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OFFICE OF WELD COUNTY COUNCIL
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PHONE 13031356000 EXT.B6?88 915 10TH STREET,ROOM 339
GREELEY,COLORADO 80631WI D es
COLORADO L � "'
November 7, 1984 f IVO V 7198
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Richard Boettcher -O(O
1428 7th Avenue
Greeley, CO 80631
Re: Home Rule Charter Amendment Study Committee
Dear Mr. Boettcher:
On August 16, 1984, your committee asked the Weld County
Council to establish written procedures insuring due process
for the consideration of suspension from office of an
elected official charged with a crime.
We are enclosing a copy of procedures adopted by the Council
in August of 1978. If further information is needed,
please advise.
Sincerely, 7
Vicky Sp rag e €
Secretary
cc: Ralph Waldo
Board of Commissioners
enc
840849
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AMENDMENT TO
RULES AND REGULATIONS AND PROCEDURES
PERTAINING TO SUSPENSION OF
ELECTED OFFICIALS PURSUANT TO
WELD COUNTY CHARTER PROVISION
13-8-(5)
I. The following procedure shall be followed by the Weld County Council in
any case in which the Council receives information indicating that an elected official
has been formally charged or indicted for the commission of a crime:
1. Any Council member who receives information indicating that an
elected official has been formally charged or indicted for the commission of a
crime shall immediately contact the President, or then acting President, and
relay said information to him.
2. The President, or then acting President, shall immediately call a
special session of the Weld County Council, the purpose of which will be for said
Council to review the facts at hand in an effort to determinewhether or not there
is in fact probable cause to believe than an elected official has been officially
charged or indicted for the commission of a crime.
A. In the event the Council finds that there is not probable cause
to believe that an elected official has been formally charged or indicted for
the commission of a crime, the matter shall be terminated at that time.
B. In the event the Council finds that there is probable cause to
believe that an elected official has been formally charged or indicted for the
commission of a crime, the procedure as set forth hereinafter shall be followed.
3. The Council shall immediately set a special session, the purpose of
which will be a hearing to determine whether or not in fact the official has been
formally charged or indicted for the commission of a crime, if so whether or not
that official should be suspended from his duties, and, if the Council determines
that said official should be suspended from his duties, whether or not the sus-
pension should be with or without pay. Said special session shall be set not less
than three or more than seven days from the date of the finding of probable cause
by the Council that there is reason to believe that the official has been formally
charged or indicted for the commission of a crime.
4. Upon the setting of the hearing, the Council shall immediately
cause written notice to be personally served upon the elected official who is
alleged to have been formally charged or indicted for the commission of a crime,
which notice shall contain the following information:
A. The fact that a hearing has been scheduled for a certain date
and certain time for the Council to take evidence to determine whether or not
the elected official has been formally charged or indicted for the commission of
a crime, if so, whether or not the elected official should be suspended from
his duties and, if so, whether the suspension should be with or without pay.
B. The crime and statutory citation for the commission of which the
official is alleged to have been formally charged or indicted, and the court
in which the formal charge or indictment is alleged to have been lodged. The
fact that the elected official may appear on the date and time previously set,
either with or without counsel, that said elected official will be given
reasonable time and opportunity to answer the charges, to produce his testimony,
to cross-examine all witnesses presented and to except to the proof against
him.
C. The fact that a continuance of the time and date previously set
for said hearing shall not be granted unless the Council finds that the
subject elected official has shown good cause for said continuance.
4. At the conclusion of the receipt of testimony and evidence, the
Council shall first determine whether or not the elected official has been formally
charged or indicted for the commission of a crime. If the Council finds that
said official has been formally charged or indicted for the commission of a crime,
the Council shall then determine whether or not the best interests of the citizens
of Weld County require that said official be suspended, and shall furthermore
determine whether or not the best interests of the citizens of Weld County require
that the suspension be with or without pay.
5. All hearings conducted as set forth above shall be held in the absence
of formal rules of evidence, and the admission or rejection of evidence or testimony
shall be at the sole discretion of the President, or acting President of the Council.
II. The following procedure shall be followed by the Weld County Council in
any case in which the Council receives information indicating that an elected
official has been found guilty of any crime by a court or jury:
1. Any Council member who receives information indicating that an
elected official has been convicted of a crime by a court or a jury shall immedi-
ately contact the President, or then acting President, and relate said information
to him.
2. The President, or then acting President, shall immediately call a
special session of the Weld County Council, the purpose of which will be for said
Council to review the facts at hand in an effort to determine whether or not there
is in fact probable cause to believe that an elected official has been found
guilty of a crime by a court or jury.
A. In the event the Council finds that there is not probable
cause to believe that an elected official has been found guilty of a crime
by a court or jury, the matter shall be terminated at that time.
B. In the event the Council finds that there is probable cause
to believe that an elected official has been found guilty of a crime by a
court or a jury, the procedure as set forth hereinafter shall be followed.
3. The Council shall immediately set a special session, the purpose of
which will be a hearing to determine whether or not in fact the official has been
found guilty of a crime by a court or jury. Said special session shall be set not
less than three or more than seven days from the date of the finding of probable
cause by the Council that the official has been found guilty of a crime by a court
or jury.
4. Upon the setting of the hearing, the Council shall immediately cause
written notice to be personally served upon the elected official who is alleged to
have been found guilty of a crime by a court or jury, which notice shall contain the
following information:
A. The fact that a hearing has been scheduled for a certain date
and certain time for the Council to take evidence to determine whether or
not the elected official has been found guilty of a crime by a court or jury.
B. The crime and statutory citation for the commission of which
the official is alleged to have been found guilty, and the court in which the
proceedings are alleged to have taken place. The fact that the elected
official may appear on the date and time previously set, either with or with-
out counsel, that said elected official will be given reasonable time and
opportunity to answer the charges, to produce his testimony, to cross-examine
all witnesses presented and to except to the proof against him.
C. The fact that a continuance of the time and date previously
set for said hearing shall not be granted unless the Council finds that the
subject elected official has shown good cause for said continuance.
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4. At the conclusion of the receipt of testimony and evidence, the
Council shall determine whether or not the elected official has been found
guilty of a crime by a court or jury. If the Council finds that said official
has been found guilty of a crime by a court or jury, the Council shall immedi-
ately suspend said official without pay.
5. All hearings conducted as set forth above shall be held in the
absence of formal rules of evidence, and the admission or rejection of evidence
or testimony shall be at the sole discretion of the President, or acting Presi-
dent of the Council.
(Adopted August 1, 1978)
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