HomeMy WebLinkAbout770748.tiff RECORD OF PROCEEDINGS 100 Leaves
I09Mw C.E.X0ECMEL 8.0.B L.CJ.
MINUTES
WED COUNTY HOME RULE CHARTER
AMENDMENT STUDY COMMI1111,
July 20, 1977
The Weld County Hare Rule Charter Amendment Study Committee met in regular
session in the Third Floor Meeting Roan of the Weld County Centennial Center,
Greeley, Colorado, on Wednesday, July 20, 1977 at the hour of 7:00 P.M.
ROLL CALL: The meeting was called to order by Chairman, Gordon Lacy, and
on roll call, the following members were present, constituting a quorum of
the members thereof:
Gordon Lacy, Chairman
John Kunznaan
William Butler
Dick Boettcher
Blair Macy
Helen Norton
Barbara Sloan
Wayne Brown
Chairman Gordon Lacy noted for the record that Vice Chairman Verdie Peddycord
had advised him she would be unable to attend the meeting.
Also Present:
Assistant County Attorney, Kay Norton; Secretary, Sandy Moorhouse; and two
members of the press.
MINUTES APPROVED: The minutes of June 22, 1977 were approved as written with
one correction,that being on Page 1, under Minutes Approved. John Kunaman
requested it be reworded to read "John Kunaman thinks the County Attorney has
problems if he has to issue formal written opinions. . .".
Chairman Lacy suggested and no one objected to the committee discussing the
items brought out at the last meeting by the County Commissioners.
There was general discussion about inviting the County Council and the original
Charter Commission members to meet with the Committee to go over their areas
of concern in the Charter. It was decided to invite the Council to the August
17th meeting and the original Charter Commission members to the September 21st
meeting. In August, the Coa ittee members will make a decision on whether to
hold an additional meeting prior to September 21st to discuss the comments
received from the Council members.
Following these meetings, Chairman Lacy suggested the Committee list the points
requiring changes. Be stated they should be prepared to begin writing amend-
\ ments in March or April of 19 for presentation to the Board of Commissioners
in August or September of 19'; It was noted the amendments must be submitted
for the ballot 60 days prior to the general election.
-Article XIV, General Provisions, Section 16-9, Conflict of Interest.
C amittee members discussed the comments of the Commissioners in great detail.
It was questioned who was :the final authority to decide conflict of interest
matters, the Council, the Commissioners, the Study Committee, the courts or
the state. Kay Norton replied she was of the opinion the original Charter
Commission members intended this section to make sure all administrative
avenues of appeal were exhausted before the question was taken through the
court system.
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July 20, 1977
Conflict of Interest (Cont. )
Ms. Norton also said the state law is a criminal statute and therefore has
much narrower standards than the Charter. She told the mothers the Attorney
General is reluctant to issue an opinion of this nature when only one county
is involved, and that the Weld County District Court has already refused to
judge the validity of the conflict of interest portion of the Charter until
a person aggrieved by a decision of the County Council brings an action for
review.
The Conuiittee members found confusion has arisen because of the actual
determinations made by the County Council, because of the inconsistencies
in dealing with different issues, and the uncertainties of the Commissioners'
role.
Gordon Lacy said the Committee's duty was to decide if the Charter should
contain a conflict of interest section and if so, should there be changes
in the present wording.
Attorney for the Committee
At this point in the meeting, Mr. Lacy raised the question of hiring an
attorney to advise them on the legal issues when they begin writing the amendments.
He told the members he thought because the County Attorney's Office had been
working with the Charter and issuing opinions during the implementation, an
outside attorney would be advisable.
Article III, Board of County Commissioners, Section 3-14, Ordinances.
Chairman racy asked the members if they thought the ordinance section was
too restrictive for the administration of county business and if so, what
suggestions for change did they have. Wayne Brown stated he would like
to see a dollar figure established and all contracts over that annunt be
required to go through the ordinance procedure.
Kay Norton said she thought the ordinance provision was needed but procedural
changes could be made to make it a more manageable process.
Committee members decided this section of the Charter is working as now
written and the Commissioners have the option of using the emergency ordinance
procedure when necessary. It was agreed the Board was elected to make judgement
decisions and could do so under the process of this section.
Article IV, Department of County Government, Department of Law, Section 5-2,
Qualifications.
The Committee expressed differing views on changes in this section. Some
believed the 5 years experience qualification should be retained; others felt
it was too restrictive on the Board when hiring. Bill Butler pointed out
that for every job, criteria are set up to use as a guideline. Many times
a person without all the qualifications would be best for the job but is not
considered because he does not moot all the criteria. He does not feel the
five year requirement is necessary and thinks the Board of Comiissioners can
set their own qualifications. This section will be discussed in more detail
at a later date.
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Page 3
July 20, 1977
County Manager
Commissioner Steinmark's suggestion of a county manager was discussed by
the Study Committee. Barbara Sloan noted the Rn2rd of Commissioners handles
many decisions involving a large amount of money and she would like to coo
someone with expertise in many fields available to offer opinions during the
decision making process.
Article XVIII, Section 18-2, Effective Date of Charter.
Kay Norton advised the members this section was necessary and should remain
a part of the Charter. The Committee agreed and no changes will be made.
Article XIV, Finance and Budget, Section 14-7, Limitation on Annual Tax Levy.
After discussion, the members decided to leave this section as stated in
the Charter. They believe it gave the Board of Commissioners and the County
Council the flexibility needed and could be implemented as written.
Other Matters Discussed
Dick Boettcher said he would like to see the Committee hire an attorney
instead of seeking a volunteer to work with them on the amendments. Gordon
Lacy will talk with the Commissioners about this matter and have it put on
the agenda for consideration during the 1978 budget session.
Gordon Lacy suggested the members list their areas to be discussed and furnish
the Charter Commission members with this information at the September 21st
meeting. Mr. Lacy will invite the Council to the August meeting and a letter
will be prepared to send to the original Charter Commission members inviting
them to attend the September meeting.
There being no further business, upon motion duly made, the meeting was
adjourned at 8:25 P.M. The next meeting is scheduled for August 17, 1977
at 7:00 P.M.
APPROVED:
WELD CCUNPY HOME RULE CHARTER
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Vice-Chairman
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