The URL can be used to link to this page

Browse Search

Home My WebLink About20092334.tiffRESOLUTION RE: SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER TO THE ELECTORS OF THE ELECTION ON NOVEMBER 3, 2009 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Article XVII, Section 17-1(1)(b) of the Weld County Home Rule Charter provides for the submittal to the qualified electors proposed Home Rule Charter amendments by Resolution of this Board, and WHEREAS, after study and consideration, the Board determines that the following proposed amendment to Article III, Section 3-15 (2) of the Weld County Home Rule Charter, shall be referred to the ballot for the November 3, 2009, Election (highlight shows changes): Section 3-15. Vacancies. (2) A vacancy in any other elected office, except Councilman, shall be filled by appointment by the Board. Said appointee shall be of the same political party as that of the previous officer, as registered as of the date of his election, and the appointment shall be effective for the remainder of the term, and WHEREAS, after study and consideration, the Board determines that the following proposed amendment to Article XIII, Section 3-18 (3) of the Weld County Home Rule Charter, shall be referred to the ballot for the November 3, 2009, Election (highlight shows changes): Section 13-8. Powers and Duties. (3) A vacancy in the Board of County Commissioners shall be filled by appointment by the Council. Said appointees shall be of the same political party as that of the previous officer, as registered as of the date of his election, and the appointment shall be effective for the remainder of the term, and WHEREAS, after study and consideration, the Board determines that the following proposed amendment to Article XIII, Sections 3-9 (4), 3-9 (6), 3-9 (8), and 3-9 (9) of the Weld County Home Rule Charter, shall be referred to the ballot for the November 3, 2009, Election (highlight and strikeout show changes): Section 13-9. Nomination of Councilmen. (4) No petition shall be valid that does not contain the requisite number of names of electors qualified to sign the petition. Any such petition may be amended in this respect at any time prior to seventy-five days before the day of election. (6) Each nomination petition shall be filed with the County Clerk no later than the seventy-fifth day prior to the day of election. Every such petition shall have endorsed thereon or appended thereto the written affidavit of the candidate accepting such cc 2009-2334 BC0013 oci 1,241 of nomination. The acceptance of nomination shall contain the full name and place of residence of the candidate. (8) Procedure for withdrawal shall be as follows: Any person who has been nominated and who has accepted a nomination may cause his name to be withdrawn from such nomination, at any time prior to sixty-five days before election, by a written affidavit withdrawing from such nomination. The affidavit stating withdrawal shall be signed by the candidate and filed with the Clerk. (9) Objections to nominations. All petitions of nomination which are in apparent conformity with the provisions of this Section, as determined by the Clerk, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case objection is made, notice thereof shall be forthwith mailed to any candidate who may be affected thereby. The Clerk shall pass upon the validity of all objections, whether of form or substance, and his decisions upon matters of form shall be final. His decisions upon matters of substance shall be open to judicial review. Said Clerk shall decide objections within at least forty-eight hours after the same are filed, and any objections sustained may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new petition within three days after such objection is sustained, but in no event later than the sixtieth day before the day of election, and WHEREAS, after study and consideration, the Board determines that amendments to corrected references to certain departments, divisions, and director in various Sections of the Weld County Home Rule Charter, shall be referred to the ballot for the November 3, 2009, Election, with said amendments being as follows: a. Change references to the "Department of Finance, Central Purchasing, and Personnel," or the "Department of Finance," in the Table of Contents and in Sections 4-1(1), 4-1(2), 4-1(9), 4-2(Title), 4-2(C), and 14-2O), to the "Department of Finance and Administration." b. Change references to the "Division of Finance and Central Purchasing," in Sections 4- 2(A)(Intro), 4-2(A)(6)(Intro), and 4-2(A)(6)(a), to the "Division of Finance and Administration." c. Change reference to the "Director of Finance and Purchasing," in Section 14-3, to the "Director of Finance and Administration." d. Change references to the "Division of Personnel," or the "Personnel Department," in Sections 4-2(B)(Intro) and 4-2(B)(6), to the "Division of Human Resources." e. Change references to the "Department of Engineering Services," in the Table of Contents and in Sections 4-1(1), 4-1(4), 4-5(Title), 4-5(1), and 4-1(4), to the "Department of Public Works." f. Delete references to the "Department of Communications Services," in the Table of Contents and in Sections 4-1(1), 4-1(4), 4-6(Title), 4-6O), and 4-6(4). g. Delete reference to the "Director of Communications Services," in Section 4-6(2). 2009-2334 BC0013 h. Change references in the Table of Contents to reflect all of the corrected references detailed herein. WHEREAS, the Board further determines that the Clerk to the Board shall publish the full text of the proposed amendments within 30 days of this Resolution, along with notice that the issues of such proposed amendments shall be determined at the Election on November 3, 2009. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the proposed amendments to the Weld County Home Rule Charter which are set forth above, be referred to the ballot for the November 3, 2009, Election, and that the questions regarding such amendments be presented in the forms shown in the attached Exhibit "A." BE IT FURTHER RESOLVED by the Board that the Clerk to the Board publish notice of the election, along with the full text of the proposed amendments, within 30 days of this Resolution in the legal newspaper for Weld County. BE IT FURTHER RESOLVED by the Board that each elector voting at the election and desirous of voting for or against said amendment shall cast his or her ballots as provided by law either "Yes" or "No" on the proposition shown as "QUESTION" in Exhibit "A." The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to t BY: APP z Deputy Clerk to the Co nt Attorney Date of signature' 9/49 EXCUSED William F. Garcia Chair ougla ademach:•r, Pro -Tern Sea P. Conway rbara Kirkmever David E. Long 2009-2334 BC0013 Exhibit "A" WELD COUNTY REFERRED BALLOT QUESTION 1A Shall Section 3-15(2) of the Weld County Home Rule Charter, regarding vacancies in County elected offices other than County Commissioner and Councilman, be amended to require that the appointee be of the same political party as that of the previous officer, "as registered as of the date of his election," such that Section 3-15(2) would read as follows? Section 3-15. Vacancies. (2) A vacancy in any other elected office, except Councilman, shall be filled by appointment by the Board. Said appointee shall be of the same political party as that of the previous officer, as registered as of the date of his election, and the appointment shall be effective for the remainder of the term. WELD COUNTY REFERRED BALLOT QUESTION 1B Shall Section 13-8 of the Weld County Home Rule Charter, regarding a vacancy in office of County Commissioner, be amended to require that the appointee be of the same political party as that of the previous officer, "as registered as of the date of his election," such that Section 13-8 would read as follows? Section 13-8. Powers and Duties. (3) A vacancy in the Board of County Commissioners shall be filled by appointment by the Council. Said appointees shall be of the same political party as that of the previous officer, as registered as of the date of his election, and the appointment shall be effective for the remainder of the term. WELD COUNTY REFERRED BALLOT QUESTION 1C Shall Sections 13-9(4), 13-9(6), 13-9(8), and 13-9(9) of the Weld County Home Rule Charter, regarding the procedures for nominating Councilmen, be amended to advance their time requirements by fifteen days each, such that Sections 13-9(4), 13-9(6), 13- 9(8), and 13-9(9) would read as follows and thereby be consistent with the time provisions in Section 13-9(2), as was amended in the Coordinated General Election on November 7, 2006? 2009-2334 BC0013 Section 13-9. Nomination of Councilmen. (4) No petition shall be valid that does not contain the requisite number of names of electors qualified to sign the petition. Any such petition may be amended in this respect at any time prior to seventy-five days before the day of election. (6) Each nomination petition shall be filed with the County Clerk no later than the seventy-fifth day prior to the day of election. Every such petition shall have endorsed thereon or appended thereto the written affidavit of the candidate accepting such nomination. The acceptance of nomination shall contain the full name and place of residence of the candidate. (8) Procedure for withdrawal shall be as follows: Any person who has been nominated and who has accepted a nomination may cause his name to be withdrawn from such nomination, at any time prior to sixty-five days before election, by a written affidavit withdrawing from such nomination. The affidavit stating withdrawal shall be signed by the candidate and filed with the Clerk. (9) Objections to nominations. All petitions of nomination which are in apparent conformity with the provisions of this Section, as determined by the Clerk, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case objection is made, notice thereof shall be forthwith mailed to any candidate who may be affected thereby. The Clerk shall pass upon the validity of all objections, whether of form or substance, and his decisions upon matters of form shall be final. His decisions upon matters of substance shall be open to judicial review. Said Clerk shall decide objections within at least forty-eight hours after the same are filed, and any objections sustained may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new petition within three days after such objection is sustained, but in no event later than the sixtieth day before the day of election. WELD COUNTY REFERRED BALLOT QUESTION 1D Shall references to certain departments, divisions, and director in various Sections of the Weld County Home Rule Charter be amended to reflect correct names, as follows? a) Change references to the "Department of Finance, Central Purchasing, and Personnel," or the "Department of Finance," in the Table of Contents and in Sections 4- 1(1), 4-1(2), 4-1(9), 4-2(Title), 4-2(C), and 14-2(1), to the "Department of Finance and Administration." 2009-2334 BC0013 b) Change references to the "Division of Finance and Central Purchasing," in Sections 4-2(A)(Intro), 4-2(A)(6)(Intro), and 4-2(A)(6)(a), to the "Division of Finance and Administration." c) Change reference to the "Director of Finance and Purchasing," in Section 14-3, to the "Director of Finance and Administration." d) Change references to the "Division of Personnel," or the "Personnel Department," in Sections 4-2(B)(Intro) and 4-2(B)(6), to the "Division of Human Resources." e) Change references to the "Department of Engineering Services," in the Table of Contents and in Sections 4-1(1), 4-1(4), 4-5(Title), 4-5(1), and 4-1(4), to the "Department of Public Works." f) Delete references to the "Department of Communications Services," in the Table of Contents and in Sections 4-1(1), 4-1(4), 4-6(Title), 4-6(1), and 4-6(4). g) Delete reference to the "Director of Communications Services," in Section 4-6(2). h) Change references in the Table of Contents to reflect all of the corrected references detailed herein. 2009-2334 BC0013 Hello