HomeMy WebLinkAbout750477.tiff MEMORANDUM OPINION
TO: Board of County Commissioners, Weld County, Colorado
FROM: Samuel S. Telep, County Attorney
REGARDING: Members of Boards, 1976
QUESTION PRESENTED: Will the Board of County Commissioners need to replace
board members as of January 1, 1976?
ANSWER: No, if the current boards meet the qualifications as stressed in
the Weld County Home Rule Charter.
DISCUSSION:
BOARD OF ADJUSTMENTS and PLANNING COMMISSION requisites
are expressly answered in the Weld County Home Rule Charter in Section 4-4,
which states, among other things, that:
"The Board of County Commissioners shall appoint
a Planning Commission consisting of nine persons.
Such Commission shall be chosen as follows:
The Board of County Commissioners shall determine
six geographic areas and appoint one member from
each of the geographic areas. Each member shall
reside within the geographic area from which he is
appointed at the time of his appointment and during
his term. Three members shall be appointed from
the County at large. The geographic boundaries may
be adjusted from time to time by the Board of County
Commissioners. The term of office shall be for
three years, said terms to be staggered so that two
members from each geographic area and one member at
large are appointed each year. The Board of County
Commissioners shall make the initial appointments
for one, two and three years, in order to initiate
the staggered terms. No person shall serve more
than two consecutive terms as a member.
The Board of Adjustments shall consist of nine
members, appointed in the same manner and for the
same terms as the Planning Commission."(emphasis added)
BOARD OF PUBLIC HEALTH, Weld County Home Rule Charter
Section 4-3, which states, among other things, that:
"The Board of County Commissioners shall appoint
a Board of Public Health consisting of nine persons.
Such board shall be chosen as follows:
The Board of County Commissioners shall determine
six geographic areas and appoint one member from each of
the geographic areas. Each member shall reside within
the geographic area for which he is appointed at the time
of his appointment and during his term. Three members shall
be appointed from the county at large. The geographic
boundaries may be adjusted from time to time by the
Board of County Commissioners. The term of office shall
be for three years, said terms to be staggered so that
two members from geographic areas and one member at large
are appointed each year. The Board of County Commissioners
shall make the initial appointments for one, two and three
years, in order to initiate the staggered terms. No person
shall serve more than two consecutive terms as a member."
(emphasis added)
750477
1 CONTINUED
HOSPITAL BOARD OF TRUSTEES, Weld County Home Rule Charter
Section 4-3, which states, among other things, that:
"Except as provided herein, the administration of
Weld County General Hospital shall remain as provided
by law and the rules and regulations of the Board of
Trustees, and they shall be directly responsible to
the Board of County Commissioners.
Because no mention is made with respect to the number of
Trustees it is my opinion that the C. R. S. 1973, 25-3-302 (1) prevail.
"There shall be appointed by the Board of County
Commissioners 7 public hospital trustees. They must
be chosen from the citizens at large with reference
to their fitness for such office, all of whom shall
be residents of the county and none of whom shall be
practicing physician or an elective or appointive
state, county or city official. Not more than four of
said Hospital Trustees shall be residents of the city
or town in which said hospital is to be located."
However, as stressed in the Weld County Home Rule Charter,
Section 4-3, which states, among other things, that:
"members of the Hospital Board of Trustees shall be
appointed for three years terms and no person shall
serve more than two consecutive terms." (emphasis
added)
OTHER BOARDS not specifically named in the Weld County
Home Rule Charter may be created within Section 3-8 (h) .
"Create such agencies, boards and commissions
as the Board may deem necessary or as may be
required by state law and appoint the members
thereof." (emphasis added)
Section 16-8
"The members of all appointive boards and commissions
shall be broadly representative of the community and
geographic area served.
(1) The members of all appointed boards and
commissions shall be appointed for three years terms.
(2) No person shall serve more than two consecutive
terms on any one appointive board or commission.
(3) No person who has been an elected officer of
the County shall be appointed to an appointive board or
commission until one year after leaving office.
(4) Policy recommendations of advisory boards shall
be considered by the Board and either accepted or rejected.
If rejected in whole or in part, the reasons for such
rejection shall be stated and made a part of the Board's
records, open to the public." (emphasis added)
CONTINUED
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CONCLUSION: Accordingly, it is the opinion of this office that, pursuant
to the above, the Board of Adjustments, Planning Commission and Board of
Health probably should be reorganized. The procedures for the 1976
appointments as stated above should be followed in toto, and as mandated
in the Weld County Home Rule Charter.
With respect to the Hospital Board of Trustees, the Board
of County Commissioners probably should reappoint those members to meet
the Weld County Home Rule Charter provision as provided in Section 4-3.
Also, the boards not specifically mentioned in the Weld
County Home Rule Charter should be reviewed and, if necessary, be revised
to meet the composition as designated in Section 16-8.
I trust that I have satisfactorily answered your inquiry.
Respaet€n3ly sub i:tted,
// 7 V J
amue . Telep
County Attorney
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