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RECORD OF PROCEEDINGS 100 Leaves
MINUTES
WELD COUNTY HOME RULE CHARTER
AMENDMENT STUDY CCMMI'nn •
May 18, 1977
The Weld County Hone Rule Charter Amendment Study Committee met in regular
session in the 3rd Floor Meeting Roan of the Weld County Centennial Center,
Greeley, Colorado, on Wednesday, May 18, 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
Verdie Peddyeoe ,Vice-Chairman
William Butler
Dick Boettcher
John Kunanan
Blair Macy (arrived 7:30 P.M. )
Wayne Brown
Helen Norton
Barbara Sloan
Also present:
Assistant County Attorney, P. Kay Norton: Secretaries, SandyMoorhouse and
Cathy Carter; Tao members of the Press.
MINIMS APPROVED: After minor corrections were noted, the Charter Comnittee
unanimously approved the minutes of the April 25, 1977 meeting of the Home
Rule Charter Amendment Study Committee.
Gordon Lacy asked if there were comments regarding the points covered
during the last meeting. There were none. The Committee resumed reviewing
the Charter beginning on Page 21, Article IV, Section 4-3, Department of Health
Services. The major areas of discussion are itemized below: (Use the Hone
Rule Charter for reference. )
ARTICTF IV, Departments of County Government
Section 4-3, Department of Health Services.
Barbara Sloan expressed concern with (3) (d) Health Board members only being
allowed to serve two consecutive terms.
Section 4-4, Department of Planning Services.
Discussion centered on (2) (b) and (4) (f) of this section. Kay Norton. stated
that she did not believe either of these areas were of serious concern but
that both seemed to imply the Planning Commission had more authority than it
actually does and some clarification would be beneficial.
Gordon Lacy and Kay Norton explained the functions and duties of the members
of the Board of Adjustments (B). Kay Norton pointed out that an informal legal
opinion had been issued designating the Board of Adjustments as the final board
of appeals on zoning variances. Gordon Lacy expressed the opinion that the
Board of Adjustments was beneficial because it provided the citizens one last
appeal to their peers on variances before going to the court system. These areas
will be studied later..
Section 4-5, Department of Engineering Services.
Questions were asked about (1) qualifications for County Engineer. It was the
general consensus of the conittee members that the wording of this section is
ambiguous and could cause problems in hiring. This will be an area for study.
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.Section 4-6, Department of Communication Services.
The Committee discussed the duties and responsibilities of the Commnication
.Services Department and Director. William Butler questioned why the Extension
Service was listed under this department; Barbara Slow suggested the Library
be under this department.
ARTICLE V; Department of Law, Section 5-2, Qualifications.
,The Study Committee indicated they thought the qualifications for County Attorney
.were too limiting and more latitutde should.be allowed when hiring. They discussed
the possibility of reducipg the number • of years of experience required and the
rewording of the sentence on residency. It was decided to study this area in more
detail.
.Section 5-3, Duties.
John Kaman stated that he had problems with the issuing of formal written
opinions because they were open to the public and gave opponents of the county an
undue advantage in legai'cases. Kay Norton explained that to date the county has
not issued any formal written opinions of law but have issued informal written
opinions. She noted that informal opinions of law may be protected fran public
scrutiny in some cases by the attorney-client privilege. .Kay Norton suggested this
section could be reworded to specifically reserve the protection of the attorney-
client privilege for formal opinions of law.
Section 4-5, Special Counsel.
William Butler noted his concern with this section. Kay Norton stated to committee
m?ntrs that special counsel was appointed in highly complex cast-Ps where specialists
in certain fields: ere..ne®ded. William Butler asked if special counsel could be
hired instead of using the District Attorney's Office. Kay Norton said that
anyone has the right to hire a private attorney but it would be at their own expense.
it was questioned if contracting for special counsel would have to go through the
ordinance procedure. Thie.area will be listed as one for future study.
ARTICLE VI, Elective Officers.
rick Boettcher asked tbe members to consider the possibility of appointing some
Of the officials that are..wv elected. Be stated that many places are going to
this especially in the law enforcement area. Blair Macy said that he saw a danger
in making government too practical and taking the decision making process out of
the hands of the voters. Discussion on this will take place at a later date.
WICLE VII, County Assessor, Section 7-1, Bond.
ayne Brown asked Kay Norton why and who required county officials to file bonds.
Kay Norton explained that it was under state statute and was considered a performance
bond. Elected officials must provide their own bonds.
Section 7-3, Chief Deputy.
General discussion was held regarding the qualifications for Chief Deputies in
Elected Officials' :offices,, John Kunzm n reiterated his belief that it was
discriminatory to allow erected officials time off to run for public office but
require county employees to take a leave of absense if they wanted to run. Helen
Norton stated that she thought requirements for Chief Deputies were needed in each
Raected Official's Office but would like to see the number of years of experience
gonsistent throughout the Charter.
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ARTIC•TF IX, County Coronet Section 9-1, Duties.
The Committee members held a general dismission on the duties of the County
Coroner and the possible need for a County Pathologist. William Butler
suggested this elective office could be put under the Health Department or
the Sheriff's Office.
RRTICLE X, Sheriff.
Kay Norton stated that there had been questions regarding who has authority
over county employees in Elected Officials' Offices. She explained that it
Was the general rule that elected officials should run their own offices, as
provided by state law. This area will be studied later. Kay Norton noted
that the Hans Rule Charter gives counties the right to transfer powers among
County officials but not abolish powers.
ARTICLE XIII, County Council.
Committee members generally believed that the County Council was a good concept
but did not seem to be working out in reality.
Section 13-8, powers and Duties.
cordon Lacy expressed concern with (6) in this section. Barbara Sloan noted
it seemed too broad. Wayne Brown stated that he was uncertain on the amount
4f authority given the County Council. Gordon Lacy said this area needed detailed
udy and suggested the Cctnittee members meet with the parties involved
Commissioners, Council, and Charter Commission Members) before they make changes.
ick Boettcher asked where the Council's power would be transfe,.xed if the
unty Council were abolished. Kay Norton said that this would have to be spelled
t or some of the power could revert back to the state.
��TTICLE XIV, Finance and Budget.
Itay Norton discussed the operation of Section 14-7, Limitation on Annual Tax
Davy, in comparison with state law relating to non-home rule counties. After
general discussion by the Committee, they decided to study this area in detail.
Iytion 14-9, Bidding.
Norton explained sane of the problems that arose during the Big Thompson
ood concerning the bidding procedures. She said that there were emergency
cpntracts that needed to be let but procedures were not provided for in the
Carter to handle the situation. Gordon Lacy said that he could see the_need
for an emergency bidding procedure and Committee members decided to take this
section up at a later date.
oofICLE XV, Election, Section 15-4, Initiative and Referendum.
istant County Attorney Kay Norton explained the avenues
Weld County to submit amendments to the Charter for consideration citizens
onatt the
next general election.
ASTICLE XVI, Section 16-9, .Conflict of Interest.
Jhn Kunanan asked for clarification on line 18-20 of (3). Kay Norton said
tris meant the Council was the final administrative level for judgement before
if went to court. Wayne Brown stated that it seemed to give the County. Council
mere authority than the Board of County Commissioners. John Kunanazi asked
Key Norton to supply him With a copy of the state statute on Conflict of Interest
at the next meeting.
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This concluded the review of the Charter. The (1m ;ttee members decided at
their next meeting they would categorize their areas of concern during the
first hour. They will invite the County Ccnmissioners to meet with then during
the remaining time to dimes the Board's concerns or possible changes in
the Charter. Gordon LaCy stated that he would contact the Chairman of the
Board to issue the invitation to meet with the Charter Study Committee.
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The Committee decided to hold its next meeting on June 22, 1977,at 7:00 P.M
instead of June 15, 1977, because of the comber of conflicting conmitments by
the members on the originally scheduled date.
On motion duly made and seconded, and there being no further business, the
Geeting was adjourned at 9:20 P.M.
APPROVED:
WELD COUNTY ROME RULE CHARTER
AMENDMENT STUDY CCNMIlall
7/416;
Vice-Chairman
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