perform or exercise , or provide for the performance 2 or exercise of, any or all permissive functions , services, 3 facilities and powers that may now or in the future be authorized 4 by law and not specifically mentioned or assigned by this 5 Charter. The Board shall perform or assign any mandatory duty , 6 responsibility or function required of the county by the laws or 7 Constitution of the state, which may have been omitted in this 8 Charter . 9 10 Section 3-9 -- Compensation . 11 (1) Compensation of members of the Board shall be fixed 12 by the County Council . 13 (2 ) No member ' s compensation shall be increased or decreased Er.��rl4 during his term of office , except as permitted by law. 15 (3) Until otherwise set , the salary of the members of the 16 Board shall be : Commissioners of districts 1 and 3 , $10 , 000. 00 ; 17 and Commissioner of district 2 and Commissioners at large , $15 , 000 . 00 18 per year. 19 20 Section 3-10 -- Rules of Procedure . 21 The Board shall adopt rules of procedure governing the time , 22 place , and conduct of its meetings and hearings , and the introduction 23 of and action on motions , resolutions and ordinances . The Board may 24 also adopt procedures for requiring attendance of its members . All 25 official meetings shall be open to the public , and no action shall 26 be taken by the Board other than at an official meeting . A record 27 of proceedings shall be taken and preserved , and it shall be a 28 public record. -11- C2 1 Section 3 -11 -- Meetings . 2 (1 ) Regular Board meetings shall be held at least twice weekly 3 on days to be determined by the Board by resolution . 4 (2 ) Special meetings shall be called by the Clerk upon the 5 written request of the Chairman or of any three (3 ) members of 6 the Board . Each member of the Board shall be provided at least 7 twenty-four hours written notice of such meeting , served personally 8 or left at each members usual place of residence . However , a special 9 meeting called as herein provided may be held on shorter notice if 10 all members of the Board are present or have waived notice thereof 11 in writing . A copy of the notice of a special meeting shall be posted 12 in a conspicuous place in the offices of the Board at the time such 13 notice is given to members of the Board . No business shall be trans- C14 acted at a special meeting unless the same has been stated in the 15 notice of such meeting . 16 (3) When a regular or special meeting is adjourned or recessed 17 to a time certain , notice of the time and place of the reconvening 18 thereof shall be posted in a prominent place in the offices of 19 the Board . 20 21 Section 3 -12 -- Quorum. 22 Three of the members of the Board in office at the time shall 23 be a quorum for the transaction of business . 24 25 Section 3-13 -- Majority Required . 26 Any resolution or ordinance to be adopted , amended , or repealed , 27 shall require concurrence of three of the members of the Board 28 in office at the time . -12- 1 Section 3 -14 -- Ordinances . C (1) An ordinance may be introduced at any regular meeting 3 by any member of the Board . Upon introduction it shall 'be pre- 4 sented and read a first time , and public notice of the proposed 5 ordinance given at least ten (10) days before its second reading . 6 If , upon second reading , a majority of the Board approves the 7 ordinance , public notice shall be given a second time as a 8 proposed ordinance , at least ten (10) days before its final passage . 9 Upon final adoption , public notice shall again be given. 10 (2) Except in case of an emergency ordinance , an ordinance 11 shall become effective five (5 ) days after its final public notice 12 unless a later date is specified in the ordinance . 13 (3) Every ordinance , except a general budget ordinance , a general 14 appropriation ordinance , and an ordinance adopting a code by reference , C5 shall be confined to a single subject which shall be clearly expressed 16 in its title . 17 (4) All ordinances shall be introduced in written or printed 18 form. No ordinance shall e amended by reference to its title only , 19 but the revised sections of the ordinance , as amended, shall be 20 re-enacted in full and public notice given , except as otherwise pro- 21 vided herein for amendments to codes . However , an ordinance or sec- 22 tion thereof may be repealed by reference to its title and ordinance 23 or code number only . 24 (5) The enacting clause of all ordinances shall be : "Be it 25 ordained by the Board of County Commissioners of Weld County , 26 Colorado. " 27 (6) An ordinance which is declared therein to be an O8 emergency ordinance may be enacted by four-fifths vote 29 - 13 - 1 of the Commissioners at the meeting at which it is introduced C2 without any requirement of prior public notice . Public notice of 3 an emergency ordinance shall be given forthwith after passage . The 4 effective date of an emergency ordinance shall be the date of its 5 enactment unless a later date is specified in the ordinance . An 6 emergency ordinance shall contain a specific statement 7 of the emergency . 8 (7) The Chairman shall sign and the Clerk shall attest to 9 all ordinances approved by the Board . All ordinances of the County 10 shall be indexed by subject by the Clerk and kept in a book for that 11 purpose which shall be a public record . 12 (8 ) Standard codes , promulgated by the Federal government , the 13 State of Colorado, or by an agency of either of them, or by any O14 municipality within the State of Colorado , or by recognized trade 15 or professional organizations , or amendments or revisions thereof , 16 may be adopted by reference ; provided the public notice of the 17 ordinance adopting any said code shall advise that copies thereof 18 are available for inspection at the office of the Clerk of the 19 Board , and provided that any penalty clause in said codes may be 20 adopted only if set forth in full in the adopting ordinance . \NO\\ 21 (9) The Board -twat cause the permanent ordinances to be codified 22 periodically . Such codification may be of the entire body of permanent 23 ordinances or of the ordinances of some particular subject . Such 24 codificaton may be re-enacted by reference by the Board or may be 25 authenticated in such manner as may be designated by ordinance . No 26 codification ordinance shall be invalid on the grounds that it deals O27 with more than one subject . -14- 1 Section 3 -15 -- Vacancies . O2 (1 ) A vacancy in the office of County Commissioner shall be 3 filled by appointment by County Council . 4 (2 ) A vacancy in any other elected office , except Council- 5 man , shall be filled by appointment by the Board . Said appointee 6 shall be of the same political party as that of the previous officer 7 and the appointment shall be effective until the next general election , 8 at which time a person shall be elected for the remainder of the term , 9 if any . C C -15- • • ARTICLE IV ® DEPARTMENTS OF COUNTY GOVERNMENT 1 Section 4 - 1 -- Departments Created . 2 ( 1) There are hereby created the Department of Finance , 3 Central Purchasing , and Personnel ; the Department of Health Ser- 4 vices ; the Department of Planning Services ; the Department of 5 Engineering Services ; and the Department of Communications Services . 6 (2 ) The Chairman of the Board of County Commissioners 7 shall be responsible for coordination of the Department of Finance , 8 Central Purchasing , and Personnel . 9 ( 3) The coordinator of each of the other departments shall be 10 the responsibility of one of the other Commissioners . 11 (4 ) Each department shall be administered by a director, O2 appointed by the Board of County Commissioners , and subject to the 13 immediate coordination of the commissioner responsible for the Depart- 14 ment . Each director shall be responsible within his department , sub- 15 ject to the approval of the Board and the regulations of the personnel 16 system, for the appointment, promotion , discipline and discharge of 17 employees of that department . Responsibility for coordinating the 18 departments of Health Services , Planning Services , Engineering Ser- 19 vices , and Communication Services shall be rotated annually. 20 (5 ) Each department may be divided into as many divisions 20 as the Board of County Commissioners may determine to be necessary 22 or desireable . Each division may be headed by one person responsi- 23 ble directly to the department director . 24 (6) Nothing herein shall prevent the appointment of one c5 person as head of more than one division . 26 -16- 27 /�... 1 (7) Nothing herein shall apply to the Department of Law. 2 (8) The Board shall organize and may re-organize 'the departments 3 established by this Charter, and assign or re-assign functions and 4 duties between departments and divisions , and may create additional 5 divisions . 6 (9) In case of re-organization or reassignment, there shall 7 not be more than five departments at any time (not including the 8 Department of Law) including the Department of Finance , Central 9 Purchasing , and Personnel . 10 11 Section 4-2 -- Department of Finance , Central Purchasing , and 12 Personnel . 13 (A) The Division of Finance and Central Purchasing shall : O14 ( 1) With the assistance of the elected officials and depart- 15 ment directors , gather together the information necessary for the pre- 16 paration of the budget , and in such form as the Board directs , prepare 17 a preliminary draft of the budget for the next fiscal year and submit 18 it to the Board by such date as the Board may direct . Such preliminary 19 draft shall include recommended operating expenses , capital expendi- 20 tures , and revenue sources for all departments and units of the county 21 government , and any other information deemed necessary . 22 (2 ) Prepare monthly financial statements , budget and 23 appropriation reports as directed . 24 (3 ) Assist the Board in administration of the budget and in 25 preparation of appropriation ordinances . 26 (4) Establish , maintain and operate the central purchasing C27 office for the county . Responsibilities of the purchasing 28 -17- 1 office shall include the purchase , storage and distribution of supplies , materials , property, equipment and inventory, pursuant to 3 policies and procedures established by the Board and in accord- 4 ance with this Charter and the laws of the state . 5 (5 ) Exercise such additional powers and perform such 6 additional functions and duties as may be required by the Board . 7 (6) The division of Finance and Central Purchasing shall 8 be under the direction of a Finance officer whose duties shall 9 include the following : 10 (a) The County Finance Officer shall on behalf of the 11 Board of County Commissioners act as Chief Accounting Officer 12 of the County and manage , supervise , coordinate and direct 13 the activities of the Division of Finance and Central Purchas- ing. He shall be responsible to the Board of Commissioners for 15 the proper execution , administration and functioning of the affairs 16 of the above described divisions of Weld County , including the 17 performance by the respective divisions and officers of those 18 functions , duties and services permitted or required by this 19 charter . 20 (b) Cause the policies adopted or approved by the 21 Board of County Commissioners to be implemented in those divisions 22 as required by the Board of County Commissioners and insure 23 that the activities of those departments are consistent with the 24 policies determined and set by the Board of County Commissioners . 25 (c) Supervise and direct the preparation of the budget 26 (d) Exercise control over purchases and expenditures and keep O7 the Board of County Commissioners advised of the financial condi- 28 tion and future needs of the County . -18- (B) The Division of Personnel shall : 2 (1) Assist the Board in the preparation of a system of employ- 3 ment policies , rules , job classification and compensation plans in 4 accordance with generally accepted personnel principles . 5 (2 ) Such system shall include at least the following : 6 (a) Employment and promotion in the county government 7 shall be made upon the basis of ability , education , training , B and experience necessary to carry out the duties and responsi- 9 bilities of the work to be performed . 10 (b) Classification and compensation according to 11 duties and responsibilities pursuant to adoption of a classifica- 12 tion and pay plan which shall from time to time be reviewed and 13 amended by the Board as necessary. (c) Standards of employment based on conduct and per- 15 formance of work and the procedures for creating and abolishing 16 positions . 17 (d) Dismissal , disciplinary and employee grievance pro- 18 cedures . • 19 (e) An appointing authority may not employ or request the 20 employment of any person who is related to him as spouse , parent , 21 child, brother, sister or in-law. 22 (f) No employee shall , during working hours , engage 23 in any political activity . Any person employed with the county , 24 except an elected official , who seeks election to a partisian public 25 office , shall request a leave of absence , without pay, immediately 26 after announcement of his candidacy . (g) The official hours of all Weld County Departments 28 shall be as established by the Board in the personnel policies 29 rules and requla+ inns . -19- C1 (h) The personnel system shall comply with the provisions of 2 pertinent Colorado and Federal statutes . • 3 (3) The personnel policies , rules and regulations and classifi- 4 cation and compensation plans may be amended by the Board . 5 (4) The Board of County Commissioners shall 6 implement a personnel system which shall become effective no later 7 than twelve (12) months from the effective date of this Charter . 8 (5) No County employee shall lose any vested retirement bene- 9 fits by reason of any change in retirement plans . 10 (6) Elected officials shall make appointments to fill 11 vacancies in their departments from a list of names certified 12 by the personnel department to be qualified for the position 13 to be filled . The elected official may interview each C14 person on the list and examine the qualifications and shall have 15 the authority to reject all persons on the list , whereupon the per- 16 sonnel department shall certify a new list . 17 Elected officials shall have direct authority over the 18 employees in their respective offices pursuant to the County 19 personnel policies , rules , regulations , job classification and 20 compensation plans . 21 (7) All employees of the County shall be included within 22 the provisions of the personnel system, except the Board may , in 23 its discretion , exclude the employees of certain divisions , and except 24 the undersheriff and chief deputy of each elected official , temporary 25 employees , advisors , and consultants retained by contract, the County 26 Attorney and Assistant County Attorneys , and except as otherwise C27 provided by law . 28 -20- (8) The Board of County Commissioners shall appoint an appeals 2 board to which an employee may appeal his dismissal , suspension, demo- 3 tion , or other grievance . 4 (a) The number of members , term, and qualifications of the 5 appeals board shall be set forth by the personnel policies , rules 6 and regulations . 7 (b) The procedures for appeal shall be outlined in the 8 personnel policies , rules and regulations . 9 (c) The department of finance , central purchasing and per- 10 sonnel shall contain such other divisions as may from time to time 11 be established by the Board , and shall perform such functions 12 and duties as may from time to time be assigned or re-assigned 13 to it . Section 4 - 3 -- Department of Health Services . 15 (A) Division of Public Health . 16 (1) The Director of Health shall be appointed by the Board 17 upon consultation with the Board of Health . 18 (2 ) The Director of Heath shall : 19 (a) Have all powers and duties now provided or as here- 20 after provided by state law for health departments in Colorado. 21 (b) Direct supervision of the Environmental Health Ser- 22 vices . 23 (c) Cooperate and work jointly with the commissioner assigned 24 to the Department of Health Services on all county health rela- 25 ted activities. 26 (d) Make recommendations to the Board for the purpose of helping to eliminate and avoid the duplication of services 28 in county health related areas . 29 -21- 1 (e ) Evaluate all regional health programs that affect O2 Weld County . 3 (f) Cooperate with the Commissioner assigned to the Depart- 4 ment of Health Services , in order to plan , cooperate and con- 5 tract with other county health agencies so that all programs 6 benefit from the combined use of facilities and staff . 7 (g) Work with regional , state and federal authorities 8 relating to public health programs in Weld County. 9 (h) Report at least annually to the Board on all matters 10 set forth above . 11 (i) Perform such functions and duties as the Board shall 12 direct . 13 (3) The Board of County Commissioners shall appoint a 14 Board of Health consisting of nine persons . Such board shall C15 be chosen as follows : 16 (a) The Board of County Commissioners shall determine 17 six geographic areas and appoint one member from each of the 18 geographic areas . Each member shall reside within the geographic 19 area for which he is appointed at the time of his appointment 20 and during his term. 21 (b) Three members shall be appointed from the county at 22 large . 23 (c) The geographic boundaries may be adjusted from time 24 to time by the Board of County Commissioners . 25 (d) The term of office shall be for three years , said 26 terms to be staggered so that two members from geographic areas 27 and one member at large are appointed each year. The Board of 28 Commissioners shall make the initial appointments for one , two -22- 1 and three years , in order to initiate the staggered terms . No O2 person shall serve more than two consecutive terms as a member. 3 (4) The Board of Health shall adopt by-laws which shall 4 state the purposes of the Board and shall at least : 5 a) Provide for the selection of its officers , and for 6 appointment of standing and special committees necessary to effect 7 the discharge of its responsibilities . 8 (b) Provide for the adoption of a schedule of 9 meetings and attendance requirectrents . 10 (c) Require that minutes be kept of the Board of Health 11 deliberations and decisions . 12 (d) Require five members constitute a quorum. 13 (e ) Provide for studying county health programs and 14 direct their implementation in cooperation with the the Director C15 of Health and the Board of County Commissioners . 16 B . Hospital Division : 17 (1) Except as provided herein , the administration of Weld 18 County General Hospital shall remain as provided by law and the 19 rules and regulations of the Board. 20 (2) Members of the Hospital Board shall be appointed for three 21 year terms and no person shall serve more than two consecutive terms . 22 C . Other Divisions : 23 The department of Health Services shall contain such other 24 divisions as may from time to time be established by the Board , 25 and shall perform such functions and duties as may from time to 26 time be assigned or reassigned to it . 27 eill 2 8 -23- 1 Section 4-4 -- Department of Planning Services 2 (A) Division of Planning , Zoning and Inspection . 3 (1) A director of the Department of Planning Services shall be 4 appointed by the Board upon consultation with the Planning Commission . 5 (2 ) The Director of Planning Services shall : 6 (a) Be responsible for the administration and coordination 7 of the Planning , Zoning and Inspection Divisions . 8 (b) Subject to rules and regulations promulgated by the 9 planning commission : 10 (i ) supervise the issuance of all building permits . 11 (ii) direct and coordinate the activities of the 12 building, electrical and plumbing inspections . 13 (c) Coordinate activities between the Board of Adjustment Cand the Planning Commission and provide the necessary liason 15 personnel to work with the Board of Adjustment . 16 (d) Coordinate the activities assigned to the Planning 17 Commission affecting the County in connection with the Regional 18 Council of Governments . 19 (e ) Be responsible for planning and coordinating of all 20 County parks and recreational facilities . 21 (f ) Perform such functions and duties as the Board shall 22 direct . 23 (3) The Board of County Commissioners shall appoint a Planning 24 Commission consisting of nine persons . Such commission shall be 25 chosen as follows : 26 (a) The Board of County Commissioners shall determine six geographic areas and appoint one member from each of the 28 geographic areas . Each member shall reside within the geographic 29 ' area for which he is appointed at the time of his at?pointment 1 and during his term . 2O (b) Three members shall be appointed from the county at 3 large . 4 (c) The geographic boundaries may be adjusted from time 5 to time by the Board of County Commissioners . 6 (d) The term of office shall be for three years , said 7 terms to be staggered so that two members from each geographic area 8 and one member at large are appointed each year. The Board of 9 County Commissioners shall make the initial appointments for 10 one , two and three years , in order to initiate the staggered ll term. No person shall serve more than two consecutive terms 12 as a member. 13 (4) The Planning Commission : It (a) Shall act and decide on all petitions and applica- 15 tions submitted to it pursuant to law or regulation . ' 6 (b) Shall perform such functions and duties as shall be 7 provided by law and as shall be directed by the Board . 8 (c) All decisions of the Planning Commission shall be l9 subject to appeal to and review by the Board in accordance with '0 state law and the rules and regulations established by the Board . '1 (d) Applications for re-zoning shall be referred to the '2 Board in accordance with the state law and the rules and regulations '3 of the Board . '4 (e) No utility delivery system shall be constructed '5 nor shall rights of way or easements be negotiated until '6 the entity developing such system shall have made application to the Weld County Planning Commission pursuant to the rules '8 -25- Q1 and regulations of the Planning Commission and until such 2 utility system has been approved by the Board. 3 (f) The Planning Commission shall establish rules and 4 regulations covering applications for utility easement systems 5 and hearings thereon . The application shall include all infor- 6 mation required by the Board including environmental and econo- 7 mic impact statements . 8 (g) The Planning Commission shall make its recommendation 9 to the Board as to whether an application for a public utility 10 system should be granted or denied and the Board shall make 11 final determination . 12 (5) The Planning Commission shall adopt by-laws which shall 13 state the purposes of the Commission and shall at least : C14 (a) Provide for the selection of its officers , and for 15 appointment of standing and special committees necessary to 16 effect the discharge of its responsibilities . 17 (b) Provide for the adoption of a schedule of meetings , 18 including at least one meeting per month, and attendance re- 19 quirements . 20 (c) Require that minutes be kept of the Planning Commission 21 deliberations and decisions . 22 (d) Require five members to constitute a quorum. 23 (B) Board of Adjustment . 24 The Board of Adjustments shall consist of nine members , 25 appointed in the same manner and for the same terms as the Planing 26 Commission . The Board of Adjustments will perform such functions 27 and duties as are provided by law . 28 (C) The Department of Planning Services shall contain such 29 -26- ©1 other divisions as may from time to time be established by the 2 Board, and shall perform such functions and duties as may from 3 time to time be assigned or reassigned to it . 4 5 Section 4 - 5 -- Department of Engineering Services . 6 (1) The Board of County Commissioners shall appoint the 7 director of the Department of Engineering who may be known as 8 the County Engineer . 2 (2) The County Engineer shall exercise all of the powers and 10 perform all the acts and duties now required or that may here- 11 after be required by state law to be exercised or performed by 12 the County Surveyor. 13 (3) The County Engineer shall perform such functions and duties 4 as the Board shall direct . 15 (4) The department of Engineering shall contain such divi- 16 sions as may from time to time be established by the Board, and shall 17 perform such functions and duties as may from time to time be 18 assigned or reassigned to it . . 19 20 Section 4 - 6 -- Department of Communications Services . 21 (1 ) The Board of County Commissioners shall appoint the 22 director of the Department of Communications Services . 23 (2) The Director of Communications Services shall perform 24 such functions and duties as the Board shall direct . 25 (3) There may be a division of Extension Service . 26 (a) The Board may, with the approval of the head of C7 the State Extension Director, appoint the head of the Extension 28 Service , who may be known as the County Agent . -27- 1 (b) The County Agent shall perform such functions as are ®2 provided by law or as directed by the Board , which pay include 3 the 4-H programs 4 (4 ) The Department of Communications Services shall contain 5 such divisions as may from time to time be established by the Board , 6 and shall perform such functions and duties as may from time to time 7 be assigned or reassigned to it . 8 • C -28- ARTICLE V ® DEPARTMENT OF LAW 1 Section 5 - 1 -- County Attorney -- Appointment . 2 (1) There shall be a Department of Law, the director of which 3 shall be known as the County Attorney . He shall be appointed by 4 the Board for an indefinite term and his employment may be term- 5 inated by majority vote of the Board. 6 (2) The office of County Attorney shall be the primary employ- 7 ment of the County Attorney and he shall have no other employment 8 as an attorney. 9 (3) The Board may appoint such assistant county attorneys as 10 it deems necessary subject to the same term and limitations as the 11 County Attorney. 12 '13 Section 5 - 2 -- Qualifications . 14 The County Attorney shall be a resident of the County of Weld 15 and a duly licensed attorney for the State of Colorado for at least 16 five (5) years immediately prior to his appointment, and shall have 17 been actively engaged in the practice of law during such five years . 18 19 Section 5 - 3 -- Duties . 20 (1) The Department of Law shall exercise all legal and 21 administrative functions of the County government assigned by 22 law or the Board to the County Attorney . 23 (2) The County Attorney shall act as legal advisor for the 24 Board and all departments of county government . d5 (3) The County Attorney shall , upon request of elective county 26 officers , issue formal written opinions on questions of law, which 27 shall be maintained by the CoullSy_ as public documents . 28 1 (4) When directed by the Board, the County Attorney shall O2 represent the County , County Officers , County Employees , and appointed 3 boards and commissions and their members in suits , actions and 4 other legal proceedings . 5 (5 ) In the event of conflict between the Board and any other 6 county officer , such county officer shall be represented by the 7 Weld County District Attorney. 8 9 Section 5 - 4 -- Special Counsel . 10 The Board may appoint special counsel for the purpose of 11 making investigations and representing the County in suits by and 12 against the County , its officers , or its agencies . Employment 13 of special counsel shall be by written contract which shall set 14 forth the purpose and terms of employment and compensation therefore . 15 16 17 -30- ARTICLE VI © ELECTIVE OFFICERS 1 Section 6 - 1 -- Elective Officers . 2 The Elective Officers of the County of Weld, Colorado , shall 3 be five County Commissioners ; five County Councilmen; one County 4 Clerk , who shall be Clerk of the Board of County 5 Commissioners ; one County Sheriff; one County Coroner; one County 6 Treasurer ; and one County Assessor . The salary or compensation , 7 term of office and qualifications of such officers shall be as pro- 8 vided in this Charter . 9 10 Section 6 - 2 -- Oath of Office . 11 Before entering upon the duties of his office , every officer designated by this Charter shall take , subscribe, and file with 13 the County Clerk , an oath or affirmation that he will support the 14 Constitution of the United States , the Constitution of the State 15 of Colorado , this Charter and the Ordinances of the County of Weld , 16 Colorado , and will faithfully perform the duties of this office . 17 18 Section 6 - 3 -- Vacancy. 19 Vacancies in elective offices, except County Commissioners and 20 County Councilmen shall be filed by the Board as provided by this Charter 21 22 Section 6 - 4 -- Term of Office . 23 (1) The term of office of all elected offices shall commence 24 on the first working day of the year immediately following the general election at which he is elected and shall be for four years . 26 (2) The term of office of all elected offices shall continue 27 until a successor is c.lccted and qua.I .i_fied. -31- 1 Section 6 - 5 -- Qualifications . • 2 (1) All elected officers shall be qualified electors of the 3 County . 4 (2 ) All elected officers shall have resided in the County for 5 a consecutive period of not less than one (1) year immediately pre- 6 ceding election . 7 (3) All elected officers shall be at least twenty-one (21) 8 years of age before assuming office . 9 (4) Except for County Councilmen and the Coroner , each 10 County office shall be the primary employment of the officer during 11 the term for which he is elected or appointed . 12 Section 6 - 6 -- Compensation . 14 (1) Compensation of all elected officers , except County Council- 15 men, shall be fixed by the County Council . 16 (2) No elective officer ' s compensation shall be increased or 17 decreased during his term of office , except as permitted by law . 18 19 C -32- ARTICLE VII © COUNTY ASSESSORS 1 Section 7 - 1 -- Bond. 2 The County Assessor shall execute to the people of the State 3 of Colorado , and file in the office of the County Clerk , a bond , as 4 provided by this Charter and approved by the Board . The sureties shall 5 be responsible for the acts of the County Assessor and his deputies . 6 7 Section 7 - 2 -- Duties . 8 (1) The County Assessor shall appoint a chief deputy to act 9 in his absence , disability , or in case of a vacancy in the office , 10 and such chief deputy shall perform all the duties of County 11 Assessor during such absence or until such vacancy shall be filled . ©12 (2) The County Assessor may appoint such other deputies as 13 may be necessary or required to carry out the duties of the office. 14 (3) The County Assessor shall exercise all of the powers 15 and perform all the acts and duties now required or that may here- 16 after be required by state law to be exercised or performed by the 17 County Assessor . 18 (4 ) The County Assessor may exercise those discretionary county 19 functions and powers , and provide such services and facilities as 20 may be authorized by law. 21 22 Section 7 - 3 -- Chief Deputy . 23 The Chief Deputy shall have attended and passed the Colorado 24 Tax Assessor' s school , or an equivalent thereof , and shall C25 26 -33- 1 have had a minimum of five years experience in reading and platting C legal descriptions , the application of the mill levy to property 3 assessment , and the application of the assessment rolls to the 4 computer . 5 6 7 • C -34- ARTICLE VIII COUNTY CLERK 1 Section 8 - 1 -- Bond. 2 The County Clerk shall execute to the people of the State of 3 Colorado, and file in the office of the County Clerk , a bond , as 4 provided by this Charter and approved by the Board. The sureties 5 shall be responsible for the acts of the County Clerk and his 6 deputies . 7 8 Section 8 - 2 -- Duties . 9 (1) The County Clerk shall appoint a chief deputy to 10 act in his absence , disability , or in case of a vacancy in 11 the office , and such Chief Deputy shall perform all the duties C2 of County Clerk during such absence or until such vacancy shall 13 be filled . 14 (2) The County Clerk may appoint such other deputies as 15 may be necessary or required to carry out the duties of the 16 office . 17 (3 ) The County Clerk shall be the Clerk to the Board of 18 County Commissioners as provided by Article III , Section 3-7 . 19 (4) The County Clerk shall exercise all of the powers and 20 perform all the acts and duties now required or that may hereafter 21 be required by state law to be exercised or performed by the 22 County Clerk . 23 (5) The County Clerk may exercise those discretionary 24 county functions and powers , and provide such services and facilities 25 as may be authorized by law, for County Clerks . 26 -35 - 27 QARTICLE IX COUNTY CORONER 1 Section 9 - 1 -- Duties . 2 (1 ) The County Coroner shall appoint a chief deputy to 3 act in his absence , disability , or in case of a vacancy in the 4 office , and such chief deputy shall perform all of the duties 5 of County Coroner during such absence or until such vacancy be filled. 6 7 (2) The County Coroner may appoint such other deputies as may be necessary or required to carry out the duties of the office . 8 (3 ) The County Coroner shall exercise all of the powers and perform 9 all the acts and duties now required or that may hereafter be required 10 C by state law to be exercised or performed by the County Coroner. 11 (4) The County Coroner may exercise those discretionary 12 county functions and powers , and provide such services as may be 13 authorized by law, for County Coroners . 14 15 16 17 18 19 -36- ARTICLE X © COUNTY SHERIFF 1 Section 10 - 1 -- Qualifications . The County Sheriff shall be a graduate of a certified law 2 enforcement academy or institution requiring at least 90 quarter (60 3 semister) credit hours for graduation; or have had a minimum of five 4 years experience as an administrator in law enforcement at the rank 5 of Sergeant , or above . 6 7 Section 10 - 2 -- Bond. 8 The County Sheriff shall execute to the people of the State 9 of Colorado , and file in the office of the County Clerk, a bond, as 10 provided by this Charter and approved by the Board. The sureties 11 shall be responsible for the acts of the County Sheriff , the Under- C 12 sheriff, and his deputies . 13 14 Section 10-3 -- Duties . 15 (1) The County Sheriff shall appoint an Undersheriff, who 16 shall also be a general deputy , to serve during the pleasure of 17 the Sheriff. 18 (2 ) The County Sheriff may appoint such other deputies as may 19 be necessary or 'required to carry out the duties of the office . 20 (3) The County Sheriff shall exercise all of the powers and 21 perform all the acts and duties now required or that may hereafter 22 be required by state law to be exercised or performed by the 23 County Sheriff . C -37- 1 (4) The County Sheriff may exercise those discretionary county O2 functions and powers , and provide such services and facilities as 3 may be authorized by law.. 4 (5 ) The County Sheriff shall provide such law enforcement 5 services to incorporated municipalities as may be provided for by 6 service contract or joint agreement between the Board and a munici- 7 pality. 8 9 Section 10 - 4 -- Qualifications of Undersheriff . 10 (1) The undersheriff shall have an Associate of Arts Degree , 11 or its equivalent , in Police Science , Police Administration, or in 12 some related field . 13 (2) The Undersheriff shall have had at least five years law 13 enforcement experience including substantial administrative and 014 personnel experience . 15 (3) The Sheriff shall determine that the undersheriff meets 16 the above qualifications . 17 18 Section 10 - 5 -- Duties of Undersheriff . 19 (1) In case of the absence , disability , or in event of a 20 vacancy in the office of County Sheriff , the Undersheriff shall per- 21 form all the duties of County Sheriff during such absence or until 22 such vacancy shall be filled . 23 (2 ) The Undersheriff shall perform such other duties as may 24 be directed by the County Sheriff . 25 26 Section 10-6 -- Jailer -- County not Furnish Residence . C27 The County shall not be required to furnish the Sheriff , as 28 -38- 29 1 keeper of the jail , nor any deputy appointed for that purpose , with 2 living quarters . This shall not relieve the sheriff of .his duty to 3 safely keep all prisoners committed to his custody according to 4 law. 5 C -39- 1' ARTICLE XI COUNTY TREASURER 1 Section 11 - 1 -- Bond. 2 The County Treasurer shall execute to the people of the State 3 of Colorado, and file in the office of the County Clerk, a bond, 4 as provided by this Charter and approved by the Board. The sureties 5 shall be responsible for the acts of the County Treasurer and his 6 deputies 7 8 Section 11 - 2 -- Duties . 9 (1) The County Treasurer shall appoint a chief deputy to 10 act in his absence , disability , or in case of a vacancy in the 11 office , and such Chief Deputy shall perform all the duties of 12 County Treasurer during such absence or until such vacancy C3 shall be filled . 14 (2) The County Treasurer may appoint such other deputies 15 as may be necessary or required to carry out the duties of the 16 office . 17 (3) The County Treasurer shall exercise all of the 18 powers and perform all the acts and duties now required or that 19 may hereafter be required by state law to be exercised or per- 20 formed by the County Treasurer . 21 (4 ) The County Treasurer may exercise those discretionary 22 county functions and powers , and provide such services as may be 23 authorized by law. 24 25 Section 11 - 3 -- Qualifications of Chief Deputy. C6 The Chief Deputy shall have had a minimum of five years invest- 27 ment experience in handling investments , of the type handled in the -40- 28 office of tho C ,'jn' Tr”o rer . el Section 11-4 -- Investment of Funds 2 (1) The County Treasurer shall , with prudence , deposit avail- 3 able funds in accordance with the statutes of the State of Colorado, 4 giving preference to Weld County financial institutions . 5 (2 ) All interest from County funds shall become a part of 6 the general fund , except that interest from particular funds may , by resolution of the Board, be retained in such fund . C C -41- ARTICLE XII OFFICE OF COUNTY SURVEYOR ABOLISHED Section 12 - 1 -- Office of County Surveyor Abolished. 2 Upon adoption of this Charter 3 the office of County Surveyor shall be abolished , effective 4 January 1 , 1976 . 5 6 Section 12 - 2 -- Transfer of Duties . 7 The County Engineer shall exercise all of the powers and 8 perform all the acts and duties now required or that may here- 9 after be required by state law to be exercised or performed by 10 the County Surveyor . 11 C12 Section 12 - 3 -- Existing_ Property and Records . 13 All property , records , equipment and supplies of the office 14 of County Surveyor , wherever located , existing when this Charter 15 becomes effective , shall be transferred as directed by the Board . 16 C -42- ARTICLE XIII COUNTY COUNCIL 1 Section 13 - 1 -- Composition . 2 The County Council shall consist of five members elected as 3 follows : 4 (1) Three members , each nominated, elected and residing 5 in separate geographic districts as established in Article III , 6 Section 3-2 of this Charter . 7 (2 ) Two members , each nominated and elected from the county 8 at large . 9 10 Section 13 - 2 -- Qualifications of Members . 11 (1) Councilmen from districts shall reside within their geographic X12 districts when nominated, elected or appointed and during their terms 13 of office . 14 (2 ) Councilmen shall not hold any other county elective office 15 and shall not be a county employee . 16 17 Section 13 - 3 -- Terms of Office 18 (1) The terms of office of County Councilmen shall commence 19 on the first working day of the year immediately following the 20 general election at which they are elected and shall be for four years . 21 (2 ) The term of office of a councilman shall continue until 22 his successor is elected and qualified . 23 (3) No person shall serve more than two consecutive terms as 24 a councilman . O25 26 27 -43- Section 13 - 4 -- Organization . 2 (1) At its first meeting in January each year the Council 3 shall elect, from among its members , a President , who shall pre- 4 side over its meetings , and a Vice-President , who shall preside 5 in absence of the President . 6 (2) The Council shall adopt rules of procedure governing the 7 time , place and conduct of its meetings and hearings , and the 8 introduction of and action on motions and resolutions . The Council 9 may also adopt procedures for requiring attendance of its members . 10 All official meetings shall be open to the public , and no action 11 shall be taken by the Council other than at an official meeting . A 12 record of proceedings shall be taken and preserved , and it shall be 13 a public record . (3) Regular meetings shall be held at least monthly on a 15 day or days to be determined by the Council by resolution . Special 16 meetings may be called by the President . A copy of the notice of 17 a meeting shall be posted in a conspicuous place in the offices of 18 the Board of County Commissioners at the time such notice is given 19 to members of the Council. 20 21 Section 13 - 5 -- Quorum -- Majority -- Action . 22 (1) Three of the members of the Council in office at the time 23 shall be a quorum for the transaction of business , but in the absence 24 of a quorum, a lesser number may adjourn any meeting to a later time 25 or date , and in the absence of all other members the President may 26 adjourn any meeting for not longer than one week . (2 ) Any resolution to be adopted , amended , or repealed , or any -A4 . 1 other action of the Council shall require concurrence of three of © 2 the members of the Council in office at the time . 3 (3) All official action taken by the Council shall be announced 4 by the President or, in his absence , by the Vice-President, and 5 all official communications of the Council whether oral or written , 6 shall be made by the President or , in his absence , by the Vice- 7 President . 8 9 Section 13 - 6 -- Compensation. 10 A Councilman shall receive no compensation for his services , 11 but shall be reimbursed for actual and necessary expenses incurred 12 in the performance of his official duties . 13 14 Section 13 - 7 -- Vacancies . 15 (1) A vacancy shall be filled by appointment by the remain- 16 ing members of the Council . 17 (2 ) A vacancy shall exist when a Councilman dies , resigns , 18 is removed from office , moves from the district from which elected , 19 is incapacitated, recalled, or becomes a candidate for a county 20 elected office or an employee of the county . 21 22 Section 13 - 8 -- Powers and Duties . 23 (1) The Council shall set the salaries of all elected 24 officials . In the case of the Board of County Commissioners , the 25 effective date of any change in salary may be delayed so as to 26 provide for equal compensation for all commissioners at all times . 27 (2) The Council may employ a secretary and such other 28 employees , permanent and temporary , as it may require , pursuant -45- 1 to the County Personnel System. Q2 (3 ) A vacancy in the Board of County Commissioners shall be 3 filled by appointment by the Council . Said appointees shall be of 4 the same political party as that of the previous officer , and the 5 appointment shall be effective until the next general election , 6 at which time a person shall be elected for the remainder of the 7 term, if any . 8 (4) In the event a valid petition for recall is presented 9 as provided in Article XV, the Council may suspend the officer 10 being recalled, with pay , pending the recall election . In the 11 event the Council suspends such officer , the Council may appoint 12 some qualified person to perform the duties of the office pending 13 the recall election . In the event the officer is not recalled , 14 he shall be immediately reinstated . C15 (5 ) In the event an elected official is formally charged or 16 indicted for the commission of a crime , the Council may suspend 17 such officer, with or without pay , pending prosecution of the 18 offense . If an elected officer is found guilty of any crime by a 19 court or jury , the Council shall immediately suspend such officer 20 without pay until his conviction shall become final and he has 21 exhausted, or by failure to assert them, has waived all rights to 22 new trial and all rights of appeal . At the time such officer ' s 23 conviction is final , the office shall be vacant and the vacancy 24 filled as herein provided . 25 Should the officer be suspended from office by the Council , 26 as provided in this section , be found not guilty in a state or 27 federal court , either on appeal , original trial , or new trial , the � 28 Council shall forthwith reinstate such officer and he shall receive -46- 1 his back pay , unless , during such period of suspension , a successor ®2 to such suspended officer has been duly elected and qualified . 3 In the event a successor to such suspended officer has been so 4 elected and qualified, such suspended officer shall receive his 5 back pay only up to the expiration date of his regular term of 6 office and he shall not be reinstated or paid further unless he is 7 such person duly elected and qualified . 8 (6) The Council shall maintain a continua]. surveilance 9 of all aspects of county government and shall make such periodic 10 reports to the people relating to expenditures , efficiency, responsive- 11 ness , adherance to statutes , laws and regulations , and other matters as 12 the Council deems adviseable . Such report or reports shall be in 13 such form as the Council shall determine and shall be filed with the Board of County Commissioners and copies furnished to all C14 15 elected officers . 16 (7) For the purposes of assisting the Council in carrying 17 out the duties set forth in paragraph (6) above , the Council may 18 appoint a performance auditor who shall be responsible solely to 19 the Council . The Council shall determine his qualifications and 20 compensation . He shall serve at the pleasure of the Council . 21 22 Section 13-9 -- Nomination of Councilmen . 23 (1) Candidates for councilmen shall be nominated without 24 regard to political party affiliation , by petition on forms supplied by 25 the county clerk . A petition of nomination may consist of one or more 26 sheets , but it shall contain the name and address of only one candidate . O27 The petition may designate one or more persons as a committee to fill a 28 vacancy in such nomination . -47- 1 (2) Nomination petitions may be circulated and signed beginning O2 on the ninety-fifth day and ending on the forty-fifth day prior to the 3 day of election . Each petition shall be signed by qualified electors 4 in the following numbers : 5 (a) For a candidate in the council at large , at least 6 two hundred (200) qualified electors residing within the 7 county; 8 (b) For a candidate from a geographic district , at least 9 two hundred (200) qualified electors residing in the candidate ' s 10 district ; 11 (3) Each qualified elector signing a petition shall add to his 12 signature his place of residence by street and number , rural route 13 and box number or other customary designation , except that a post 14 office box number by itself shall be insufficient . The circulator (1: 15 of each nomination petition shall make an affidavit that each signa- 16 ture thereon is the signature of the person whose name it purports 17 to be and that each signer has stated to the circulator that he is 18 a qualified elector of the county or county and district, as the case 19 may be , for which the nomination is made . The signature of each signer 20 of a petition shall constitute prima facie evidence of his qualifica- 21 tions without the requirement that each signer make an affidavit as 22 to his qualifications . 23 (4) No petition shall be valid that does not contain the 24 requisite number of names of electors qualified to sign the peti- 25 tion. . Any such petition may be amended in this respect at any time 26 prior to fifteen days before the day of election . (5) No elector shall sign more than one nomination petition for C27 28 each separate office to be filled in the county or county and district , 29 -40- 1 as the case may be . An elector may sign a nomination petition for ® 2 a councilman from his district and also for a councilman at large . 3 (6) Each nomination petition shall be filed with the County 4 Clerk no later than the forty-fifth day prior to the day of election . 5 Every such petition shall have endorsed thereon or appended thereto 6 the written affidavit of the candidate accepting such nomination . 7 The acceptance of nomination shall contain the full name and place 8 of residence of the candidiate . 9 (7) The county clerk shall cause all nomination petitions to be 10 preserved for a period of two years . All such petitions shall be open 11 to public inspection under proper regulation by the clerk . 12 (8) Procedure for withdrawal shall be as follows : 13 Any person who has been nominated and who has accepted C14 a nomination may cause his name to be withdrawn from such 15 nomination , at any time prior to eighteen days before election , 16 by a written affidavit withdrawing from such nomination . The 17 affidavit stating withdrawal shall be signed by the candidate 18 and filed with the clerk . 19 (9) Objections to nominations . All petitions of nomination which 20 are in apparent conformity with the provisions of this section , as 21 determined by the clerk , are valid unless objection thereto is duly 22 made in writing within three days after the filing of the same . 23 In case objection is made , notice thereof shall be forthwith mailed 24 to any candidate who may be affected thereby . The clerk shall pass 25 upon the validity of all objections , whether of form or substance , 26 and his decisions upon matters of form shall be final . His decisions 27 upon matters of substance shall be open to judicial review. Said clerk 28 -49- 1 shall decide objections within at least forty-eight hours after the C2 same are filed , and any objections sustained may be remedied or defect 3 cured upon the original petition , by an amendment thereto , or by 4 filing a new petition within three days after such objection is sus- 5 tained, but in no event later than the thirtieth day before the day 6 of election . 7 8 C C -50- ARTICLE XIV ® FINANCE AND BUDGET 1 Section 14 - 1 -- Fiscal Year . 2 The fiscal year of the county shall commence on January 1 3 and end on December 31 of eacy year , unless otherwise established 4 by state law for home rule counties . 5 6 Section 14 - 2 -- Annual Budget . 7 (1) The director of the Department of Finance , Purchasing and 8 Personnel shall prepare a recommended budget for the next fiscal year and 9 submit it to the Board . Such budget shall include recommended 10 operating expenses , capital expenditures , and revenue sources for 11 all departments and units of the county government , and any other information deemed necessary. 13 (2) The Board shall hold at least one public hearing on the 14 proposed budget . Public notice of such hearings shall be given at 15 least ten days prior to the date thereof stating the time and place 16 of the hearings and indicating that the proposed budget is available 17 for inspection in the office of the Clerk of the Board during regular 18 office hours , and that any interested person may file or register any 19 objections thereto at any time prior to the final adoption of the 20 budget . 21 (3 ) Following the public hearing or hearings , the Board may re- 22 vise or alter the proposed budget or increase or decrease any item 23 therein. The Board shall then adopt the budget together with any 24 amendments thereto, in accordance with the requirements of state law. C -51- ®1 The Board shall also adopt an ordinance appropriating funds for the 2 ensuing fiscal year and shall certify the taxes to be 'levied as 3 provided by law. 4 (4) The Board may adopt emergency appropriations upon declara- 5 tion that an unforeseen disaster or emergency exists . Such appropria- 6 tions shall be funded from contingency or other available funds , or 7 as otherwise permitted by state law. 8 (5 ) Except as otherwise provided herein, the provisions of 9 state law concerning adoption of budgets and appropriation of funds 10 by local governments shall govern the procedures of the Board . 11 12 Section 14 - 3 -- Capital Improvements Program and Budget . 13 The Board may require that the director of Finance and C14 Purchasing submit , at the time of submission of the annual budget , 15 a five year capital improvements program/and budget . Such program 16 shall include recommended projects , construction schedule , estimate 17 of costs , anticipated revenue sources , methods of financing , and 18 such other information as may be required . 19 20 Section 14 - 4 -- Audits . 21 The Board shall provide for an independent annual audit of 22 all county accounts and funds , and more frequent audits as deemed 23 necessary . Such audits shall be made by a certified public accountant 24 selected by the Board . The same auditor or auditing firm shall not 25 be retained for more than five consecutive years . The audit shall be 26 available for inspection by the public in the office of the Clerk to C27 the Board . 28 -52- 29 1 Section 14 - 5 -- Funds . C2 Funds shall be established as directed by the Board, pursuant 3 to the provisions of state law. 4 5 Section 14 - 6 -- Long Term Financing . 6 The incurring of indebtedness by the county and the issuance 7 of evidences of such indebtedness shall be authorized, made and 8 executed in accordance with the laws of the state , including the 9 borrowing of money to fund county projects , the pledging of project 10 revenues in repayment thereof , and the issuance of revenue warrants , 11 revenue bonds or other forms of evidence of such obligations . 12 13 Section 14 - 7 -- Limitation on Annual Tax Levy . 14 (1) Limitation. Except as otherwise provided herein, all ad O5 valorem tax levies for county purposes , when applied to the total 16 valuation for assessment of the county or other taxing district to which 17 such levy may apply, shall prohibit the levying of a greater amount 18 of revenue than was levied in the preceding year plus five per cent , 19 except to provide for the payment of bonds and interest thereon . 20 (2 ) Increased levy -- procedure . 21 (a) If the Board be of the opinion , the amount of tax limited 22 by the preceding section will be insufficient for the county 23 needs for the current year , it may submit the question of an in- 24 creased levy to the qualified electors of the county or other 25 taxing district at a general or special election called for the 26 purpose and in the manner provided by law or this Charter for 27 calling special elections in the County . C8 -53- 1 (b) Due notice of the question of whether to grant the increased levy shall be given by the Board for at least thirty 3 (30) days in advance of the date set for the general or special 4 election by publication . If a majority of the votes cast at such 5 election shall be in favor of the increased levy as named in 6 said election notice , the Board may make such increased levy for 7 the year voted upon . 8 (c) In the event such increase shall be 9 voted by the 10 electors under the preceding subsections , the increased revenue 11 resulting therefrom shall be included in determining the five per 12 cent limitation in the following year. 13 14 Section 14 - 8 -- Limitation of Capital Expenditures . Cis Any one project, except hospital projects , requiring a capital 16 expenditure out of funds procured by ad valorem taxation equal to a 17 three mill levy for three years , or a hospital project requiring 18 a capital expenditure from ad valorum tax funds equal to a three 19 mill levy for three years , shall be prohibited until such time as the 20 question of expenditure of said funds shall have been first submitted 21 to a vote of the qualified electors at a general or special election 22 and shall have received a majority vote approving such expenditure . 23 24 Section 14 - 9 -- Bidding -- Procedure . 25 (1) The Board of County Commissioners shall adopt bidding pro- 26 cedures for county purchases which shall assure open and competitive ©272 bidding on all county purchases , and the Central Purchasing Division 28 shall follow the procedures adopted in all county purchases . 29 -54- (2) Bid specifications shall be prepared in such a manner as to Qinvite and encourage bidding from all suppliers of the goods and equip- ment being purchased by the County . No specifications shall be submitted to bidders so restrictive in detail as to eliminate any line of competitive equipment . (3) The County Commissioners shall give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality . (4) The County Commissioners shall enter in the minutes of the meeting, at which a purchase is made for other than a low bid , the reason for not accepting the low bid. (5 ) All purchases of $2 , 000 . 00 or more shall be by written , sealed bid and bids over $2 , 000 .00 shall be followed by a ten day period for consideration and investigation of the bids submitted to determine comparisons of quality and price . The Commissioners shall accept the bid they find to be most beneficial to the County . C -55- ® ARTICLE XV ELECTIONS 1 Section 15 - 1 -- General Elections . 2 Except as otherwise provided in this Charter , elected officers 3 of the county shall be nominated and elected pursuant to state law 4 at general elections . 5 6 Section 15 - 2 -- Special Elections . 7 Special elections shall be called by resolution of the Board 8 and conducted in accordance with the provisions of state law. 9 10 Section 15 - 3 -- Recall . 11 Any elected officer may be recalled from office at any time . ® 12 Once an election on recall has been held , no other election on recall 13 of that same officer may be held for at least one year . The procedure 14 for recall shall be as follows : 15 (1) One or more qualified electors shall file with the Clerk 16 an affidavit of not more than two hundred words stating the reasons 17 _ for requesting the recall . The Clerk shall , within forty-eight 18 hours after the filing of said affidavit , mail a copy by certified 19 mail to the officer sought to be recalled who may, within five days 20 of receipt of said affidavit , file with the Clerk , a sworn statement 21 of not more than two hundred words in justification of his course in 22 office . After receipt of the statement in defense , if any, but in no 23 event later than ten days after mailing such copy to the officer , the 24 Clerk shall issue a petition for recall . 25 26 -56- 27 (2 ) Said petition shall include the statement of reasons ® for requesting recall and the officer ' s statement of justifica- tion if there be such a statement . Said petition must be signed by qualified electors numbering at least twenty per cent (20%) of the total number of votes cast for that particular office in the last preceding election within the district from which the officer was elected or within the county in the case of an officer elected at large . (3) Each signer of a petition shall sign his name , and after his name , the date and his place of residence by street and number , rural route and box number , or other customary designation , except that a post office box number by itself shall be insufficient . (4) The signed recall petition shall be filed with the Clerk within sixty days after issuance . If said petition is filed within the time specified, and appears to be sufficient , the Board shall set a date for a recall election to be held within sixty days , unless a general election or a special election will be held within one hundred twenty (120) days following the filing of the petition , in which event the recall election may be held at the time of the general or special election . To each petition paper shall be attached an affidavit by the circula- tor thereof , stating the number of signers and affirming that each signature is the genuine signature of the person whose name it, purports to be , and that it was made in the presence of the affiantand that each signer has stated to the circulator that he is a qualified elector of the County . (5) All petitions shall be deemed and held to be sufficient if they appear to be signed by the requisite number of signers , -57.. 1 and such signer shall be deemed and held to be a qualified elector , unless a protest in writing under oath shall be filed in the office 3 of the Clerk by some qualified elector , within fifteen days after 4 such petition is filed, setting forth specifically the grounds 5 of such protest . In the event of such protest , the Clerk shall forth- 6 with mail a copy to the person or persons named in such petition as re- 7 presenting the signers thereof , together with a notice fixing a time for 8 hearing such protest which hearing shall be not less than five 9 nor more than ten days after such notice is mailed . All hearings 10 shall be before the Clerk, and all testimony shall be under oath . 11 Such hearings shall be summary and not subject to delay, and must 12 be concluded within thirty (30) days after such petition is filed, 13 and the results thereof shall be forthwith certified to the person 14 or persons representing the signers of such petition . (6) In case the petition is not sufficient it may be withdrawn 16 by the persons or a majority of the persons representing the signers 17 of such petition , and may, within fifteen (15) days thereafter , be 18 amended and refiled as an original petition . The finding as to the 19 sufficiency of any petition may be reviewed by the District Court of 20 Weld County, upon application of any person signing such petition , but 21 such review shall be had and determined forthwith . 22 (7) There shall be printed on the official ballot, as to 23 every officer whose recall is to be voted on , the words , "Shall 24 (name of the person against whom recall petition is filed) 25 be retained in the office of (title of office ) " . The ballot 26 shall provide for a "yes" or "no" vote . 27 (8) If a majority of those voting on said question of the recall of any incumbent from office shall vote "yes " , said in- -58- • - 1 cumbent shall continue in said office ) if a majority shall C2 vote "no" , such incumbent shall thereupon be deemed removed 3 and the vacancy shall be filled as provided in this Charter . 4 5 Section 15 - 4 -- Initiative and Referendum. 6 The people of Weld County reserve to themselves the powers of 7 initiative and referendum, by petition , to have a law, proposed 8 law, or amendment of a law, submitted for the registered voters 9 of the county to approve or reject at the polls . An ordinance 10 or resolution may be initiated by petition , or a referendum on 11 an enacted ordinance or resolution may be had by petition , 12 or the Board on its own motion in enacting an ordinance or resolution 13 may provide for a referendum thereon . O14 The referendum shall apply to all ordinances and resolu- 15 tions , passed by the Board, except ordinances making the tax 16 levy, making the annual appropriation , calling a special election 17 or ordering improvements initiated by petition and to be paid 18 for by special assessments . Measures passed as emergency mea- 19 sures shall be subject to referendum like other measures , except 20 that they shall not be suspended from going into effect while 21 referendum proceedings are pending . F£ , when submitted to a 22 vote of the electors , an emergency measure be not approved by 23 a majority of those voting thereon , it shall be considered re- 24 pealed , as regards any further action thereunder and all rights 25 and privileges conferred by it shall be null and void ; provided , 26 however , that such measure so repealed shall be deemed sufficient authority for any payment made or expense incurred in accordance C28 29 with the measure previous to the referendum vote thereon . -59- 1 (1) Procedure . 2 (a) An initiative or referendum petition shall be 3 signed by qualified electors numbering at least five (5%) per 4 cent of the number of persons who were registered electors as of 5 the date of the last general election , and all signatures on 6 said petition shall be obtained within the twenty-one (21) days 7 prior to the date of filing of the petition with the Clerk . 8 Any such petition shall be addressed to the Board and may be an 9 aggregate of two or more petition papers identical as to content 10 and simultaneously filed by one person . 11 (b) An initiative petition shall set forth , in full , 12 the ordinance or resolution it proposes to initiate and 13 no petition shall propose to initiate more than one ordinance 14 or resolution . A referendum petition shall identify the 15 ordinance or resolution , or part thereof , it proposes to 16 be submitted to the voters for approval . 17 (c) Each signer of a petition shall sign his name , 18 and after his name , the date and his place of residence 19 by street and number , rural route and box number , or by 20 other customary designation , except that a post office 21 box number by itself shall be insufficient . 22 (d) To each petition paper shall be attached an 23 affidavit by the circulator thereof , stating the number of 24 signers and affirming that each signature is the genuine 25 signature of the person whose name it purports to be , and 26 that it was made in the presence of the affiant . Such 27 petition shall be filed with the Clerk who shall , within 28 fifteen (15) days , canvass the signatures thereon. If -60- 1 = the petition does not contain a sufficient number of signa- © 2 3 tures of qualified electors , the Clerk shall notify forth- 4 with by certified mail the person filing such petition and 5 fifteen (15 ) days from such notification shall be allowed for 6 the filing of supplemental petition papers . 7 (e) A referendum petition shall be void unless 8 filed in the first instance with the Clerk within thirty (30) 9 days after the effective date of the ordinance or resolu- 10 tion to which such petition refers . The time for review 11 of the petition papers , if necessary , shall not render the 12 petition void because of the aforesaid time limit . When 13 a petition with sufficient signatures is filed within the 14 time allowed , the Clerk shall present the petition to the 15 Board at its next regular meeting . ® 16 (2 ) Board Action . 17 Upon presentation to the Board of an initiative or referen- 18 dum petition , the Board shall , within thirty (30) days, either : 19 (a) Adopt the ordinance or resolution as submitted 20 by an initiative petition ; 21 (b) Repeal the ordinance or resolution , or part 22 thereof , referred to by a referendum petition ; 23 (c) Submit the proposal provided for in the petition 24 to the electors . 25 (3) Submission to Electors . 26 Should the Board decide to submit the proposal to the 27 electors , it shall be submitted at the next general election 28 held in the county or , at the discretion of the Board , at a ® 29 special election; provided , however , that if no general or special -61- election is to be held in the County within 120 days after presenta- 2 tion thereof , the Board shall call a special election to be held 3 within sixty (60) days . 4 - (a) The presentation to the Board of a valid and 5 sufficient referendum petition shall automatically suspend /ti-7 6 the operation of the ordinance or/resolution in question 7 pending repeal by the Board or final determination by 8 the electors , except as heretofore provided with regard y to emergency measures . 10 (b) The result of all elections held under the 11 provisions of this section shall be determined by a majority 12 vote of the electors voting thereon . 13 (c) An ordinance or resolution adopted by the elec- c�✓4 torate through initiatory proceedings may not be amended 15 or repealed by the Board for a period of two years and a 16 resolution or ordinance repealed by the electorate may 17 not be re-enacted by the Board for a period of two years . 18 (d) If two or more ordinances or resolutions adopted 19 at the same election shall have conflicting provisions , 20 the provisions in the ordinance or resolution receiving 21 the highest number of affirmative votes shall prevail as 22 to such conflict and the adopted ordinance or resolution receiving the lesser number of votes , to the extent it is 23 severable , shall nevertheless be effective except as to 24 25 the matters of conflict or inconsistency . (e ) The Board shall not refer more than five measures 26 C27 to the people at any general election . The number of 28 measures to be submitted at a special election shall not be limited . -62- 29 7r ARTICLE XVI © GENERAL PROVISIONS 1 Section 16 - 1 -- Continuity of Government . 2 The Board shall provide for continuity of government in the 3 event of a disaster . It shall prescribe procedures which will 4 preserve representative government and provide an orderly line of 5 succession of authority when disaster makes such measures necessary . 6 In no case will such temporary occupancy of elective offices 7 extend beyond the next scheduled gc neral. election . 8 9 Section 16 - 2 -- Eminent Domain. 10 The county shall have the powers of eminent domain to the 11 fullest extent authorized by state law. 12 13 Section 16 - 3 -- Bonding of Officers . 14 Members of the Board and such other officers or employees 15 as the Board may require and as required by this Charter shall 16 give bond in an amount and with surety prescribed by the Board, 17 or as required by law. The premiums on such bonds shall be paid 18 by the county, and the bonds shall be filed with the County Clerk . 19 The amount of each bond shall be re-established prior to each election. 20 21 Section 16 -- 4 -- Invalidity of Part -- Severability . 22 If a court of competent jurisdiction shall , by final judgment , 23 hold any part or provision of this Charter to be_ invalid or 24 unconstitutional , all other provisions of this Charter shall be C25 26 -63- 1 considered to he• severable and shall not be affected thereby and ®2 the effect of such decision shall not extend beyond that required 3 by the court ' s ruling . 4 5 Section 16 - 5 -- Article and Section Titles . 6 The Article and section titles of this Charter are inserted 7 for reference and convenience only and shall not be construed to 8 limit , prescribe , or in any way control the scope or intent 9 of any provision therein . 10 11 Section 16 - 6 -- Public Notice . 12 Notice to the public of ordinances and of certain official acts , 13 events , determinations , proceedings or meetings shall be given . Un- C14 less defined otherwise in the ordinances , rules or laws pertaining 15 to the procedure to which the public notice relates , public notice 16 may be by publication in a newspaper of general circulation in the 17 County or by such other media and in such form as may be prescribed 18 by the Board . When the notice informs the public of some event 19 to take place in the future, it shall be published at least five 20 days prior to such event . 21 22 Section 16 - 7 -- Vacancy . 23 Every elective county office shall become vacant , on the 24 happening of any one of the following events , before the expiration 252 of the term of office : 26 (1) The death of the officer . C27 (2 ) The resignation of the officer . fir+ 28 (3) The removal of the officer , by recall or otherwise . 29 (4) The officer ceasing to he a resident of Weld County , 1 to be a resident of the district from which elected . ® 2 (5) The officer ' s refusal or neglect to take his oath of 3 office , or renew his official bond , or to deposit such oath and 4 bond within the time prescribed by law. 5 (6) The final decision of a competent tribunal , declaring 6 void an officer' s election or appointment . 7 (7) The final decision of a competent tribunal finding an 8 officer guilty of a crime . 9 10 Section 16- 8 -- Boards -- Composition . 11 The members of all appointive boards and commissions shall 12 be broadly representative of the community and geographic area 13 served. C14 (1) The members of all appointed boards and commissions 15 shall be appointed for three (3 ) year terms . 16 (2 ) No person shall serve more than two consecutive 17 terms on any one appointive board or commission . 18 (3) No person who has been an elected officer of the 19 County shall be appointed to an appointive board or commission 20 until one year after leaving office . 21 (4) Policy recomdations of advisory boards shall be 22 considered by the Board and either accepted or rejected . 23 If rejected in whole or in part , the reasons for such rejection 24 shall be stated and made a part of the Board' s records , open to• the public . 25 26 27 Section 16-9 -- Conflict of Interest . 28 (1) General : No County officer , member of an appointed Board, or employee shall have any interest in any enterprise or organiza- 29 1 tion doing business with Weld County which might interfere with the un- 2 biased discharge of his duty to the public and the best interest of the 3 County . This restriction shall not apply where the officer, member 4 of an appointed board , or employee ' s department has no direct contact 5 nor business transaction with any such enterprise or organization. 6 (2 ) Specific : 7 (a) No employee of the Central Purchasing Division shall 8 have any interest in any enterprise or organization doing business g with Weld County . 10 (b) Neither the Treasurer nor employees of the Treasurer ' s 11 office shall have any proprietary interest in any financial institu- 12 tion in which the County maintains deposits . 13 14 Section 16 - 10 -- Definitions . 15 Unless the context otherwise requires , the words or phrases 16 defined herein shall be given the meaning set forth in this 17 section . 18 (1) Affidavit -- A statement verifying the truth of the matters 19 stated, and sworn to before a person authorized by law to administer 20 oaths . 21 (2) Administrative code -- A compilation of Board policies , 22 directives and administrative procedures which relate primarily 23 to internal functioning and to the conduct of county government , 24 in regard to the public at large . 25 (3) Agency -- Any board , bureau , commission , department , 26 division , or other organizational unit in the administrative branch �+ 27 of county government . �y 28 (4) Appropriation -- An authorization by the Board to expend 29 -66- from public funds a specific maximum sum for a specified purpose and 2 during a specified time . 3 (5) Board -- The Board of County Commissioners . 4 (6) Candidate -- Any person seeking nomination or election 5 to any public office . 6 (7) Chairman -- The Chairman of the Board. 7 (8) Classification plan -- As related to the personnel system, 8 the assignment of positions into occupational groups and series g of classes determined by description of a class of positions which 10 defines the class title and distinguishes one class of positions 11 from other classes . It gives examples of typical duties and 12 responsibilities found at its grade level , and defines minimum 13 skills , knowledges , abilities , and education required. C4 ilA9) Clerk -- The County Clerk . 15 (10) Commissioner -- A member of the Board . 16 (11) Council -- The County Council . 17 (12) Councilman -- A member of the Council . 18 (13 ) County -- Weld Countya Colorado. 192 (14) Crime -- A felony or a class 1 or 2 misdeameanor as 20 defined by state law, or a comparable federal crime or crime in some 21 other state . Does not include petty or traffic offences . 22 (15 ) Department -- One of the major organizational units of 23 the County. 24 (16) Division -- A primary subdivision of a department . 25 (17) Emergency Ordinance -- An ordinance , the passage of 26 which shall be necessary to the preservation or protection of public health, property, or safety . 28 (18) Employees -- All persons in county service who are not 29 officerc . - c7 1 (19) Initiative -- The provision whereby legislation may be initiated by petition and submitted to the voters for approval 3 or rejection at the polls . 4 (20) Law -- State law. 5 (21) Masculine gender -- Includes feminine gender . 6 (22) May -- Is considered permissive . 7 (23 ) Officer -- An elected official of the county . 8 (24 ) Person -- An individual , firm , association or corporation . 9 (25) Personnel policies -- As related to the personnel system , 10 statements relative to the general management and procedure of the 11 personnel system . 12 (26) Personnel rules -- As related to the personnel system, 13 regulations and guidelines covering and concerning all , or most , 14 relations between employee and employer . (27) Personnel System -- The County personnel policies , rules 16 and regulations , job classifications and compensation plans . 17 (28) Primary Employment -- Availability at all times to 18 conduct County business without interference of other occupational 19 activities . 20 (29 ) Public Notice -- Notice as defined in this Charter. 21 (30) Qualified elector -- A person entitled to vote at a 22 general election , if registered, and if not registered, otherwise 23 eligible to vote ; the term is synonymous with qualified voter . 24 (31) Recall -- The provision whereby a group of electors may , 25 by petition , require that an election be held to allow the voters 26 to determine if a County officer should be removed from office . 27 (32) Referendum -- The provision whereby any ordinance or Q8 resolution, or part thereof, enacted by the Board may be referred 29 to the voters of the County to approve or reject at the polls . -68- 1 (33 ) Shall -- Is considered mandatory . Q (34) State -- State of Colorado . 3 (35) State law, laws of the state , or laws -- All legislation 4 governing Colorado , including the provisions of the State Constitu- 5 tion . References to State laws shall be construed as continuing 6 references to them as they may be amended from time to time . C C -69- • ARTICLE XVII AMENDMENTS TO CHARTER 1 Section 17 - 1 -- Procedure to Amend or Repeal Charter . 2 (1) Action to amend this Charter shall be initiated by : 3 (a) A petition or petitions signed by at least five 4 per cent of the qualified electors of the county ; or 5 (b) A resolution adopted by the Board submitting the pro- 6 posed amendment or amendments to the qualified electors . 7 (2 ) Action to repeal this Charter or to form a new charter 8 commission may be initiated by a petition signed by at least fifteen 9 per cent of the qualified electors of the county . to (3) Within thirty days of initiation of a proposed amendment, C11 repeal , or charter convention measure , the Board shall publish 12 notice of and call an election to be held not less than thirty nor 13 more than one hundred twenty days after said publication . The text 14 of any proposed amendment shall be published with said notice . 15 (4) If the proposal is for a charter commission , the election 16 shall be scheduled at least sixty days after publication of the 17 notice . The procedure for the forming and functioning of a new 18 charter commission shall comply as nearly as practicable with pro- 19 visions relating to formation and functioning of an initial charter 20 commission. 21 (5) If a majority of the electors voting thereon vote for a 22 proposed amendment , the amendment shall be deemed approved. If a 23 majority of the electors voting thereon vote for repeal of the 24 charter, the charter shall be deemed repealed and the County shall 25 proceed to organize and operate pursuant to the statutes applicable 26 to statutory count.jc . -70- 1 (6) A proposed amendment to the Charter shall be confined to 2 a single subject which shall be clearly expressed in its title . 3 (7) No proposal for a charter commission , charter amendment, 4 or repeal of a charter shall be initiated within twelve months after 5 rejection of a substantially similar r proposal . No proceeding con- 6 testing the adoption of a Charter amendment shall be brought unless 7 commenced within one hundred eighty days after the election adopting 8 the measure . 9 10 Section 17 - 2 -- Conflicting Amendments . 11 If there is any conflict or inconsistency between amendments 12 voted upon at the same election and more than one of said amendments 13 is adopted , then the amendment receiving the largest number of votes 14 shall prevail as to such conflict or inconsistency and the adopted C15 amendments receiving the lesser number of votes shall, if 16 severable , be nevertheless effective except as to the matters of 17 conflict or inconsistency. 18 • -71- ARTICLE XVIII TRANSITIONAL PROVISIONS Section 18 - 1 -- Purpose of Article. The provisions of this Article relate to the transition from the existing form of government to the form of government established by this Charter . Where inconsistent with the fore- going articles in this Charter, the provisions of this Article shall constitute exceptions thereto . Section 18 - 2 -- Effective Date of Charter . Upon its adoption , this Charter shall become effective on the first day of January , 1976 , except as these transitional provisions require earlier or later implementation . C Section 7.8 - 3 -- Transition of Elective County Offices . After adoption of this Charter , the status of elective officers shall be as follows : (1) Incumbent County Commissioners shall continue to serve as Commissioners of districts numbered one , two and three until such time as their terms of office would have expired if this Charter had not been adopted . (2 ) All other existing elective officers , as provided for in this Charter , shall continue to serve in their respective offices until such time as their term of office would have expired if this Charter had not been adopted . Section 18 - 4 -- Elections to Fill New Commissioner Positions . A special election shall be held following adoption of this 1 Charter and prior to December 15 , 1975, at which Commissioners C2 shall be elected as follows : 3 (1) One Commissioner at large shall be elected for a one year 4 term beginning January 1 , 1976. At the next general election in 5 November, 1976, two Commissioners , one each from geographic districts 6 numbered one and three and one Commissioner elected at large shall 7 be elected for four year terms . 8 (2 ) One Commissioner at large shall be elected for a three 9 year term beginning January 1 , 1976 . At the general election 10 in November , 1978 , one Commissioner from geographic district numbered 11 two and one Commissioner at large shall be elected for four year 12 terms . 13 (3) In subsequent elections , Commissioners shall be elected 14 for four year terms , pursuant to section 3-4 of this Charter. C15 16 Section 18 - 5 -- Elections to Fill New County Councilman Positions. 17 At the special election to be held , as provided in section 4 18 of this Article , Councilmen shall be elected as follows : 19 (1) One councilman from geographic district numbered two and 20 one councilman at large shall be elected for a one year term beginning 21 January 1 , 1976 . At the next general election in November, 1976, they 22 shall be elected for four year terms . 23 (2) Two councilmen, one each from geographic districts numbered 24 one and three and one councilman at large shall be elected for a 25 three .year term beginning January 1 , 1976. At the general election 26 in November , 1978 , they shall be elected for four year terms . 27 (3) In subsequent elections , councilmen shall be elected for © 28 four year terms as provided in section 13-3 of this Charter. -73- 1 Section 18 - 6 -- Salaries . ©2 Until otherwise established as provided by this Charter , 3 the salaries of all elective officials shall remain the same as 4 they existed on the effective date of this Charter. 5 6 Section 18 - 7 -- Prior Legislation and Policies . 7 All resolutions , motions , rules and regulations which are 8 not inconsistent with the terms of this Charter, and which are 9 in force on the effective date of this Charter, shall continue in 10 force until repealed or amended . Existing resolutions which enact 11 legislative measures shall be considered to be ordinances under this 12 Charter . 13 14 Section 18 - 8 -- Existing Contracts . . C15 (1) All rights , claims , actions , orders, contracts and legal 16 or administrative proceedings shall continue except as modified pur- 17 suant to the provisions of this Charter , and in each case shall be 18 maintained, carried on or dealt with by the county department , office 19 or agency appropriate under this Charter . 20 (2) Nothing in this Charter shall abridge the rights , duties , 21 or obligations heretofore obtained or incurred by contract or ordin- 22 ance and legally entered into or passed by the county. 23 24 Section 16 - 9 -- Continuation of Employment . All appointed employees of the county holding office on the 25 26 effective date of this Charter shall continue to be employed 27 at their existing salaries , subject to the provisions of this C28 Charter and of the personnel system regulations adopted pursuant 29 thereto. -74- C1 Section 18 - 10 -- Appointive Boards and Commissions . 2 All appointive boards and commissions whose functions have not 3 been transferred by this Charter to another agency or department, 4 or otherwise dealt with by this Charter , shall continue to function 5 until otherwise determined by the Board. 6 7 Section 18 - 11 -- Continuation of Programs . 8 All functions , operations , and programs now being conducted by 9 the County may continue until otherwise provided by the Board. 10 11 C -75- Hello