The URL can be used to link to this page

Browse Search

Home My WebLink About20072639 RESOLUTION RE: SUBMITTING TO THE ELECTORS OF THE GENERAL ELECTION ON NOVEMBER 6, 2007, AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER AND QUESTION REGARDING LIMITATION ON CONSECUTIVE TERMS FOR THE DISTRICT ATTORNEY 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 ("Charter") provides for the submittal to the qualified electors proposed Charter amendments by Resolution of this Board, and WHEREAS,by Resolution#2007-1775,dated June 25,2007,the Board appointed an ad hoc study committee("Study Committee")to study and recommend amendments to the Charter with respect to term limits and other pertinent provisions, and WHEREAS,after study and consideration of the recommendation of the Study Committee, which is attached hereto, the Board determines that the following proposed amendments to the Weld County Home Rule Charter,shall be referred to the ballot for the November 6,2007,General Election (highlight shows additions and strikeout shows deletions): Amend the Charter by adding the following new Sections: Section 6-4. Term of Office. (3) A person appointed to complete a term for a vacant elected office shall not be required to run for election during such term. A term completed by an appointee shall not be considered a"full term"for the purposes of determining limitation on the number of consecutive terms of office the appointee is able to serve. Section 7-4. Terms of Office. No person shall serve more than three full consecutive terms as Assessor. Section 8-3. Terms of Office. No person shall serve more than three full consecutive terms as Clerk and Recorder. Section 10-7. Terms of Office. No person shall serve more than three full consecutive terms as Sheriff. 2007-2639 BC0013 RE: AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER AND QUESTION REGARDING LIMITATION ON CONSECUTIVE TERMS FOR THE DISTRICT ATTORNEY PAGE 2 Amend the below-listed Charter Sections as follows: Section 3-4. Terms of Office. (3) No person shall serve more than three full consecutive terms as a County Commissioner. Section 3-15. Vacancies. (1) A vacancy in the office of County Commissioner shall be filled by appointment by County Council. (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 and the appointment shall be effective for the remainder of the term. Section 6-4. Term of Office. (1) The term of office of each elected office shall commence on the first working day of the year,immediately following the general election at which he is elected,and shall be for four years. (2) The term of office of each elected office shall continue until a successor is elected and qualified. Section 13-3. Terms of Office. (3) No person shall serve more than three full consecutive terms as a Councilman. Section 13-7. Vacancies. (2) A vacancy shall exist when a Councilman dies, resigns, is removed from office, moves from the district from which elected, is incapacitated, recalled, or becomes a candidate for a county elected office or an employee of the County, or when no person has been elected to the position of Councilman. 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,and the appointment shall be effective for the remainder of the term. 2007-2639 BC0013 RE: AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER AND QUESTION REGARDING LIMITATION ON CONSECUTIVE TERMS FOR THE DISTRICT ATTORNEY PAGE 3 WHEREAS,in the case of Davidson v.Sandstrom,83 P.3d 648(Colo.,2004),the Colorado Supreme Court held that the county commissioners of counties located within a judicial district in the State of Colorado have the authority to place on the ballot the question of whether or not the limitation on consecutive terms for the district attorney,as imposed in Article XVIII,Section 11(1)of the Colorado Constitution,should be modified from two consecutive terms to some greater or lesser number, and WHEREAS,after study and consideration of the recommendation of the Study Committee, the Board determines that the question of whether or not to extend to three the term limitation on the number of consecutive terms the District Attorney for the Nineteenth(19th)Judicial District may be elected to and serve shall be referred to the ballot for the November6,2007,General Election,and 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 questions of such proposed amendments,along with the question of the extension of the District Attorney's limitation on consecutive terms to three,will be determined at the General Election on November 6, 2007. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the proposed amendments to the Charter to add Article VI,Section 6-4(3); Article VII,Section 7-4;Article VIII,Section 8-3;and Article X,Section 10-7,and to amend Article III, Sections 3-4(3)and 3-15(2);Article VI,Sections 6-4(1)and 6-4(2),as set forth above, be referred to the ballot for the November 6, 2007, General Election, and that the questions regarding such amendments be presented in the form shown in 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 to the Charter and the question regarding the term limits for the District Attorney, within 30 days of this Resolution in the legal newspaper for Weld County. BE IT FURTHER RESOLVED by the Board that the proposed question of whether or not to extend to three the term limitation on the number of consecutive terms the District Attorney for the Nineteenth(19th)Judicial District may be elected to and serve shall be referred to the ballot for the November 6,2007, General Election,and that the questions regarding such amendments be presented in the form shown in Exhibit"A." 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 propositions shown as "Proposed Questions" in Exhibit"A." 2007-2639 BC0013 RE: AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER AND QUESTION REGARDING LIMITATION ON CONSECUTIVE TERMS FOR THE DISTRICT ATTORNEY PAGE 4 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 20th day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WE� OUNTY COLORADO ATTEST: late#1121 Long, Chair Weld County Clerk to the Board 1861 (17e.-/—/(t . �� o-T'm Deputy Clerk to the Board � � �/r., ' �' • g v lam F. Garcia n • APP AST Robert D. asden unty Attorney -3/ -0 -7 uglys Rademac er Date of signature: 2007-2639 BC0013 Exhibit "A" Proposed Questions for Weld County Home Rule Charter Amendments SHALL THE FOLLOWING NEW SECTION 7-4 BE ADDED TO THE WELD COUNTY HOME RULE CHARTER? Section 7-4. Terms of Office. No person shall serve more than three full consecutive terms as Assessor. SHALL THE FOLLOWING NEW SECTION 8-3 BE ADDED TO THE WELD COUNTY HOME RULE CHARTER? Section 8-3. Terms of Office. No person shall serve more than three full consecutive terms as Clerk and Recorder. SHALL THE FOLLOWING NEW SECTION 10-7 BE ADDED TO THE WELD COUNTY HOME RULE CHARTER? Section 10-7. Terms of Office. No person shall serve more than three full consecutive terms as Sheriff. SHALL SECTION 3-4(3) OF THE WELD COUNTY HOME RULE CHARTER BE AMENDED TO READ AS FOLLOWS? Section 3-4. Terms of Office. (3) No person shall serve more than three full consecutive terms as a County Commissioner. SHALL SECTION 13-3(3) OF THE WELD COUNTY HOME RULE CHARTER BE AMENDED TO READ AS FOLLOWS? Section 13-3. Terms of Office. (3) No person shall serve more than three full consecutive terms as a Councilman. SHALL SECTIONS 6-4(1) AND 6-4(2) OF THE WELD COUNTY HOME RULE CHARTER BE AMENDED TO READ AS FOLLOWS? Section 6-4. Term of Office. (1) The term of office of each elected office shall commence on the first working day of the year immediately following the general election at which he is elected and shall be for four years. (2) The term of office of each elected office shall continue until a successor is elected and qualified. 1 SHALL THE FOLLOWING NEW SECTION 6-4(3) BE ADDED TO THE WELD COUNTY HOME RULE CHARTER? Section 6-4. Term of Office. (3) A person appointed to complete a term for a vacant elected office shall not be required to run for election during such term. A term completed by an appointee shall not be considered a "full term"for the purposes of determining limitation on the number of consecutive terms of office the appointee is able to serve. SHALL SECTIONS 3-15(2), 13-7(2), AND 13-8(3) OF THE WELD COUNTY HOME RULE CHARTER BE AMENDED TO 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 and the appointment shall be effective for the remainder of the term. Section 13-7. Vacancies. (2) A vacancy shall exist when a Councilman dies, resigns, is removed from office, moves from the district from which elected, is incapacitated, recalled, or becomes a candidate for a county elected office or an employee of the County, or when no person has been elected to the position of Councilman. 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, and the appointment shall be effective for the remainder of the term. Proposed Question Regarding Term Limit for the District Attorney for the Nineteenth (19t") Judicial District Meld County) SHALL THE TERM LIMIT IMPOSED IN ARTICLE XVIII, SECTION 11(1) OF THE COLORADO CONSTITUTION ON THE OFFICE OF THE DISTRICT ATTORNEY FOR THE NINETEENTH (19'") JUDICIAL DISTRICT (WELD COUNTY), BE MODIFIED SO AS TO PERMIT AN ELECTED OFFICEHOLDER IN THAT OFFICE TO SEEK AND, IF THE VOTERS OF THE NINETEENTH (19th) JUDICIAL DISTRICT (WELD COUNTY) CHOOSE TO RE-ELECT THAT PERSON TO A THIRD TERM IN OFFICE, TO SERVE A THIRD CONSECUTIVE TERM? 2 ripa TO: Board of County Commissioners of Weld County FROM: Weld County Home Rule Charter Study Committee mac DATE: August 6, 2007 RE: Recommendations for Ballot Questions for 2007 General COLORADO Election The Weld County Home Rule Charter Study Committee ("the Committee")was appointed on June 25, 2007, by the Board of County Commissioners of Weld County, to study possible amendments to the Weld County Home Rule Charter. The Board directed the Committee to consider possible Charter amendments which would set term limits for the elected offices of Assessor, Clerk and Recorder, and Sheriff. The Committee consists of David Delgado, Weld County Commissioner William Garcia, Ed Jordan, UNC Professor Steve J. Mazurana, and Weld County Councilman Gene Stille. The Committee met on July 18, July 30, and August 6, 2007. Public testimony was taken at the July 30, 2007, meeting. In addition to the issue of term limits for the positions of Assessor, Clerk and Recorder, and Sheriff, the Committee considered the term limits for the elected offices of County Commissioners, County Councilman, and the District Attorney for the Nineteenth(19th) Judicial District. The Committee also considered possible Charter amendments to clarify that appointed officeholders are not required to run for election during the appointed term, that appointed terms do not"count against" the number of consecutive full terms the appointed officeholders may serve, and several housekeeping amendments. Based upon discussions among the Committee members and having heard the public testimony, the Committee recommends that the Board place the ballot questions listed in the attached Exhibit"A" on the ballot for the November 6, 2007, General Election for Weld County. )_____-7/?) David Delgado Willis F. G AAA CAne% Ed Jorda Steve J. Mazurana Gene tiLe Attachment pc: Bruce T. Barker 2007-2639 Exhibit "A" Proposed Questions for Weld County Home Rule Charter Amendments SHALL THE FOLLOWING NEW SECTION 7-4 BE ADDED TO THE WELD COUNTY HOME RULE CHARTER? Section 7-4. Terms of Office. No person shall serve more than three full consecutive terms as Assessor. SHALL THE FOLLOWING NEW SECTION 8-3 BE ADDED TO THE WELD COUNTY HOME RULE CHARTER? Section 8-3. Terms of Office. No person shall serve more than three full consecutive terms as Clerk and Recorder. SHALL THE FOLLOWING NEW SECTION 10-7 BE ADDED TO THE WELD COUNTY HOME RULE CHARTER? Section 10-7. Terms of Office. No person shall serve more than three full consecutive terms as Sheriff. SHALL SECTION 3-4(3) OF THE WELD COUNTY HOME RULE CHARTER BE AMENDED TO READ AS FOLLOWS? Section 3-4. Terms of Office. (3) No person shall serve more than three full consecutive terms as a County Commissioner. SHALL SECTION 13-3(3) OF THE WELD COUNTY HOME RULE CHARTER BE AMENDED TO READ AS FOLLOWS? Section 13-3. Terms of Office. (3) No person shall serve more than three full consecutive terms as a Councilman. SHALL SECTIONS 6-4(1) AND 6-4(2) OF THE WELD COUNTY HOME RULE CHARTER BE AMENDED TO READ AS FOLLOWS? Section 6-4. Term of Office. (1) The term of office of each elected office shall commence on the first working day of the year immediately following the general election at which he is elected and shall be for four years. (2) The term of office of each elected office shall continue until a successor is elected and qualified. 1 SHALL THE FOLLOWING NEW SECTION 6-4(3) BE ADDED TO THE WELD COUNTY HOME RULE CHARTER? Section 6-4. Term of Office. (3) A person appointed to complete a term for a vacant elected office shall not be required to run for election during such term. A term completed by an appointee shall not be considered a "full term"for the purposes of determining limitation on the number of consecutive terms of office the appointee is able to serve. SHALL SECTIONS 3-15(2), 13-7(2), AND 13-8(3) OF THE WELD COUNTY HOME RULE CHARTER BE AMENDED TO 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 and the appointment shall be effective for the remainder of the term. Section 13-7. Vacancies. (2) A vacancy shall exist when a Councilman dies, resigns, is removed from office, moves from the district from which elected, is incapacitated, recalled, or becomes a candidate for a county elected office or an employee of the County, or when no person has been elected to the position of Councilman. 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, and the appointment shall be effective for the remainder of the term. Proposed Question Regarding Term Limit for the District Attorney for the Nineteenth (19th) Judicial District (Weld County) SHALL THE TERM LIMIT IMPOSED IN ARTICLE XVIII, SECTION 11(1) OF THE COLORADO CONSTITUTION ON THE OFFICE OF THE DISTRICT ATTORNEY FOR THE NINETEENTH (19th) JUDICIAL DISTRICT (WELD COUNTY), BE MODIFIED SO AS TO PERMIT AN ELECTED OFFICEHOLDER IN THAT OFFICE TO SEEK AND, IF THE VOTERS OF THE NINETEENTH (19th) JUDICIAL DISTRICT (WELD COUNTY) CHOOSE TO RE-ELECT THAT PERSON TO A THIRD TERM IN OFFICE, TO SERVE A THIRD CONSECUTIVE TERM? 2 Hello