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Home My WebLink About20012508 RESOLUTION RE: SUBMITTING TO THE ELECTORS OF THE GENERAL ELECTION ON NOVEMBER 6, 2001, VARIOUS AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER 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, on September 5, 2001, the Board considered the Report of the Weld County Home Rule Charter Amendment Study Committee, and WHEREAS, after study and consideration, the Board determines that the proposed amendments to various sections of the Weld County Home Rule Charter, as set forth in the attached Exhibit"A," shall be referred to the ballot for the November 6, 2001, general election, in the order as set forth therein, 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 issue of such amendments will be determined at the general election on November 6, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the proposed amendments to various sections of the Weld County Home Rule Charter, as set forth in the attached Exhibit "A," be referred to the ballot for the November 6, 2001, general election, in the order as set forth therein, 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, 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 propositions shown as "QUESTIONS" in Exhibit A. 2001-2508yx BC0031 RE: AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of September, A.D., 2001. BOARD OF UNTY COMMISSIONERS W C TY, COLORADO ATTEST: il / �•��, E t a�� `' � M. J. eil , Chair Weld County Clerk to t 1 BE3: l_l F Glenn Vaad, ro- BY: Deputy Clerk to the Boat t Z <1 illia H. Jerke APP0 D AS ORM: I C David E. Long unty A ne EXCUSED DATE OF SIGNIIlG AYE Robert D. Masden Date of signature: 9Wa- 2001-2508 BC0031 EXHIBIT "A" QUESTION 1: Shall Article XVII § 17-1 of the Charter be amended to conform the number of signatures required to amend the Charter to the number required under the County Home Rule Statute? Language of Amendment (highlight and strikeout show changes): Article XVII § 17-1. Procedure to Amend or Repeal Charter. (1) Action to amend this Charter shall be initiated by: (a) A etition or .etitions si.ned by at least five percent of the total number of QUESTION 2: Shall the Weld County Home Rule Charter be amended, effective January 1, 2003, to provide for the appointment, in accordance with the personnel system, of the Coroner as Director of the Coroner's Department and operation of the Coroner's Department in the same manner as existing Departments of the County? Language of Amendment (highlight shows changes): Article VI § 6.1. Elective Officers. The Elective Officers of the County of Weld, Colorado, shall be five County Commissioners; five County Councilmen; one County Clerk, one County Sheriff; one County Coroner; one County Treasurer; and one County Assessor. The salary or compensation, term of office and qualifications of such officers shall be as provided in this Charter E office 4 Ei� Yda 9 { E' a i t h foregoi lj t.i a , sio , It isChat to contrarr,ef> tt .le,� ar 1, 2tO 'the . oroner allI� �n nd ' aperated in ac�cordan ` htf `ofArticle'IV:f§ 'l (4)of t s-0 . Such ap in + rat shal)bo t ,fect tc thej�rulee tsheduin:the personnelsyste des be ir°� e;IiV;. 42 (2)of this Charter„ Page 1 of 4 Pages QUESTION 3: Shall the Weld County Home Rule Charter be amended, effective January 1, 2003, to provide for the appointment, in accordance with the personnel system, of the Treasurer as Director of the Treasurer's Department and operation of the Treasurer's Department in the same manner as existing Departments of the County? Language of Amendment (highlight shows changes): Article VI § 6.1. Elective Officers. The Elective Officers of the County of Weld, Colorado, shall be five County Commissioners; five County Councilmen; one County Clerk, one County Sheriff; one County Coroner; one County Treasurer; and one County Assessor. The salary or compensation, term of office and qualifications of such officers shall be as provided m this Charter. s �g "gt e re r v• y r e� + r SI R � nay n er f � 4 i i� foregoing oany the L 9sib this C rter to rary,effe ry 0 e Treasurer-'st tr beapp`®e tln a 014 opet ted in c i inc a it t t00#10*E e tit §41 (4)a th harter ,hxappointr lt;shallbe'sub)e ct;to t> Erules`estabi ed.,ih.tt personnel syste " oa}inrattokit gri4aSlOyOtbwich0J10.6 QUESTION 4: Shall Article IV §4-2 B.(2)(f) of the Weld County Home Rule Charter be amended to delete the requirement that an employee seeking a partisan elected office must request leave of absence without pay immediately after announcing his candidacy for office? Language of Amendment (strikeout shows changes): Article IV § 4-2 B.(2)(f) is amended to read: No employee shall, during working hours, engage in any political activity. Any person employed with the County, except an elected official, who sccks election to a partisan public office, shall request-a-leave of absence, without pay, immediately after announcement of his candidacy. Page 2 of 4 Pages QUESTION 5: Shall the definition of"Qualified Elector" be amended to be equivalent to the term "registered elector" or"eligible elector' as defined in Colorado Statute according to the context in which they appear in Statute and the Weld County Home Rule Charter? Language of Amendment (highlight and strikeout show changes): Art. XVI § 16-10 Definitions (30) Qualified elector--A person registered to vote in Weld County, State of Colorado, and otherwise qualified to vote in a general election under the laws of the State of Colorado. The term is synonymous with registered voter, registered elector, elector or voter l ,jll4 'q, 10$61. to:tns a# is rid eiegio o� l le e(ec#Q d €I ,tn rslOrad+b Statue!a+ tabg.to QUESTION 6: Shall Article II § 2-4 referring to service districts be eliminated to avoid duplication of and possible conflict with existing State law regarding Special Districts? Language of Amendment (highlight shows changes): Section 2-4. Service Di3trict3. The County shall have the power, when authorized and permitted by law, and requested by a district, to provide functions and services within existing service districts. New service districts may be created only after the purpose and boundaries of such district have been submitted to and approved by a majority of those voting electors living in and owning property in the district. The procedure for designating and establishing special districts and submitting the question to the voters shall be established by the Board.- Special districts may be created under such laws as are now in effect or may hereafter be adopted. The County shall have the power to charge, levy and collect such taxes and other revenues as may be authorized or permitted by law or this Charter within such service districts for the support of district functions and services. Page 3 of 4 Pages QUESTION 7: Shall Article XIII § 13-8 of the Weld County Home Rule Charter be amended to require that prior to being suspended by the Weld County Council, an elected official who is formally charged or indicted for the commission of a crime be provided notice and hearing by the County Council in order to afford such officer the opportunity to address the facts and allegations set forth in the charge or indictment and that he be automatically reinstated to the current term of office if found not guilty? Language of Amendment (highlight and strikeout show changes): Article XIII § 13-8. Powers and Duties. (5) In the event an elected official is formally charged or indicted for the commission of a crime, the Council mar suspend such officer with or without pad prosecution of the offenseftj# s [ w e,op rt lc ress,,; e'fac a daHe .mmpsee F . In the,chargeor I,° : If an elected officer is found guilty of any crime by a court or jury, the Council shall immediately suspend such officer without pay until his conviction shall become final and he has exhausted, or by failure to assert them, has waived all rights to new trial and all rights of appeal. At the time such officer's conviction is final, the office shall be vacant and the vacancy filled as herein provided. Should the officer be suspended from office by the Council, as provided in this Section, be found not guilty in a State and.Federal Court, either on appeal on anal trial, or new trial, the � w 7 , �,y, ,Em Council Abet shall forthwith j6 reinstater'[�ai{��C(itrap�� r"t� tofiCe such officer and he shall receive his back pay, unless, during such period of suspension, a successor to such suspended officer has been duly elected and qualified. In the event a successor to such suspended officer has been so elected and qualified, such suspended officer shall receive his back pay only up to the expiration date of his regular term of office and he shall not be reinstated or paid further unless he is such person duly elected and qualified. Page 4 of 4 Pages REPORT OF THE WELD COUNTY HOME RULE CHARTER AMENDMENT STUDY COMMITTEE Dated September 4, 2001 The following is the final report of the Weld County Home Rule Charter Amendment Study Committee regarding recommended language for the November 6, 2001,ballot for the electorate of Weld County to amend the Weld County Home Rule Charter("the Charter"): The Voters Should be Asked to Consider the Appointment of Elected Officials Other Than County Commissioners and County Councilmen. A. Committee Recommendation: The Committee recommends that the question of whether the offices of Assessor, Coroner, Sheriff, Clerk and Recorder and Treasurer be appointed should be submitted to the electorate. The proposal is to have each office considered in a separate ballot issue. Any proposition which passes will result in that office, effective January 1, 2003, being filled by an individual who is appointed and works in the in the same manner as existing Directors of Departments. The language is intended to have the offices filled by an individual who is subject to the personnel system, including the hiring and disciplinary process, so that the best qualified individual can be hired and retained outside of the political process. The change would provide direct oversight of the day to day functions of these offices by the Board of County Commissioners. B. Committee Comments: The Committee had a consensus that each office should be considered by the voters separately on the issue of election vs. appointment. The majority of the Committee members favored submitting all five offices for consideration. Two of the members distinguished those offices they believed to be purely administrative (which should be on the ballot) from those who have some degree of policy setting or discretionary functions. One committee member expressed the view that none of the offices should be considered for transformation to appointed directorships. Some members of the majority indicated their personal preference was that the offices remain elective but that they believed the issue should be submitted to the voters for their consideration. C. Recommended Ballot Language: The language recommended(to be repeated for each office)by the Committee for the form of the question and the amendment (highlighted) to the Charter is as follows: "Shall the Weld County Home Rule Charter be amended, effective January 1, 2003 to provide for the appointment, in accordance with the personnel system, of the <elective officer> as the Director of the Department of<appropriate department> and to provide for the operation of the Department in the same manner as existing Departments of the County?" Page 1 of 9 Pages Article VI § 6-1. Elective Officers. The Elective Officers of the County of Weld, Colorado, shall be five County Commissioners; five County Councilmen; one County Clerk, one County Sheriff; one County Coroner; one County Treasurer; and one County Assessor. The salary or compensation, term of office and qualifications of such officers shall be as provided in this Charter. � '004.1 W li�Vlitttfi w u� ens#P��!�r'�r,�,y�9 0 ?i `,ap y i a � ww '+ '. ' w w w >sh l h � ,_eddtheo� 'o r .ce �� '�'t ofd el*4-1 ' 3 �y �tdl 5El3 E n xF an a (4 of s r u , appointment(s)ill be t€hem shed i n t ' �..... '-.w`� o. ...... b`ed ,Article 3 §4- B. )of'tt ..... . i II The Voters Should be Asked to Consider the Abolition of the Office of Undersheriff. A. Committee Recommendation: The Committee recommends that the question of whether the position of Undersheriff be abolished should be submitted to the electorate, with the provision that the functions normally performed by the undersheriff be performed by persons who are hired under the county personnel system as directed by the Sheriff. B. Committee Comments: The Charter currently treats chief deputies of elective officers and the undersheriff in a special category which provides that they are appointed by their supervising elected officer. The Committee considered what problems would be created if elective officers became appointees without changes to the provisions relating to chief deputies and the undersheriff. The Committee was concerned that this would create a situation where a director appointed under the personnel system would have a chief deputy or undersheriff appointed at will outside of the personnel system. The Committee, after reviewing the Charter, is satisfied that such a situation for chief deputies is clearly avoided by language in Article IV, § 4-2 B. (7) of the Charter which limits this special category to chief deputies of elected officials. Therefore, the deputy of an appointed official would no longer fit in this category. However, the language pertaining to the Sheriff and Undersheriff is different and a change in the provisions relating to the Sheriff would leave ambiguity as to the status of the Undersheriff The Committee recommends abolishing the position of Undersheriff and providing that those functions be performed by persons who are hired under the county personnel system as directed by the Sheriff. Page 2 of 9 Pages C. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (highlighted) to the Charter is as follows: "Shall the position of Undersheriff be eliminated and his duties assumed by Sheriff's deputy employees included within the provisions of the Personnel system pursuant to Article IV§ 4-2 B. ( 7) in the event the Weld County Home Rule Charter is amended to provide for the appointment of the Sheriff as a Director of a Department?" Article X § 10-3. Duties. (1) The County Sheriff shall appoint an Undersheriffr who shall also be ageneral deputy, to serve dunn the pleasure of the Sheriff, � a i, 9 r p Ere . a �yg � � t I � i� E ! h4� c y i � 0. tc l nd,�` ts!bduties Eby Sh tuty � 3 � � r � i k i� � i � Iv ed e i ��r"�' r �r eta ilud� i�of eP n I i i to isle §'a4.2 . ,,i 3E� nt't ttcle 4' r§ 6.1 of s Ci t ° been, amended' e e iXeJanu 1,`20 3 t vdefortt�e'appo�aestorfth �'riffasa°Director w PAAA�. III The Voters Should be Asked to Consider the Abolition of the Requirement that an Employee Take an Unpaid Leave of Absence to Run for Partisan Office. A. Committee Recommendation: The Committee recommends that the question of whether the requirement that an employee take an unpaid leave of absence to run for partisan office be abolished should be submitted to the electorate. B. Committee Comments: The Charter currently requires a County employee running for any partisan office to take an unpaid leave of absence after announcing his or her candidacy, regardless of whether the elective office has any relationship to the employee's job with the County. The Committee is of the unanimous opinion that this is unfair since elected officials are not similarly restricted. This requirement also discourages employees familiar with the activities of those offices from standing for election even while recent state enacted term limits mandate periodic turn-over in elective offices. Lastly, the Committee notes that the Charter limits political activity during working hours and that any other conflicts which might arise in an office as a result of an employee running for office can be addressed by the County's personnel policies. Page 3 of 9 Pages C. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (strike out) to the Charter is as follows: "Shall Article IV § 4-2 B.(2)(f) of the Weld County Home Rule Charter be amended to delete the requirement that an employee seeking a partisan elected office must request leave of absence without pay immediately after announcing his candidacy?" Article IV § 4-2 B.(2)(f) is amended to read: No employee shall, during working hours, engage in any political activity. Any ptisou cinplvycd with tlic County, cnccpt d,r ckct,,d official, who sucks cLction to a pa,tisail public affc,,, shall icqucst a Kaye of ab5 ,nc,., without pay, aftc. ,,andidacy. IV The Voters Should be Asked to Consider Whether the Implementors of the Charter Be Instructed to Use the Meaning of"Qualified Elector"Which Is Most Appropriate in the Context of the Language of the Charter and Relevant Colorado Statutes. A. Committee Recommendation: The Committee recommends that the question of whether the implementors of the Charter be instructed to use the meaning of "qualified elector"which is most appropriate in the context of the language of the Charter and relevant Statutes, should be submitted to the electorate. B. Committee Comments: The term"qualified elector"was in general use when the Charter was originally adopted; however, numerous changes in Colorado's Statutes pertaining to elections have created inconsistencies between the Charter and the Statutes. The Charter was amended in 1990 to deal with some of the changes by defining qualified elector as equivalent to the terms then in use in the Statutes. That definition no longer reflects the statutory nomenclature in use. Therefore, the Committee considered an amendment which reconciles the Charter with the Statutes by replacing"qualified elector"throughout the Charter with the terms"registered elector" or"eligible elector," as the context requires. The Committee would have proposed that approach but for the fact that the text of the numerous changes would have consumed a great deal of space on the ballot. The recommended approach accomplishes the same purpose and provides some additional flexibility if the statutory definitions change again over time. This approach is to direct the implementors of the Charter to use the meaning of "qualified elector"which is most appropriate in the context of the language of the Charter and relevant Statutes. Page 4 of 9 Pages C. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (strike out and highlighted)to the Charter is as follows: "Shall the definition of"Qualified Elector"be amended to be equivalent to the term"registered elector"or"eligible elector"as defined in Colorado Statute according to the context in which they appear in Statute and the Weld County Home Rule Charter?" Art. XVI § 16-10 Definitions (30) Qualified elector-- A person registcicd to vote in Weld County, Statc of Colorado, and other wise qualified to vote in a general election undo, fu laws of thl, Stag.of CIIlvrad0 The term i s llvu liana with le@ iStc1Gi1 vvtl l 1a 13tci.A u *•�r'� I ray j .Ii l 5 �b Y s F I9'€' h'fi LIL{A�AVl chs#l,tvl Vl VVtl.lft' I� 1 ...e ri .� ., �}{� M Fr #� ..... 9 �'i,h mitt y{�,,,, Se 1 �B 3fi . *iligniunar— ,�. @ {+N L�rL[iG; 31LWMtiAt�t eilj V The Voters Should be Asked to Consider Whether the Procedure for Petitioning to Amend or Repeal the Charter Should be Amended to Require Signatures by 5% of the Total Number of Registered Electors of Weld County. A. Committee Recommendation: The Committee recommends that the question of whether the signature requirement for petitions for Charter amendments or repeal to be signed by 5% of the total number of registered electors in Weld County should be submitted to the electorate. The Charter currently requires the signatures of 5% of the total number of votes cast at the last general election. B. Committee Comments: State statute regarding home rule counties has always required petitions for charter amendments to be signed by 5%of the total number of registered electors in the County. The Charter requires the signatures of 5%of the total number of votes cast at the last general election. This conflict could result in the invalidation by the Courts of petitions meeting the Charter requirements because the Charter is not in conformance with the authorizing legislation. C. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment(strike out and highlighted) to the Charter is as follows: "Shall Article XVII § 17-1 of the Charter be amended to conform the number of signatures required on a petition to amend the Charter to the number required under Colorado's county home rule statute?" Article XVII § 17-1. Procedure to Amend or Repeal Charter. Page 5 of 9 Pages (1) Action to amend this Charter shall be initiated by: (a) A petition or petitions si ed by at least five ercent of the '4! m total number of ° ,„r N' �a l 's a j ast at tin, last S.,...,.al .,le,.,t;u,t. VI The Voters Should be Asked to Consider Whether the Charter Section Referring to Service Districts Should be Eliminated. A. Committee Recommendation: The Committee recommends that the question of whether to eliminate to the Charter section referring to service districts should be submitted to the electorate. B. Committee Comments: Article II§ 2-4 of the Charter,which refers to service districts, is largely outdated and unnecessary because the topic is now adequately addressed in Colorado law. Counties do not have direct authority over special districts which are governed by statutory provisions primarily found in Title 32 C.R.S.but there is statutory authority for counties to review service plans for new districts and enter into agreements with those districts. The existing Charter language,to the extent it cannot be reconciled with the statutory provisions, is confusing and unenforceable. To the extent the Charter is consistent with the Statute, it is unnecessary as redundant. C. Recommended Ballot Language: The language recommended by the Committee for the form of the question is as follows: "Shall Article II § 2-4 referring to service districts be eliminated to avoid duplication of and possible conflict with existing State law regarding Special Districts ?" Seetionn 2-4. Sc,vice Disti:ets. The.County shall have the pewee, *lien authoiiz.d and penn.tt.d by laev,and reque3ted by a dn1ti,t,tv p.uvide fmn.tious and service. witl.:n e,...sting senice distiiet3. New se,nice districts may be,cicat,d only af.,. the pupuo..and bumnlau..aofaue,h dish iet have Le,e,n , L..utte.dto and app.uYe,lbyan.ajen:tyoftLua . voting elect..l:vi..g;nand owning prop..nty in the,d. t.:et. The pioceduic fur designating and establiAL:ng wcc.al dist.:eta and submitting the qu“tioato the votes shall Lc c.tablished by the Buaid. Special d:,t..Lets may Lc cieat.d uncle. such la*s as a.e no*, in effect or may hereafter be adopted. The County shall have the powt. to chat gc, lcvy and-eulleet ou L to a and othU. ,L.e..ues as may Le autl.u.:u,1 ui y..nnnitl.,l by law o. this Chad ,. Witl.in such se,vice dish:et fur the, supped. of dishiet fmne,tions and services. VII The Voters Should be Asked to Consider Whether Elective Officers Who are Formally Charged or Indicted for the Commission of a Crime are Entitled to Notice and Hearing Before Being Suspended by the Weld County Council and Reinstated Automatically if Found Not Guilty. A. Committee Recommendation: The Committee recommends that the question of whether elective officers who are formally charged or indicted for the commission of a crime are entitled to notice and hearing before being suspended by the Weld County Council Page 6 of 9 Pages should be submitted to the electorate. Additionally,it recommends submitting the question of whether the current language regarding reinstatement if an elected official charged or indicted for a crime is found not guilty should be amended to allow for automatic reinstatement instead of reinstatement only after formal action by the Weld County Council. B. Committee Comments: Article XIII § 13-8 of the Charter gives the Weld County Council the discretion to suspend any elected officer who is charged or indicted with a crime. A "crime"is defined in Article XVI § 16-10(14)as: "A felony or a Class 1 or 2 misdemeanor as defined by State law, or a comparable federal crime or crime in some other state. Does not include petty or traffic offenses." Suspension by the County Council maybe done without a hearing or opportunity for the elected official to address the charges or indictment before being suspended. It was the unanimous decision of the Committee that there be a recommendation for the section to be amended to require notice and hearing prior to suspension. The Committee also unanimously agreed to reconunend that Article XIII§ 13-8 also be amended to allow for the automatic reinstatement of any elected official who is charged or indicted for a crime and found not guilty. The current language provides for reinstatement only after formal action by the Weld County Council. C. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment(highlighted)to the Charter is as follows: "Shall Article XIII § 13-8 of the Weld County Home Rule Charter be amended to require that prior to being suspended by the Weld County Council, an elected official who is formally charged or indicted for the commission of a crime be provided notice and hearing by the County Council in order to afford such officer the opportunity to address the facts and allegations set forth in the charge or indictment and that he be automatically reinstated if found not guilty?" Article XIII§ 13-8. Powers and Duties. (5) In the event an elected official is formally charged or indicted for the commission of a crime,the Council may suspend such officer with or without ax,prosecution of the offense ' p ae St �, q as a e tte d— taut 'ky tts otvtctl t#aff4?d�tk b teea . '" 1... 1 ` n A a t attd tt)Tegat ons set f6Strn ephl1 ,or*11 t If an elected officer is found guilty of any crime by a court or jury, the Council shall immediately suspend such officer without pay until his conviction shall become final and he has exhausted, or by failure to assert them,has waived all rights to new trial and all rights of appeal. At the time such officer's conviction is final,the office shall be vacant and the vacancy filled as herein provided. Should the officer be suspended from office by the Council, as provided in this Section, be found not guilty in,a State and Federal Court, either on appeal, original trial, or new trial,the€u .mil tt shall fu.thw;th reinstated suck off.,,,,, and he shall receive his back pay, unless, during such period of suspension, a successor to such suspended officer has been duly elected and qualified. In the event a successor to such suspended officer Page 7 of 9 Pages has been so elected and qualified, such suspended officer shall receive his back pay only up to the expiration date of his regular term of office and he shall not be reinstated or paid further unless he is such person duly elected and qualified. VIII The Voters Should Be Asked to Consider Whether Article III§ 3-2 Regarding Commissioner Districts Be Amended to Require That after Each Federal Census of the United States, the Boundaries of Each District Be Established,Revised, or Altered to Assure That the Districts Be as Nearly Equal in Population as Possible Based on Such Census in the Following Odd- numbered Year and Shall Be Completed by September 30 of Such Year. A. Committee Recommendation: The Committee recommends that Article III§ 3-2 regarding commissioner districts be amended to require that after each federal census of the United States, the boundaries of each district be established,revised, or altered to assure that the districts be as nearly equal in population as possible based on such census in the following odd-numbered year and shall be completed by September 30 of such year. B. Committee Comments: The current language of Article III§ 3-2 allows redistricting once every two years. The section does not require any changes to be made after each federal census. Colorado state law requires a review of the districts after each federal census. The Committee decided to recommend amending Article III§ 3-2 to conform to State Statute. C. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment(highlighted)to the Charter is as follows: "Shall Article III § 3-2 of the Weld County Home Rule Charter be amended to require that after each federal census of the United States,the boundaries of each commissioner district be established,revised, or altered to assure that the districts be as nearly equal in population as possible based on such census in the following odd-numbered year and shall be completed by September 30 of such year?" Article III § 3-2. Districts. (1)to(3)remain the same. • `� 't� ddin e�ins(1) ederal ensus''of 3 e g �' man,u i o mated Staten tie bc, end ) 'established, r tsed zsa'alteredtoassaata aw tii ii1irea at 'ri g tanpopaalatioiio possibterbased on such censl e °« Page 8 of 9 Pages Submitted this S day of September,2001. WELD COUNTY HOME RULE CHARTER AMENDMENT STUDY COMM111EE i.ac t- John-o'., Chair M.VSTHERaTTOpNQYWRREV1EWWFD Page 9 of 9 Pages t. \,-Ln r' ' ;, T't • rnocoit,,, • Colorado Coroners Association • ^1 PO Box 775227 ,+. r: 1• >��`q� ^ Steamboat Springs, CO 80477 egs • s S, N • (970) 879-0237 Phone J `,- OCIA1t0 (970) 871-8140 Fax August 30, 2001 Mike Geile—Chairman Board of County Commissioners Weld County 915 Tenth Street PO Box 758 Greeley, CO 80632 Re: Home Rule Charter/ Elected Officials Dear Commissioner Geile, This letter is in response to recent discussions regarding the proposal for the appointment rather than the election of officials within Weld County. Please review this material and present it to the County Council and other interested persons and boards. The practice of electing people to provide public service is not ARCHAIC as the Greeley Tribune would assert. Our democracy is built upon the premise of a free election to choose our representatives. The Coroner is an elected representative who has the interest of the deceased as their primary concern and is charged with determining the true and correct cause and manner of death. These decisions are made regardless of the vested interests of state or county governments, law enforcement, physicians, hospitals, insurance companies, employers, funeral homes, families or friends of the decedent, including those who may be charged criminally or civilly as a result of the death. Elected Officials ARE accountable to the voters, which is the basis for our democracy. In the event an elected official does not perform the duties with which they are charged, then the voters have the opportunity to elect another to fill the job for the next term of office. In the case of dereliction of duty or for other cause, the electorate may institute a recall of an elected official during that term of office. This is certainly direct accountability to those who are being served. If these positions are to be appointed by the Board of County Commissioners rather than elected by the people; then the voters no longer have a say in how the position is filled and how the duties are carried out. In this instance, the Coroner, Sheriff, Treasurer, Assessor and Clerk would be direct employees of the BCC and MUST conduct the business of their office according to the wishes of the BCC, and will no longer have the freedom to make impartial decisions. Currently as an Elected Official they are charged by State Statute to perform the duties of the office, regardless of the stance of the Board of County Commissioners or other outside forces. (On search_COgoNeet • '4 9J' • August 30, 2001 Weld County Commissioners wi Page 2 of 2 O�SS�CIa *� . The Coroner as an Elected Official is the administrator of the department. Their duties go well beyond the single issue of performing autopsies. The position requires the supervisory skills needed to manage personnel and related issues, develop and implement a budget, as well as conduct death investigations and make decisions as to the cause and manner of death, which may have far reaching criminal, civil and financial repercussions. Administering the business of the office of the Coroner does not require a degree in forensic pathology, but certainly calls for compassion, intelligence, and freedom for independent investigation, business management acumen and a desire to provide public service. Throughout the State of Colorado, in most counties, autopsies are typically contracted to an appropriately licensed forensic pathologist, whose practice generally serves multiple counties. An autopsy is simply a tool available during a death investigation and is not necessarily performed in every case. This is only one of the specialists that the Coroner has the ability to call on for assistance. In addition there are many specialists from a variety of fields, which may also be used: including odontology, entomology, archeology, facial reconstruction, DNA analysis etc. There is no one individual who has the training in every area required to perform every aspect of every death investigation and thus having the ability to outsource to professionals in specific fields is of benefit to the county fiscally. Could the County support the expense required to staff all of these specialties in house? The answer is certainly NO, and it should not be expected to do so. The Colorado Coroners Association feels that these points should be considered and that the move toward appointment rather than free election of county officials should not be pursued. Thank you for the attention to this matter. Please feel free to contact me, or Dr. Dobersen for further discussion on this very important matter. Sincerely, n i/PaztDougla S. Allen Vice President—Colorado Coroners Association (970) 879-0237 Michael Dobersen, M.D. President—Colorado Coroners Association (303) 795-4956 REPORT OF THE WELD COUNTY HOME RULE CHARTER AMENDMENT STUDY COMMITTEE Dated September 4, 2001 I. The voters should be asked to Consider the Appointment of Elected Officials Other than County Commissioners and County Councilmen. Recommended Ballot Language: The language recommended (to be repeated for each office) by the Committee for the form of the question and the amendment (highlighted) to the Charter is as follows: "Shall the Weld County Home Rule Charter be amended, effective January 1, 2003, to provide for the appointment, in accordance with the personnel system, of the <elective officer>as the Director of the Department of <appropriate department>and to provide for the operation of the Department in the same manner as existing Departments of the County?" Article VI § 6-1. Elective Officers. The Elective Officers of the County of Weld, Colorado, shall be five County Commissioners; five County Councilmen; one County Clerk, one County Sheriff; one County Coroner; one County Treasurer; and one County Assessor. The salary or compensation, term of office and qualifications of such officers shall be as r provided in this CharterNotwithstanding2theffore gin 4oefli.,Cher provision!of this�Charkerr•t "itth ant ry,,;effectve January! 1, 2 , th`e< lser> shall apFyolrit'es;l and 00e t r e rued in acc an a with the ter mof der IV§4"1 (4)of,this.Cha ' uch a potntiliient(a)ishait be subt to�the rules established in the personnelsystemlidescribed im.. r.. e,ivy t4-2.B k(2)of this. harteir. II. The Voters should be asked to Consider the Abolition of the Office of Undersheriff. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (highlighted) to the Charter is as follows: "Shall the position of Undersheriff be eliminated and his duties assumed by Sheriff's deputy employees included within the provisions of the Personnel system pursuant to Article IV§ 4-2 B. ( 7) in the event the Weld County Home Rule Charter is amended to provide for the appointment of the Sheriff as a Director of a Department?" Article X § 10-3. Duties. (1) The County Sheriff shall appoint an Undersheriff who shall also be a general deputy, to serve during the pleasure of the Sherifff i ' i a piii C 7 3 At iYbe Y 1 s c nt,a�, ,e bf l ridi ksireiiff,eheil tk i iirnllt odlielnd hiis dube bssii tee iii Sh ttff s tibputy employees i`nclud '' ithin the, rovisions of the`Per heel syste i�pursuantryto Article IV`§'4 2r0(77 in ttiexevent Arkicle V I §610(this Charter has been an ended effecti Januar 1,2003,tpprovide:f'ortheappointmeit`ofthe,StienfliasaDirector of atDepartment. 2 EXHIBIT ea----- : III. The Voters should be asked to Consider the Abolition of the Requirement that an Employee Take an Unpaid Leave of Absence to Run for Partisan Office. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (strike out) to the Charter is as follows: "Shall Article IV§4-2 B.(2)(f) of the Weld County Home Rule Charter be amended to delete the requirement that an employee seeking a partisan elected office must request leave of absence without pay immediately after announcing his candidacy?" Article IV § 4-2 B.(2)(f) is amended to read: No employee shall, during working hours, engage in any political activity. Any person employed with the County, except an elected official, who seeks election to a partisan public office, shall request a leave of absence, without pay, immediately after announcement of his candidacy. IV. The Voters should be asked to Consider Whether the Implementors of the Charter be Instructed to Use the Meaning of"Qualified Elector" Which is Most Appropriate in the Context of the Language of the Charter and Relevant Colorado Statutes. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (strike out and highlighted) to the Charter is as follows: "Shall the definition of"Qualified Elector" be amended to be equivalent to the term "registered elector" or"eligible elector' as defined in Colorado Statute according to the context in which they appear in Statute and the Weld County Home Rule Charter?" Art. XVI § 16-10 Definitions (30) Qualified elector--A person registered to vote in Weld County, State of Colorado, and otherwise qualified to vote in a general election under the law3 of the State of Colorado. The term is synonymous with registered voter registered elector,elector or voter ioil3 �8glateal @b'te'', nr aa ° ji.(g1 epfgf"" 60r0:1`Cr oradY Statute ace€rdinglt t MMN...... extaffr v �a:e �4�„ k I �� it.. SY ' tet. V. The Voters should be asked to Consider Whether the Procedure for Petitioning to Amend or Repeal the Charter Should be Amended to Require Signatures by 5% of the Total Number of Registered Electors of Weld County. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (strike out and highlighted) to the Charter is as follows: "Shall Article XVII § 17-1 of the Charter be amended to conform the number of signatures required on a petition to amend the Charter to the number required under Colorado's county home rule statute?" Article XVII § 17-1. Procedure to Amend or Repeal Charter. (1) Action to amend this Charter shall be initiated by: (a) A petition or •etitions si•ned b yy�at least five percent of the total number of N�iN x °M) : [ I I? general election. VI. The Voters should be asked to Consider Whether the Charter Section Referring to Service Districts Should be Eliminated. Recommended Ballot Language: The language recommended by the Committee for the form of the question is as follows: "Shall Article II § 2-4 referring to service districts be eliminated to avoid duplication of and possible conflict with existing State law regarding Special Districts?" Section 2-4. Service Districts. The County shall have the power, when authorized and permitted by law, and requested by a district, to provide functions and services within existing service districts. New service districts may be created only after the purpose and boundaries of such district have been submitted to and approved by a majority of those voting electors living in and owning property in the district. The procedure for designating and establishing special districts and submitting the question to the voters shall be established by the Board. Special districts may be created under such laws as are now in effect or may hereafter be adopted. The County shall have the power to charge, Icvy and collect such taxes and other revenues as may be authorized or permitted by law or this Charter within such service districts for the support of district functions and services. VII. The Voters should be asked to Consider Whether Elective Officers Who are Formally Charged or Indicted for the Commission of a Crime are Entitled to Notice and Hearing Before Being Suspended by the Weld County Council and Reinstated Automatically if Found Not Guilty. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (highlighted) to the Charter is as follows: "Shall Article XIII § 13-8 of the Weld County Home Rule Charter be amended to require that prior to being suspended by the Weld County Council, an elected official who is formally charged or indicted for the commission of a crime be provided notice and hearing by the County Council in order to afford such officer the opportunity to address the facts and allegations set forth in the charge or indictment and that he be automatically reinstated if found not guilty?" Article XIII § 13-8. Powers and Duties. (5) In the event an elected official is formally charged or indicted for the commission of a crime, the Council ma suspend such officer, with or without pay, prosecution of the offense I mp '°� 'k '1jt ,, "st m { pa!after n $rce thro c� ttt*'�© i t# (}! tcr.addjess`1heifaet&an al bgatIbn$hh'qt ` r rge onndictrnent If an elected officer is found guilty of any crime by a court or jury, the Council shall immediately suspend such officer without pay until his conviction shall become final and he has exhausted, or by failure to assert them, has waived all rights to new trial and all rights of appeal. At the time such officer's conviction is final, the office shall be vacant and the vacancy filled as herein provided. Should the officer be suspended from office by the Council, as provided in this Section, be found not guilty in a State and Federal Court, either on appeal, original trial, or new trial, the Council' ! shall forthwith 61 reinstated such officer and he shall receive his back pay, unless, during such period of suspension, a successor to such suspended officer has been duly elected and qualified. In the event a successor to such suspended officer has been so elected and qualified, such suspended officer shall receive his back pay only up to the expiration date of his regular term of office and he shall not be reinstated or paid further unless he is such person duly elected and qualified. VIII. The Voters should be asked to Consider Whether Article III § 3-2, Regarding Commissioner Districts be Amended to Require that after each Federal Census of the United States, the Boundaries of each District be Established, Revised, or Altered to Assure that the Districts be as Nearly Equal in Population as Possible Based on Such Census in the Following Odd-numbered Year and Shall be Completed by September 30 of Such Year. Recommended Ballot Language: The language recommended by the Committee for the form of the question and the amendment (highlighted) to the Charter is as follows: "Shall Article III § 3-2 of the Weld County Home Rule Charter be amended to require that after each federal census of the United States, the boundaries of each commissioner district be established, revised, or altered to assure that the districts be as nearly equal in population as possible based on such census in the following odd-numbered year and shall be completed by September 30 of such year?" Article III § 3-2. Districts. (1) to (3) remain the same. census of the Unite s, f !bo-0,00 ,of ea�c ,commissioner iistrictshali be established,revsset , oir,alte " to assure that,such;# tricts shall tta as:nearly equal In population as pos<sible1basedton such census ni he following odd- nmbere ud year':.and shad„t ea`c'ompleted byaSSeptem ' 0;€of,such year. (4)Notwithstanding subsections (1)to (3) of this section, after each federal census of the United States, each district shall be established, revised, or altered to assure that such districts shall be as nearly equal in population as possible based on such census in the following odd-numbeied year and Aiall be ku..,pLtcd by Septe,,,Le. 30 of such yea. within 30 days of filing of the reapportionment plan with the Secretary of State pursuant to Article 5, § 48 of the Constitution of the State of Colorado and in no event later than twenty-five days prior to the date established in statute for precinct caucuses in the second year following the year in which the census was taken or, if the election laws do not provide for precinct caucuses, no later than twenty-five days prior to the date established in statute for the event commencing the candidate selection process in such year I EXHIBIT C.R.S.A. Const. Art. 5, § 48 WEST'S COLORADO REVISED STATUTES ANNOTATED CONSTITUTION OF THE STATE OF COLORADO [1876] ARTICLE V. LEGISLATIVE DEPARTMENT CONGRESSIONAL AND LEGISLATIVE APPORTIONMENTS Current with amendments received through December 31, 2000. § 48. Revision and alteration of districts--reapportionment commission (1)(a)After each federal census of the United States,the senatorial districts and representative districts shall be established, revised, or altered, and the members of the senate and the house of representatives apportioned among them, by a Colorado reapportionment commission consisting of eleven members,to be appointed and having the qualifications as prescribed in this section. Of such members, four shall be appointed by the legislative department, three by the executive department, and four by the judicial department of the state. (b) The four legislative members shall be the speaker of the house of representatives, the minority leader of the house of representatives, and the majority and minority leaders of the senate, or the designee of any such officer to serve in his or her stead, which acceptance of service or designation shall be made no later than April 15 of the year following that in which the federal census is taken. The three executive members shall be appointed by the governor between April 15 and April 25 of such year, and the four judicial members shall be appointed by the chief justice of the Colorado supreme court between April 25 and May 5 of such year. (c) Commission members shall be qualified electors of the state of Colorado. No more than four commission members shall be members of the general assembly. No more than six commission members shall be affiliated with the same political party. No more than four commission members shall be residents of the same congressional district, and each congressional district shall have at least one resident as a commission member. At least one commission member shall reside west of the continental divide. (d) Any vacancy created by the death or resignation of a member, or otherwise, shall be filled by the respective appointing authority. Members of the commission shall hold office until their reapportionment and redistricting plan is implemented. No later than May 15 of the year of their appointment,the governor shall convene the commission and appoint a temporary chairman who shall preside until the commission elects its own officers. (e) Within one hundred thirteen days after the commission has been convened or the necessary census data are available, whichever is later, the commission shall publish a preliminary plan for reapportionment of the members of the general assembly and shall hold public hearings thereon in several places throughout the state within forty-five days after the date of such publication. No later than one hundred twenty-three days prior to the date established in statute for precinct caucuses in the second year following the year in which the census was taken or, if the election laws do not provide for precinct caucuses, no later than one hundred twenty-three days prior to the date established in statute for the event commencing the candidate selection process in such year,the commission shall finalize its plan and submit the same to the Colorado supreme court for review and determination as to compliance with sections 46 and 47 of this article. Such review and determination shall take precedence over other matters before the court. The supreme court shall adopt rules for such proceedings and for the production and presentation of supportive evidence for such plan. Any legal arguments or evidence concerning such plan shall be submitted to the supreme court pursuant to the schedule established by the court; except that the final submission must be made no later than ninety days prior to the date established in statute for precinct caucuses in the second year following the year in which the census was taken or, if the election laws do not provide for precinct caucuses, no later than ninety days prior to the date established in statute for the event commencing the candidate selection process in such year. The supreme court shall either approve the plan or return the plan and the court's reasons for disapproval to the commission. If the plan is returned,the commission shall revise and modify it to conform to the court's requirements and resubmit the plan to the court within the time period specified by the court. The supreme court shall approve a plan for the redrawing of the districts of the members of the general assembly by a date that will allow sufficient time for such plan to be filed with the secretary of state no later than fifty-five days prior to the date established in statute for precinct caucuses in the second year following the year in which the census was taken or, if the election laws do not provide for precinct caucuses, no later than fifty-five days prior to the date established in statute for the event commencing the candidate selection process in such year. The court shall order that such plan be filed with the secretary of state no later than such date. The commission shall keep a public record of all the proceedings of the commission and shall be responsible for the publication and distribution of copies of each plan. (0 The general assembly shall appropriate sufficient funds for the compensation and payment of the expenses of the commission members and any staff employed by it. The commission shall have access to statistical information compiled by the state or its political subdivisions and necessary for its reapportionment duties. Cp.ROL Hardin - Notice of Charter Committee Meetin s Page 1 From: BRUCE Barker To: i:Jjohnson@wobb-Ilp.com Date: 8/16/01 9:51AM Subject: Notice of Charter Committee Meetings When Jim Gardner asked about the notice given for the Charter Committee meetings, I did not respond properly. C.R.S. Section 24-6-402 requires that the meetings be open to the public and that notice be provided as per subsection (2)(c). See the attached. We have been providing notice by listing the Charter Committee meetings as an"appointment"on the Board's Consent Agendas and posting them on the board outside the Clerk to the Board's office. See the attached agenda from 8/15, which was posted about noon on 8/14. The Board's agendas are also on our website. Lee is starting to look at the single issue ballot title question. He should have it figured shortly. We'll let you know. Bruce. CC: Harding, CAROL; Warden, DON . ............... ....... ...... .. ............ . .. ........ C,4ROL Hardin! - O.enmeet.w.d 0 §24-6-402.Meetings—open to public. (1)For the purposes of this section: (a) "Local public body"means anyboard, committee, commission, authority, or other advisory,policy-making,rule-making,or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof,has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body. (b) "Meeting"means any kind of gathering, convened to discuss public business,in person, by telephone, electronically, or by other means of communication. (2)(c)Any meetings at which the adoption of any proposed policy,position,resolution, rule,regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance,shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. .. . . . . . . . . .. .. ..... . .. . .... i CAROLHardin. 315A:. .. " 0 CONSENT AGENDA APPOINTMENTS: Aug 15- EDAP Board 7:00 AM Aug 15- Charter Committee 7:00 PM Aug 16- Juvenile Community Review Board 12:00 PM Aug 16- Airport Authority 3:00 PM Aug 16- Weed Board 7:00 PM Aug 20- Housing Authority Work Session 1:30 PM Aug 20- Comp Plan Review Committee 7:00 PM Aug 21- Workforce Development Board 11:30 AM Aug 21- Planning Commission 1:30 PM Aug 21- 911 Telephone Board 1200 PM Aug 22- Charter Committee 7:03 PM Sep3- HOLIDAY CLOSED ITEMS SCHEDULED FOR FUTURE BOARD MEETINGS: nail oats Wale rang Mlww scheduled let Mum bawdnseanee:hw.ws,,ar.OWN Maw.Nemo*kb re deemed brrn Intrust b various dims.Al board mango begin at g AM Aug20- Third Reading of Code Ordinance#2001-4,In the Matterof Repealing and Reenacting,with Amendments,Chapter 22 Comprehensive Plan;and Chapter 26 Mixed Use Development of the Weld County Code Oct 1- Consider Authorization for the Weld County Attorney to Proceed with Legal Action Against Roggen Disposal for Violation of Health Regulations(Coot from 06/04/2001) Dec 10- Probable Cause Hearing for Use by Special Review(SUP#454)-Howard Duckworth,dba Weld County Waste Disposal,Inc.(Coot from 12/11/2000) Continued indefinitely-Subdivision Exemption#876-Ross Bachofer(Cunt on 07/23/2001) HEARINGS: Aug 15- Docket#2001-55,PL1544-Change of Zone#558 from the A(Agricultural) Zone District to the PUD(Planned Unit Development)Zone District for five (5)residential lots with Estate uses,and 4.7aores of Common Open Space, 1 Percy Hamilton, do Intermill Land Surveying, Inc. (located east of and adjacent to Weld County Road 53,1/4 mile north of Weld County Road 74] (Planner Lockman)(Can't to 08/29/2001) 10:00 AM Aug 15- Docket#2001-52,PL1284-Substantial Change Hearing#19 to consider whether or not there has been a substantial change in the facts and circumstances regarding the application for a Site Specific Development Plan and Use by Special Review Permit#1202 fora 3,500-head dairy in the A(Agricultural)Zone District,Scott and Susan Busker/Busker Dairy, do AgPm Environmental Services,LLC[located east of and adjacent to Weld County Road 17,and north of Weld County Road 16](Planner Chester) (Can't to 08/20/2001) 10:00 AM Aug 20- Show Cause Hearing to Determine Whether Good Cause Exists for Revocation of Use by Special Review Permit#788 for a Recreational Train Facility in the A(Agricultural)Zone District-Bendy Hobday 10:00 AM Wednesday,August 15,2001 2001-2292 Page 3 BC0016 July 13, 2001 For immediate release PRESS RELEASE The Weld County Home Rule Charter Amendment Study Committee will conduct three meetings at various locations in Weld County to hear public comments regarding possible Charter amendments. The meetings will be at the following dates,times and places: July 23, 2001, at 7:00 p.m. in the small gymnasium at the Briggsdale school, 415 Leslie Street, Briggsdale. July 25, 2001, at 7:00 p.m. in the Board of County Commissioner's First Floor Meeting Room at the Weld Centennial Center, 915 10`s Street, Greeley, Colorado. July 25, 2001, at 7:00 p.m. in the Frederick/Firestone Fire Station 31 Walnut Drive, Frederick.. Members of the public may attend any of these meetings to give comments. For more information,please call Bruce Barker, Weld County Attorney, at 970-356-4000, extension 4391. Hello