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Home My WebLink About20012817.tiff SUSPENSION WITHOUT PAY OF ELECTED OFFICIALS BY COUNTY COUNCIL Section 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 pay, pending prosecution of the offense. 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 reinstate 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. COMMENTS BY CYNDY GIAUQUE If the County Council is contemplating suspension without pay of an elected official who has been charged with a crime as that term is defined in the Charter, the elected official should be entitled to due process. If the suspension is with pay, then there is probably no need for a hearing. But if the contemplated suspension is going to be without pay, then the County Council should hold a short hearing to determine if the proposed action is appropriate. It could be argued that the elected official holds a property interest in their office during their elected term. A suspension without pay is a change in that property interest. There is no requirement in the law that there be any specific length of time between the charge and the hearing, but the elected official should be given an opportunity to "tell their story" concerning the charges. The provisions in the Charter are okay, but a provision should be added for a short hearing before the County Council, to take place before the Council takes action to suspend without pay. The hearing would consider the charges as they relate to the elected official's office, and whether, based upon the facts, it is more likely than not that the elected official actually committed the crime with which he or she is charged. 2001-2817 PERSONNEL SECTIONS OF WELD COUNTY CODE Sec. 3-3-90. Dismissal procedures. A. No dismissal shall be made unless the employee is given a pre-dismissal hearing. These procedures apply to regular employees only. The employee should receive written notification of the following: 1) the reason for the possible dismissal; and 2) the time, date and place of the scheduled pre-dismissal hearing. B. The pre-dismissal hearing shall be scheduled the next working day after the employee receives the notification. The employee will be placed on administrative leave with pay until a determination of dismissal or retention is made. C. Attendance at the pre-dismissal hearing is limited to the elected official/department head,the immediate supervisor, the employee being considered for dismissal, the employee's legal counsel if desired and a representative of the Department of Personnel. If the employee is represented by legal counsel, the elected official or department head may also have legal representation. D. The employee shall have the right to make statements to the elected official or department head which may rebut the reasons stated in the pre-dismissal notification. This rebuttal may be presented orally or in writing. The pre-dismissal hearing shall not be a full evidentiary hearing. E. After receiving said rebuttal and any other appropriate information, the elected official or department head shall, within one (1) working day, render a determination as to whether the employee shall or shall not be dismissed or whether to extend the period of paid administrative leave in order to provide enough time to investigate the incident so as to render an informed decision. If the elected official or department head decides to dismiss the employee, then notification will be provided to the employee under separate letter. The notification of dismissal shall include the reasons which the elected official or department head determines to justify dismissal. F. If the elected official or department head determines that the employee shall be retained,the elected official or department head may then elect to impose upon the employee any disciplinary measures short of dismissal. (Weld County Codification Ordinance 2000-1) SUGGESTED AMENDMENT Section 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 pay, prosecution of the offense. F +' e`"n o s„1Oa'arf , `'x "- .z u�v..°" ° ,"0,;.A, oB erm a..-t7 If an elected officer is found guilty . . . Y+WMM++a£rv-wiM • . • • - • •- From: LEE Morrison To: bbarker, Charding ; Dwarden Date: 7/26/01 4:17PM Subject: election numbers Kathy Seiler reports that there were 65, 317 ballots cast last November at a time when there were 104,961 registered electors(76,392 active; 32,420 inactive). She also reports that there are not very many yet ripe for the 6 year purge but that in 1 ''A years it could be worthwhile to go through the process Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970) 356-4000 x 4395 FAX 352 0242 Commissioners for the proper execution, administration and functioning of the affairs of the above described divisions of Weld County, including the performance by the respective divisions and officers of those functions, duties and services permitted or required by this Charter. (b) Cause the policies adopted or approved by the Board of County Commissioners to be implemented in those divisions as required by the Board of County Commissioners and insure that the activities of those departments are consistent with the policies determined and set by the Board of County Commissioners. (c) Supervise and direct the preparation of the budget. (d) Exercise control over purchases and expenditures and keep the Board of County ��•• Commissioners advised of the financial condition and future needs of the County. G 'TB) The Division of Personnel shall: (1) Assist the Board in the preparation of a system of employment policies, rules, job classification and compensation plans in accordance with generally accepted Personnel principles. (2) Such system shall include at least the following: (a) Employment and promotion in the County government shall be made upon the basis of quality, education, training, and experience necessary to carry out the duties and responsibilities of the work to be performed. (b) Classification and compensation according to duties and responsibilities pursuant to adoption of a classification and pay plan which shall from time to time be reviewed and amended by the Board as necessary. 28 (c) Standards of employment based on conduct and performance of work and the procedures for creating and abolishing positions. (d) Dismissal, disciplinary and employee grievance procedures. (e) An appointing or employing authority may not employ or request the employment of any person who is related to him as spouse,parent, child,brother, sister or in-law. (f) 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. (g) The official hours of all Weld County Departments shall be as established by the Board in the Personnel Policies rules and regulations. • (h) The Personnel system shall comply with the provisions of pertinent Colorado and Federal statutes. (3) The Personnel Policies, rules and regulations and classification and compensation plans may be amended by the Board. (4) The Board of County Commissioners shall implement a Personnel system which shall become effective no later than twelve(12)months from the effective date of this Charter. (5) No county employee shall lose any vested retirement benefits by reason of any change in retirement plans. (6) Elected officials shall make appointments to fill vacancies in their departments from a list of names certified by the Personnel Department to be qualified for the position to be filled. The elected 29 official may interview each person on the list and examine the qualifications and shall have the authority to reject all persons on the list, whereupon the Personnel Department shall certify a new list. Elected officials shall have direct authority over the employees in their respective offices pursuant to the County Personnel Policies,rules,regulations,job classification and compensation plans. (7) All employees of the County shall be included within the provisions of the Personnel system, 27 except the Board may, in its discretion, exclude the employees of certain divisions, and except the undersheriff and chief deputy of each elected official,temporary employees, advisors, and consultants retained by contract, the County Attorney and Assistant County Attorneys, and except as otherwise provided by law. (8) The Board of County Commissioners shall appoint an appeals board to which an employee may appeal his dismissal, suspension,demotion,or other grievance. (a) The number of members, twain, and qualifications of the appeals board shall be set forth by the Personnel Policies,rules and regulations. (b) The procedures for appeal shall be outlined in the Personnel Policies,rules and regulations. (C) The Department of Finance,Central Purchasing, and Personnel shall contain such other divisions as may from time to time be established by the Board, and shall perform such functions and duties as may from time to time be assigned or reassigned to it. Section 4-3. Department of Health Services. (A) Division of Public Health. (1) The Director of Public Health shall be appointed by the Board upon consultation with the Board of Health. 30 inspection at the office of the Clerk of the Board, and provided that any penalty clause in said codes may be adopted only if set forth in full in the adopting ordinance. (9) The Board shall cause the permanent ordinances to be codified periodically. Such codification may be of the entire body of permanent ordinances or of the ordinances of some particular subject. Such codification may be re-enacted by reference by the Board or may be authenticated in such manner as may be designated by ordinance: No codification ordinance shall be invalid on the grounds that it deals with more than one subject. Section 3-15. Vacancies. j (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 until the next general election, at which time a person shall be elected for the remainder of the term,if any. ARTICLE IV DEPARTMENTS OF COUNTY GOVERNMENT Section 4-1. Departments Created. (1) There are hereby created the Department of Finance, Central Purchasing, and Personnel; the Department of Health Services; the Department of Planning Services; the Department of Engineering Services; and the Department of Communications Services. 25 (3) All official action taken by the Council shall be announced by the President or,in his absence,by the Vice-President, and all official communications of the Council whether oral or written, shall be made by the President or, in his absence,by the Vice-President. Section 13-6. Compensation. A Councilman shall receive no compensation for his services, but shall be reimbursed for actual and necessary expenses incurred in the performance of his official duties. Section 13-7. Vacancies. (1) A vacancy shall be filled by appointment by the remaining members of the Council. (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. Section 13-8. Powers and Duties. (1) The Council shall set the salaries of all elected officials. In the case of the Board of County Commissioners, the effective date of any change in salary may be delayed so as to provide for equal compensation for all Commissioners at all times. (2) The Council may employ a secretary and such other employees, permanent and temporary, as it may require,pursuant to the County Personnel system. (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 until the next general election, at which time a person shall be elected for the remainder of the term, if any. 49 (4) In the event a valid petition for recall is presented as provided in Article XV, the Council may suspend the officer being recalled,with pay,pending the recall election. In the event the Council suspends such officer,the Council may appoint some qualified person to perform the duties of the office pending the recall election. In the event the officer is not recalled,he shall be immediately reinstated. (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 pay,pending prosecution of the offense. 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 reinstate 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. (6) The Council shall review all aspects of county government and shall make such periodic reports to the people relating to expenditures, efficiency, responsiveness, adherence to statutes, laws and regulations, and other matters as the Council deems advisable. Such report or reports shall be in such form as the Council shall determine and shall be filed with the Board of County Commissioners and copies furnished to all elected officers. 50 7 (7) For the purposes of assisting the Council in carrying out the duties set forth in paragraph (6) above,the Council may appoint a performance auditor who shall be responsible solely to the Council. The Council shall determine his qualifications and compensation. He shall serve at the pleasure of the Council. The office of performance auditor need not be a permanent position, but the office may be filled by the Council as it deems necessary. Section 13-9. Nomination-of Councilmen. (1) Candidates for Councilmen shall be nominated without regard to political party affiliation, by petition on forms supplied by the County Clerk. A petition of nomination may consist of one or more sheets,but it shall contain the name and address of only one candidate. The petition may designate one or more persons as a committee to fill a vacancy in such nomination. (2) Nomination petitions may be circulated and signed beginning on the one hundred and tenth day and ending on the sixtieth day prior to the day of election. Each petition shall be signed by qualified electors to the following numbers: (a) For a candidate in the Council at large, at least two hundred (200) qualified electors residing within the County; (b) For a candidate from a geographic district, at least two hundred (200) qualified electors residing in the candidate's district. (3) Each qualified elector signing a petition shall add to his signature his place of residence by street and number, rural route and box number or other customary designation, except that a post office box number shall be insufficient. The circulator of each nomination petition shall make an affidavit that each signature thereon is the signature of the person whose name it purports to be and that each signer has stated to the circulator that he is a qualified elector of the County or county and district, as the case may be, for which the nomination is made. The signature of each signer of a petition shall constitute prima facie 51 ��/ Section 14-6. Long-Term Financing. The incurring of indebtedness by the County and the issuance of evidences of such indebtedness shall be authorized, made and executed in accordance with the laws of the State, including the borrowing of money to fund county projects,the pledging of project revenues in repayment thereof, and the issuance of revenue warrants,revenue bonds or other forms of evidence of such obligations. Section 14-7. Limitation on Annual Tax Levy. (1) Limitation. Except as otherwise provided herein, all ad valorem tax levies for county purposes, when applied to the total valuation for assessment of the County, shall be reduced so as to prohibit the levying of a greater amount of tax revenue than was levied from ad valorem taxation in the preceding year plus five percent(5%) except to provide for the payment of bonds and interest thereon. (2) Increased levy:procedure. ' 9 (a) If the Board be of the opinion, the amount of tax limited by the preceding Section will be insufficient for the County needs for the current year,it may submit the question of an increased levy to the County Council, and the County Council shall examine the needs of the County and ascertain from such examination the financial condition thereof, and if in the opinion of a majority of the County Council that the County is in need of additional funds, the Council may grant an increased levy for the County in such amount as it deems appropriate, and the County is authorized to make such increased levy. However,no such excess levy shall be granted which will allow a greater revenue than would be produced by applying the previous year mill levy to the current year's assessed valuation. (b) In case the County Council refuses or fails within fifteen(15)days after submission to it of an adopted budget to grant such increased levy, or all of it, or in the event an increase beyond that which the Council is authorized to grant is sought, the question may be submitted to the qualified electors of the County at a general or special election called for that purpose. 55 l (7) The final decision of a competent tribunal finding an officer guilty of a crime. Section 16-8. Boards-Composition. 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 (3) year 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. Section 16-9. Conflict of Interest. (1) General: No county officer,member of an appointed board, or employee shall have any interest in any enterprise or organization doing business with Weld County which might interfere with the unbiased discharge of his duty to the public and the best interest of the County. This restriction shall not apply where the officer, member of an appointed board, or employee's department has no direct contact nor business transaction with any such enterprise or organization. (2) Specific: 66 /� (a) No employee of the Central Purchasing Division shall have any interest in any enterprise or organization doing business with Weld County. (b) Neither the Treasurer nor employees of the Treasurer's Office shall have any proprietary interest in any financial institution in which the County maintains deposits. (3) Question referred to Council: In the event a question arises as to possible conflict of interest between any county officer,member of an appointed board, or employee, and any enterprise or organization doing business with Weld County, the question will be presented to the County Council for review, investigation, decision and resolution. The judgment and decision of the Council shall be considered final and shall be made a matter of public record. Section 16-10. Definitions. - Unless the context otherwise requires, the words or phrases defined herein shall be given the meaning set forth in this Section. (1) Affidavit--A statement verifying the truth of the matters stated, and sworn to before a person authorized by law to administer oaths. (2) Administrative Code -- A compilation of Board policies, directives and administrative procedures which relate primarily to internal functioning and to the conduct of county government, in regard to the public at large. (3) Agency--Any board,bureau, commission, department, division, or other organizational unit in the administrative branch of county government. 67 ( • CO CONST Art. 14, § 8, County officers--election--term--salary Page 1 *2530 C.R.S.A. Const.Art. 14,§8 HISTORICAL NOTES WEST'S COLORADO REVISED STATUTES ANNOTATED 2001 Electronic Update CONSTITUTION OF THE STATE S.C.R.00-005, § 1 deleted "one county superintendent of OF COLORADO 118761 schools" following "taxes;" and deleted the final sentence, ARTICLE XIV. COUNTIES which read: "The officers herein named elected at the COUNTY OFFICERS general election in 1954 shall hold their respective offices until the second Tuesday of January, 1959." Current with amendments received through S.C.R.00-005,§§2 and 3 provide: December 31, 2000. "Section 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast § 8. County officers--election—term— a vote as provided by law either 'Yes' or 'No' on the salary proposition: 'AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE REPEAL OF OUTDATED There shall be elected in each county, at the PROVISIONS OF THE STATE CONSTITUTION same time at which members of the general RESULTING FROM OBSOLESCENCE AND assembly are elected, commencing in the year APPLICABILITY TO PARTICULAR EVENTS OR nineteen hundred and fifty-four, and every four CIRCUMSTANCES THAT HAVE ALREADY OCCURRED.' years thereafter, one county clerk, who shall be ex officio recorder of deeds and clerk of the "Section 3.The votes cast for the adoption or rejection of board of county commissioners; one sheriff; said amendment shall be canvassed and the result one coroner; one treasurer who shall be determined in the manner provided by law for the Collector of taxes; one county surveyor; one canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have county assessor; and one county attorney who voted'Yes',the said amendment shall become a part of the may be elected or appointed, as shall be state constitution." provided by law; and such officers shall be paid such salary or compensation, either from the *2531 The amendment of this section proposed by 2000, fees, perquisites and emoluments of their S.C.R. 00-005,was ratified by the electorate at the general election on November 7, 2000, effective upon the respective offices, or from the general county proclamation of the govemor,December 28,2000. fund, as may be provided by law. The term of office of all such officials shall be four years, An amendment to this section proposed by 2000,H.C.R. and they shall take office on the second Tuesday 00-1001 was defeated by the electorate at the general election of November 7,2000. in January next following their election, or at such other time as may be provided by law. REFERENCES CREDIT(S) CROSS REFERENCES 1990 Main Volume Compensation of county officers,see§ 30-2-101 et seq. County attorney,see§30-11-118. Amended by Laws 1901, SB.318, § 2; Laws 1955, c.98, County officers,see§30-10-101 et seq. Initiated 1954. LIBRARY REFERENCES 2000 Electronic Update 1990 Main Volume Amended by 2000,S.C.R.00-005,§1,of Dec.28,2000. Counties X38 et seq.,61 et seq. <General Materials (GM) - References, WESTLAW Topic No. 104. Annotations, or Tables> C.J.S.Counties§§74, 100. Copyright (c) West Group 2001 No claim to original U.S. Govt. works /2 CRSA § 1-12-206, Vacancies in the office of county commissioner Page 1 *3861 C.R.S.A. § 1-12-206 the vice-chairperson of the county commissioner district central committee, and a WEST'S COLORADO REVISED third person designated by the chairperson and STATUTES ANNOTATED vice-chairperson from among the precinct TITLE 1. ELECTIONS committeepersons of the same district and the GENERAL, PRIMARY,AND same political party as the vacating CONGRESSIONAL VACANCY commissioner. ELECTIONS (4) If the vacating commissioner is ARTICLE 12. RECALL AND unaffiliated, then a registered unaffiliated VACANCIES IN OFFICE successor shall be appointed by the governor, PART 2. VACANCIES IN OFFICE acting as a vacancy committee, within ten days after the vacancy. Current through End of2000 2nd Reg. Sess. (4.5) If the vacating commissioner is affiliated § 1-12-206. Vacancies in the office of with a minor political party, then a registered county commissioner elector affiliated with the same minor political party shall be appointed as the successor (1) In case of a vacancy occurring in the office pursuant to the constitution or bylaws of the of county commissioner, a vacancy committee minor political party. constituted as provided in this section shall,by a majority vote of the quorum present, fill the (5) Any person appointed to a vacancy in the vacancy by appointment within ten days after office of county commissioner under this the occurrence of the vacancy. If the vacancy section shall be a resident of the county and committee fails to fill the vacancy within ten reside within the district; if any, in which the days, the governor shall fill it by appointment vacancy exists and shall be a member of the within fifteen days. same political party or minor political party, if any, shown on the registration books of the (2) If the vacating commissioner was elected county clerk and recorder as the vacating by the electors of the whole county, whether at commissioner. Any person appointed pursuant large or from a district, the successor shall be to this section shall hold the office until the next appointed by a vacancy committee constituted general election or until the vacancy is filled by of those persons selected at the county central election according to law. committee organizational meeting of the same *3862 political party as the vacating commissioner. CREDIT(S) (3) If the vacating commissioner was elected 2000 Main Volume only by the electors of the district from which the vacating commissioner was elected, the Repealed and reenacted by Laws 1992,HB.92-1333,§15, county commissioner district central committee eff Jan. 1, 1993. Amended by Laws 1998, Ch. 95, § 16, of the same district and political party as the eff April 13, 1998. vacating commissioner shall appoint a vacancy <General Materials (GM) - References, committee whose sole purpose shall be to name Annotations, or Tables> a successor to the position of county commissioner. In the event the county HISTORICAL NOTES commissioner district central committee fails to appoint a vacancy committee, the vacancy HISTORICAL AND STATUTORY NOTES committee shall consist of the chairperson and Copyright(c)West Group 2001 No claim to original U.S. Govt. works / 3 • CRSA § 30-10-105, When office becomes vacant Page 1 *49006 C.R.S.A. §30-10-105 office without pay until his conviction is final and he has exhausted, or by failure to assert WEST'S COLORADO REVISED them has waived, all rights to new trial and all STATUTES ANNOTATED rights of appeal. At the time such officer's TITLE 30. GOVERNMENT-- conviction is final and he has exhausted, or by COUNTY failure to assert them has waived, all rights to COUNTY OFFICERS appeal and new trial, the said board shall ARTICLE 10. COUNTY OFFICERS remove such officer from office and his PART I. GENERAL PROVISIONS successor shall be appointed as provided by statute, unless during such period of suspension a successor has been duly elected and qualified Current through End of 2000 2nd Reg.Sess. and said successor, whether so appointed or elected, shall be the duly constituted officer. § 30-10-105.When office becomes vacant (3) Should the officer suspended from office (1) Every county office shall become vacant, by the board of county commissioners as on the happening of any one of the following provided in this section be found not guilty in a events, before the expiration of the term of state or federal court either on appeal, original office: trial, or new trial, the board shall forthwith reinstate such officer and give him his back pay, (a)The death of the incumbent; unless during such period of suspension a successor to such suspended officer has been (b)The resignation of the incumbent; duly elected and qualified. In the event a successor to such suspended officer has been so (c)The removal of the incumbent; elected and qualified, such suspended officer shall receive his back pay only up to the (d) The incumbent's ceasing to be an expiration date of his regular term of office and inhabitant of the county for which he was he shall not be reinstated or paid further unless elected or appointed; he is such person duly elected and qualified. (e) The incumbent's refusal or neglect to take *49007 (4)(a) Any county officer shall be his oath of office, to give or renew his official declared incapacitated when there is a judicial bond, or to deposit such oath and bond within determination that he is unable to routinely and the time prescribed by law; fully carry out the responsibilities of his office by virtue of mental or physical illness or (f) The decision of a competent tribunal disability and he has been so unable for a declaring void his election or appointment; continuous period of not less than six months immediately preceding the finding of (g) The incumbent is declared incapacitated in incapacity. The quantum of proof required, the the manner provided in subsection (4) of this procedures to be followed, and the rights section. reserved to the subject of any determination of incapacity under this subsection (4) shall be (h) Repealed by Laws 1990, H.B.90-1316, § those specified for the appointment of guardians 43. in part 3 of article 14 of title 15, C.R.S., to the extent applicable. (2) In the event a county officer is found guilty of any felony or infamous crime by a court or (b) A proceeding to determine incapacity jury, the board of county commissioners shall under this subsection(4) shall be commenced in immediately suspend such county officer from the district court by a majority of the board of Copyright(c) West Group 2001 No claim to original U.S. Govt. works /4 • CRSA § 30-10-105, When office becomes vacant Page 2 county commissioners. With respect to a county commissioner, proceedings shall be Laws 1990, S.B.90-62 added par. (1)(h) providing for commenced when said commissioner fails to vacancy in office when the incumbent fails to meet attend any regular meeting of the board of requirements of § 30-10-501.5(2) and (3) which was repealed by Laws 1990,H.B.90-1316,§43. county commissioners for a period of six months. With respect to any county officer Laws 2000,Ch.368,§ 15,eff.Jan. 1,2001,in par.(4)(a), other than a county commissioner, proceedings substituted "part 3 of article 14 of title 15" for "section shall be commenced when such officer fails to 15-14-303". report to his office or other regular place of Section 17 of Laws 2000,Ch.368 provides: business for a period of six months. "Effective date--applicability. This act shall take effect (c) In any county having a population of less January 1, 2001, and shall apply to appointments of guardians or conservators made on or after said date." than one hundred thousand, the county shall be '49008 represented in the district court by the district attorney or by a qualified attorney acting for the REFERENCES district attorney who is appointed by the district court for that purpose. In any county having a CROSS REFERENCES population of one hundred thousand or more, the county shall be represented by the county vacancies in county offices,see§ 1-12-205. attorney or a qualified attorney acting for the county attorney who is appointed by the district LIBRARY REFERENCES court for that purpose. 1990 Main Volume CREDIT(S) Counties 465. 1990 Main Volume WESTLAW Topic No. 104. C.J.S.Counties§§ 106, 107. Laws 1957,S.B.29,§1; Laws 1989,HB.1070,§§1,2. ANNOTATIONS 2000 Electronic Update NOTES OF DECISIONS Amended by Laws 1990, H.B.90-1316, §43, eff May 31, 1990; Laws/990,S.B.90-62,§2,eff.April 5, 1990; Laws Criminal conviction 3 2000, Ch. 368,§15,eff Jan. 1,2001. Death following election and prior to term of office 2 Due process 1 PRIOR COMPILATIONS Resignation to qualify for reelection 4 Term of officeholding upon filling vacancy 5 1990 Main Volume 1.Due process Prior Compilations: Gen.Laws 1877,§561; Gen.St.1883, Deputy sheriff was not a"county officer" entitled to due § 661; Rev.St.1908, § 1359; Comp.Laws 1921, §8836; process protections under Colorado law; rather, deputy C.S.A.1935, c. 45, § 183; C.R.S.1953, § 35-1-5; sheriff was more accurately a county employee, serving C.R.S.1963,§35-1-5. under sheriff, who was a county officer. Seeley v. Board of County Com'rs for La Plata County, Cob., 1987, 654 <General Materials (GM) - References, F.Supp. 1309. Annotations,or Tables> 2.Death following election and prior to term of office HISTORICAL NOTES Where a county clerk dies after his election and before he has taken office, the office is vacant on the expiration of HISTORICAL AND STATUTORY NOTES the term of the old clerk,under section 1472 Mills'Ann.St. and section 10 of article 12 of the constitution, and the 2001 Electronic Update county commissioners may fill the vacancy until the next Copyright(c)West Group 2001 No claim to original U.S. Govt. works / 6- • CRSA § 30-2-104, Compensation of deputies and assistants Page 1 *48856 C.R.S.A. §30-2-104 workweek which generally characterizes office work. WEST'S COLORADO REVISED STATUTES ANNOTATED (II) Such workweek formulas may provide for TITLE 30. GOVERNMENT-- work time in excess of forty hours during COUNTY consecutive seven-day calendar periods. In COMPENSATION—FEES such cases, computation of forty-hour pay ARTICLE 2. COMPENSATION OF periods may be based on an averaging formula COUNTY AND OTHER OFFICERS covering more than such seven-thy calendar period. Current through End of 2000 2nd Reg. Sess. (III) Authorized overtime work shall relate to such averaged workweeks where determined in § 30-2-104. Compensation of deputies and the classification and compensation plan assistants applicable to a described department or service. (1)(a) The county clerk and recorders, county (IV) All employees who work overtime treasurers, county assessors, and county pursuant to any classification and compensation coroners of the respective counties may appoint plan shall receive overtime compensation, either such deputies, assistants, and employees as shall in cash or in compensatory time. be necessary at such compensation, payable monthly, as shall be fixed by said officers with *48857 (2) In the event litigation is instituted the approval of the boards of county relating to compensation or classification, the commissioners of their respective counties. burden of proof shall be upon the plaintiff or the Except for those employees provided for elected official instituting such action. Costs of pursuant to article 1 of title 26, C.R.S.,boards of any litigation instituted by an elected official county commissioners are hereby empowered to shall be paid out of the county general fund. adopt a classification and compensation plan for all county employees paid in whole or in part by CREDIT(S) the county. Such classification and compensation plan shall include workweek 1990 Main Volume formulas of not less than forty hours designed to satisfy the varying requirements of each county Laws 1945, S.B.390, § 9; Laws 1973, H.B.1196, § /; Laws 1979, FLB.I158, § 1; Laws 1981, S.B.122, § I; service and county department as provided in Laws 1984,S.B.42, §3. paragraph (b) of this subsection (1). Upon the acceptance by any elected official, said plan PRIOR COMPILATIONS shall become binding upon the employees of that office. Changes in benefits,pay grades, and 1990 Main Volume job classifications of employees shall thereafter be made in accordance with such plan. Prior Compilations: C.S.A.1935, a 66, § 58(9); C.R.S.1953,§56-2-10; C.R.S.1963,§56-2-10. (b)(I) Notwithstanding any other provision of law to the contrary, workweek formulas shall ANNOTATIONS take into account the various services provided by the county, the operation of the various NOTES OF DECISIONS county departments, and the demands which Attorneys fees and costs 5 such services and operations have in requiring Burden of proof 4 employees to be on the job in a manner which is County board powers and duties 1 not in conformity with the basic forty-hour Injunctive relief 3 Copyright(c)West Group 2001 No claim to original U.S. Govt. works /C • CRSA § 30-2-108, Coroner--compensation Page 1 *48864 C.R.S.A.§30-2-108 witnesses, and swearing jurors and witnesses, as are now allowed by law for like service. For all WEST'S COLORADO REVISED services performed in place of the sheriff, the STATUTES ANNOTATED coroner shall receive the same fees as are TITLE 30. GOVERNMENT-- allowed to the sheriff for like service. COUNTY COMPENSATION-FEES CREDIT(S) ARTICLE 2. COMPENSATION OF 1990 Main Volume COUNTY AND OTHER OFFICERS Laws 1891, SB.S, § 9; Laws 1915, H.B.140, § 1; Laws Current through End of2000 2nd Reg. Sess. 1970, H.B.1108, § 2; Laws 1973, H.B.1534, §2; Laws 1978, S.B.1/, § 7; Laws 1980, SB.44, § 6; Laws 1981, S.B.122,§2; Laws 1989,KB.1134,§1. § 30-2-108. Coroner--compensation PRIOR COMPILATIONS (1) In counties of every class, the coroner shall be compensated at a rate approved by the board 1990 Main Volume of county commissioners of the respective county and shall be reimbursed for such mileage Prior Compilations: Rev.Sr.1908, § 2577; Comp.Laws 1921, § 7935; C.S.A.1935, c. 66, § 85; C.R.S.1953, § as shall be determined by resolution of the board of county commissioners of the county or 56-2-17; C.R.S.1963,§56-2-17. as provided by the charter of a home rule REFERENCES county, within the limits provided under section 30-11-107(1)(t), for each mile actually and CROSS REFERENCES necessarily traveled in going to and returning from the place of investigation or the place of Coroner,see§30-10-601 et seq. inquest, all of which compensation shall be paid out of the county treasury. No county coroner LIBRARY REFERENCES shall have his compensation increased during the term of office to which he has been elected 1990 Main Volume or appointed. Coroners 07=7. Sheriffs and Constables«25. (2) In addition to the fees provided in WESTLAW Topic Nos. 100,353. subsection (1) of this section, the coroner shall C.J.S.Coroners§28. receive the same fees for summoning jurors and C.J.S.Sheriffs and Constables§32. Copyright(c)West Group 2001 No claim to original U.S. Govt. works / 7 CRSA § 30-10-518, Coroner when acting as sheriff Page 1 *49145 C.R.S.A.§30-10-518 1990 Main Volume WEST'S COLORADO REVISED STATUTES ANNOTATED Prior Compilations: Gem Laws 1877,§500; Gen.St.1883, TITLE 30. GOVERNMENT-- § 604; Rev.St.1908, § 1287; Comp.Laws 1921, §8762; C.SA.1935, c.45, § 109; C.R.S1953, § 35-5-18; COUNTY C.R.S.1963,§35-5-18. COUNTY OFFICERS ARTICLE 10. COUNTY OFFICERS <General Materials (GM) - References, PART 5. SHERIFF Annotations, or Tables> REFERENCES Current through End of 2000 2nd Reg. Sess. CROSS REFERENCES § 30-10-518. Coroner when acting as sheriff Coroner acting as sheriff,see§30-10-604. LIBRARY REFERENCES The provisions of sections 30-10-503 and 30-10-517 shall apply to all coroners when by 1990 Main Volume virtue of the laws of the state they are required to perform the duties of sheriff. Sheriffs and Constables X25. WESTLAW Topic No.353. PRIOR COMPILATIONS C.J.S. Sheriffs and Constables§32. Copyright(c)West Group 2001 No claim to original U.S. Govt. works • CRSA § 30-10-106, Substitute officers have same powers and compensation Page 1 *49011 C.R.S.A. §30-10-106 1990 Main Volume WEST'S COLORADO REVISED STATUTES ANNOTATED Laws 1964,S.B.27,§47. TITLE 30. GOVERNMENT- PRIOR COMPILATIONS COUNTY COUNTY OFFICERS 1990 Main Volume ARTICLE 10. COUNTY OFFICERS Prior Compilations: Gen.Laws 1877,§562; Gen.St.1883, PART 1. GENERAL PROVISIONS § 662; Rev.St.1908, § 1360; Comp.Laws 1921, § 8837; C.S.A.1935, c. 45, § 184; C.R.S1953, § 35-1-6; Current through End of 2000 2nd Reg. Sess. CR.S1963,§35-l-6. <General Materials (GM) - References, § 30-10-106. Substitute officers have same Annotations, or Tables> powers and compensation REFERENCES When any coroner is required to act as sheriff, LIBRARY REFERENCES or any other officer in this state is required to perform any duties belonging to any other 1990 Main Volume office, for the time being,he shall have the same powers in respect to that duty as are given by Coroners tt=5. law to the officer whose duties he performs, and Counties X81. shall be entitled to receive the same Sheriffs and Constables G=25,26. for his services. WESTLAW Topic Nos. 100, 104,353. compensation C.J.S.Coroners§ 11. • C.J.S.Counties§ 131. CREDIT(S) C.J.S.Sheriffs and Constables§§32,33. Copyright(c)West Group 2001 No claim to original U.S. Govt. works /7 CRSA § 30-10-516, Sheriffs to preserve peace--command aid Page 1 *49141 C.R.S.A.§30-10-516 Assisting peace officer in making arrest,see§ 16-3-202. WEST'S COLORADO REVISED Refusal to assist peace officer,see§ 18-8-107. STATUTES ANNOTATED Workers' compensation, posse participants deemed employees,see§8-40-202. TITLE 30. GOVERNMENT— COUNTY LIBRARY REFERENCES COUNTY OFFICERS 1990 Main Volume ARTICLE 10. COUNTY OFFICERS PART 5. SHERIFF Sheriffs and Constables tr86. WESTLAW Topic No.353. Current through End of 2000 2nd Reg. Sess. C.J.S.Sheriffs and Constables§42. ANNOTATIONS § 30-10-516. Sheriffs to preserve peace— command aid NOTES OF DECISIONS It is the duty of the sheriffs, undersheriffs, and Powers,in general 1 deputies to keep and preserve the peace in their Preservation of peace 2 respective counties, and to quiet and suppress 1.Powers,in general all affrays, riots, and unlawful assemblies and insurrections. For that purpose, and for the Deputy sheriffs of the City and County of Denver have no service of process in civil or criminal cases, and powers and duties other than those prescribed by rules and in apprehending or securing any person for directives of the manager of safety, and do not have felony or breach of the peace, they, and every general police power provided by statute for sheriffs and their deputies in other counties. International Broth. of coroner, may call to their aid such person of Police Officers, Local No. 127 v. City and County of their county as they may deem necessary. Denver, 1974,521 P.2d 916, 185 Colo.50. CREDIT(S) *49142 2.Preservation of peace In action for death of relator's husband allegedly caused 1990 Main Volume by deputy sheriff in exercising excessive force while engaging in his official duty to preserve the peace, Laws 1964, S.B.28,§7. complaint was sufficient as against motion to dismiss for failure to state claim on which relief could be granted PRIOR COMPILATIONS under Rules of Civil Procedure though several allegations therein as to deputy's performance of duties under color of 1990 Main Volume office were conclusions of law. People ex rel. Bauer v. McCloskey, 1944, 150 P.2d 861, 112 Colo.488. Prior Compilations: Gen.Laws 1877,§497; Gen.St.1883, § 601; Rev.St.1908, § 1284; Comp.Laws 1921, §8759; Deputy sheriff should preserve peace, suppress C.S.A.1935, c.45, § 106; C.R.S.1953, § 35-5-16; assemblage of boys engaged in Halloween pranks, prevent C.R.S1963,§35-5-16. malicious mischief, and arrest without warrant boys taking wagon into street. Corder v. People, 1930, 287 P. 85, 87 <General Materials (GM) - References, Colo.251. Annotations,or Tables> Whether Halloween pranks constituted disturbance of peace,and whether there was unlawful assemblage held for REFERENCES jury, as regards question whether deputy sheriff shooting boy acted in official capacity. Corder v.People, 1930,287 CROSS REFERENCES P. 85,87 Colo.251. Copyright(c) West Group 2001 No claim to original U.S. Govt. works • CRSA § 30-10-604, Coroner shall act as sheriff, when Page 1 *49158 C.R.S.A. §30-10-604 § 612; Rev.St.1908, § 1297; CompLaws 1921, § 8772; C.S.A.1935, c.45, § 119; C.R.S.1953, § 35-6-4; WEST'S COLORADO REVISED C.R.S./963,§35-6-4. STATUTES ANNOTATED <General Materials (GM) - References, TITLE 30. GOVERNMENT-- Annotations, or Tables> COUNTY COUNTY OFFICERS REFERENCES ARTICLE 10. COUNTY OFFICERS CROSS REFERENCES PART 6. CORONER Coroner when acting as sheriff,see§30-10-518. Current through End of2000 2nd Reg. Sess. LIBRARY REFERENCES § 30-10-604. Coroner shall act as sheriff, 1990 Main Volume when Sheriffs and Constables'Constables cEt25. When there is no sheriff in any county, it is the WESTLAW Topic No.353. duty of the coroner to exercise all the powers C.J.S.Sheriffs and Constables§32. and duties of the sheriff of his county until a sheriff is appointed or elected and qualified; ANNOTATIONS and when the sheriff for any cause is committed NOTES OF DECISIONS to the jail of his county, the coroner shall be keeper of such jail during the time the sheriff Service of summons remains a prisoner. 1.Service of summons PRIOR COMPILATIONS Gen.St.1883, § 612 et seq.,providing that in certain cases the coroner shall act as sheriff, does not authorize the 1990 Main Volume coroner, on an execution issued to him, to serve summons in garnishment on a deputy sheriff. Tate v. People, Prior Compilations: Gen.Laws 1877,§508; Gen.St.1883, App.1895,40 P.471,6 Colo.App.202. Copyright(c)West Group 2001 No claim to original U.S. Govt. works • CRSA § 30-10-605, When sheriff a party or disqualified Page 1 *49159 C.R.S.A. §30-10-605 NOTES OF DECISIONS WEST'S COLORADO REVISED STATUTES ANNOTATED In general 1 Actions to which sheriff is party 3 TITLE 30. GOVERNMENT- Affidavits of prejudice 6 COUNTY Conflict of interest 2 COUNTY OFFICERS Disqualification of sheriff and coroner 5 Venire 4 ARTICLE 10. COUNTY OFFICERS Waiver of objection 7 PART 6. CORONER 1.In general Current through End of 2000 2nd Reg. Sess. Where sheriff is disqualified,his duties in serving process and summoning jurors devolve upon the county coroner. § 30-10-605. When sheriff a party or Montez v.People, 1942, 132 P.2d 970, 110 Colo.208. disqualified 2.Conflict of interest (1) Every coroner shall serve and execute Under Rev.St.1908, § 1299,providing that,when a party process of every kind and perform all other makes and files with the clerk an affidavit stating that he duties of the sheriff when the sheriff is a party believes that the sheriff will not, by reason of partiality, prejudice, consanguinity, or interest, faithfully perform his to the case, or where affidavit is made and filed duties in any suit commenced or about to be commenced, as provided in this section, and in all such cases the clerk shall direct all process therein to the coroner,who he shall exercise the powers and proceed in the shall execute the same in like manner as the sheriff might same manner as prescribed for the sheriff in the have done,an objection to the sheriff in serving venire that he and his deputies were witnesses for the state in a performance of similar duties. prosecution for a misdemeanor does not bring the case within the principle of the disqualifying statute. Hoffman (2) Whenever any party, his agent, or attorney v.People, 1923,212 P. 848,72 Colo.552. makes and files with the clerk of the proper court an affidavit stating that he believes that 49160 3.Actions to which sheriff is party the sheriff of such county by reason of either Rev.St.1908, § 1298, declaring that the coroner shall partiality, prejudice, consanguinity, or interest, serve and execute process of every kind when the sheriff will not faithfully perform his duties in any suit shall be a party to the case, uses the term "party" as commenced or about to be commenced in such meaning a person whose name is expressly mentioned in court, the clerk shall direct the original process the record as one of the plaintiffs or defendants: so where the sheriff,as trustee holding the legal title to land involved in such suit to the coroner,who shall execute the in a suit was a party he could not serve process although he process in like manner as the sheriff might or had no beneficial interest. Wise v. Toner, 1918, 176 P. should have done. 838,65 Colo.420. Under Civ.Code 1883, p. 13, § 39, providing that PRIOR COMPILATIONS summons shall be served by the sheriff of the county where defendant is found, or by one appointed by him, and 1990 Main Volume Gen.St.1883, §§ 613, 614, providing that, whenever the sheriff shall be a party to the cause, the coroner shall Prior Compilations: Gen.Laws 1877, §5 509, 510; execute all process therein,a plaintiff cannot serve his own Gen.St.1883, §§ 613, 614; Rev.St.1908, §§ 1298, 1299; summons. Toenniges v. Drake, 1884, 4 P. 790, 7 Colo. Comp.Laws 1921, §§ 8773, 8774; CSA.1935, c.45, §§ 471. 120, 121; ; C.R.S.1953,§35-6-5; C.R.S.1963,§35-6-5. Where a sheriff is a party to a cause pending in the <General Materials (GM) - References, probate court, the coroner is the proper officer to execute process issuing out of such court in such case. Coon v. Annotations, or Tables> Rigden, 1878,4 Colo,275. ANNOTATIONS 4.Venire Copyright(c) West Group 2001 No claim to original U.S. Govt. works CONSECUTIVE TERMS OF OFFICE FOR ELECTED OFFICERS, EXCEPT COUNTY COMMISSIONER AND COUNTY COUNCILMAN CURRENT CHARTER LANGUAGE Section 6-4. Term of Office. (1) The term of office of all elected offices 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 all elected offices shall continue until a successor is elected and qualified. TO AMEND IN ORDER TO EXTEND NUMBER OF CONSECUTIVE TERMS BEYOND TWO 60'V.4M-1:,ttilhi ua twO mmmm�nvcort.�... 1 ELECTIVE OFFICERS CURRENT CHARTER LANGUAGE Section 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. FILLING OF VACANCIES AND SETTING SALARIES OF ELECTED OFFICES CURRENT CHARTER LANGUAGE 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 until the next general election, at which time a person shall be elected for the remainder of the term, if any. Section 6-3. Vacancy. Vacancies in elective offices, except County Commissioners and County Councilmen, shall be filled by the Board as provided by this Charter. Section 6-6. Compensation. (1) Compensation of all elected officers, except County Councilmen, shall be fixed by the County Council. (2) No elective officer's compensation shall be increased or decreased during his term of office, except as permitted by law. Section 13-7. Vacancies. (1) A vacancy shall be filled by appointment by the remaining members of the Council. (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. Section 13-8. Powers and Duties. (1) The Council shall set the salaries of all elected officials. In the case of the Board of County Commissioners, the effective date of any change in salary may be delayed so as to provide for equal compensation for all Commissioners at all times. (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 until the next general election, at which time a person shall be elected for the remainder of the term, if any. � .�....W..-Pd CRSA § 30-2-102, Categorization of counties for fixing salaries of county officers Page 1 *48776 C.R.S.A. § 30-2-102 shall be as follows: WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 30. GOVERNMENT--COUNTY County COMPENSATION--FEES Commissioners ARTICLE 2. COMPENSATION OF COUNTY AND OTHER OFFICERS (a) Category I $56,601 Current through End of2000 2nd Reg. Sess. (b) Category II 46,413 (c) Category III 37,357 § 30-2-102. Categorization of counties for fixing salaries of county officers (d) Category Iv 26, 942 (1) For the purpose of establishing the salaries (e) Category v 20,376 of county officers: (2.1) On and after January 1, 2001, the annual (a) Category I counties shall consist of the salaries of county officers whose term of office counties of Adams, Arapahoe, Boulder, begins on or after such date shall be as follows: Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld; (b) Category II counties shall consist of the County counties of Eagle, Fremont, Garfield, La Plata, *48777 Mesa, Pitkin, and Summit; (a) Category I 63,203 (c) Category III counties shall consist of the counties of Archuleta, Chaffee, Clear Creek, (b) Category II 51, 827 Delta, Grand, Gunnison, Las Animas, Moffat, Montrose, Morgan, Otero, Park, Rio Blanco, (c) category III 41,714 San Miguel,Routt,Logan,and Teller; (d) Category IV 35,394 (d) Category IV counties shall consist of the counties of Alamosa, Elbert, Gilpin, Huerfano, (e) Category v 32,613 Kit Carson, Lake, Montezuma, Ouray, Prowers, Rio Grande, and Yuma; (2.3) Repealed by Laws 1990, H.B.90-1139, § 2. (e) Category V counties shall consist of the counties of Baca, Bent, Cheyenne, Conejos, (2.5)(a)Repealed by Laws 1990, H.B.90-1139, Costilla, Crowley, Custer, Dolores, Hinsdale, § 2. Jackson, Kiowa, Lincoln, Mineral, Phillips, Saguache, San Juan, Sedgwick, and (b)Repealed by Laws 1987,H.B.1355, § 40. Washington. (2.7) Deleted by Laws 1997, S.B.97-10, § 1. (2) On and after January 1, 1999, but prior to January 1, 2001, the annual salaries of county (2.8) The general assembly hereby finds and officers whose term of office begins on or after declares that: January 1, 1999, but prior to January 1, 2001, Copyright(c)West Group 2001 No claim to original U.S. Govt. works G� CRSA § 30-2-102, Categorization of counties for fixing salaries of county officers Page 2 (a)The rate of compensation of elected county Laws 1973, H.B.1534, § 1; Laws 1977, H.B.1721, § 1. officers shall be provided in accordance with the Repealed and reenacted by Laws 1981, H.B.1232, § 1. rovisions set forth in section 15 of article XIV Laws 1986, H.B.1075, §§ 1, 2; Laws 1987, H.B.1355, § p 40; Laws 1988, S.B.113,§3; Laws 1989, H.B.1021,§§1, of the state constitution; 2. (b) The salaries of county commissioners, 2000 Electronic Update county sheriffs, and county treasurers, assessors, and clerk and recorders have been fixed by law *48778 Amended by Laws 1990,H.B.90-1139,§§1, 2, eff April 17, 1990; Laws 1991, H.B.91-1050, § I, eff. March through the enactment of this section. 28, 1991; Laws 1992,HB.92-1156,§3, efj.June 1, 1992; Laws 1997, S8.97-10, § 1, eff Aug. 6, 1997; Laws 1998, (c) Deleted by Laws 1998, Ch. 142, § 1, eff Ch. 142, § 1, eff April 21, 1998; Laws 2000, Ch. 96, §1, April 21, 1998. eff:July 1,2000. (3)(a) to (d) Repealed by Laws 1986, PRIOR COMPILATIONS H.B.1075, § 2. 1990 Main Volume (e) No elected officer shall have his Prior Compilations: C.R.S.1963,§56-2-4. compensation increased or decreased during the term of office to which he has been elected or HISTORICAL NOTES appointed. All actual and necessary expenses of an elected officer incurred while engaged in HISTORICAL AND STATUTORY NOTES business on behalf of the county may be allowed by the board of county commissioners and paid 2001 Electronic Update out of the county treasury. Laws 1998,Ch. 142,§2,provides: • (4) The board of county commissioners may "Effective date--applicability. This act shall take effect adjust the salaries established in this section pro upon passage and shall apply to terms of office rata for county officers working part-time. commencing on or after the effective date of this act." (5) The salaries established pursuant to this REFERENCES section shall remain in effect until such time CROSS REFERENCES that section 15 of article XIV of the constitution of the state of Colorado is amended to authorize Local government, sales or use tax increments for funding or direct the board of county commissioners in of health service district operations, exemption from each county to fix the compensation of county limitation,see§29-2-108. officers. ANNOTATIONS (6) If any provision of this section is found to NOTES OF DECISIONS be unconstitutional by a court of competent jurisdiction, the remaining provisions of this Cost of living adjustments 2 section are valid, unless the court determines Salary reduction I that the valid provisions, standing alone, are incomplete and are incapable of being executed. 1.Salary reduction CREDIT(S) Housing allowance paid to sheriff by county was unauthorized and its elimination did not violate prohibition against reduction of salary or compensation during the term 1990 Main Volume of office of a public official. Van Cleave v. Board of County Com'rs of Adams County, App.1973, 518 P.2d Repealed and reenacted by Laws 1970, H.B.1108, § 1. 1371,33 Colo.App.227. Copyright(c) West Group 2001 No claim to original U.S. Govt. works 6 QUALIFICATIONS OF ELECTIVE OFFICERS CURRENT CHARTER LANGUAGE Section 3-3. Qualifications of Members. Commissioners from districts shall reside within their geographic districts when nominated, elected or appointed and during their terms of office. Section 6-1. Elective Officers. The Elective Officers ofthe 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. (Emphasis added.) Section 6-5. Qualifications. (1) All elected officers shall be qualified electors of the County. (2) All elected officers shall have resided in the County for a consecutive period of not less than one (1) year immediately preceding election. (3) All elected officers shall be at least twenty-one (21) years of age before assuming office. (4) Except for County Councilmen,each county office shall be the primary employment of the officer during the term for which he is elected or appointed. Section 10-1. Qualifications. The County Sheriff shall be a graduate of a certified law enforcement academy or institution requiring at least 90 quarter(60 semester)credit hours for graduation;or have had a minimum of five years experience as an administrator in law enforcement at the rank of Sergeant, or above. Section 13-2. Qualifications of Members. (1) Councilmen from districts shall reside within their geographic districts when nominated, elected or appointed and during their terms of office. (2) Councilmen shall not hold any other county elective office and shall not be a county employee. CRSA § 30-10-501.5, Qualifications Page 1 *49034 C.R.S.A. § 30-10-501.5 sheriff, unless pardoned. The results of such fingerprint analysis shall be confidential; WEST'S COLORADO REVISED except that the county clerk and recorder may STATUTES ANNOTATED divulge whether such person is qualified or TITLE 30. GOVERNMENT--COUNTY unqualified for the office of sheriff. COUNTY OFFICERS CREDITS) ARTICLE 10. COUNTY OFFICERS PART 5. SHERIFF 2000 Electronic Update Current through End of 2000 2nd Reg. Sess. Added by Laws 1990, S.B.90-62, § 1, eff. April 5, 1990. Amended by Laws 1990, H.B.90-1319, § 4, eff. June 8, 1990; Laws 1995, H.B.95-1212, §46, eff May 31, 1995. § 30-10-501.5. Qualifications Repealed and reenacted by Laws 1997, S.B.97-212, § 1, eff.May 21, 1997. (1)No person shall be eligible for nomination, election, or appointment to the office of sheriff <General Materials (GM) - References, unless such person: Annotations, or Tables> REFERENCES (a) Is a citizen of the United States, is a citizen of the state of Colorado, and is a resident of the CROSS REFERENCES county to which the person is to be appointed or elected; General election,sheriff,see§ 1-4-206. *49035 (b) Possesses a high school diploma or its ANNOTATIONS equivalent or a college degree; NOTES OF DECISIONS (c) Has had a complete set of fingerprints taken by a qualified law enforcement agency Retroactivity 2 and submitted a receipt evidencing such Validity 1 fingerprinting at the time of filing his or her 1.Validity written acceptance pursuant to section 1-4-601(3), 1-4-906, or 1-4-1002(5), C.R.S., or Former statute mandating suspension of county sheriff's a candidate filing an affidavit of intent pursuant salary if sheriff failed to meet training and certification requirements within one year was unconstitutional, as it to section 1-4-1101, C.R.S. Such law imposed qualifications in addition to those mandated by enforcement agency shall forward the State Constitution, which created the office. Jackson v. fingerprints to the Colorado bureau of State, 1998,966 P.2d 1046,rehearing denied. investigation. The bureau shall utilize such 2.Retroactivity fingerprints, its files and records, and those of the federal bureau of investigation for the Referendum that amended Colorado Constitution to give purpose of determining whether the person has General Assembly authority to establish qualifications for ever been convicted of or pleaded guilty or office of county sheriff did not operate retroactively to entered a plea of nolo contendere to any felony remedy constitutional infirmities of statute that imposed qualifications in addition to those mandated by Colorado charge under federal or state laws. The Constitution, where referendum provided that General Colorado bureau of investigation shall notify the Assembly"shall" have authority to establish qualifications county clerk and recorder of the county wherein for the office. Jackson v. State, 1998, 966 P.2d 1046, the person is a candidate of the results of the rehearing denied. fingerprint analysis. In the event that a Training and certification requirements for office of conviction or plea is disclosed, such person county sheriff, contained in statute which was reenacted shall be deemed unqualified for the office of following referendum that amended State Constitution to Copyright(c)West Group 2001 No claim to original U.S. Govt. works CRSA § 30-10-601,Legislative declaration--coroner--election--qualifications--duties Page 1 *48833 C.R.S.A. § 30-10-601 CREDIT(S) WEST'S COLORADO REVISED 1990 Main Volume STATUTES ANNOTATED Laws 1956,S.B.18, §3; Laws 1981,N..B.1164, §I; Laws TITLE 30. GOVERNMENT-- 1989, H.B.1134, §2. COUNTY COUNTY OFFICERS PRIOR COMPILATIONS ARTICLE 10. COUNTY OFFICERS 1990 Main Volume PART 6. CORONER Prior Compilations: Gen.Laws 1877,§507; Gen.St.1883, § Current through End of 2000 2nd Reg. Sess. 611; Rev.St.1908, §1294; Comp.Laws 1921, §8769; C.S.A.1935,c.45, §116; C.R.S.1953, §35-6-1; C.R.S.1963, §35-6-1. § 30-10-601. Legislative declaration-- coroner--election--qualifications--duties <General Materials(GM) -References, Annotations,or Tables> (1)(a)It is the intent of the general assembly to REFERENCES encourage candidates for the office of county coroner to possess knowledge and experience in CONSTITUTIONAL PROVISIONS the medical-legal investigation of death. It is the further intent of the general assembly that those 1990 Main Volume individuals holding the office of county coroner participate in programs designed to develop and Article 14, § 8,provides in part: enhance their qualifications in fulfilling the duties and responsibilities associated with such office. "There shall be elected in each county,at the same time at which members of the general assembly are elected•••one coroner**•and such officers shall be paid such salary or (b)A coroner shall be elected in each county for compensation,either from the fees,perquisites and the term of four years,who, before he enters upon emoluments of their respective offices,or from the general the duties of his office,shall give bond to the county fund,as maybe provided by law. The term of office people of the state of Colorado of not less than of all such officials shall be four years,and they shall take office on the second Tuesday in January next following their twenty-five thousand dollars,with sufficient election,or at such other time as may be provided by law." sureties,to be approved by the board of county commissioners or, if such board is not in session, *48834 CROSS REFERENCES by the county clerk and recorder, subject to the approval of such board,the condition of which Death penalty,coroner to be in attendance,pronouncement bond shall be in substance the same as that given of death,see§ 16-11-402. by the sheriff. Such bond shall be filed with the LIBRARY REFERENCES county clerk and recorder of the proper county. 1990 Main Volume (2)The coroner may declare an individual dead if he fords the individual has sustained irreversible Coroners C .3. cessation of circulatory and respiratory function. WESTLAW Topic No. 100. C.J.S. Coroners§4 et seq. Copyright(c)West Group 2000 No claim to original U.S.Govt.works CRSA § 12-61-706, Qualifications for registration, licensing, and certification of appraisers--continuing Page 1 education *19450 C.R.S.A. § 12-61-706 (II) "Certified residential appraiser" means an appraiser meeting the requirements set by the WEST'S COLORADO REVISED board for residential certification; STATUTES ANNOTATED TITLE 12. PROFESSIONS AND (III) "Licensed appraiser" means an appraiser OCCUPATIONS meeting the requirements set by the board for a GENERAL--(CONTINUED) license; ARTICLE 61. REAL ESTATE (IV) "Registered appraiser" means an PART 7. REAL ESTATE appraiser meeting the requirements set by the APPRAISERS board for registration. Current through End of 2000 2nd Reg. Sess. (2) The board shall, by rule, prescribe continuing education requirements for persons § 12-61-706. Qualifications for registration, registered, licensed, or certified under this part 7 licensing, and certification of appraisers-- as needed to meet the requirements of the continuing education federal "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement (1)(a) The board shall, by rule, prescribe Act of 1989". The board shall not establish any requirements for the initial registration, licensing, or certification of persons under this continuing education requirements that are more stringent than the requirements of any part 7 to meet the requirements of the federal applicable law; except that all persons "Real Estate Appraisal Reform Amendments", registered, licensed, or certified under this part 7 Title XI of the federal "Financial Institutions shall be subject to continuing education Reform, Recovery, and Enforcement Act of requirements. If there is no applicable federal 1989" [FNl] and shall develop or purchase law, the board shall consider and may use as examinations to be passed by applicants. The guidelines the most recent available criteria board shall not establish any requirements for published by the appraiser qualifications board initial registration, licensing, or certification that of the appraisal foundation or its successor are more stringent than the requirements of any organization. applicable federal law; except that all applicants shall pass an examination developed *19451 (3) My provision of this section to the or purchased by the board. If there is no contrary notwithstanding, the criteria applicable federal law, the board shall consider established by the board for the registration, and may use as guidelines the most recent licensing, or certification of appraisers pursuant available criteria published by the appraiser to this part 7 shall not include membership or qualifications board of the appraisal foundation lack of membership in any appraisal or its successor organization. organization. (b) The four levels of appraiser licensure, (4) Deleted by Laws 1996, H.B.96-1080, § 5, pursuant to paragraph (a) of this subsection (1), eff. July 1, 1996. shall be defined as follows: (5)(a) Subject to section 12-61-714(2), all (I) "Certified general appraiser" means an appraiser employees of county assessors shall appraiser meeting the requirements set by the be registered, licensed, or certified as provided board for general certification; in subsections (1) and (2) of this section. Obtaining and maintaining a registration, Copyright(c)West Group 2001 No claim to original U.S. Govt. works CRSA § 12-61-706, Qualifications for registration, licensing, and certification of appraisers--continuing Page 2 education license, or certificate under any one of said license as referenced in subparagraph (III) of subsections (1) and (2) shall entitle an appraiser paragraph (b) of subsection (1) of this section employee of a county assessor to perform all unless the applicant has at least twelve months real estate appraisals required to fulfill such appraisal experience. person's official duties. CREDIT(S) (b) Appraiser employees of county assessors who are employed to appraise real property 1996 Main Volume shall be subject to all provisions of this part 7; except that appraiser employees of county Added by Laws 1990, S.B.90-34, § 1, effJuly 1, 1990. assessors who are employed to appraise real Amended by Laws 1992, HB.92-1.177, § 3, eff. April 10, 1992. property shall not be subject to disciplinary actions by the board on the ground that they 2000 Electronic Update have performed appraisals beyond their level of competency when appraising real estate in Amended by Laws 1996, H.B.96-1080, § 5, of. July 1, fulfillment of their official duties. County 1996; Laws 1997, S.B.97-90,§1, eff Aug. 6, 1997; Laws assessors, if registered, licensed, or certified as 2000, Ch. 57,§2, eff Aug.2,2000. provided in subsections (1) and (2) of this [FNl] 12 U.S.C.A. §3331 et seq. section, shall not be subject to disciplinary actions by the board on the ground that they <General Materials (GM) - References, have performed appraisals beyond their level of Annotations, or Tables> competency when appraising real estate in fulfillment of their official duties. TEXT (c) All reasonable costs incurred by an REPEAL appraiser employee of a county assessor to obtain and maintain a registration, license, or < This section is repealed effective certificate pursuant to this section shall be paid July 1, 2002,by § 12-61-703. > by the county. REFERENCES (6)to(8)Deleted by Laws 1996, H.B.96-1080, § 5, eff. July 1, 1996. CODE OF REGULATIONS REFERENCES (9) The board shall not issue an appraiser's Rules for real estate appraisers,see 4 CCR 725-2. Copyright(c) West Group 2001 No claim to original U.S. Govt. works /v CRSA § 12-61-714, Special provision for appraiser employees of county assessors Page 1 *19465 C.R.S.A. § 12-61-714 license, or certificate or hold himself or herself out to the public as a registered, licensed, or WEST'S COLORADO REVISED certified real estate appraiser unless registered, STATUTES ANNOTATED licensed, or certified pursuant to this part 7. TITLE 12. PROFESSIONS AND OCCUPATIONS (2) Any appraiser employee of any county GENERAL--(CONTINUED) assessor who is employed to appraise real property shall be registered, licensed, or ARTICLE 61. REAL ESTATE certified as provided in this part 7 and shall have PART 7. REAL ESTATE two years from the date of taking office or the APPRAISERS beginning of employment to comply with the provisions of this part 7. Current through End of 2000 2nd Reg. Sess. CREDIT(S) § 12-61-714. Special provision for appraiser 1996 Main Volume employees of county assessors Added by Laws 1990,S.B.90-34,§1,eff July 1, 1990. (1)Except as provided in subsection(2) of this section, unless a federal waiver is applied for 2000 Electronic Update and granted pursuant to section 12-61-704(1)0), Amended by Laws 1996, H.B.96-1080, § 10, eff July 1, on and after July 1, 1997, any person acting as a 1996; Laws 1997,S.B.97-90,§4,eff Aug. 6, 1997. real estate appraiser in this state in conjunction with a debt instrument that is federally <General Materials (GM) - References, guaranteed or in the federal secondary market or Annotations, or Tables> regulated pursuant to title 12, U.S.C., shall be registered, licensed, or certified as provided in TEXT this part 7, and, on and after said date,no person shall practice in conjunction' with a debt REPEAL instrument that is federally guaranteed or in the federal secondary market or regulated pursuant < This section is repealed effective to title 12, U.S.C., without such a registration, July 1,2002,by § 12-61-703.> Copyright(c)West Group 2001 No claim to original U.S. Govt. works LEAVE WITHOUT PAY FOR EMPLOYEES RUNNING FOR PARTISAN OFFICE CURRENT CHARTER LANGUAGE Section 4-2. Department of Finance, Central Purchasing, and Personnel. (B) The Division of Personnel shall: (2) Such system shall include at least the following: (f) 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. MnWMJJIMMO. ld INITIATIVE/REFERENDUM Section 15-4. Initiative and Referendum. The people of Weld County reserve to themselves the powers of initiative and referendum, by petition,to have a law,proposed law,or amendment of a law,submitted for the registered voters of the County to approve or reject at the polls. An ordinance or resolution may be initiated by petition, or a referendum on an enacted ordinance or resolution may be had by petition, or the Board on its own motion in enacting an ordinance or resolution may provide for a referendum thereon. The referendum shall apply to all ordinances and resolutions, passed by the Board, except ordinances making the tax levy, making the annual appropriation, calling a special election or ordering improvements initiated by petition and to be paid for by special assessments. Measures passed as emergency measures shall be subject to referendum like other measures, except that they shall not be suspended from going into effect while referendum proceedings are pending. If,when submitted to a vote of the electors, an emergency measure be not approved by a majority of those voting thereon,it shall be considered repealed,as regards any further action thereunder and all rights and privileges conferred by it shall be null and void; provided, however, that such measure so repealed shall be deemed sufficient authority for any payment made or expense incurred in accordance with the measure previous to the referendum vote thereon. (1) Procedure. (a) An initiative or referendum petition shall be signed by qualified electors numbering at least five percent(5%) of the total vote at the last general election, and all signatures on said petition shall be obtained within 45 days prior to the date of filing of the petition with the Clerk. Any such petition shall be addressed to the Board and may be an aggregate of two or more petition papers identical as to content and simultaneously filed by one person. (b) An initiative petition shall set forth, in full, the ordinance or resolution it proposes to initiate and no petition shall propose to initiate more than one ordinance or resolution. A referendum petition shall identify the ordinance or resolution, or part thereof, it proposes to be submitted to the voters for approval. (c) Each signer of a petition shall sign his name,and after his name,the date and his place of residence by street and number, rural route and box number, or by other customary designation, except that a post office box number shall be insufficient. (d) To each petition paper shall be attached an affidavit by the circulator thereof, stating the number of signers and affirming that each signature is the genuine signature of the person whose name it purports to be,and that it was made in the presence of the affiant. Such petition shall be filed with the Clerk who shall,within fifteen(15)days,canvass the signatures thereon. If the petition does not contain a sufficient number of signatures of qualified electors, the Clerk shall notify forthwith by certified mail the person filing such petition and fifteen (15) days from such notification shall be allowed for the filing of supplemental petition papers. (e) A referendum petition shall be void unless filed in the first instance with the Clerk within thirty (30) days after the effective date of the ordinance or resolution to which such petition refers. The time for review of the petition papers, if necessary, shall not render the petition void because of the aforesaid time limit. When a petition with sufficient signatures is filed within the time allowed, the Clerk shall present the petition to the Board at its next regular meeting. (2) Board Action. Upon presentation to the Board of an initiative or referendum petition, the Board shall, within thirty (30) days, either: (a) Adopt the ordinance or resolution as submitted by an initiative petition; (b) Repeal the ordinance or resolution,or part thereof,referred to by a referendum petition; (c) Submit the proposal provided for in the petition to the electors. (3) Submission to Electors. Should the Board decide to submit the proposal to the electors, it shall be submitted at the next general election held in the County or,at the discretion of the Board,at a special election; provided,however,that if no general or special election is to be held in the County within 120 days after presentation thereof, the Board shall call a special election to be held within sixty (60) days. (a) The presentation to the Board of a valid and sufficient referendum petition shall automatically suspend the operation of the ordinance or resolution in question pending repeal by the Board or final determination by the electors,except as heretofore provided with regard to emergency measures. (b) The result of all elections held under the provisions of this Section shall be determined by a majority vote of the electors voting thereon. (c) An ordinance or resolution adopted by the electorate through initiatory proceedings may not be amended or repealed by the Board for a period of two years and a resolution or ordinance repealed by the electorate may not be re-enacted by the Board for a period of two years. (d) If two or more ordinances or resolutions adopted at the same election shall have conflicting provisions, the provisions in the ordinance or resolution receiving the highest number of affirmative votes shall prevail as to such conflict and the adopted ordinance or resolution receiving the lesser number of votes,to the extent it is severable,shall nevertheless be effective except as to the matters of conflict or inconsistency. (e) The Board shall not refer more than five measures to the people at any general election. The number of measures to be submitted at a special election shall not be limited. Section 15-5. Election Required Regarding Siting of Correctional or Detention Facilities. Effective as of the date of adoption by the electors of Weld County of this Article XV, Section 15-5,no Certificate of Occupancy shall be issued by Weld County,or any department,employee or agent thereof, for the occupancy or operation of any building or other structure which will be occupied,used or operated as, and no person,corporation or entity shall occupy,use or operate any building or structure as a correctional facility, pre-parole facility, jail, prison or other place of incarceration, whether or not said building or structure is privately owned and/or operated, or is owned and/or operated by Weld County or, to the extent permitted by law, the State of Colorado, unless and until the location and siting thereof has been approved by a majority of the registered electors of Weld County voting at a regular or special election held on the question of said location and siting. This Section 15-5 is adopted in order to implement the provision of CRS Section 17-2- 401(d) relating to the authority of Weld County to maintain zoning and siting control over correctional facilities within the County, and this Section 15-5 shall survive any amendment or repeal of said Section 17-2-401(d), CRS. The provisions of this Section 15-5 shall be self-executing, shall take effect immediately upon adoption by the electors of Weld County,Colorado,and shall be applicable to any structure,building or facility which is not on the date of such adoption by the electors, occupied and in use as a detention facility, correctional facility, pre-parole facility, jail, prison or place of incarceration pursuant to a certificate of occupancy lawfully issued by Weld County, Colorado. Section 17-1. Procedure to Amend or Repeal Charter. (1) Action to amend this Charter shall be initiated by: (a) A petition or petitions signed by at least five percent of the total number of votes cast at the last general election; or (b) A resolution adopted by the Board submitting the proposed amendment or amendments to the qualified electors. (2) Action to repeal this Charter or to form a new charter commission may be initiated by a petition signed by at least fifteen percent of the qualified electors of the County. (3) Within thirty days of initiation of a proposed amendment, repeal, or charter convention measure, the Board shall publish notice of and call an election to be held not less than thirty nor more than one hundred twenty days after said publication. The text of any proposed amendment shall be published with said notice. (4) If the proposal is for a charter commission,the election shall be scheduled at least sixty days after publication of the notice. The procedure for the forming and functioning of a new charter commission shall comply as nearly as practicable with provisions relating to formation and functioning of an initial charter commission. (5) If a majority of the electors voting thereon vote for a proposed amendment,the amendment shall be deemed approved. If a majority of the electors voting thereon vote for repeal of the charter, the charter shall be deemed repealed and the County shall proceed to organize and operate pursuant to the statutes applicable to statutory counties. (6) A proposed amendment to the Charter shall be confined to a single subject which shall be clearly expressed in its title. (7) No proposal for a charter commission, charter amendment, or repeal of a charter shall be initiated within twelve months after rejection of a substantially similar proposal. No proceeding contesting the adoption of a Charter amendment shall be brought unless commenced within one hundred eighty days after the election adopting the measure. FBF7trCE Barker- rtE: 07-23 and 07-25 charter meetings Page 1 From: Jackie Johnson <jjohnson@wobb-Ilp.com> To: 'BRUCE Barker' <BBARKER@co.weld.co.us> Date: 7/13/01 1:56PM Subject: RE: 07-23 and 07-25 charter meetings The press release looks fine. Concerning your list of issues, I believe it is complete. I suggest we look at your numbers 7 and 9 on July 18, as well as confirm whether the full committee agrees with subcommittee recommendations concerning numbers 6, 8, 10 and 11. I believe we should also discuss#5 at that meeting. If time, we can also begin discussion on number 3 and/or the Folsom issue. I'd prefer to leave discussion on the remaining issues (numbers 1, 2, and 4) until after the public hearings. I am faxing you a copy of Art Willis's remarks to be distributed with the minutes. We should also provide all committee members with copies of the press release. I don't see a need to mail these things -we can distribute them at the beginning of the 7/18/01 meeting. Thank you for all your help. Original Message From: BRUCE Barker[mailto:BBARKER@co.weld.co.us] Sent: Friday, July 13, 2001 11:33 AM To: Jackie Johnson Cc: CYNDY GIAUGQUE; DON Warden; LEE Morrison Subject: Fwd: 07-23 and 07-25 charter meetings See the attached. Looking at the 11 issues you identified in your June 12, 2001, letter, here is where I think we are: 1. Term limits: need to discuss, either on the 18th or at a meeting after the 25th. 2. Elected/appointed for the 5 positions: need to discuss, along with Bill Garcia's issue of election/appointment of other positions (county attorney, county manager, etc.). 3. Setting of salaries by County Council: need to discuss. May want to or discuss the filling of vacancies in elected positions (Rill Garria's issue) at the same time. (Seems like those two issues deal with the duties of the County Council and would go together well.) 4. Qualifications and standards of performance for elected officials: need to discuss. Cyndy has information on the qualifications from C.R.S. The Committee wilt need to come up with standards, because there are none in C.R. . Employment status of employees running for partisan office: need to 7 iscuss further. My notes show the following ideas that were discussed on June 20th: a) limiting the leave requirement to employees running for partisan offices in Weld County, b) limit it to where the employee is working in the same office, c) change the requirement to leave after the �7 ,primary, d) change the leave requirement to exempt offices where the employee is not running against the incumbent. • � -�rte— BRUCE Barker- RE: 07-23 and 07-25 charter meetings Page 2 P �- s"1. 3 reading requirment: decided at the June 20th meeting not to pursue. r- �l. Change re: Election Code requirments: need to discuss Lee's findings 1/and recommendations. He has information on the 5% rule. Availability of initiated amendments to Charter to restrict and/or ,n,, ,,, /e,--1 preempt certain types of land uses in the County: decided at the June 20th meeting not to pursue.ue process procedures for suspending elected`.- �r V discDuss my findings regarding questions raised officials: at the June 20th meeting. Specifically, I will report on the process for removal for statutory counties in C.R.S., including whether there is automatic removal for#1 or #2 misdemeanors. Decided at June 20th meeting to recommend inclusion of Cyndy's suggested language on hearing and Kurtz's language on reinstatement if/officer not guilty. y�ic� FT ti4. Mandatory redistricting: decided at June 20th meeting to recommend the inclusion of census requirement like the C.R.S. . : a.----11,1/. Service districts: decided at the June 20th meeting to recommend del ing reference to service districts. c _9,i eed to discuss the Folsom e-mail issues: a) conflict of interest, b) ampaign restrictions for County offcers. I could not find any response I may have done to this when I first received his a-mail in 1999. I don't have any other issues in my notes. How does the attached press release look? Bruce. FILLING OF VACANCIES AND SETTING SALARIES OF ELECTED OFFICES 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 until the next general election, at which time a person shall be elected for the remainder of the term, if any. Section 6-3. Vacancy. Vacancies in elective offices, except County Commissioners and County Councilmen, shall be filled by the Board as provided by this Charter. Section 6-6. Compensation. (1) Compensation of all elected officers, except County Councilmen, shall be fixed by the County Council. (2) No elective officer's compensation shall be increased or decreased during his term of office, except as permitted by law. Section 13-7. Vacancies. (1) A vacancy shall be filled by appointment by the remaining members of the Council. (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. Section 13-8. Powers and Duties. (1) The Council shall set the salaries of all elected officials. In the case of the Board of County Commissioners, the effective date of any change in salary may be delayed so as to provide for equal compensation for all Commissioners at all times. (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 until the next general election, at which time a person shall be elected for the remainder of the term, if any. ,,,„.,LE„.,a.,,„..-,d., CRSA § 30-10-306, Commissioners' districts--vacancies Page 1 *48972 C.R.S.A. §30-10-306 required to be resident in a district moves during his term of office from the district in which he WEST'S COLORADO REVISED resided when elected, his office shall thereupon STATUTES ANNOTATED become vacant. All proceedings by the board of TITLE 30. GOVERNMENT-- county commissioners in formation of such COUNTY districts not inconsistent with this section are COUNTY OFFICERS confirmed and validated. ARTICLE 10. COUNTY OFFICERS (3) When a board of county commissioners PART 3. COUNTY determines to change the boundaries of COMMISSIONERS commissioner districts or when new districts are created, such changes or additions shall be made Current through End of 2000 2nd Reg. Sess. only in odd-numbered years and, if made, shall be completed by July 1 of such year, except in § 30-10-306. Commissioners' districts— cases of changes resulting from changes in vacancies county boundaries. (1) Each county shall be divided into three (4) Notwithstanding subsections (1) to (3) of compact districts by the board of county this section, after each federal census of the commissioners. Each district shall be as nearly United States, each district shall be established, equal in population as possible, shall be revised, or altered to assure that such districts numbered consecutively, and shall not be shall be as nearly equal in population as subject to alteration more often than once every possible based on such census in the following two years. One commissioner shall be elected odd-numbered year and shall be completed by from each of such districts by the voters of the September 30 of such year. whole county. If any commissioner, during his *48973 term of office, moves from the district in which he resided when elected, his office shall CREDIT(S) thereupon become vacant. All proceedings by 1990 Main Volume the board of county commissioners in formation of such districts not inconsistent with this Laws 1881,p. 100, § 1; Laws 1901, SB.166, § 1; Laws section are confirmed and validated. 1963, 1LB.90,§1. Repealed and reenacted by Laws 1975, H.B.1136, § 2. Laws 1980, S.B.12, § 18; Laws 1980, (2) Each county having a population of H.B.1024, § 2; Laws 1984, S.B.135, § 1; Laws 1988, seventy thousand or more which has chosen to HB.1273,§2; Laws 1988,H.B./174,§4. increase the members of the board of county PRIOR COMPILATIONS commissioners from three to five shall be divided into three or five districts by the board 1990 Main Volume of county commissioners according to the method of election described in section Prior Compilations: Gen.Laws 1877,§438; Gen.St.1883, 30-10-306.5(5) or (6) or section 30-10-306.7. § 530; Rev.St.1908, § 1196; Comp.Laws 1921, §8672; The districts shall be as nearly equal in C.S.A.1935, c. 45, § 15; C.R.S.1953, § 35-3-6; population as possible, shall be numbered CR.S1963,§35-3-6. consecutively, and shall not be subject to <General Materials (GM) - References, alteration more often than once every two years. Annotations, or Tables> Commissioners shall be elected at large or from districts according to the method of election REFERENCES described in section 30-10-306.5(5) or (6) or section 30-10-306.7. If any commissioner CONSTITUTIONAL PROVISIONS Copyright(c) West Group 2001 No claim to original U.S. Govt. works CRSA § 30-2-102, Categorization of counties for fixing salaries of county officers Page 1 *48776 C.R.S.A. § 30-2-102 January 1, 1999, but prior to January 1, 2001, shall be as follows: WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 30. GOVERNMENT- COUNTY County COMPENSATION--FEES Commissioners ARTICLE 2. COMPENSATION OF COUNTY AND OTHER OFFICERS (a) Category I $56, 601 Current through End of 2000 2nd Reg. Sess. (b) Category II 46,413 (c) Category III 37,357 § 30-2-102. Categorization of counties for fixing salaries of county officers (d) Category IV 26,942 (1) For the purpose of establishing the salaries (e) Category V 20,376 of county officers: (2.1) On and after January 1, 2001, the annual (a) Category I counties shall consist of the salaries of county officers whose term of office counties of Adams, Arapahoe, Boulder, begins on or after such date shall be as follows: Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld; (b) Category II counties shall consist of the County counties of Eagle, Fremont, Garfield, La Plata, *48777 Mesa, Pitkin, and Summit; (a) Category I 63,203 (c) Category III counties shall consist of the counties of Archuleta, Chaffee, Clear Creek, (b) Category II 51, 827 Delta, Grand, Gunnison, Las Animas, Moffat, Montrose, Morgan, Otero, Park, Rio Blanco, (c) Category III 41,714 San Miguel,Routt,Logan, and Teller; (d) Category IV 35,394 (d) Category IV counties shall consist of the counties of Alamosa, Elbert, Gilpin, Huerfano, (e) Category V 32,613 Kit Carson, Lake, Montezuma, Ouray, Prowers, Rio Grande, and Yuma; (2.3) Repealed by Laws 1990, H.B.90-1139, § 2. (e) Category V counties shall consist of the counties of Baca, Bent, Cheyenne, Conejos, (2.5)(a)Repealed by Laws 1990, H.B.90-1139, Costilla, Crowley, Custer, Dolores, Hinsdale, § 2. Jackson, Kiowa, Lincoln, Mineral, Phillips, Saguache, San Juan, Sedgwick, and (b)Repealed by Laws 1987, H.B.1355, § 40. Washington. (2.7)Deleted by Laws 1997, S.B.97-10, § 1. (2) On and after January 1, 1999, but prior to January 1, 2001, the annual salaries of county (2.8) The general assembly hereby finds and officers whose term of office begins on or after declares that: Copyright(c) West Group 2001 No claim to original U.S. Govt. works CRSA § 30-2-102, Categorization of counties for fixing salaries of county officers Page 2 (a)The rate of compensation of elected county Repealed and reenacted by Laws 1970, H.B.1108, § I. officers shall be provided in accordance with the Laws 1973, H.B.1534, § I; Laws 1977, H.B.1721, § I. provisions set forth in section 15 of article XIV Repealed and reenacted by Laws 1981, H.B.1232, § 1. Laws 1986, H.B.1075, §§ 1, 2; Laws 1987, HB.l355, § of the state constitution; 40; Laws 1988, S.B.l13,§3; Laws 1989,H.B.1021, §§1, 2. (b) The salaries of county commissioners, county sheriffs, and county treasurers, 2000 Electronic Update assessors, and clerk and recorders have been fixed by law through the enactment of this *48778 Amended by Laws 1990,fLB.90-1139, $§ 1, 2, eff April 17, 1990; Laws /991, HB.91-1050, § 1, eff. March section. 18, 1991; Laws 1992,HB.92-1156,§3, eff June 1, 1992; Laws 1997, S.B.97-10, § 1, eff. Aug. 6, 1997; Laws 1998, (c) Deleted by Laws 1998, Ch. 142, § 1, eff. Ch. 142, § 1, eff April 21, 1998; Laws 2000, Ch. 96, § 1, April 21, 1998. eff July I,2000. (3)(a) to (d) Repealed by Laws 1986, PRIOR COMPILATIONS H.B.1075, § 2. 1990 Main Volume (e) No elected officer shall have his Prior Compilations: C.R.S.1963,§56-2-4. compensation increased or decreased during the term of office to which he has been elected or HISTORICAL NOTES appointed. All actual and necessary expenses of an elected officer incurred while engaged in HISTORICAL AND STATUTORY NOTES business on behalf of the county may be allowed by the board of county commissioners 2001 Electronic Update and paid out of the county treasury. Laws 1998,Ch. 142, §2,provides: (4) The board of county commissioners may "Effective date--applicability. This act shall take effect adjust the salaries established in this section pro upon passage and shall apply to terms of office rata for county officers working part-time. commencing on or after the effective date of this act." (5) The salaries established pursuant to this REFERENCES section shall remain in effect until such time CROSS REFERENCES that section 15 of article XIV of the constitution of the state of Colorado is amended to authorize Local government, sales or use tax increments for funding or direct the board of county commissioners in of health service district operations, exemption from each county to fix the compensation of county limitation,see§29-2-108. officers. ANNOTATIONS (6) If any provision of this section is found to be unconstitutional by a court of competent NOTES OF DECISIONS jurisdiction, the remaining provisions of this Cost of living adjustments 2 section are valid, unless the court determines Salary reduction 1 that the valid provisions, standing alone, are incomplete and are incapable of being executed. 1. Salary reduction CREDIT(S) Housing allowance paid to sheriff by county was unauthorized and its elimination did not violate prohibition against reduction of salary or compensation during the term 1990 Main Volume of office of a public official. Van Cleave v. Board of County Com'rs of Adams County, App.1973, 518 P.2d Copyright(c) West Group 2001 No claim to original U.S. Govt. works LEAVE WITHOUT PAY FOR EMPLOYEES RUNNING FOR PARTISAN OFFICE CURRENT LANGUAGE Section 4-2. Department of Finance, Central Purchasing, and Personnel. (B) The Division of Personnel shall: (2) Such system shall include at least the following: (0 No employee shall, during working hours, engage in any political activity. erson ployed with e County, exce an elected a coal, who seeks a tion to artisan pub ffice, shall t re a leave o ence, without pa 'mmediate fter anno ment of his c didacy. THREE READINGS CURRENT LANGUAGE Section 3-14. Ordinances. (1) An ordinance may be introduced at any regular meeting by any member of the Board. Upon introduction it shall be presented and read a first time, and public notice of the proposed ordinance given at least ten (10) days before its second reading. If, upon second reading, a majority of the Board approves the ordinance,public notice shall be given a second time as a proposed ordinance, at least ten (10) days before its final passage. Upon fmal adoption, public notice shall again be given. WWPFILrwuwmnrmw.p AMENDMENT TO CHARTER BY PETITION AND DEFINITION OF ELECTORS RECOMMENDED AMENDMENTS Section 17-1. Procedure to Amend or Repeal Charter (1) Action to amend this Charter shall be initiated by: (a) A petition or petitions signed by at least five percent of the total number of rrr� „r �votcs cast at the last gcncral cicction; Amend all referrals to "electors" to be consistent with the definitions in the Colorado Election Code. INITIATIVE/REFERENDUM CURRENT LANGUAGE Section 15-4. Initiative and Referendum. The people of Weld County reserve to themselves the powers of initiative and referendum, by petition,to have a law,proposed law,or amendment of a law, submitted for the registered voters of the County to approve or reject at the polls. An ordinance or resolution may be initiated by petition, or a referendum on an enacted ordinance or resolution may be had by petition, or the Board on its own motion in enacting an ordinance or resolution may provide for a referendum thereon. The referendum shall apply to all ordinances and resolutions, passed by the Board, except ordinances making the tax levy, making the annual appropriation, calling a special election or ordering improvements initiated by petition and to be paid for by special assessments. Measures passed as emergency measures shall be subject to referendum like other measures, except that they shall not be suspended from going into effect while referendum proceedings are pending. lf,when submitted to a vote of the electors, an emergency measure be not approved by a majority of those voting thereon,it shall be considered repealed,as regards any further action thereunder and all rights and privileges conferred by it shall be null and void; provided, however, that such measure so repealed shall be deemed sufficient authority for any payment made or expense incurred in accordance with the measure previous to the referendum vote thereon. (1) Procedure. (a) An initiative or referendum petition shall be signed by qualified electors numbering at least five percent (5%) of the total vote at the last general election, and all signatures on said petition shall be obtained within 45 days prior to the date of filing of the petition with the Clerk. Any such petition shall be addressed to the Board and may be an aggregate of two or more petition papers identical as to content and simultaneously filed by one person. (b) An initiative petition shall set forth, in full, the ordinance or resolution it proposes to initiate and no petition shall propose to initiate more than one ordinance or resolution. A referendum petition shall identify the ordinance or resolution, or part thereof, it proposes to be submitted to the voters for approval. (c) Each signer of a petition shall sign his name, and after his name, the date and his place of residence by street and number, rural route and box number, or by other customary designation, except that a post office box number shall be insufficient. (d) To each petition paper shall be attached an affidavit by the circulator thereof, stating the number of signers and affirming that each signature is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. Such petition shall be filed with the Clerk who shall, within fifteen (15) days, canvass the signatures thereon. If the petition does not contain a sufficient number of signatures of qualified electors, the Clerk shall notify forthwith by certified mail the person filing such petition and fifteen(15) days from such notification shall be allowed for the filing of supplemental petition papers. (e) A referendum petition shall be void unless filed in the first instance with the Clerk within thirty (30) days after the effective date of the ordinance or resolution to which such petition refers. The time for review of the petition papers, if necessary, shall not render the petition void because of the aforesaid time limit. When a petition with sufficient signatures is filed within the time allowed, the Clerk shall present the petition to the Board at its next regular meeting. (2) Board Action. Upon presentation to the Board of an initiative or referendum petition, the Board shall, within thirty(30) days, either: (a) Adopt the ordinance or resolution as submitted by an initiative petition; (b) Repeal the ordinance or resolution, or part thereof, referred to by a referendum petition; (c) Submit the proposal provided for in the petition to the electors. (3) Submission to Electors. Should the Board decide to submit the proposal to the electors, it shall be submitted at the next general election held in the County or, at the discretion of the Board, at a special election; provided, however, that if no general or special election is to be held in the County within 120 days after presentation thereof, the Board shall call a special election to be held within sixty(60) days. (a) The presentation to the Board of a valid and sufficient referendum petition shall automatically suspend the operation of the ordinance or resolution in question pending repeal by the Board or final determination by the electors, except as heretofore provided with regard to emergency measures. (b) The result of all elections held under the provisions of this Section shall be determined by a majority vote of the electors voting thereon. (c) An ordinance or resolution adopted by the electorate through initiatory proceedings may not be amended or repealed by the Board for a period of two years and a resolution or ordinance repealed by the electorate may not be re-enacted by the Board for a period of two years. ( l (d) If two or more ordinances or resolutions adopted at the same election shall have conflicting provisions, the provisions in the ordinance or resolution receiving the highest number of affirmative votes shall prevail as to such conflict and the adopted ordinance or resolution receiving the lesser number of votes, to the extent it is severable, shall nevertheless be effective except as to the matters of conflict or inconsistency. (e) The Board shall not refer more than five measures to the people at any general election. The number of measures to be submitted at a special election shall not be limited. Section 15-5. Election Required Regarding Siting of Correctional or Detention Facilities. Effective as of the date of adoption by the electors of Weld County of this Article XV, Section 15-5,no Certificate of Occupancy shall be issued by Weld County, or any department, employee or agent thereof, for the occupancy or operation of any building or other structure which will be occupied, used or operated as, and no person, corporation or entity shall occupy, use or operate any building or structure as a correctional facility,pre-parole facility,jail,prison or other place of incarceration,whether or not said building or structure is privately owned and/or operated, or is owned and/or operated by Weld County or, to the extent permitted by law, the State of Colorado, unless and until the location and siting thereof has been approved by a majority of the registered electors of Weld County voting at a regular or special election held on the question of said location and siting. This Section 15-5 is adopted in order to implement the provision of CRS Section 17-2-401(d)relating to the authority of Weld County to maintain zoning and siting control over correctional facilities within the County, and this Section 15-5 shall survive any amendment or repeal of said Section 17-2-401(d), CRS. The provisions of this Section 15-5 shall be self-executing, shall take effect immediately upon adoption by the electors of Weld County, Colorado, and shall be applicable to any structure, building or facility which is not on the date of such adoption by the electors, occupied and in use as a detention facility, correctional facility, pre-parole facility,jail, prison or place of incarceration pursuant to a certificate of occupancy lawfully issued by Weld County, Colorado. Section 17-1. Procedure to Amend or Repeal Charter. (1) Action to amend this Charter shall be initiated by: (a) A petition or petitions signed by at least five percent of the total number of votes cast at the last general election; or (b) A resolution adopted by the Board submitting the proposed amendment or amendments to the qualified electors. (2) Action to repeal this Charter or to form a new charter commission may be initiated by a petition signed by at least fifteen percent of the qualified electors of the County. (3) Within thirty days of initiation of a proposed amendment, repeal, or charter convention /I measure, the Board shall publish notice of and call an election to be held not less than thirty nor more than one hundred twenty days after said publication. The text of any proposed amendment shall be published with said notice. (4) If the proposal is for a charter commission, the election shall be scheduled at least sixty days after publication of the notice. The procedure for the forming and functioning of a new charter commission shall comply as nearly as practicable with provisions relating to formation and functioning of an initial charter commission. (5) If a majority of the electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved. If a majority of the electors voting thereon vote for repeal of the charter, the charter shall be deemed repealed and the County shall proceed to organize and operate pursuant to the statutes applicable to statutory counties. (6) A proposed amendment to the Charter shall be confined to a single subject which shall be clearly expressed in its title. (7) No proposal for a charter commission, charter amendment, or repeal of a charter shall be initiated within twelve months after rejection of a substantially similar proposal. No proceeding contesting the adoption of a Charter amendment shall be brought unless commenced within one hundred eighty days after the election adopting the measure. SUSPENSION WITHOUT PAY OF ELECTED OFFICIALS BY COUNTY COUNCIL CURRENT LANGUAGE Section 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 pay,pending prosecution of the offense. 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 reinstate 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. COMMENTS BY CYNDY GIAUQUE If the County Council is contemplating suspension without pay of an elected official who has been charged with a crime as that term is defined in the Charter, the elected official should be entitled to due process. If the suspension is with pay, then there is probably no need for a hearing. But if the contemplated suspension is going to be without pay,then the County Council should hold a short hearing to determine if the proposed action is appropriate. It could be argued that the elected official holds a property interest in their office during their elected term. A suspension without pay is a change in that property interest. There is no requirement in the law that there be any specific length of time between the charge and the hearing, but the elected official should be given an opportunity to "tell their story"concerning the charges. The provisions in the Charter are okay, but a provision should be added for a short hearing before the County Council, to take place before the Council takes action to suspend without pay. The hearing would consider the charges as they relate to the elected official's office, and whether, based upon the facts, it is more likely than not that the elected official actually committed the crime with which he or she is charged. A PERSONNEL SECTIONS OF WELD COUNTY CODE Sec. 3-3-90. Dismissal procedures. A. No dismissal shall be made unless the employee is given a pre-dismissal hearing. These procedures apply to regular employees only. The employee should receive written notification of the following: 1) the reason for the possible dismissal; and 2) the time, date and place of the scheduled pre-dismissal hearing. B. The pre-dismissal hearing shall be scheduled the next working day after the employee receives the notification. The employee will be placed on administrative leave with pay until a determination of dismissal or retention is made. C. Attendance at the pre-dismissal hearing is limited to the elected official/department head,the immediate supervisor, the employee being considered for dismissal, the employee's legal counsel if desired and a representative of the Department of Personnel. If the employee is represented by legal counsel, the elected official or department head may also have legal representation. D. The employee shall have the right to make statements to the elected official or department head which may rebut the reasons stated in the pre-dismissal notification. This rebuttal may be presented orally or in writing. The pre-dismissal hearing shall not be a full evidentiary hearing. E. After receiving said rebuttal and any other appropriate information, the elected official or department head shall, within one (1) working day, render a determination as to whether the employee shall or shall not be dismissed or whether to extend the period of paid administrative leave in order to provide enough time to investigate the incident so as to render an informed decision. If the elected official or department head decides to dismiss the employee, then notification will be provided to the employee under separate letter. The notification of dismissal shall include the reasons which the elected official or department head determines to justify dismissal. F. If the elected official or department head determines that the employee shall be retained,the elected official or department head may then elect to impose upon the employee any disciplinary measures short of dismissal. (Weld County Codification Ordinance 2000-1) RECOMMENDED AMENDMENT Section 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 pay,prosecution of the offense.ili'21"4Yaet.' a4 g......as., a bet tfit'itti e 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 j shall forthwith#1 reinstate'such officcr 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. CRSA § 30-10-105, When office becomes vacant Page 1 *48930 C.R.S.A. § 30-10-105 and he has exhausted, or by failure to assert them has waived, all rights to new trial and all WEST'S COLORADO REVISED rights of appeal. At the time such officer's STATUTES ANNOTATED conviction is final and he has exhausted, or by TITLE 30. GOVERNMENT--COUNTY failure to assert them has waived, all rights to COUNTY OFFICERS appeal and new trial, the said board shall ARTICLE 10. COUNTY OFFICERS remove such officer from office and his PART 1. GENERAL PROVISIONS successor shall be appointed as provided by statute, unless during such period of suspension a successor has been duly elected and qualified Current through End of2000 2nd Reg. Sess. and said successor, whether so appointed or elected, shall be the duly constituted officer. § 30-10-105. When office becomes vacant (3) Should the officer suspended from office (1) Every county office shall become vacant, by the board of county commissioners as on the happening of any one of the following provided in this section be found not guilty in a events, before the expiration of the term of state or federal court either on appeal, original office: trial, or new trial, the board shall forthwith reinstate such officer and give him his back pay, (a)The death of the incumbent; unless during such period of suspension a successor to such suspended officer has been (b)The resignation of the incumbent; duly elected and qualified. In the event a successor to such suspended officer has been so (c)The removal of the incumbent; elected and qualified, such suspended officer shall receive his back pay only up to the (d) The incumbent's ceasing to be an expiration date of his regular term of office and inhabitant of the county for which he was he shall not be reinstated or paid further unless elected or appointed; he is such person duly elected and qualified. (e) The incumbent's refusal or neglect to take *48931 (4)(a) Any county officer shall be his oath of office, to give or renew his official declared incapacitated when there is a judicial bond, or to deposit such oath and bond within determination that he is unable to routinely and the time prescribed by law; fully carry out the responsibilities of his office by virtue of mental or physical illness or (f) The decision of a competent tribunal disability and he has been so unable for a declaring void his election or appointment; continuous period of not less than six months immediately preceding the finding of (g) The incumbent is declared incapacitated in incapacity. The quantum of proof required, the the manner provided in subsection (4) of this procedures to be followed, and the rights section. reserved to the subject of any determination of incapacity under this subsection (4) shall be (h) Repealed by Laws 1990, H.B.90-1316, § those specified for the appointment of guardians 43. in part 3 of article 14 of title 15, C.R.S., to the extent applicable. (2)In the event a county officer is found guilty of any felony or infamous crime by a court or (b) A proceeding to determine incapacity jury, the board of county commissioners shall under this subsection (4) shall be commenced in immediately suspend such county officer from the district court by a majority of the board of office without pay until his conviction is final county commissioners. With respect to a Copyright(c)West Group 2001 No claim to original U.S. Govt. works CRSA § 30-10-105, When office becomes vacant Page 2 county commissioner, proceedings shall be Laws 1990, S.B.90-62 added par. (1)(h) providing for commenced when said commissioner fails to vacancy in office when the incumbent fails to meet attend any regular meeting of the board of requirements of § 30-10-501.5(2) and (3) which was repealed by Laws 1990,H.B.90-1316, §43. county commissioners for a period of six months. With respect to any county officer Laws 2000,Ch.368, § 15,eff.Jan. 1,2001,in par.(4)(a), other than a county commissioner, proceedings substituted "part 3 of article 14 of title 15" for "section shall be commenced when such officer fails to 15-14-303". report to his office or other regular place of Section 17 of Laws 2000,Ch.368 provides: business for a period of six months. "Effective date--applicability. This act shall take effect (c) In any county having a population of less January I, 2001, and shall apply to appointments of than one hundred thousand, the county shall be guardians or conservators made on or after said date." represented in the district court by the district 48932 attorney or by a qualified attorney acting for the REFERENCES district attorney who is appointed by the district court for that purpose. In any county having a CROSS REFERENCES population of one hundred thousand or more, the county shall be represented by the county Vacancies in county offices,see§ 1-12-205. attorney or a qualified attorney acting for the county attorney who is appointed by the district LIBRARY REFERENCES court for that purpose. 1990 Main Volume CREDIT(S) Counties P65. • 1990 Main Volume WESTLAW Topic No. 104. C.J.S.Counties§§ 106, 107. Laws 1957,SB.29,§1; Laws/989,H.B.1070,§,j 1,2. ANNOTATIONS 2000 Electronic Update NOTES OF DECISIONS Amended by Laws 1990, H.B.90-1316, § 43, eff May 31, 1990; Laws 1990, S.B.90-62,§1,eff April 5, 1990; Laws Criminal conviction 3 2000, Ch.368,§15,eff Jan. 1,2001. Death following election and prior to term of office 2 Due process 1 PRIOR COMPILATIONS Resignation to qualify for reelection 4 Term of officeholding upon filling vacancy 5 1990 Main Volume L Due process Prior Compilations: Gen.Laws 1877,§561; Gen.St.1883, Deputy sheriff was not a "county officer" entitled to due § 661; Rev.St.1908, § 1359; Comp.Laws 1921, §8836; process protections under.Colorado law; rather, deputy CSA.1935, c. 45, § 183; C.R.S1953, § 35-1-5; sheriff was more accurately a county employee, serving CR.S.1963,§35-1-5. under sheriff, who was a county officer. Seeley v. Board of County Com'rs for La Plata County, Colo., 1987, 654 <General Materials (GM) - References, F.Supp. 1309. Annotations, or Tables> 2.Death following election and prior to term of office HISTORICAL NOTES Where a county clerk dies after his election and before he HISTORICAL AND STATUTORY NOTES has taken office, the office is vacant on the expiration of the term of the old clerk, under section 1472 Mills'Ann.St. and section 10 of article 12 of the constitution, and the 2001 Electronic Update county commissioners may fill the vacancy until the next general election under section 2528 Mills' Ann.St. and Copyright(c) West Group 2001 No claim to original U.S. Govt. works REDISTRICTING CURRENT LANGUAGE Section 3-2. Districts. (1) There are hereby established three geographic commissioner districts numbered district 1, 2 and 3 which shall, initially, correspond to the three commissioner districts in existence on the effective date of this Charter. (2) The Board shall review the boundaries of the districts when necessary,but not more often than every two years, and then revise and alter the boundaries so that districts are as nearly equal in population as possible. (3) Any change in the boundaries of a County Commissioner's district which shall cause a duly elected or appointed Commissioner to be no longer a resident of the district which he represents shall not disqualify him from holding office during the remainder of the term for which he was elected or appointed. Section 3-3. Qualifications of Members. Commissioners from districts shall reside within their geographic districts when nominated, elected or appointed and during their terms of office. RECOMMENDED AMENDMENT Section 3-2. Districts. (1)to (3) remain the same. (4) Notwithstanding subsections (1)to (3) of this section, after each federal census of the United States,the boundaries of 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-numbered year and shall be completed by September30 of such year. SERVICE DISTRICTS RECOMMENDED AMENDMENTS 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. Ncw service d;Oh;its may be crcatcd u,rly-z&i the purpose a1A boundaries of such district have L.,,,11 submitted to and approved by a majority of those voting electors living in and owning property in the diatriet. 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 crcatcd under such laws as arc 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. Renumber Section 2.5 to 2.4. CONFLICT OF INTEREST Section 16-9. Conflict of Interest. (1) General: No county officer, member of an appointed board, or employee shall have any interest in any enterprise or organization doing business with Weld County which might interfere with the unbiased discharge of his duty to the public and the best interest of the County. This restriction shall not apply where the officer,member of an appointed board, or employee's department has no direct contact nor business transaction with any such enterprise or organization. (2) Specific: (a) No employee of the Central Purchasing Division shall have any interest in any enterprise or organization doing business with Weld County. (b) Neither the Treasurer nor employees of the Treasurer's Office shall have any proprietary interest in any financial institution in which the County maintains deposits. (3) Question referred to Council: In the event a question arises as to possible conflict of interest between any county officer, member of an appointed board, or employee, and any enterprise or organization doing business with Weld County,the question will be presented to the County Council for review,investigation, decision and resolution. The judgment and decision of the Council shall be considered fmal and shall be made a matter of public record. M,W..ILESWPTIOr..r4..,. ( • dfi From: jmfolsom<jmfolsom@ecentral.com> 1�� 1 To: CENTDOMAIN.CENTPOST(BTHOMAS) Date: 3/11/99 6:00am Subject: Amendments of Weld Co. Home Rule Charter 7050 Loma Linda Ct. Longmont Co 80504 303 833 2992 March 9, 1999 Weld County Council Greeley CO 80631 Subject:WELD COUNTY HOME RULE CHARTER; SUGGESTED AMENDMENTS Re: conflict of interest Dear Council Members: There follows text for suggested amendments to the Weld County Home Rule Charter. [1]Add to Conflict of Interest; Section 16-9[2][c]:*Being it deemed a conflict of interest,no county officer, member of appointed board or commission, or employee of Weld County shall participate in the nomination of a person for elective office in Weld County government by c' tin etition s for nomination to that office if the office for w is a perso ould be nominated supervises or otherwise directs or controls that of the county officer, member of appointed board or commission, or employee'. The purpose of this amendment is to better ensure that the above named county personnel would be supervised,directed and controlled by impartial persons dedicated to the interests of all the citizens of the County.There are constitutional questions regarding this amendment. It should be referred to the county attorney for an opinion, [2]Add to Elections;Sections 15-1 and 15-2; No county officer,member of appointed board or commission,or employee of Weld County shall campaign for a candidate for any office through verbal or written means at any time during the hours that person is working for Weld County'. The purpose of this amendment is to better ensure that county government personnel does not engage in such non-work activities during working hours. Very truly yours, John S. Folsom PC:Weld BOCC PS: Please make this letter part of the record of the Council's next meeting. chartamd.doc LEAVE WITHOUT PAY FOR EMPLOYEES RUNNING FOR PARTISAN OFFICE Section 4-2. Department of Finance, Central Purchasing, and Personnel. (B) The Division of Personnel shall: (2) Such system shall include at least the following: (f) 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. REDISTRICTING Section 3-2. Districts. (1) There are hereby established three geographic commissioner districts numbered district 1, 2 and 3 which shall, initially, correspond to the three commissioner districts in existence on the effective date of this Charter. (2) The Board shall review the boundaries of the districts when necessary,but not more often than every two years,and then revise and alter the boundaries so that districts are as nearly equal in population as possible. (3) Any change in the boundaries of a County Commissioner's district which shall cause a duly elected or appointed Commissioner to be no longer a resident of the district which he represents shall not disqualify him from holding office during the remainder of the term for which he was elected or appointed. Section 3-3. Qualifications of Members. Commissioners from districts shall reside within their geographic districts when nominated, elected or appointed and during their terms of office. N`a'MVFLETWJi t / CRSA § 30-10-306, Commissioners' districts--vacancies Page 1 *48972 C.R.S.A. §30-10-306 required to be resident in a district moves during his term of office from the district in which he WEST'S COLORADO REVISED resided when elected, his office shall thereupon STATUTES ANNOTATED become vacant. All proceedings by the board of TITLE 30. GOVERNMENT-- county commissioners in formation of such COUNTY districts not inconsistent with this section are COUNTY OFFICERS confirmed and validated. ARTICLE 10. COUNTY OFFICERS (3) When a board of county commissioners PART 3. COUNTY determines to change the boundaries of COMMISSIONERS commissioner districts or when new districts are created, such changes or additions shall be made Current through End of 2000 2nd Reg. Sess. only in odd-numbered years and, if made, shall be completed by July 1 of such year, except in § 30-10-306. Commissioners' districts-- cases of changes resulting from changes in vacancies county boundaries. (1) Each county shall be divided into three (4) Notwithstanding subsections (1) to (3) of compact districts by the board of county this section, after each federal census of the commissioners. Each district shall be as nearly United States, each district shall be established, equal in population as possible, shall be revised, or altered to assure that such districts numbered consecutively, and shall not be shall be as nearly equal in population as subject to alteration more often than once every possible based on such census in the following two years. One commissioner shall be elected odd-numbered year and shall be completed by from each of such districts by the voters of the September 30 of such year. whole county. If any commissioner, during his *48973 term of office, moves from the district in which he resided when elected, his office shall CREDIT(S) thereupon become vacant. All proceedings by 1990 Main Volume the board of county commissioners in formation of such districts not inconsistent with this Laws 1881,p. 100, § 1; Laws 1901, S.B.166, § 1; Laws section are confirmed and validated. 1963,H.B.90,§1. Repealed and reenacted by Laws 1975, HB.1136, § 2. Laws 1980, S.B.12, § 18; Laws 1980, (2) Each county having a population of H.B.1024, § 2; Laws 1984, S.B.135, § 1; Laws 1988, seventy thousand or more which has chosen to H.B./273,§2; Laws 1988,HB.1174,§4. increase the members of the board of county PRIOR COMPILATIONS commissioners from three to five shall be divided into three or five districts by the board 1990 Main Volume of county commissioners according to the method of election described in section Prior Compilations: Gen.Laws 1877,§438; Gen.St.1883, 30-10-306.5(5) or (6) or section 30-10-306.7. § 530; Rev.St.1908, § 1196; Comp.Laws 1921, § 8672; The districts shall be as nearly equal in C.SA.1935, c. 45, § 15; C.R.S/953, § 35-3-6; population as possible, shall be numbered C.R.S./963,§35-3-6. consecutively, and shall not be subject to <General Materials (GM) - References, alteration more often than once every two years. Annotations,or Tables> Commissioners shall be elected at large or from districts according to the method of election REFERENCES described in section 30-10-306.5(5) or (6) or section 30-10-306.7. If any commissioner CONSTITUTIONAL PROVISIONS Copyright(c) West Group 2001 No claim to original U.S. Govt. works -1- 8u1P 10-61-9 (nli )(u)(£)b0Z-ZL-wZ §'S'2I'a aZanlnud ssaoozd anllgiagtlap aqi of polgns pug 6iuulunlaid si It su piooai oijgnd g lou s!luamnoop siq,L SNOISIAOHd NO31Notiora 40 NOSIHYdLN03 This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XIII) 6-19-01 draft Issue Current charter prob election code- 31-11-101 et seq charter statute- lem_ 30-11-501 et seq definitions (30) Qualified elector-- A person 1-1-104 Now uses term registered to vote in Weld County, State of (12) "Elector" means a person who is registered- used to Colorado, and otherwise qualified to vote in legally qualified to vote in this state. The be qualified a general election under the laws of the related terms "eligible elector", "registered see§ 1-1-105. Elections State of Colorado. The term is synonymous elector", and 'taxpaying elector" are separately conducted ovisi n s which refer to with registered voter, registered elector, defined in this section. qualified elector which elector or voter. (16) "Eligible elector" means a person were conducted ptriorto who meets the specific requirements for voting toly o, si ns, puch refer q to provisions which refer at a specific election or for a specific to a qualified elector candidate, ballot question, or ballot issue. If rather than a registered no specific provisions are given, an eligible valid whenor and owndu were valid conducted, elector shall be a registered elector, as defined shall be deemed and in subsection (35) of this section. held to be legal and valid (35) "Registered elector" means an in all respects. elector, as defined in subsection (12) of this section, who has complied with the registration provisions of this code and who resides within or is eligible to vote in the jurisdiction of the political subdivision calling the election. ( if any provision of this code requires the signing of any document by a registered elector,the person making the signature shall be deemed to be a registered elector if the person's name and address at the time of signing the document matches the. name and address for the person on the registration document at the county clerk and recorder's office,and as it appears on the master elector list on file with the secretary of state.) -2- This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XIII) 6-19-01 draft Issue Current chatter° prob election code- 31-11-101 et seq charter statute: letn 30-11-501 et seq # for An initiative or referendum petition shall be 31-11-104 Ordinances--initiative five § 30-11-508. initiative signed by qualified electors numbering at percent of the registered Initiative, (ord) least five percent (5%) of the total vote at electors of the city or town on referendum, and the last general election, the date of such notice recall Every charter shall contain procedures for the initiative and referendum of measures and for the recall of elected officers. # for An initiative or referendum petition shall be Eff.. 31-11-105 referendum petition against the Every charter shall referendum signed by qualified electors numbering at date effect of ordinance. The petition must be contain least five percent (5%) of the total vote at of Ord signed during the thirty-0.0V er! 19!lowing procedures for the the last general election, prob aOQptlon) byfr@tlgast flVueici initiative and • rewsterad elWotors of the municipality referendum of registered on the date of final publication (of measures and for the ordinance) the recall of elected officers. 3 This document is not a public record as it is preliminary • and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XIIl) 6-19-01 draft 'Issue Current;charter prob election code . 3:t-11-101 et seq stat e =__: curter ut . tem . et seq. timing for filed within thirty (30) days after the The petition must be signed during the thirty- referendum effective date of the ordinance or resolution day period ( from effective date) (following to which such petition refers adoption) canvass Clerk who shall, within fifteen (15) days, 30-11-109 statement of sufficiency or canvass the signatures thereon insufficiency - thirty calendar days after the petition has been filed. If fails to issue a statement within thirty days, the petition deemed sufficient supplement If the petition does not contain a sufficient No supplementing number of signatures of qualified electors, the Clerk shall notify forthwith by certified mail the person filing such petition and fifteen (15) days from such notification shall be allowed for the filing of supplemental petition papers. signature Each signer of a petition shall sign his 31-11-108. Signatures name, and after his name, the date and his Any initiative or referendum petition signed place of residence by street and number, only by registered electors eligible to vote shall rural route and box number, or by other sign his or her own signature and shall print customary designation, except that a post his or her name, the address at which he or office box number shall be insufficient she resides, including the street number and name, the city or town, the county, and the date of signing. -4- This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(X 11) 6-19-01 draft Issue Current charter prob election.code- 31-11-101_et seq charter:statute- . 30-11-501 et seq _ _ , . � J protest charter does not provide but have used 31-11-110. Protest Within forty days after an nothing statute initiative or referendum petition is filed, a protest in writing under oath may by any resident registered elector specifically the grounds may include, but shall not be limited to, the failure of any portion of a petition or circulator affidavit to meet the requirements of this article. No signature may be challenged that is not identified in the protest by section and line number board Upon presentation to the Board of an 30-11-104 The proposed ordinance may be action with initiative *** petition, the Board shall, within adopted within twenty days following the final petition for thirty (30) days, either: determination of sufficiency. initiative (a) Adopt the ordinance or resolution as If not adopted by the legislative body, forthwith submitted by an initiative petition; publish the proposed ordinance as other *** ordinances are published and to the registered (c) Submit the proposal provided for in electors the petition to the electors -5- This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XI I) 6-19-01 draft Issue 'Current charter . • .: :` : ;prod =el tion cads=:.M:41401it charter statute 302 11- 5Q1_et:seq board Upon presentation to the Board of an If, upon reconsideration, not repealed, submit action with ***referendum petition, the Board shall, the measure to a vote of the registered petition for within thirty (3O) days, either: electors at a regular or special election referendum (a) Adopt the ordinance or resolution as submitted by an initiative petition; (b) Repeal the ordinance or resolution, or part thereof, referred to by a referendum petition; *** submit to Should the Board decide to submit the held not less than sixty days and not more electors proposal to the electors, it shall be than one hundred fifty days after the final submitted at the next general election held determination of petition sufficiency, unless in the County or, at the discretion of the otherwise required by the state constitution. Board, at a special election; provided, however, that if no general or special election is to be held in the County within 12O days after presentation thereof, the Board shall call a special election to be held within sixty (6O) days. -6- This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XIII) 6-19-01 draft Issue Current charter prob election code- 31-11-101 et seq. charter statute- lem 30-11-501 et seq Effect of (a) The presentation to the Board of a valid 30-11-105(3) If a referendum petition is filed, referendum and sufficient petition shall automatically the ordinance or part thereof protested against on ord. suspend the operation of the ordinance or shall not take effect, and, upon a final resolution in question pending repeal by the determination of petition sufficiency, the Board or final determination by the electors, legislative body shall promptly reconsider the except as heretofore provided with regard to ordinance. If the petition is declared not emergency measures sufficient by the clerk or found not sufficient in a protest, the ordinance shall forthwith take effect, unless otherwise provided therein. ballot titles none- use statute 31-11-111. Initiatives, referenda, and for each referred measures--ballot titles initiative or (1) After an election has been ordered*** referendum the legislative body of the municipality or its designee shall promptly fix a ballot title.*** (3) consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote would be unclear. The ballot title shall not conflict with those titles selected for any other measure that will appear on the municipal ballot in the same election. The ballot title shall correctly and fairly express the true intent and meaning of the measure. -7- This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XIII) 6-19-01 draft (4) Any protest concerning a ballot title shall Stat Weld County CodeSec. 2-2-130.Titles on be conducted as provided by local charter, ??? ballot issues. ordinance, or resolution. A. The Weld County Ballot Issue Title Board shall consist of the members of the Board of County Commissioners and the County Clerk and Recorder. B. Said board shall convene for the purpose of setting titles for local ballot issues, including requests for an election pursuant to Section 15-5 of the Home Rule Charter, upon • their submittal to the County, but shall not be required to do so where the ballot issue is being proposed by the Board of County Commissioners itself.*** E.Any request must include a draft of the proposed title and any written argument the proponents wish to set forth, received by the County Clerk and Recorder, meeting of Title Board to take place no earlier than the date of the first regularly scheduled meeting of the Board of County Commissioners twelve (12) days after the receipt of the request by the County Clerk and Recorder***. The Ballot Issue Title Board shall, in setting the title for any local ballot issue submitted to the County, follow the procedures and requirements set forth in Section 1-40-101, et seq., C.R.S., specifically Section 1-40-106(3)B, C.R.S. file such -8- This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XIII) 6-19-01 draft -9- • This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XIII) 6-13-01 draft TIMELINE FOR NORMAL STATUTORY PROCESS ( C.R.S. 30-11-401 ET SEQ) NOT INVOLVING ZONING TEXT AMENDMENTS) ACTION Introduced at to get published in full 10 days 2d and final reading Publish ord changes from 1" effective date** regular or prior to 2d publication special meeting days 0 7-9 days 10 days after pub* 7-9 days 30 actual 12-14 days total elapsed 0 7-9 19-23 26-32 • 56-58 *deadline of 1200 pm Friday to publish following Wednesday so in actuality takes 7 to 9 days to get into paper **in event of a referendum petition,the Ordinance does not take effect until petition invalidated or fails at election C.R.S.31-11-105(does not apply to special election or necessary to the immediate preservation of the public peace,health,or safety,) TIMELINE FOR NORMAL STATUTORY PROCESS ( C.R.S. 30-11-401 ET SEQ) INVOLVING ZONING TEXT AMENDMENTS 30-28-116 ACTION prepublication Introduced at regular to get published in 2d and final reading consider Publish ord changes from effective date** or special meeting full 10 days prior adoption Pt publication days 7-9 days 10 days after pub* 7-9 days 30 actual 12-14 days* total elapsed 0 14 21-23 33-39 40-46 70=76 This document is not a public record as it is preliminary and subject to the deliberative process privilege C.R.S.§ 24-72-204(3)(a)(XIII) 6-13-01 draft CURRENT CHARTER W/O ZONING CODE ACTION Introduced at to get published in full 10 2d reading Publish ord changes 3d reading final effective regular or special days prior to 2o°read from 1"publication public date meeting( 1d read) notice days 7-9 days 10 days after pub* 7-9 days to get into paper 10 days after pub* 7-9 days 5 actually actually 12-14 days 12-14 days total elapsed 0 7-9 19-23* 26-32 38-46 45-55 50-60 • CURRENT CHARTER WI ZONING CODE ACTION prepublication Introduced at to get published in full 2d reading Publish ord changes 3d reading final effective regular or special 10 days prior to 2" from 1't publication public date meeting( In read) read notice days 7-9 days 10 days after pub* 7-9 days to get into paper 10 days after pub* 7-9 days 5 actually actually 12-14 days 12-14 days total elapsed 0 14 21-23 33-37 40-46 52-60 59-69 64-74 Under the Charter an Ordinance takes effect 5 days after publication (unless emergency or otherwise stated)and in the event of referendum is automatically suspended until fate of referendum decided. Emergency Ordinances do not get suspended but are subject to referendum M:\W PFILES\ORD\adoption\chart.wpd Adoption of Ordinances Section 3-14. Ordinances. (1) An ordinance may be introduced at any regular meeting by any member of the Board. Upon introduction it shall be presented and read a first time, and public notice of the proposed ordinance given at least ten(10)days before its second reading. If,upon second reading, a majority of the Board approves the ordinance,public notice shall be given a second time as a proposed ordinance, at least ten(10)days before its final passage. Upon final adoption, public notice shall again be given. (2) Except in case of an emergency ordinance,an ordinance shall become effective five(5)days after its final public notice unless a later date is specified in the ordinance. (3) Every ordinance, except a general budget ordinance, a general appropriation ordinance, and an ordinance adopting a code by reference,shall be confined to a single subject which shall be clearly expressed in its title. (4) All ordinances shall be introduced in written or printed form. No ordinance shall be amended by reference to its title only,but the revised sections of the ordinance, as amended, shall be re-enacted in full and public notice given, except as otherwise provided herein for amendments to codes. However, an ordinance or section thereof may be repealed by reference to its title and ordinance or code number only. (5) The enacting clause of all ordinances shall be: "Be it ordained by the Board of County Commissioners of Weld County, Colorado." (6) An ordinance which is declared therein to be an emergency ordinance may be enacted by four-fifths vote of the Commissioners at the meeting at which it is introduced without any requirement of prior public notice. Public notice of an emergency ordinance shall be given forthwith after passage. The effective date of an emergency ordinance shall be the date of its enactment unless a later date is specified in the ordinance. An emergency ordinance shall contain a specific statement of the emergency. (7) The Chairman shall sign and the Clerk to the Board shall attest to all ordinances approved by the Board. All ordinances of the County shall be indexed by subject by the Clerk to the Board and kept in a book for that purpose which shall be a public record. (8) Standard codes, promulgated by the Federal Government,the State of Colorado, or by an agency of either of them,or by any municipality within the State of Colorado,or by recognized trade or professional organizations,or amendments or revisions thereof,may be adopted by reference;provided the public notice of the ordinance adopting any said code shall advise that copies thereof are available for inspection at the office of the Clerk of the Board, and provided that any penalty clause in said codes may be adopted only if set forth in full in the adopting ordinance. (9) The Board shall cause the permanent ordinances to be codified periodically. Such codification may be of the entire body of permanent ordinances or of the ordinances of some particular subject. Such codification may be re-enacted by reference by the Board or may be authenticated in such manner as may be designated by ordinance. No codification ordinance shall be invalid on the grounds that it deals with more than one subject. The Charter currently provides for a three reading process prior to adoption of any ordinance unless it is denoted as an emergency Ordinance. The "substantive"home rule statute has language regarding adoption of codes by reference and also incorporates the procedure found in the County Ordinance process in 30-15-401 et seq. A challenge to the Weld County process is possible given the lack of consistency between the procedures in the Charter and the statutes but unlikely to be successful All of these statutory provisions postdate the enaction of the Charter and Weld County provides a greater opportunity for public involvement because of the three readings. The emergency process is somewhat more vulnerable but the County could address this by requiring administratively publication prior to adoption even though the Charter does not so require. § 30-35-301. Duty to make and publish ordinances A county adopting any of the home rule powers under this article shall make and publish, from time to time, ordinances, not inconsistent with the laws of the state, for carrying into effect or discharging the powers and duties conferred by this article and as seems necessary and proper to provide for the safety,preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such county and the inhabitants thereof Such ordinances may be in addition to those authorized by section 30 15 401, and the iizouisiops of sedtions, 30�,}5-; `©"i'dlo=.5 11"�sh" 'llalso,agptytos....rdmaces; § 30-35-401. Definitions As used in this part 4, unless the context requires otherwise: (1) "Adopting county" means any home rule county adopting an ordinance pursuant to the provisions of this part 4. (2) "Code" means any published compilation of statutes, ordinances,rules,regulations, or standards adopted by the federal government or the state of Colorado, or by an agency of either of them, or by any municipality or county within the state of Colorado. It includes any codification or compilation of existing ordinances of the adopting county. The operation of this article as to published compilations of any organization or institution shall be limited to building codes, which may embrace any of the following subjects: The construction, alteration, repair, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings or other structures,whether erected before, on, or after June 8, 1981. (3) "County clerk" means the county clerk and recorder or equivalent officer. (4) "Governing body" means the governing body of a home rule county. (5) Pti ry cqd means any code which is directly adopted by reference in whole or m part by any ordinance passed pursuant to this part 4. (6) "Published" means issued in printed, lithographed,multigraphed, mimeographed, or similar form. rin(7) "SAtor}€ `eCiAe" means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code. ti tr-, t Ir$ u r. 2 if t, �.r r.42T q,k�iir to ;4 M osixn � � 7^ud ¢ "a�6 " f�3'b4�1'it I ri{a+I �J "T dr ��girc i�if N I'&i rii� r; Y vrM". 'Wr" a 1 rt s Ifa7I e,prcicednress ad'rec uxromm bft#us art 41 ae?cot p fedW itnt y home ru1le tr.t a't, t,, a cf l- 'h �dh ) nu x r¶r iii,, rG r a,rbrlr r of �'Cuk t Fz'hArr ra rr ,rr, le YrTv cow t',+Is 4�9,pJedto n�`', y"or hoat ;w` clJ,ae opts a1}ry c4 e ifo eri}Ipea 11?°;vy"}a . m611,fi'�'�'eidet 7pkpw M " F" f, °r I= ;+,a�x�Aito- nN- t i mi , SN+ fa 9Y, NR. P t , h co e thus ado fed ma hn turn adop{tj' r fare ce in w el for in art' part, a'Ild s�1G IlIrra� � � +. � , � i P x P 4 auk secondary codes duly desenbedtherem> Uxlowever;'every primary code and eveit seeondary + i i Ir 'Yei +��r.pEw it+i + +� , ) code which is incorporated in any such adapting'ordinance slial'be specified ip the title otT the ordrn }}ce § 30-35-403.Notice--hearing ,eryiyrzr �izxp�a r 3dT' 31' tiS t .�.`Ys irfi N I +[ iYi nl ,ry � 4J414 After the first reading of t ie adbi J gFordtnafce and of die•code o be a opteei thereby; t H Y 5 , � ,5 IvS ry old t � 1 and of?.an §econdary codes therein,adbpted;by referenee,'the governingrbody shallischedule a t ,y public'hearing thereon notice of the hearing shall be published twice in a newspaper of general cireulationin the adoptmg�county +once at least fifteen da +preceding the heann�g+and once+at ICI .fir+}�' IP d yI, tl - I , , ICI ,, + iv leastei t days, recedin }f If thereiis no such newspaper„the notice shall be,posted m the saute I 1 � ,� � iV F ,W� 1, manner as provided for+the posting!of a proposed+ordtnance;° Tle notice shalli state'the tithe'and placeeof the hearing It shall also state that copies of the pnmary code aril'also copies of the secondary codes, Many,.being considered for adoFption are on filetwi4tine county clerk and „ recorder and"are open to public inspection The motive shall also contam.'a description Which the governing body deems sufficient to,give notice to interestedpersons of the purpose Of the cope Iv EGF� sI NG' + i Er , i arid of any-secgnd'a y cods incorporated therein by reference,the subject matter of each such code'the name and address,of the agency-by which each has been promulgated, or, if a municipality or county thecorporate name of such municipality or county which has enacted such code, and•ote date of publication of such code or;codes, and in the case of a code of any municipality or county the notice shall contain specific reference to code or codes of a given municipality or'cow ty as they existed arid were effective at a given date. § 30-35-404. Adopting ordinance--adoption of penalty clauses by reference prohibited After the hearing,the governing body may amend, adopt, or reject the adopting ordinance in the same manner in which it is empowered to act in the case of other ordinances; but nothing in this article shall be deemed to permit the adoption by reference of any penalty clauses which may appear in any code which is adopted by reference. Any such penalty clauses may be enacted only if set forth in full in the adopting ordinance. All changes or additions to any code made by the governing body shall be published in the manner which is required for ordinances. § 30-35-405. Publication of ordinance Nothing contained in this part 4 shall be deemed to relieve any home rule county from the requirement of publishing in full the ordinance which adopts any such code, and all provisions applicable to such publication shall be fully carried out. The adopting ordinance shall contain the same description of the primary adopted code and of each secondary code incorporated therein by reference, as required in the notice of hearing in section 30-35-403. CREDIT(S § 30-35-406.Filing of public record—sale of copies Not less than three copies of each primary code adopted by reference, and of each secondary code pertaining thereto, all certified to be true copies by the county executive officer and the county clerk, shall be filed in the office of the county clerk at least fifteen days preceding the hearing and shall be kept there for public inspection while the ordinance is in force. After the adoption of the code by reference, one of the copies of the primary code and of each secondary code may be kept in the office of the chief enforcement officer instead of in the office of the county clerk. Following the adoption of any code,the county clerk shall at all times maintain a reasonable supply of copies of the primary code and of any secondary codes incorporated in it by reference, available for purchase by the public at a moderate price. CREDIT(S) 1990 Main Volume Laws 1981, H.B.1579, § 1. § 30-35-407. Amendments If at any time any code which any home rule county has previously adopted by reference is amended by the agency or municipality or county which originally promulgated, adopted, or enacted it, then the governing body may adopt such amendment by reference through the same procedure as required for the adoption of the original code; or an ordinance may be enacted in the regular manner, setting forth the entire text of such amendment. CREDIT(S § 30-15-403. Style of ordinances The style of the ordinances in counties shall be: "Be it ordained by the board of county commissioners of county." CREDIT(S - § 30-15-404. Majority must vote for ordinances--proving ordinances All ordinances shall require for their passage or adoption the concurrence of a majority of the board of county commissioners. All ordinances may be proven by the seal of the county, and, when printed in book or pamphlet form and purporting to be printed and published by authority of the county, the same shall be received in evidence in all courts and places without further proof. CREDIT(S • § 30-15-405. Record and publication of ordinances All ordinances, as soon as may be after their adoption, shall be recorded in a book kept for that purpose and shall be authenticated by the signatures of the chairman of the board of wr 1,4e""h+lnd� it ' v!fihF' " sl ar y county commmssioners and the county clerk and recorder all rdinanceso a�general'or , e r� s r >"st•s a tin 6, ,, u,r e ,,,, rr t it ,Y rg rl al.?!. permanent nature and+6hoe imposing suyir}e>penal„ororfa��hir"e, olTouvm'ANadophon shall bs published•by title only and shallrcontam tthe date,tof"th'eimitial publication and,shall.reprint in full any sect19,„=S11—,_bsection, pr par graph,of the or ante which as amended ffollowtng,the}ivy}al pllblicat'joll` Publication following adoption may be in full at the discretion of the board of county commissioners. It is a sufficient defense to any suit or prosecution for such fine,penalty, or forfeiture to show that no publication was made. If there is no newspaper published or having a general circulation within the limits of the county,then, upon a resolution being passed by the board of county commissioners to that effect, ordinances may be published by posting copies thereof in three public places within the limits of the county to be designated by the board of s EF, ry sl a r a n ce r c r nor ecial electio s or neeess to the county commmssioners Except for ordinances �g ,sp iB. T A-t§. 4>71 i1 r r#u n Y c ei { - u. .. ",'≥a. 1 ( a, �` immediate preservation,oftne public healhh;or,safety and,contanning the reasons ma cing'the same NO e a - ^ y .J' , I 1 ,t P n + o- necessary m''a sepatale section such ordinances shall nottalee effect antltbe 2n force before thirty days'"after they"have beeg'so,publ shed The excepte4 ordinances"shall�take+effect'1iponradpptjoi. A copy of an appropriate section or sections of the book of ordinances provided for in this section, certified as correct by the county clerk and recorder, shall be taken and considered in all courts of this state as prima facie evidence that such ordinances have been published as provided by law. r,.- -.)_,-.1=•,,---,,,,i o2=!., -- mom,g'"r'�"?}<r e r l fi" ,,==',04;=_'-_, gu Sjc "iii: § 3'0-15-4I eading bcl'oreaboaccl of cnti }sslbgers,-lautalke r- q 1-w -.Ye,v r� j f.. .i><t r 1u-. tti 4 �'i - ' r'4§"W',ot1 .}rat 4.. 3�rx-1 Ir �I No ordinance shall be opted by any boards ofrcoun commmsstoners of any c nnty''1n, s�_r wS�f; �Jne�.i 71�� n,. r�h G to l ltd� SY"�' '" " 5°vr�41�, this state unless the saihe'hasibeen previously introduced anTreat latkprecedrng fegul¢ar or �F sr, II special meefuig of such board and publigheti rm raull in one newspaper of!generaUia:i igation. published m such county at�leastten days before its adoption If there ts.no such newspaper published'm the county copies o the proposed ordu ance shall'be posted tnY a₹least six public1 ia i # Ate till Jp if ri 1 It rpn places m such couniy at;leastten#clays prior to its ado on Such�previous��mtrod ictionr9,;='= ,...s ordi YN{ V •y IIl fli�Yt� jtr,tl { ,,,34 f,) ,fk I lMai, = 1. ._=::. lG4k Ie t inance at such preceding�meetng.(of the board off county commissioners and thesfact o=,,,its >f i f 1 n' ;rB f -pa 1r 9, i �p Yt'AS.' kll a s ar n �ls ert I }n" e ubication4in:such newspapers oryby�rpostmgtshyall dppeanmstace�cae,and� e attestatLoii p , t ,L1 7"Y t rk VII ,�h .tits W r w 1agl-ytakl:ti? 1 f l Nf ias ,4 Reis l k s E x �I1sgit:.N. - ttie„counW'clenlcand'recoilaet;or suclliojdinan e afler its ad„ ?jo °. ;.n. ar..11crm �a� 'd i'T Y4��` Sd7�6'` '"�KL -g '� g 4 let co;e 'x r }^.AaX�° t, y4 g r¢�¢�.t �"Sr�" .qnt Ill�ir� .Si t r w � '1 W"tl Fro i :RI"! ". {� fnt+i' f 71+ y iti T,A,4-„,-,,,-,,,',-,enerhere d zig�of annoLdm�e or of a d'ode, Which is bedot}'led¢by'refe,,';- e st Y ,:,,,:,..1,,,,,..,,,:,,,,,..anlr x egy¢f�.0 f.3°-11n!rt s �r ?Y2 sG1dl ` 1 Jto rt,e t'4f i er i + eI.it r� t e is recyuiredslly,, tatuta, any suclrFre uirementf s`ha�tll'r7ie eer e totbe rsiatisfiedti 4ithe;p, '4,,,9„,i,,,,,,,,th y, . r i} Fd .] r, t, l,,�k ,,,r i ri l ila.lr Fs� Fd dr"� x 4kfra p smelt l 60-}r wor zr�3 P9ce=.9.1; .0....„,,, !. pro ©seat rdunamce or code is rea "andtt e,epfireelte-%94,ir the proposed�br oe or o f y Coe = f Q 9 ,wt9r"ir 4 r }�r 0 5 ��, , i;U'il a q otvh ist ,� 1 sl V t, ai nkt ` , , , ln�'mor I r.. which;sisstolbe adopte 1 byreferei ce,isrsubz t erfiri w33 g to,,the board of coui}ly agln niss}Driers pefore"440 494 Rob.+fit J Benke DDS 970 866 1018 08/22!01 09i19A P.002 August 21,2001 Dwaine Kurtz,DDS Weld County Home Rule Charter Committee Greeley,Colorado 80631 Dear Dr. Kurtz and Members of the Committee: T am employed by the Weld County Coroner's Office as a Deputy Coroner- Administration. Due to an illness and hospitalization, I am unable to attend the Home Rule Charter Committee meeting scheduled for tomorrow evening However, I would like to have the following statement submitted to the public record supporting the proposal before you to have the position of Weld County Coroner removed from the ranks of an elected official and become one • appointed by the Weld County Commissioners. I believe the Coroner's position should be an appointed position for the following reasons: - The position of Coroner needs to be well educated. At the present time anyone can be elected to the office,there are N.Q educational requirements. ▪ The Coroner needs to be committed to their position to insure that families arc expediently served. There have been times when families have had to wait needlessly to get a signed death certificate. This can be weeks or even months. Granted,at times this is unavoidable as lab reports,toxicology reports,medical records or autopsy reports arc pending. I am speaking specifically of when all reports are available, however,the death certificate is not completed due to the fact that the coroner is not available in the office. ▪ The Coroner needs to be accountable. Currently,there is ri4 recourse when an elected official does not provide the services to the public they were elected to perform. Additionally, if an employee has a grievance with an elected official, we are told that the County can not or will not assist to mediate an equitable solution. It is Jell to the individual elected official to deal with as they choose. Robert J Benke LIDS 970 386 1019 08122!01 09s19A P.009 There arc decisions that are made within the Coroner's Office that are made on the basis of political influence rather than sound investigative principals. Other Colorado Counties require that ALL deaths occurring within a hospital be reported to the Coroner's Office. However,Weld County does not have that requirement. Therefore, potential complicated deaths could go unreported. Additionally,there are times when outside agencies or comm unity members influence the investigation and ruling of a death. For the past several years the Weld County Coroner's Office has not been represented during the Weld County Commissioner's Budget hearings. This has resulted in inadequate funding to provide the services the Coroner's Office is responsible for. Again, I would like to take the opportunity to ask the Weld County Council's Home Rule Charter Review Committee to support the recommendation that the Office of Weld County Coroner be removed from the ranks of an elected official and become a professional appointed position to represent the those who have died and the families that grieve their passing. Respectfully Submitted, • Ca-eat- gaz.14:7 Barbara Cowell-Redling Deputy Coroner-Administration 3126 22nd Ave. Greeley,CO. 80631 970-353-4658 OFFICE OF THE WELD COUNTY CORONER At >\_BARBARA COWELL-REDUNG DEPUTY CORONER/ADMINISTRATION - a .J 1555 NORTH 17IM AVENUE (970)3604000 EXT.2600 OREELEY,COLORADO 80031 FAX;(970)3044444 1C� : gpITORIAL Bo6RD 352-0211 JIM ELSBERRY Publisher' KELLY ANN TRACER Assistant managing editor 'f '' •.E4.201,•elsber leytrlb.com'' •Ext.233•tracereareeleytrib.com it' .�IISS QOWERR Editorn • 230 THOMAS MAR1INQ City editor f �' blen!greilleyb1b.t�rri ' Ext 227•tmartinez@greeleytrtb.com ' RANDY BANOERW Managing editor J.MATTHEW DIXON Opinion page editor ) IN " +Ext.234•txmgertt6gredeytdb.com •Ext 290•dixon@greeleytrib.com MOWER 5TARBUCKAssistant managing editor DONOVAN HENDERSON Copy desk chief •Ext 226Instalibucia@gre leytrib.eoin •Ext 240•henders0 r . ,.-. . •'I-tir r ,„° - ^'ti ; +; - Wednesday,Aug.22,2001 ' " guest olumnist { , e^rule charter doesn 't need fixed T1 WELD COUNTY HOME please step forward and state exactly domes was adopted,those Art what's wrong with it? 6 drafted it,:a nd those who Willis rt Recall,if you can,the qualifications -v- recognized required to hold the positions of president ental right of i!t it • of the United States or U.S.representa- ` elves.There s' . , tive. n,an Implicit `�1 ' These are examples of elected officials " gibvoters to deter- who make public policy.Their common who is best-qualified qualifications for office are remarkably ip,the public arena. " . • simple:age,citizenship,voter registration election cycle,the public is hours of a full-tit a position.Granted,not and a majority election. given i and its full opportunity to ' all of these hours were spent sitting The Home Rule Charter Commission is tes. behind my desk 4.a fact common to charged with possibly recommending that •ters are not stupid. every elected o sal in the county.We those who carry out public policy meet « a 4 informed and all do more tl •e're recognized for; more stringent qualifications than those Usti qualifications,and and a lot of the;.WOrk we do is unseen but who set policy.To me,the political side of .,pandidac'for any given still;adds value'for Weld County.In my this is more obvious than the logic of it. e4 few,is to insult ; particular case,hundreds of hours were "Politician"is a term almost universally ore,to make these spent outside the office(and away from associated with negative connotations. inted is to expose the system home)in my role as an officer in Even Webster(the Dictionary Guy)recog- t partisan cronyism. International Association of Clerks, ni2ed this:"often used derogatorily with 34 oa „ sense to me.Cic Recorders,Elected Officials and implications of seeking personal or parti- -"W ` ' trait for office,I entered Treasurers and a member of the Colorado san gain,scheming,etc."If true,then will- into an implied contract.If the position County Treasurers'Association.An equal- ing and qualified candidates would be as necessitsted working 60(or more)hours ly large number okhours were spent in scarce as hen's teeth.To a person,every per week,-I would have no right to investment training,which has resulted in one of us could likely earn more in the protest or complain about it.The job considerable excess returns to the coun- private sector—with far less stress.And must , ' e.By the same token,if the ty's coffers.I'm neither whining nor few,if any of us,would subject our fami respo 'ties could be fulfilled in less boasting.These are the facts.And I has- lies,or ourselves,to a life in the spotlight than per week,the public would ten to add that every other elected official merely for personal gain.Yet,the miscon- derive benefit,albeit in a short- could lay claim to the same level of effort ception survives. er timdtame than might be expected. and the same quality of return to the We run for office because we believe �_", we have something to offer.If elected,we Hasp this,Weld County's cpunty.k+specifically exempts There's now a'move under way to ask only that we be given the opportunity sleet ' from the usual"4O- revisit the home`de charter-specifi- to prove ourselves and that any scruti- hpurs-are'veek`standard. cally as it addret as elected positions A ny of our performance take all aspects of ess,for the record,during long-standing says,"If it ain't broke, our work into consideration. the last',_' ears,the amount of time I don't'fix it operat nder the have y spent in my capacity as assumption the. home-ride charter is Art Willis has been the Weld County county(usurer far exceeds the 2,O8O bra *?All poll 'aside,would someone treasurer since 1994. 44.41 BUJ L ^nom; tt .,. A!!IILU v !ua 3-_ Glenn Vaad Mead, CO n C ,. J, Dear Sir: It has come to my attention that there is a movement the would allow our elected officials, Sheriff, Treasurer, Assessor, Coroner and County Clerk to be appointed instead of duly elected by the citizens of Weld County. I wish to express, as a citizen of this county, my strong OPPOSITION to this. Only the elected process affords the greatest degree of freedom and proper representation of the electorate. The appointment process allows "cronyism" and favoritism. It also allows no term limits or the ability to remove incompetence, malfeasance, and illegal activity on the part of an"appointed" official. Again, I beseech the members of the Commission to reject this motion and retain the Election process. This is the only way to retain the freedom and proper representation of the citizens. Sincerely: David L. Fetterolf 4021 13`s St. Greeley, CO 80634 970-356-8483 Attorney & Counselor at Law 2147 Glenfair Drive Robert J. Loew Greeley,CO 80631 Telephone: 970-392-9832 Fax: 970-392-9836 June 21, 2001 David Fetterolf 4021 13th St Greeley, CO 80634 Dear David, I have had more than twenty-five years in the practice of law. Although I grew up overseas(my father was in the service) and spent more than fifteen years in Los Angeles, California, I am.a fourth generation.Coloradoan. I was a prosecutor in Los Angeles,.California, as well as City Attorney and a.County Attorney in Colorado. In short, I know government and both the elected officials and bureaucrats that serve her. I am writing to you, to alert you to, what I believe is a serious threat by the Weld County Commissioners to our representative form of government. You may have recently seen a series of articles in the Greeley Tribune and in the letters to the editor,which question the fact that the Sheriff, Treasurer, Assessor, Coroner and the Clerk and Recorder are elected rather than appointed officials. There is a growing argument that somehow citizens are better served by bureaucrats selected by a few elected officials, rather than by individuals that the voter places in office. This elitist argument presumes these certain self-anointed politicians know better than the voters who can best serve the public. If this trend continues,we can expect to see a hard push to make the Sheriff an appointed position in Weld County. This is possible because Weld County is one of the few counties in the State that operates under a charter. I believe if this push is successful, it will result in a law enforcement community that adopts values that are not consistent with the population it serves. I have seen this time and time again. Chiefs of Police, while well meaning,start to adopt the values of the "politically correct"and not the values of the citizens.that pay their salaries. This change in attitude holds true from the police department's position on the issuance of concealed weapon permits to the type of law enforcement the voter experiences in the streets. I urge you to not give up your right to self-government. Interestingly enough,those who argue that the county ought to operate more hie the city are not ready to have the Commissioners(who have no background to run the departments they are appointed to)become part time officials. This is just part of the hypocrisy of elitism. I urge you to have your voices heard on this issue. Do not let a bureaucrat replace a Sheriff elected by the voters. Please contact your Weld County Commissioners and let them know you are opposed to this trend. I have attached a listing of their names and phone numbers. Also, be aware that the Weld County Charter Commission is preparing this matter for the ballot. Contact Don Warden at 356- 4000 ext. 4218 and find out when the next public meeting is on this issue. Attend and let your concerns be known. Jefferson once said that freedom would be lost one light at a time. Do not let them extinguish this one. Yours truly, ' Robert J. Loew �+ WELD COUNTY COUNCIL • Composition o Five elected members—three representing geographic districts as established in the Charter; two members at-large. • Member Qualifications o Must reside within representative geographic district and shall not hold any other county elective office or be a county employee. • Terms of Office o Four years; two consecutive terms only. • Compensation o None, other than reimbursement for actual expenses. • Duties o Set salaries of all elected officials. o Fill vacancies on the Board of County Commissioners and on the Weld County Council. o May suspend an elected official formally charged or indicted for the commission of a crime or when a valid petition for recall of an elected official is presented. o Review conflicts of interest between any county officer, member of an appointed board, or employee, and any enterprise or organization doing business with Weld County. o Review all aspects of county government and make periodic reports to the people. o Appoint a performance auditor to assist Council in reviewing county government. • Coordinator and Elected Official Assignments o Interact with county departments and elected officials. Report to Council. OFFICE OF WELD COUNTY COUNCIL 915 10TH STREET P O BOX 758 GREELEY, COLORADO 80632 FAX: 970-352-0242 I WEBSITE: www.co.weld.co.us WI D C PHONE: 970-356-4000, EXT. 4780 EMAIL: CountyCouncil@co.weld.co.us O COLORADO INFORMATION REGARDING THE WELD COUNTY COUNCIL The Weld County Council, created by the Weld County Home Rule Charter in 1976, consists of five nonpartisan elected members, one representing each district and two at-large members. The Council members receive no salary for their services, but are reimbursed for actual and necessary expenses. The Council meets on the third Tuesday of every month. The Council conducts Council business nine times a year at the Weld County Centennial Center, 915 10th St., Greeley, Colorado at 6:30 p.m. In the interest of better serving the electorate, the Council will meet in out lying County towns in May, July and September in 2001 at 7:30 p.m. The Weld County Council is a distinctive organization offering citizens and employees of Weld County the opportunity to participate in their County government. Weld County citizens and employees may present their concerns regarding County government to the Council as the Council is charged to review all aspects of County government and make reports to the people. In addition to reviewing County government the Council has four other functions described in the Weld County Home Rule Charter: 1) to set salaries of elected officials, 2) to fill vacancies on the Board of County Commissioners and on the Weld County Council, 3) to suspend an elected official formally charged or indicted for the commission of a crime, and 4) to review conflicts of interest between any County officer, member of an appointed board, or employee, and any enterprise or organization doing business with Weld County. The Council office is open part-time. By calling (970) 356-4000 (extension 4780), one will hear a recorded statement of the time and location of the next Council meeting as well as the Council office hours. Council meetings are a matter of public record. The public is encouraged to express their views and concerns to the Weld County Council and thereby afford themselves of the unique opportunity provided by the Weld County Home Rule Charter. 2001 Weld County Council Meeting Dates and Locations Greeley Meetings 6:30 p.m. Out-of-Greeley Meetings 7:30 p.m. January 16, 2001 Weld County Centennial Center, First Floor Meeting Room, 915 10th St., Greeley, CO Review Program: Mr. Tom Teixeira, Greeley/Weld County Housing Authority February 20, 2001 Weld County Centennial Center, First.Floor Meeting Room, 915 10th St., Greeley, CO Review Program: Mr. Michael Reisman, Greeley/Weld Airport Manager March 20, 2001 Weld County Centennial Center, First Floor Meeting Room, 915 10th St., Greeley, CO Review Program: Mr. Tim Tracey, President Weld/Greeley Chamber of Commerce April 17,2001 Weld County Centennial Center, First Floor Meeting Room, 915 10th St., Greeley, CO Review Program: Mr. Chris Woodruff, Weld County Deputy Assessor May 15, 2001 Evans Community Complex Multipurpose Room, 1100 37' St., Evans, CO Review Program: Under Sheriff John Cooke - Development & Operation: New Weld County Jail May 29, 2001 SPECIAL MEETING Weld County Centennial Center, First Floor Meeting Room, 915 10" St., Greeley, CO Review: Consider Review of Weld County Treasurer's Office June 19, 2001 Weld County Centennial Center, First Floor Meeting Room, 915 10th St., Greeley, CO Review Program: Mr. Ron Broda, Vegetation Management Specialist July 17, 2001 Keenesburg Fire House, 65 E. Gandy, Keenesburg, CO Review Program: Mr. Mark Cronquist - A Review of the Weld County Fair & Weld County 4-H, Now and in the Future August 21, 2001 Weld County Centennial Center, First Floor Meeting Room, 915 10th St., Greeley, CO September 18, 2001 Frederick Town Hall, 401 Locust Street, Frederick, CO Review Program: Commissioner Vaad - Planning and Future Growth October 16, 2001 Weld County Centennial Center, First Floor Meeting Room, 915 10th St., Greeley, CO November 20, 2001 Weld County Centennial Center, First Floor Meeting Room, 915 10th St., Greeley, CO December 18, 2001 Weld County Centennial Center, First Floor Meeting Room, 915 10th St., Greeley, CO THE OFFICE OF THE CORONER What Are the Statutory Responsibilities of the Coroner in Colorado? The Coroner's Office is a statutory office,which is mandated to establish the cause and manner of death. The CAUSE OF DEATH is the injury,disease, or combination of the two that was responsible for initiating the train of physiological disturbances (brief or prolonged),which produced the fatal termination. The MANNER OF DEATH refers to the circumstances in which the cause of death arose(suicide,natural causes,accident, homicide). It is often a misconception that the responsibility for determining these vital questions lies with the law enforcement agency,however,this is the responsibility of the Coroner. THE TYPES OF DEATHS THAT ARE REPORTED TO THE CORONER: 1. No physician is in attendance. 2. The attending physician is unable or unwilling to certify the cause of death. 3. The attending physician has not been in actual attendance within 30 days prior to death. 4. All cases in which trauma may be associated with the death,such as traffic accidents,gunshots, falls,etc. This includes inpatients who have sustained fractures any time in the past. 5. Deaths by poison,suspected poisoning,chemical or bacteria,industrial hazardous material,or radiation. 6. All industrial accidents. 7. Known or suspected suicides. 8. Deaths due to contagious disease. 9. Deaths due to self induced or unexplained abortion. 10. Operating room deaths and deaths that occur during a medical procedure. 11. All unexplained deaths—deaths that occur in a healthy individual. 12. Deaths that occur within 24 hours of admission to a hospital or nursing care facility. 13. Deaths in the custody of law enforcement. 14. Deaths of persons in the care of a public institution. The investigation of a death by the Coroner's Office is an extremely important function as it is done by an independent agency who does not work for the law enforcement agency,the physician,the nursing home,the hospital,the prosecution or the defense,but works on behalf of the deceased to obtain the truth about their death. Associated with the responsibility of determining the cause and manner of death,the Coroner has numerous other responsibilities. Listed below are these responsibilities and clarifications. I. PRONOUNCE_DEATH and determine what time the death occurred. Only a physician or a Coroner may pronounce death. The determination of the time of rkeath is critical to a criminal case,and may be extremely important with issues related to insurance and beneficiaries. 2. SCENE INVESTIGATION. The Colorado Law is specific that the body of a deceased person may not be moved from its place of death until the Coroner arrives at the scene and performs the investigation. In rural counties the Coroner typically handles most of the scene investigations,and in urban areas,due to the large volume of cases,the Coroner typically has Coroner Investigators who handle the scene investigations. It is the Coroner's responsibility to be certain that their deputies and investigators are well trained in scene and follow-up investigations. Scene investigation not only includes evidence collection,scene interviews,and examination of the body and circumstances,but must be followed up with additional interviews of family,friends, physicians, procurement of medical records and other material that might provide the information needed to make the cause and manner of death determinations. The Coroner must correlate the scene findings with clinical history,antimortem medical records,criminal, psychological and family medical history. 3. TAKE CUSTODY OF THE BODY. This is Colorado Law. it is the Coroner's responsibility to see that the body is removed from the scene. This must be done with extreme skill when there is evidence to preserve. It must be done with sensitivity and respect, as often family members are at the scene. The Coroner must make arrangements to have the body transported to a mortuary,or in cases where an autopsy or other tests must be done,the Coroner must transport the body to their forensic facilities,which may be hundreds of miles away. This responsibility must be carried out in the same professional manner regardless of if the body is in a hospital setting, or is a decomposed, maggot infested,unknown body in the woods. 4. MAKE POSITIVE IDENTIFICATION OF DECEASED A positive identification is made on all deceased persons whose death is investigated by the Coroner's Office. This can be an extremely time consuming and difficult procedure. Fingerprints,dental records,radiological records, and DNA may all be used for positive identification,but the antimortem records must be found and obtained. Due to Colorado's location and good economy, there are many immigrants,illegal and legal,which often make identifications very difficult. 5. IDENTIFICATION AND NOTIFICATION OF NEXT OF KIN It is the Coroner's responsibility to determine who is the next of kin. When the determination is made,the person must be located and notification made. Death notifications must always be made in person and can be one of the most difficult and emotionally charged duties of the Coroner. Once the next of kin have been notified,the Coroner will be in constant contact with the family to advise them of the results of the investigation and/or autopsy,to obtain other information as needed, and to assist and coordinate the investigation with the funeral plans. The Coroner also makes referrals to specific groups such as the Sudden Infant Death Program and suicide survivors groups as the situation dictates. If the next of kin are outside the county(maybe in other states or countries),the Coroner connects with out of state Coroners or law enforcement officials so that in person notifications are still facilitated. The Coroner may spend many hours locating these people and many more hours helping them to facilitate disposition of the body and/or understanding and dealing with the death. 6. DISCOVERY OF REMAINS Often times skeletal remains,complete or partial,are found in all areas of Colorado. The Coroner is responsible for first determining if the bones are human or animal,and if human,are they ancient,or Native American,or have forensic value. If the remains are determined to be Native American,the Coroner must follow certain statutory obligations regarding notification of appropriate State agencies. 7. DEATH CERTIFICATES At the conclusion of a death investigation,the Coroner issues a death certificate,which is the legal document that states the cause and manner of death. This is an extremely important document as it is used to settle legal matters,criminal and civil,and insurance benefits for survivors often hinge on the rulings. 8. REPORTS Coroners must keep records and reports of each death investigation. Their records are often subpoenaed into court for criminal or civil purposes,and requested by physicians,insurance companies,and families. 9. OTHER RESPONSIBILITIES OF THE CORONER The Coroner's Office provides information, and works closely with other state and federal agencies (Health Department, OSHA,FAA,NTSB, Consumer Product Safety Commission),local physicians, hospitals,law enforcement agencies,district attorneys,public defenders private attorneys,and insurance companies. The Coroner is also often a member of ambulance, fire department,area trauma councils,and emergency management boards. Coroners also provide learning opportunities for many agencies,which facilitates coordinated investigations. Schools and community organizations,as well as hospitals and nursing care facilities, also receive education about the role of the Coroner's Office. Coroners in Colorado have the opportunity to become Certified Death Investigators through the Colorado Coroner's Association. The"CCA"was formed in 1988 with the goal of providing continuing education for Colorado Coroners. Colorado Coroners take advantage of continuing education provided by the association's programs as well as numerous other training programs provided on the national level. CONCLUSIONS It must be remembered that the medical legal death investigation provided by the Coroner's Office provides the information by which decisions with large monetary issues are connected. These decisions could directly impact the county government particularly in areas of industrial accidents and deaths in custody. A mistake in the identification of a body cost an Alaskan county millions of dollars in the past. The job of the Coroner is not a job that can be taken lightly. PERSONNEL SERVICES Q Direct: 970-336-7220 i (970)356-4000 x4234 t FAX: Tenth Street (970)352-9019 915 Tenth Stre P.O. Box 758 Greeley, CO 80632 Wilkwww.co.weld.co.us COLORADO MEMORANDUM To: Jackie Johnson, Chair Weld County ChafieF�Committee From: Pat Persichino Date: August 2, 2001 Subject: Recruitment Procedures for Department Head Positions Outline of Procedures A. Review job description; update if needed B. Determine appropriate recruiting salary based on salary survey comparisons C. Determine applicant qualifications that are needed for recruitment 1 . Education 2. Experience 3. Special Licensing D. Depending on the position, recruitment would be either nation-wide or only within the State of Colorado E. Collection of resumes until closing date F. Personnel Services review of resumes after closing date G. Selection of top qualified applicants based on the desired qualifications H. Schedule interviews with top applicants, generally 3-6 applicants preferred I. Appointment of interview Board by BOCC (Members wanted in addition to BOCC) J. Interview board review of selected applicant resumes K. Compile list of questions to ask interviewees L. Interviews held using guidelines published by Personnel Services M. Board of County Commissioners makes final selection and appointment • Interoffice Memo $exipp_� .. r' To: Jackie Johnson, Chair Aga oy�tJ- Weld County Hom Rule Charter Amendment Study coca. __ • Committee From: Ed Jordan C Date: June 19, 200 Subject: Request for Comments Thank you for the opportunity to respond to the changes that have been proposed by the Charter Study Committee. Let me reiterate that I would also like a chance to respond orally, as I believe that I can better represent my position. As you are aware, I am under Term Limits, so my comments are based on the conditions that at most I have only 1 %2 years left in office. I believe the main issue is that of elected vs appointed offices. I am opposed to any attempt to appoint any of the current elected offices, most especially the Office of Sheriff. There are several reasons. First, the Office of Sheriff is one of the few offices across the United States that has held continuity in the history of our Country. The responsibility is enormous. Sheriffs have a responsibility to keep a jail, serve civil process, keep the peace and attend the courts. All of these duties have their foundation in the U.S. Constitution. Keeping the jail is a responsibility that balances an individuals right to Freedom, with that of public safety. The safe and secure housing of prisoners is important to our community for many reasons and must be done in a manner that considers the previously mentioned duties but also the interests of the families of those incarcerated. It is imperative that families know when an individual is incarcerated they will be held in a safe and fair environment. The sheriff must be responsible to the community for these responsibilities. Serving civil process is also very important and again must be done in a manner that has the interests of the community in the fore front. The citizens expect this process be done in a fair and unbiased manner, free from external pressures both political and from individuals who may want to influence the process. Civil process includes removing people from their homes, as well as seizing real or personal property to satisfy judgements. While the courts make the decisions and order the sheriff to take action, the manner of action must involve the community. Keeping the peace is a much broader duty. It includes with it the responsibility of independent and unbiased investigations into allegations of misconduct. This must be done in a manner acceptable to the public and free from external pressures. The sheriff is currently able to investigate any allegations of wrongdoing, including county government officials. This would not be the case if appointed by some other group. The Separation of Powers is a concept is rooted in the United States Constitution. A document that has served us well since its inception. Our founding fathers spent a great deal of time on the A freedoms given the citizens, especially in limiting government. The idea is to spread the power of government so that one group or arm of government does not get too powerful or abusive. As I understand the history, one of the main reasons for the current Home Rule Charter of Weld County was instituted to spread out the power of the County Commissioners. It was felt that three commissioners were not responding to the public sentiment. One influential person could influence the others. To look at a system where all the power of the County is placed with the Board of Commissioners would be improper. The current Charter gives the commissioners administrative and legislative power. Administrative authority exists in the departments created by the Charter and the commissioners oversee the day to day functions in those departments. Legislative authority exists for the entire County Government. Administrative authority over the elective offices is reserved to those elected to oversee those offices. I believe the current system maintains a proper checks and balances of our County Government. To say that appointed positions are more efficient is incorrect. I've watched this argument for years and I've observed many examples of inefficiency. I've seen City Governments be victims of fraud by employees. I've seen City Appointed Officials mis-appropriate funds. I've seen City Officials abuse authority. The average length of service for police chiefs across the U.S. today is said to be about 2 %years'. This does not speak highly for continuity of service and smacks of politics. According to Palo Alto, CA Attorney Robert Aaronson, who represents Police Chiefs around the Country, the number one reason a Police Chief is fired is they are too popular, or too visible based on his personal research. When I leave office, I plan to remain in this community. I want to be able to choose the people who represent me in these offices. Regarding Term Limits, I am not a big supporter of term limits. I believe that this allows citizens to become complacent, and not get involved in their government. Instead of term limits I would rather see an effort to get more people involved in the elective process. I do believe however that new blood is good for government. I also do not believe in limiting our ability to elect who we want by placing qualifications on the individuals. I would rather we would increase the pay so that we would have a wider range of individuals willing to run for office. I believe that individuals who work in the county should be able to run for office without taking a leave of absence. The exception would be for someone who works in an office that the incumbent is also running. This would be very disruptive for the office. If there were two employees in the office, and the incumbent were not running, the incumbent would be expected to maintain the office, and keep politics out. 'Donald Shinnamon, management studies for police departments, International Association of Police Chiefs, St. Petersburg Times Published September 24, 2000. To: Jackie Johnson From: Stanley F. Sessions Date: July 19, 2001 Subject: Request for Comments I appreciate the opportunity to respond to the Charter Commission concerning potential changes to the Weld County Charter. I have been a resident of Weld County for 25 years and have participated in government activities most of those years. I have had many friends and colleagues serve in county elected offices and have campaigned and lobbied and stayed in touch with national, state, county and city government over the years. I ran for the office of Weld County Assessor and was elected in Nov. 1998. Vast improvements in the assessment process have been made over the past 2 'h years because of my professional qualifications, leadership and management skills. The Assessor's Office is based in the Colorado State Constitution and belongs to the property owners of the county which elect the Assessor to carry out the responsibilities of the office. The Assessor is charged with the responsibility of discovery and placing a proper value on all real and taxable personal property for taxing purposes. This function is so close to the "grass roots" that I believe property owners should have their assessor accountable directly to them. I can find no reason why they would benefit by giving up their vote and placing the power in the hands of the County Commissioners to appoint a bureaucrat to manage the office. Property owners would have little recourse should they disagree with the appointee. The power to tax is one of the fundamental rights that the people reserve to themselves. In the case of the property tax, the citizens have defined what is fair and proper in the Colorado system. Indeed, in recent years, the people have spoken directly and forcefully with regard to the property tax, i.e. the 1992 TABOR amendment. The framers of our state constitution wisely set up a property tax system which provides direct accountability to the citizens via an elected assessor, who sets the property values, and elected taxing authority and commissions which levy and spend the taxes. In this way, the people assure that government only levies and spends that which the people believe to be fair and just. Direct accountability requires the elected official to consider the needs of all the citizens, not just an influential minority. The separation of powers in government is sacred to the American People and serves to protect our freedoms by keeping one governmental group from becoming too powerful. Does it make any sense to have the County Commissioners control the discovery and valuation of real and taxable personal property, conduct County Board Of Equalization Hearings, prepare the tax role, collect the tax money and spend it as well. To insure integrity in the property tax system, I believe the continued election of the County Assessor must continue. We must remember that the Charter and the subsequent County Council, among other issues, came about to reign in the acts of County Commissioners who believed they had powers they did not have. The appointment of any of the currently constituted elective offices is inappropriate and would only serve to concentrate power into fewer hands. I believe the voters will set the standard and qualifications for their elected officials and the County Commissioners and/or others should not. I also believe that term limits at the local level discourage younger qualified people from running for office and that coupled with Weld County's desire to set their salaries significantly below the salaries set by the State Legislature for non-home rule counties further discourages qualified candidates from seeking these positions. Older people who are retired or can retire once their two terms are completed can be attracted, but should we rely on this group to fill these offices? With an ever increasing reliance on sophisticated technology and the management skills that go with it, I believe we need a system that will attract the best and brightest candidates possible. I believe that county employees should be able to run for office without taking a non-paid leave of absence so long as the incumbent is term limited or has officially announced not to seek re- election. To do otherwise seems discriminatory and can cause the County to lose talented and experienced people. The sitting elected official has the responsibility to maintain proper order in the office should more than one employee choose to run at the same time. From: jmfolsom<jmfolsom@ecentral.com> \� To: CENTDOMAIN.CENTPOST(BTHOMAS) Date: 3/11/99 6:00am Subject: Amendments of Weld Co. Home Rule Charter 7050 Loma Linda Ct. Longmont Co 80504 303 833 2992 March 9, 1999 Weld County Council Greeley CO 80631 Subject:WELD COUNTY HOME RULE CHARTER; SUGGESTED AMENDMENTS Re: conflict of interest Dear Council Members: There follows text for suggested amendments to the Weld County Home Rule Charter. [1]Add to Conflict of Interest; Section 16-9[2j[cj:*Being it deemed a conflict of interest, no county officer, member of appointed board or commission,or employee of Weld County shall participate in the nomination of a person for elective office in Weld County government by circulating petition[s]for nomination to that office if the office for which that person would be nominated supervises or otherwise directs or controls that of the county officer, member of appointed board or commission,or employee'. The purpose of this amendment is to better ensure that the above named yam, county personnel would be supervised,directed and controlled by impartial persons dedicated to the interests of all the citizens of the County.There are constitutional questions regarding this amendment. It should be referred to the county attorney for an opinion, [2]Add to Elections; Sections 15-1 and 15-2; *No county officer,member of appointed board or commission,or employee of Weld County shall campaign for a candidate for any office through verbal or written means at any time during the hours that person is working for Weld County*. The purpose of this amendment is to better ensure that county government personnel does not engage in such non-work activities during working hours. Very truly yours, John S. Folsom PC:Weld BOCC PS: Please make this letter part of the record of the Council's next meeting, chartamd.doc WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 &TOW L.WITWER,JR. PATRICK M.GROOM R.SAM OLDENBURG GREELEY. CO 80631 TIMOTHY V.CLANCY JOHN J. BARRY JEFFREY T. BEDINGFIELD (970)352-3161 CHARLES A. KAROWSKY RETIRED JACQUELINE JOHNSON FACSIMILE(970)352-3165 SENDER'S EMAIL ADDRESS: JJOHNSON@WOBB-LLP.COM June 12, 2001 Mark Gray PO Box 155 Keenesburg, CO 80643 Re: Division of Duties for June 20, 2001 Meeting Dear Mark: At our meeting on June 6, 2001, we raised a variety of different issues to be discussed in the weeks to come. They include the following: 1. Term limits for elected officials; - 2. Whether the offices of Assessor, Clerk and Recorder, Coroner, Sheriff Treasurer should be elected or appointed; — 4 U 3. The setting of salaries for elected officials; 4. Qualifications and standards of performance for elected officials; 5. The employment status of county employees seeking elective office; 6. Changing the three-reading requirement for county ordinances; - 7. Changes related to the Colorado Election Code including: • defmition of"qualified elector" • recall provisions • referendum and initiative provisions; Whether referendum should be available in land use decisions; 9. Whether the Charter should require the County Council to provide due process procedures prior to removal of an elected officer who has been indicted; WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Mark Gray Page 2 June 12, 2001 f T\ !10. Mandatory redistricting following a census (C.R.S. §30-10-306(4)); 11. Changes related to Section 2-4 regarding service districts. /d.. Navy Ufe ewe,es t..-'r e kPd I believe it was our consensus that the full Committee be involved in discussions with respect to issues#1-4. A memorandum has been sent to all elected officials requesting their written input on or before June 20, 2001, as to any suggested amendments or areas of concern they may have about the Weld County Home Rule Charter. A copy of that memorandum is included for your reference. I would anticipate hearing from elected officials at the meetings on July 11th and July 18`h . Issues #5-11 appear to be well suited to discussion by subgroups, each of which can be staffed by a member of the County Attorney's office at our June 20,2001 meeting. Unless you have a different preference, we can divide our duties as follows: ho..z. Issues#6, 7 and 11 - Jim Anderson, Bill Hopkins and Jackie Johnson; --gpn Issues #5 and 9 -Bill Garcia, Mark Gray and Duane Kurtz; Dail Issues#8 and 10 - Chuck Carlson, Wade Carlson and Don Cummins. I am also enclosing a roster of committee members for your convenience. Please feel free to call me at 970-352-3161 if you have any comments or questions regarding this letter. Yours very truly, WITWER, OLDENBURG, BARRY& BEDINGFIELD, LLP Jacqueline Johnson vle Enclosurf s pc: 1/Bruce Barker Don Warden MEMORANDUM TO: Elected Officials and Department Heads FROM: Jackie Johnson, Chair Weld County Home Rule Charter Amendment Study Committee DATE: June 8,2001 SUBJECT: Request for Comments from Elected Officials The Board of County Commissioners has selected nine citizens to form the Weld County Home Rule Charter Amendment Study Committee. The Committee will study the Charter and make recommendations to the Commissioners regarding the need for possible amendments. Except for an amendment in 1995,the Charter has not been revised since 1988. The study is being undertaken in view of legislative,judicial, and philosophical changes over the last 12 years. Any proposed amendments to the Charter which are approved by the Commissioners will appear on the November general election ballot. Members of the committee are Jim Anderson, Chuck Carlson, Wade Carlson, Don Cummins,Bill Garcia, Mark Gray, Bill Hopkins, Duane Kurtz and me. We represent all areas of Weld County geographically and offer broad experience in County issues. The Amendment Study Committee wishes to solicit your input as to any suggested amendments or areas of concern you may have about the Weld County Home Rule Charter. Without limitation, the Committee desires to hear your thoughts regarding the following issues: whether the elected offices of Assessor, Clerk and Recorder, Coroner, Sheriff and Treasurer should be elected or appointed; if elected, whether such offices should be limited to two consecutive terms; if elected, whether such offices should each have qualifications or standards of performance associated with them; whether employees should be required to go on leave without pay if running for partisan public office. If you have suggested amendments or areas of concern with respect to these issues or any others, please send your written comments to the Committee specifying the concerns or suggested amendments. All written comments should be sent to the attention of Don Warden, Director of Finance and Administration and must be received no later than June 20, 2001. The Committee will meet again on June 20, 2001, to consider various technical changes to the Charter. The Committee will consider all elected official comments on July 11, 2001. If you have questions, please call me at (970) 352-3161, or Don Warden at (970) 356-4000, ext. 4200. I, for one, would like to keep the selection of our county officials in the hands of the voters where it belongs by electing rather than appointing the officials. Our officials should not be under the control of five commissioners, but need to be accountable only to the people who voted them into office. We have a strong grass roots political system in this county that needs to be protected, and that will not be accomplished by taking the election process out of the hands of the voters. While we'd like to think so, there is nothing to guarantee that we will always have qualified people of integrity on the board of commissioners, or for that matter, on the County Council. I'd rather have 20% of the registered voters determine who's qualified for the offices than five commissioners. 20% is still considerably more than five and gives a better representation of people, and, at the same time, keeps too much power out of the hands of a few. Voters do have the intelligence to determine who is the better qualified candidate. The selection of candidates for these offices should continue in the grass roots election process from the caucus to the assembly where everyone including the commissioners can have a voice. I think that this committee was wise in asking for and receiving input from the current elected officials two weeks ago; however, let's value and respect their opinions when they emphasize the probability of more • corruption from appointed officials than elected. Past history makes it quite apparent that officials could be and have been put under more pressure to grant favors when appointed as opposed to elected. It's obvious that other hired county employees are not in the same category or position to grant favors as are the appointed officials. Let's not disrespect our officials' experienced opinions.Officials elected by the people are accountable to the people and can be recalled by the people. That is still the best way to insure our political freedom and grass roots involvement. I'd also like to say that I believe requiring employees of the county to take a leave in order to run for public office, is placing an unfair financial burden on each candidate required to do so, as well as jeopardizing their careers. The charter should be revised to accommodate candidates that are county employees to retain their current positions. Term limits originally were intended to apply to the US Congress and possibly to state legislative members, not to county offices. I believe that our charter should be revised to eliminate term limits for all our county officials that are specialized in their jobs. Every four years the election process can address any unqualified or incompetent officials. Members to the County Commissioner Board are the only positions that should possibly have term limits in place. REMARKS OF ROBERT J. LOEW TO CHARTER COMMMITTEE Thank you for the opportunity to address this body, particularly over two issues that I have strong believes and opinions. Those issues concern the election of our present County Officials including the Sheriff, Treasurer, Clerk and Recorder and the Coroner. Also, I have come to believe that term limits not only do not serve the public interest,but injure it. First let me introduce myself. I am a lawyer who for the past three years has worked with a developer as a project manager for a 6300-acre industrial park. Since we are involved in securing entitlement for the property I have worked with five separate governmental agencies. That includes both elected and appointed officials. Prior to my present position I had five years experience working for an elected City Attorney in Los Angeles and eight years representing public employees in California. The primary area of my representation was in law enforcement, although I also represented fire and inspection personnel. I returned to Colorado in 1986, as a fourth generation Coloradoan, with the belief that the Weld County life style was terrific for raising a family. My wife teaches here and I still have roots in a family farm. Since returning to Colorado, I served as a City Attorney for one and a half years. Also, I was a County Attorney for eight years (the longest to serve in that capacity) for the fourth largest County in the State. I have served City Councils and Boards of County Commissioners of many different ideologies and political parties. I believe I know first hand the tension that exists between various elected officials and bodies. I also know what it is like to be appointed as opposed to the autonomy that being an elected official provides. ELECTED VERSUS APPOINTED The first issue I wish to discuss is the making our present elected officials appointed. The argument seems to be that Commissioners have somehow come to be better able to select who should represent the citizens than the citizens themselves. This belief creeps into the office holder's mind often the longer he or she is in office. It is part of what gave rise to term limits in the first instance. If the Commissioners truly believe that the public will be better served by appointed officials with the certain "qualifications", they should be the first to argue that their positions be made part time. Commissioners are elected without any particular expertise but then assign themselves to head various departments with which they have often had no previous exposure. If the Commissioners were part time, then "professionals" with "experience" could run social services, land planning, inspections, and the hundred other issues with which Counties are involved. I do not believe any of them hold that view and neither do I. I believe we elect our local officials for the values they bring to government. Appointed officials invariably bring values that are not community based but are based on their education and what is popular in their peer groups. We see this time and time again. An elected official will have a far different view of property rights than will a "professional" land planner. I heard in an earlier meeting that it was suggested that the elected officials under consideration are not "policy makers" and thus ought to be appointed rather than elected. That suggestion is both wrong legally and factually. The Supreme Court has made it clear that "policy makers" are those who set the policy for the governmental agency. Thus, the Sheriff is a policy maker when he decides when his officers can use deadly force; the Coroner when he determines when the immediate family can view a deceased family member; the Assessor when he determines the internal office policy of how to process the initial contacts for an appeal; the Treasurer when he decides what investments to make (which is subject to a cross check by the Commissioners) or not to make (which is not subject to review); and the Clerk and Recorder when she decides how many staff to allocate to processing license plates or the order in which request shall be handled. Virtually every area that these elected officials deals with impact the quality of government and the quality of life for the citizen. You can hire a Doctor to perform an autopsy but you cannot insure that he will have the common sense to let the family have early and respectful access to the deceased. Voters ought to have the opportunity to remove such non-thinking individuals rather than to rely on bureaucratic administrators and cumbersome personnel and judicial processes. Another related issue that has been raised involves discussion as to whether appointed officials or elected officials are more likely to bow to inappropriate pressure. Some members of this committee think the issue is one of integrity and others that there is no difference in "political pressure" in appointed versus elected positions. Let me assure you there is a difference in political pressure and that the elected official is better able to fend it off. As a Deputy working for an elected City Attorney, my boss and I were threatened if we pursued criminal prosecutions --me with the loss of my job and he with being voted out of office. It was relatively easy to ignore the threat because we could expose it and to remove one from elected office is not an easy thing. On the other hand, I was also threatened by an elected official of loss of my position for referring a matter for criminal investigation. In that instance the threat was far more credible and far easier for the official to carry out. Of course, I would have never been terminated for the referral but rather"management differences" or some hundred other real or imagined deficiencies. This phenomenon explains why Chiefs of Police only last an average of two and one-half years. If the purpose of this committee is to recommend a system that best serves the public, I believe that can only be done if we reserve to the voters the highest degree of control over their own destinies. It avoids the issue to ask, as one of the members has, "isn't the farmer well served by a Governor appointed individual to the Agricultural Commission of someone who is knowledgeable about the farmer?" Of course the farmer is, and it speaks well of the Governor in his selection. However, the real question ought to be, "over time, will the farmer be better off by his ability to elect persons to the Agricultural Commission or should he always have to rely on the good graces of a Governor who may not care about the farmer?" The Commission of course, has a different policy role than what we are discussing today. Some one complained about the low voter turn out and suggested that because of that we ought to appoint officials. That will teach us voters I guess. As for my part, I believe the low turn out speaks more of the general satisfaction with the current process. As a voter and someone who cares about our government I urge you to not tamper with the system. The system is not broke and you ought not to say that, as a result, "we'll fix that." Term Limits The last area I wish to make comment about is that of term limits. When term limits were first proposed I must admit I was ambivalent. There was a part of me that thought they might do some good in ridding the system of the arrogant elitist official who thought he knew better than the public he served. In fact none of that has occurred and the system in this area is "broke". I have seen a general degradation of responsiveness by elected officials who are term limited. It is human nature. Knowing their jobs are to end, they intellectually remove themselves from it. They attend fewer meeting and spend more time working to discover a transition. Some become "professional elected office holder" moving from one job to the other. Others simply lose interest and look for private sector opportunities. It is to be expected. I believe we would be far better served if we were permitted to return to office those individuals who are best suited for it without imposing artificial bathers. As voters, it is our responsibility to replace those who do not represent our interests well. Yes, the incumbent has an advantage but it can be overcome when he crosses the line. We can vote him out of office. Thank you for the opportunity to submit my thoughts on this matter. I have many anecdotal experiences to further illustrate the positions I have set forth. I would be happy to share them with this Committee either individually or collectively if you desire. Again, thank you for your time and your involvement. Irv„ -_ People of this county ask themselves, W hats the deal here with Weld county.laws? Why are laws broken and not enforced? How can people rewrite bills that have been passed through the House and through Senate, Signed into law by the Govener of the State of Colorado. These very same bills come to Weld County and get rewritten and are aloud to do so by our home Rule Law s. They are Changed buy any one who does not like that law because it will effect their department. When Heads of Certain departments can rewrite State and Federal laws because they don't like them, allowed to have them rewritten to their standard Who's Standards are they going buy. Surely it is Not the State of Colorado's. They don't want any one to make them accountable and that would mean they can not continue to carry out their terrene on the people of Weld county When you take document's to the officials that there is some thing wrong about the laws that are not being followed here. Watch Out After spending many days and Years testifying at the State Capitol for many Parentes being Falsly Acussed and confronting the public officials in this County that this type of thing was and is still going on in Weld county. You only to get the rath . Weld County Officials can't have some one telling the truth About what is going on here. . We Will not have the State of Colorado telling us what to do this has become their attitude (Home Rule County has got to go ). This is America and It is time to see Home Rule Gets the Boot. .We need public officials who are able to do their jobs and be able to gain and to get the confidence of the public. They must gain the trust that if some thing is wrong and it is brought to their attention that their will be a full investigation done. The public has got to know that those who have broken the law will be brought to Justis. Accountability will be a must and the primary goal to gain the public's trust. Previous County Official (Commissioners) no exactly what I'm talking about . State Senators have made public comments (we should all be thank full that we do not live in Weld County). Why must they sit day's and months making laws for the State of Colorado to have them rewritten Our Court houses need to be cleaned out of those who have been in violation of laws knowing that they were protected buy the home rule laws. It is time to get Accountability .We must make Weld County A good place to raise a Family and not live in fear of being Falsly acussed and Feel safe knowing that there is a place to go and That the laws of Colorado will be enforced and those they have voted for as Officials and officials know that they will be able to do their jobs . I don't know any one who lives here in Weld County who feels that they can trust our Government. We need a change. There are many Who have Got to go. Why must the Public live in constant fear knowing that there is no Accountability. Is their Justis or must we all live in fear. Hello