HomeMy WebLinkAbout850824.tiff B 1064 REC
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F 1983 MARY 0ANN SFEUERSTEIN/CLERK I&3RECORDER WELD CO 0CO
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THIRD READING
O F
HOME RULE CHARTER
F O R
WELD C O U N T Y, COLORADO
Presented to the County Commissioners
July 2 , 1975
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F 1984 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AMENDMENTS
1. Article V, Section 2 . . . . 32
Effective date - January 1 , 1979
2 . Article XIV, Section 14-9 (5) 59
Effective date - January 1 , 1985
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PREAMBLE vi
ARTICLE I -- NAME, NATURE, BOUNDARIES, COUNTY SEAT 1
Section
1 Name 1
2 Nature and Legal Capacity 1
3 Boundaries 1
4 County Seat 1
ARTICLE II -- COUNTY POWERS 2
Section
1 General Powers 2
2 Exercise of Power 2
3 Cooperative Agreements 3
4 Service Districts 3
5 Construction A.
ARTICLE III -- BOARD OF COUNTY COMMISSIONERS 5
Section
1 Composition 5
2 Districts 5
3 Qualifications of Members 6
4 Terms of Office 6
5 Chairman of the Board of County Commissioners . . . 6
6 Commissioner -- Departments 7
7 Clerk to the Board 7
8 Powers and Duties 7
9 Compensation 11
10 Rules of Procedure 12
11 Meetings 12
12 Quorum 13
13 Majority Required 13
14 Ordinances 13
15 Vacancies 16
ARTICLE IV -- DEPARTMENTS OF COUNTY GOVERNMENT 17
Section
1 Departments Created 17
2 Department of Finance, Central Purchasing,
and Personnel 18
3 Department of Health Services 23
4 Department of Planning Services 26
5 Department of Engineering Services 30
6 Department of Communications Services 31
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ARTICLE V -- DEPARTMENT OF LAW 32
Section
1 County Attorney -- Appointment 32
2 Qualifications 32
3 Duties 32
4 Special Counsel 33
ARTICLE VI -- ELECTIVE OFFICERS 34
Section
1 Elective Officers 34
2 Oath of Office 34
3 Vacancy 34
4 Term of Office 35
5 Qualifications 35
6 Compensation 35
ARTICLE VII -- COUNTY ASSESSOR 36
Section
1 Bond 36
2 Duties 36
3 Qualifications of Chief Deputy 37
ARTICLE VIII -- COUNTY CLERK 38
Section
1 Bond 38
2 Duties 38
ARTICLE IX -- COUNTY CORONER 39
Section
1 Duties 39
ARTICLE X -- COUNTY SHERIFF 40
Section
1 Qualifications 40
2 Bond 40
3 Duties 40
4 Qualifications of Undersheriff 41
5 Duties of Undersheriff 41
6 Jailer -- County not Furnish Residence 42
ARTICLE XI -- COUNTY TREASURER 43
Section
1 Bond 43
2 Duties 43
3 Qualifications of Chief Deputy 44
4 Investment of Funds 44
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ARTICLE XII -- OFFICE OF COUNTY SURVEYOR ABOLISHED 45
Section
1 Office of County Surveyor Abolished 45
2 Transfer of Duties 45
3 Existing Property and Records 45
ARTICLE XIII -- COUNTY COUNCIL 46
Section
1 Composition 46
2 Qualifications of Members 46
3 Terms of Office 46
4 Organization 47
5 Quorum -- Majority -- Action 47
6 Compensation 48
7 Vacancies 48
8 Powers and Duties 48
9 Nomination of Councilmen 51
ARTICLE XIV -- FINANCE AND BUDGET 54
Section
1 Fiscal Year 54
2 Annual Budget 54
3 Capital Improvements Program and Budget 55
4 Audits 55
5 Funds 56
6 Long-Term Financing 56
7 Limitation on Annual Tax Levy 56
8 Limitation of Capital Expenditures 58
9 Bidding -- Procedure 58
ARTICLE XV -- ELECTIONS 60
Section
1 General Elections 60
2 Special Elections 60
3 Recall 60
4 Initiative and Referendum 63
ARTICLE XVI -- GENERAL PROVISIONS 68
Section
1 Continuity of Government 68
2 Eminent Domain 68
3 Bonding of Officers 68
4 Invalidity of Part -- Severability 69
5 Article and Section Titles 69
6 Public Notice 69
7 Vacancy 70
8 Boards -- Composition 70
9 Conflict of Interest 71
10 Definitions 72
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ARTICLE XVII -- AMENDMENTS TO CHARTER 76
Section
1 Procedure to Amend or Repeal Charter 76
2 Conflicting Amendments , 77
ARTICLE XVIII -- TRANSITIONAL PROVISIONS 78
Section
1 Purpose of Article 78
2 Effective Date of Charter 78
3 Transition of Elective County Offices 78
4 Elections to Fill New Commissioner Positions . . . 79
5 Elections to Fill New County Councilman Positions. 79
6 Salaries , 80
7 Prior Legislation and Policies , 80
8 Existing Contracts 80
9 Continuation of Employment 81
10 Appointive Boards and Commissions , 81
11 Continuation of Programs , 81
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F 1989 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PREAMBLE
We, the people of Weld County, Colorado, in order to avail
ourselves of self-determination in county affairs to the fullest
extent permissible under the Constitution and laws of the State of
Colorado, and in order to provide uncomplicated, unburdensome
government responsive to the people, and in order to provide for
the most efficient and effective county government possible, do
hereby ordain, establish and adopt this Home Rule Charter for Weld
County, Colorado.
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ARTICLE I
NAME, NATURE, BOUNDARIES, COUNTY SEAT
Section 1-1 -- Name.
The name of the county as it operates under this Charter
shall continue to be Weld County.
Section 1-2 -- Nature and Legal Capacity.
From the time that this Charter takes effect the County shall
continue to be:
(1) an agency of the State and
(2) a body politic and corporate.
Section 1-3 -- Boundaries.
The boundaries of the County as it operates under this
Charter shall be the boundaries now or hereafter prescribed for
the County by the laws of the State.
Section 1-4 -- County Seat.
The seat of government of the County as it operates under
this Charter shall continue to be in the City of Greeley; provided
nothing herein shall prevent the location of county buildings and
facilities elsewhere in the County.
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ARTICLE II
COUNTY POWERS
Section 2-1 -- General Powers.
Except as this Charter provides to the contrary, Weld County
shall exercise and provide all mandatory and permissive county
powers and functions as provided by law and shall have all rights
and powers now or hereafter granted or allowed by the laws of the
United States and under the Constitution and laws of the State of
Colorado for exercise by counties; in addition thereto, it shall
be authorized without amendment to this Charter to provide all
functions , services, and facilities and to exercise all
prerogatives, functions , duties , and powers that may now or
hereafter be authorized by the Constitution of the State of
Colorado and statutes enacted pursuant thereto for home rule
counties , it being the intent and purpose of the people in
adopting this Charter to vest their county government with all of
the prerogatives and powers of local government that are now or in
the future shall be available to it.
Section 2-2 -- Exercise of Power.
All executive, administrative, and legislative powers ,
functions , duties and prerogatives now or hereafter possessed by
Weld County shall be vested in a Board of County Commissioners in
the Elective Officers provided for by this Charter. Executive and
administrative powers, hereby vested in the Board may, to the
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extent provided in this Charter, he exercised by the departments
herein established as agents of the Board. The legislative powers
of the County shall be exercised only by the Board.
Section 2-3 -- Cooperative Agreements.
The County shall have the power to enter into contracts or
agreements with other governmental units for joint use of
buildings , equipment and facilities, and for furnishing and
receiving commodities or services , including law enforcement
services. Such agreements or contracts shall be authorized only
by the Board of County Commissioners.
Section 2-4 -- Service Districts.
The County shall have the power, when authorized and
permitted by law, and requested by a district, to provide
functions and services within existing service districts. New
service districts may be created only after the purpose and
boundaries of such district have been submitted to and approved by
a majority of those voting electors living in and owning property
in the district. The procedure for designating and establishing
special districts and submitting the question to the voters shall
be established by the Board.
Special districts may be created under such laws as are now
in effect or may hereafter be adopted.
The County shall have the power to charge, levy and collect
such taxes and other revenues as may be authorized or permitted by
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law or this Charter within such service districts for the support
of district functions and services.
Section 2-5 -- Construction.
In this Charter no mention of a particular power or
enumeration of similar powers shall be construed to be exclusive
or to restrict the authority that the County would have if the
particular power were not mentioned or the similar powers not
enumerated. The Charter shall be liberally construed, to the end
that, within the limits imposed by the Charter and by the law of
the United States and of the State, the County has all powers
necessary or convenient for the conduct of its affairs , including
all powers that counties may assume under the statutes of the
State and under the provisions of the State Constitution
concerning county home rule.
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ARTICLE III
BOARD OF COUNTY COMMISSIONERS
Section 3-1 -- Composition.
The Board of County Commissioners shall consist of five
members elected as follows:
(1) Three members , each nominated, elected and residing in
separate geographic districts as established in Section 3-2 of
this Article.
(2) Two members, each nominated and elected from the County
at large.
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.
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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 3-4 -- Terms of Office.
(1) The terms of office of County Commissioners shall
commence on the first working day of the year immediately
following the general election at which they are elected and shall
be for four years, with terms staggered as follows : Two
Commissioners , one each from geographic districts numbered one and
three and one Commissioner elected at large, shall be elected for
four-year terms at the general election in 1976 and each four (4)
years thereafter; and one Commissioner for geographic district
number two and one Commissioner elected at large shall be elected
for a four (4) year term at the general election in 1978 and each
four (4) years thereafter.
(2) The term of office of a Commissioner shall continue
until his successor is elected and qualified.
(3) No person shall serve more than two full consecutive
terms as County Commissioner.
Section 3-5 -- Chairman of the Board of County Commissioners .
(1) The Board, from among its members, shall elect annually
at its first meeting in January of each year, a Chairman of the
Board.
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(2) The Chairman shall preside over meetings of the Board.
(3) The Board, from among its members, shall elect annually
at its first meeting in January of each year, a Chairman Pro-Tem,
to preside over meetings in the absence of the Chairman.
Section 3-6 -- Commissioner -- Departments.
(1) The Department of Finance, Central Purchasing, and
Personnel shall be coordinated by the Chairman of the Board of
County Commissioners.
(2) Each of the other four major departments, as established
by Article IV, shall be coordinated by one of the other
Commissioners together with assistance from another Commissioner,
both of whom shall be appointed by the Board at its first meeting
in January each year.
Section 3-7 -- Clerk to the Board.
(1) The Clerk to the Board shall be the County Clerk.
(2) The Clerk shall be custodian of the County seal; shall
maintain a journal of Board proceedings; record all motions;
resolutions; actions of and votes by the Board; shall be the agent
of the County for service of process; and shall perform such other
duties as are now or may hereafter be prescribed by law for Clerks
of Boards of County Commissioners or by this Charter.
Section 3-8 -- Powers and Duties.
(1) The Board of County Commissioners shall be the governing
body of the County. It shall exercise all the powers and perform
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all the duties now required or permitted or that may hereafter be
required or permitted by State law to be exercised or performed by
County Commissioners in either home rule or non-home rule
counties.
(2) It shall exercise all powers of the County to determine
policy and to enact legislation.
(3) It shall be responsible for the proper exercise by the
County departments and other agencies established by this Charter
or by the Board for all executive and administrative powers and
duties delegated thereto.
(4) Without limiting the generality of the foregoing or
diminishing the total authority and responsibility of the Board as
herein provided, the powers and duties of the Board shall include
duties and powers to:
(a) Perform or provide for the performance of any
duties and responsibilities required by statute or the
Constitution of Colorado of County Commissioners in home rule
counties and non-home rule counties.
(b) Enact legislation including such means of
enforcement thereof as shall be authorized by law, and
otherwise formally promulgate county policy. Unless
otherwise required by statute , the Board shall act only by
ordinance in matters of legislation, contracts,
appropriations , and disposition of real property, and by
ordinance, resolution or motion , as may be appropriate, in
other matters.
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(c) Appoint, remove and establish qualifications of
department heads , and through them, direct the functions of
county offices, departments, divisions and agencies.
(d) Appoint and remove the County Attorney, pursuant to
Section 5-1 of this Charter, and retain such other
professional advisors as the Board may deem necessary.
(e) Adopt an administrative code.
(f) Develop, or cause to be developed, a system of
employment policies, rules, job classification and
compensation plans in accordance with generally accepted
principles and promulgate such policies, rules and plans,
under the authority of and in compliance with the provisions
of pertinent Colorado and Federal statutes and this Charter.
(g) Initiate suits or actions on behalf of the County.
(h) Create such agencies, boards and commissions as the
Board may deem necessary or as may be required by State law,
and appoint the members thereof. The action creating an
agency, board or commission shall also set forth
compensation, duties , and responsibilities as well as any
qualifications and conditions of service . The Board may
designate itself to perform the functions and exercise the
process of any such board or commission, unless prohibited by
State law or this Charter.
(i) Appropriate funds for all lawful purposes.
(j) Establish and levy taxes , charges , fees and
licenses .
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(k) Regulate , license, and tax utilities to the extent
permitted by law.
(1) Purchase or otherwise acquire, hold, own, sell,
trade , transfer, divide, lease , encumber, or reserve interest
in real and personal property, and receive gifts and grants,
in the name of the County.
(m) Approve and execute, on behalf of the County, all
contracts. Contracts shall be executed for the Board by the
Chairman.
(n) Act as a Board of Appeals to hear complaints on
actions taken by county boards, commissions and departments .
Procedure for appeals shall be as set forth in the
administrative code, or by resolution of the Board. No
person shall be denied the right to appeal, provided they
comply with the administrative procedures established by the
Board.
(o) Establish salaries or other compensation for the
County Attorney, Assistant County Attorneys , and all other
employees , or appointees not included within the Personnel
system.
(p) Provide for reimbursement of actual expenses of
food, travel , and lodging necessary for performance of the
duties of a County Commissioner, County Councilman, county
officer, county employee , or member of an appointed board or
commission.
(q) Authorize multi-jurisdictional performance of
duties and functions with other units of government, and,
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under procedures provided by law, cause the County to be
included within such districts consisting of two or more
counties or parts thereof as may be authorized or provided by
law for the joint performance of county functions or the
performance of regional functions .
(r) Establish a municipal conference to be called by
the Board of County Commissioners not less than three times
each year to which all municipal officials shall be invited
and appropriate agendas developed in order that mutual
problems be considered.
(s) Require that all inspections of whatever type made
by county officers or employees be made promptly and without
unreasonable delay.
(t) Perform or exercise, or provide for the performance
or exercise of, any or all permissive functions, services,
facilities and powers that may now or in the future be
authorized by law and not specifically mentioned or assigned
by this Charter. The Board shall perform or assign any
mandatory duty, responsibility or function required of the
County by the laws or Constitution of the State, which may
have been omitted in this Charter.
Section 3-9 -- Compensation.
(1) Compensation of members of the Board shall be fixed by
the County Council .
(2) No member' s compensation shall be increased or decreased
during his term of office , except as permitted by law.
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(3) Until otherwise set, the salary of the members of the
Board shall be: Commissioners of districts 1 and 3 , $10 ,000 .00 ;
and Commissioner of district 2 and Commissioners at large,
$15 ,000 .00 per year.
Section 3-10 -- Rules of Procedure.
The Board shall adopt rules of procedure governing the time,
place , and conduct of its meetings and hearings , and the
introduction of and action on motions, resolutions and ordinances.
The Board may also adopt procedures for requiring attendance of
its members . All official meetings shall be open to the public,
and no action shall be taken by the Board other than at an
official meeting. A record of proceedings shall be taken and
preserved, and it shall be a public record.
Section 3-11 -- Meetings.
(1) Regular Board meetings shall be held at least twice
weekly on days to be determined by the Board by resolution, except
a regular meeting may be cancelled; however, by resolution of the
Board passed and publicly announced at least ten (10) days prior
to the cancelled meeting date.
(2) Special meetings shall be called by the Clerk upon the
written request of the Chairman or of any three (3) members of the
Board. Each member of the Board shall be provided at least
twenty-four hours written notice of such meeting, served
personally or left at each members usual place of residence.
However, a special meeting called as herein provided may be held
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on shorter notice if all members of the Board are present or have
waived notice thereof in writing. A copy of the notice of a
special meeting shall be posted in a conspicuous place in the
offices of the Board at the time such notice is given to members
of the Board. No business shall be transacted at a special
meeting unless the same has been stated in the notice of such
meeting.
(3) When a regular or special meeting is adjourned or
recessed to a time certain, notice of the time and place of the
reconvening thereof shall be posted in a prominent place in the
offices of the Board.
Section 3-12 -- Quorum.
Three of the members of the Board in office at the time shall
be a quorum for the transaction of business.
Section 3-13 -- Majority Required.
Any resolution or ordinance to be adopted, amended, or
repealed, shall require concurrence of three of the members of the
Board in office at the time.
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,
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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 he 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 he: "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
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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 shall attest to
all ordinances approved by the Board. All ordinances of the
County shall be indexed by subject by the Clerk 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.
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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.
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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.
(2) The Chairman of the Board of County Commissioners shall
be responsible for coordination of the Department of Finance,
Central Purchasing, and Personnel.
(3) The coordinator of each of the other departments shall
be the responsibility of one of the other Commissioners.
(4) Except as otherwise provided in this Charter, each
department or division may be administered by a director, or
directors appointed by the Board of County Commissioners, and
subject to the immediate coordination of the Commissioner
responsible for the department. Each director shall be
responsible within his department, subject to the approval of the
Board and the regulations of the Personnel system, for the
appointment, promotion, discipline and discharge of employees of
that department. Responsibility for coordinating the Departments
of Health Services , Planning ' Services, Engineering Services, and
Communications Services shall be rotated annually.
(5) Each department may be divided into as many divisions as
the Board of County Commissioners may determine to be necessary or
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desirable. Each division may be headed by one person responsible
directly to the department director.
(6) Nothing herein shall prevent the appointment of one
person as head of more than one division.
(7) Nothing herein shall apply to the Department of Law.
(8) The Board shall organize and may reorganize the
departments established by this Charter, and assign or reassign
functions and duties between departments and divisions , and may
create additional divisions.
(9) In case of reorganization or reassignment, there shall
not be more than five departments at any time (not including the
Department of Law) including the Department of Finance, Central
Purchasing, and Personnel.
Section 4-2 -- Department of Finance, Central Purchasing, and Personnel.
(A) The Division of Finance and Central Purchasing shall:
(1) With the assistance of the elected officials and
department directors , gather together the information
necessary for the preparation of the budget, and in such form
as the Board directs, prepare a preliminary draft of the
budget for the next fiscal year and submit it to the Board by
such date as the Board may direct. Such preliminary draft
shall include recommended operating expenses, capital
expenditures, and revenue sources for all departments and
units of the County government, and any other information
deemed necessary.
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(2) Prepare monthly financial statements , budget and
appropriation reports as directed.
(3) Assist the Board in administration of the budget
and in preparation of appropriation ordinances .
(4) Establish, maintain and operate the Central
Purchasing Office for the County. Responsibilities of the
Purchasing Office shall include the purchase, storage and
distribution of supplies, materials, property, equipment and
inventory pursuant to policies and procedures established by
the Board and in accordance with this Charter and the laws of
the State.
(5) Exercise such additional powers and perform such
additional functions and duties as may be required by the
Board.
(6) The Division of Finance and Central Purchasing
shall be under the direction of a Finance Officer whose
duties shall include the following:
(a) The County Finance Officer shall on behalf of
the Board of County Commissioners act as Chief
Accounting Officer of the County and manage, supervise,
coordinate and direct the activities of the Division of
Finance and Central Purchasing. He shall be responsible
to the Board of 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
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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.
(B) 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
20
classification and pay plan which shall from time to
time be reviewed and amended by the Board as necessary.
(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.
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(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.
c (5) No county employee shall lose any vested retirement
rn o benefits by reason of any change in retirement plans .
ca (6) Elected officials shall make appointments to fill
oW
o vacancies in their departments from a list of names certified
o a
oby the Personnel Department to be qualified for the position
to be filled. The elected official may interview each
person
a
on the list and examine the qualifications and shall have the
•• w
~ a authority to reject all persons on the list, whereupon the
Ana
co (j Personnel Department shall certify a new list.
oz
H Elected officials shall have direct authority over the
v
a employees in their respective offices pursuant to the County
r �
N w Personnel Policies, rules, regulations, job classification
o z and compensation plans.
N
0
u z (7) All employees of the County shall be included
w �
x within the provisions of the Personnel system, except the
0 o Board may, in its discretion, exclude the employees of
ti N
Mw 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.
22
(a) The number of members, term, and
qualifications of the appeals board shall be set forth
by the Personnel Policies, rules and regulations.
03 o (b) The procedures for appeal shall be outlined in
0 o the Personnel Policies, rules and regulations.
M
a (C) The Department of Finance, Central Purchasing, and
0 Personnel shall contain such other divisions as may from time to
o rz
urW time be established by the Board, and shall perform such functions
and duties as may from time to time be assigned or reassigned to
M it.
.. W
rt
rlx
ai
W
Section 4-3 -- Department of Health Services .
o H (A) Division of Public Health.
444E4
O (1) The Director of Public Health shall he appointed by
Nalthe Board upon consultation with the Board of Health.
o z (2) The Director of Public Health shall:
N FCC
a (a) Have all powers and duties now provided or as
hereafter
provided by State law for health departments
N
1/4O in Colorado.
OO
N
Pi (b) Direct supervision of the Environmental Health
Services .
(c) Cooperate and work jointly with the
Commissioner assigned to the Department of Health
Services on all county health related activities.
(d) Make recommendations to the Board for the
purpose of helping to eliminate and avoid the
duplication of services in county health related areas .
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(e) Evaluate all health programs that affect Weld
County.
(f) Cooperate with the Commissioner assigned to
the Department of Health Services , in order to plan,
cooperate and contract with other county health agencies
so that all programs benefit from the combined use of
facilities and staff.
(g) Work with regional, state and federal
authorities relating to public health programs in Weld
County.
(h) Report at least annually to the Board on all
matters set forth above.
(i) Perform such functions and duties as the Board
shall direct.
(3) The Board of County Commissioners shall appoint a
Board of Public Health consisting of nine persons . Such
board shall be chosen as follows :
(a) The Board of County Commissioners shall
determine six geographic areas and appoint one member
from each of the geographic areas. Each member shall
reside within the geographic area for which he is
appointed at the time of his appointment and during his
term.
(b) Three members shall be appointed from the
County at large.
(c) The geographic boundaries may be adjusted from
time to time by the Board of County Commissioners.
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(d) The term of office shall be for three years,
said terms to be staggered so that two members from
geographic areas and one member at large are appointed
each year. The Board of Commissioners shall make the
initial appointments for one, two and three years, in
order to initiate the staggered terms. No person shall
serve more than two consecutive terms as a member.
(4) The Board of Public Health shall adopt by-laws
which shall state the purposes of the Board and shall at
least:
(a) Provide for the selection of its officers, and
for appointment of standing and special committees
necessary to effect the discharge of its
responsibilities.
(b) Provide for the adoption of a schedule of
meetings and attendance requirements.
(c) Require that minutes be kept of the Board of
Public Health deliberations and decisions.
(d) Require five members constitute a quorum.
(e) Provide for studying county health programs
and direct their implementation in cooperation with the
Director of Public Health and the Board of County
Commissioners.
(B) Hospital Division.
(1) Except as provided herein, the administration of
Weld County General Hospital shall remain as provided by law
and the rules and regulations of the Board of Trustees, and
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they shall be directly responsible to the Board of County
Commissioners .
(2) Members of the Hospital Board of Trustees shall be
appointed for three-year terms and no person shall serve more
than two consecutive terms.
(3) The County Attorney shall represent and advise the
Board of Trustees .
(C) Other Divisions.
The Department of Health Services 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 4-4 -- Department of Planning Services .
(A) Division of Planning, Zoning and Inspection.
(1) A director of the Department of Planning Services
shall be appointed by the Board upon consultation with the
Planning Commission.
(2) The Director of Planning Services shall:
(a) Be responsible for the administration and
coordination of the Planning, Zoning and Inspection
Divisions .
(b) Subject to rules and regulations promulgated
by the Planning Commission:
(i) supervise the issuance of all building
permits.
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(ii) direct and coordinate the activities of
the building, electrical and plumbing inspections .
(c) Coordinate activities between the Board of
Adjustment and the Planning Commission and provide the
necessary liaison personnel to work with the Board of
Adjustment.
(d) Coordinate the activities assigned to the
Planning Commission affecting the County in connection
with the Regional Council of Governments.
(e) Be responsible for planning and coordinating
of all county parks and recreational facilities.
(f) Perform such functions and duties as the Board
shall direct.
(3) The Board of County Commissioners shall appoint a
Planning Commission consisting of nine persons . Such
commission shall be chosen as follows :
(a) The Board of County Commissioners shall
determine six geographic areas and appoint one member
from each of the geographic areas. Each member shall
reside within the geographic area for which he is
appointed at the time of his appointment and during his
term.
(b) Three members shall be appointed from the
County at large.
(c) The geographic boundaries may be adjusted from
time to time by the Board of County Commissioners.
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(d) The term of office shall be for three years,
said terms to be staggered so that two members from each
geographic area and one member at large are appointed
each year. The Board of County Commissioners shall make
the initial appointments for one, two and three years,
in order to initiate the staggered term. No person
shall serve more than two consecutive terms as a member.
(4) The Planning Commission:
(a) Shall act and decide on all petitions and
applications submitted to it pursuant to law or
regulation.
(b) Shall perform such functions and duties as
shall be provided by law and as shall be directed by the
Board.
(c) All decisions of the Planning Commission shall
be subject to appeal and review by the Board in
accordance with State law and the rules and regulations
established by the Board.
(d) Applications for re-zoning shall be referred
to the Board in accordance with the State law and the
rules and regulations of the Board.
(e) No utility transmission system shall be
constructed until the entity developing such system
shall have made application to the Weld County Planning
Commission pursuant to the rules and regulations of the
Planning Commission and until such utility system has
been approved by the Board. Prior acquisition of
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utility transmission easements and rights-of-way shall
not be considered by the Planning Commission or Board.
(f) The Planning Commission shall establish rules
and regulations covering applications for utility
transmission easement systems and hearings thereon. The
application shall include all information required by
the Board including environmental and economic impact
statements.
(g) The Planning Commission shall make its
recommendation to the Board as to whether an application
for a transmission utility system should he granted or
denied and the Board shall make a final determination.
(5) The Planning Commission shall adopt by-laws which
shall state the purposes of the Commission and shall at
least:
(a) Provide for the selection of its officers , and
for appointment of standing and special committees
necessary to effect the discharge of its
responsibilities.
(b) Provide for the adoption of a schedule of
meetings, including at least one meeting per month, and
attendance requirements.
(c) Require that minutes be kept of the Planning
Commission deliberations and decisions .
(d) Require five members to constitute a quorum.
(B) Board of Adjustment.
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The Board of Adjustment shall consist of nine members,
appointed in the same manner and for the same terms as the
Planning Commission. The Board of Adjustment will perform
such functions and duties as are provided by law.
(C) The Department of Planning Services.
The Department of Planning Services 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 4-5 -- Department of Engineering Services.
(1) The Board of County Commissioners shall appoint the
director of the Department of Engineering who may be known as the
County Engineer. The County Engineer shall be licensed, or shall
he eligible for license , as a registered professional engineer in
the State of Colorado.
(2) The County Engineer shall exercise all of the powers and
perform all the acts and duties now required or that may hereafter
be required by State law to be exercised or performed by the
County Surveyor.
(3) The County Engineer shall perform such functions and
duties as the Board shall direct.
(4) The Department of Engineering shall contain such
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.
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Section 4-6 -- Department of Communications Services.
(1) The Board of County Commissioners shall appoint the
director of the Department of Communications Services .
(2) The Director of Communications Services shall perform
such functions and duties as the Board shall direct.
(3) There may be a division of Extension Service.
The County Agent shall perform such functions as are provided
by law or as requested by the Board, which may include the 4-H
programs.
(4) The Department of Communications Services shall contain
such 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.
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ARTICLE V
DEPARTMENT OF LAW
Section 5-1 -- County Attorney -- Appointment.
(1) There shall be a Department of Law, the director of
which shall be known as the County Attorney. He shall be
appointed by the Board for an indefinite term and his employment
may be terminated by majority vote of the Board.
(2) The office of County Attorney shall be the primary
employment of the County Attorney and he shall have no other
employment as an attorney.
(3) The Board may appoint such Assistant County Attorneys as
it deems necessary subject to the same term and limitations as the
County Attorney.
Section 5-2 -- Qualifications.
The County Attorney shall be a resident of the County of Weld
and a duly licensed attorney for the State of Colorado for at
least five (5) years immediately prior to his appointment, and
shall have been actively engaged in the practice of law during
such five years.
Section 5-3 -- Duties.
(1) The Department of Law shall exercise all legal and
administrative functions of the County government assigned by law
or the Board to the County Attorney.
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(2) The County Attorney shall act as legal advisor for the
Board and all departments and divisions of county government.
(3) The County Attorney shall, upon request of elective
county officers, issue formal written opinions on questions of
law, which shall be maintained by the County as public documents.
(4) When directed by the Board, the County Attorney shall
represent the County, county officers , county employees , and
appointed boards and commissions and their members in suits ,
actions and other legal proceedings.
(5) In the event of conflict between the Board and any other
county officer, such county officer shall be represented by the
Weld County District Attorney.
Section 5-4 -- Special Counsel.
The Board may appoint special counsel for the purpose of
making investigations and representing the County in suits by and
against the County, its officers, or its agencies. Employment of
special counsel shall be by written contract which shall set forth
the purpose and terms of employment and compensation therefore.
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ARTICLE VI
ELECTIVE OFFICERS
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, who shall be Clerk of the Board of County Commissioners;
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.
Section 6-2 -- Oath of Office.
Before entering upon the duties of his office, every officer
designated by this Charter shall take , subscribe, and file with
the County Clerk, an oath or affirmation that he will support the
Constitution of the United States , the Constitution of the State
of Colorado, this Charter and the ordinances of the County of
Weld, Colorado, and will faithfully perform the duties of this
office.
Section 6-3 -- Vacancy.
Vacancies in elective offices, except County Commissioners
and County Councilmen, shall be filed by the Board as provided by
this Charter.
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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.
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 and the Coroner, each
county office shall be the primary employment of the officer
during the term for which he is elected or appointed.
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.
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ARTICLE VII
COUNTY ASSESSOR
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Section 7-1 -- Bond.
The County Assessor shall execute to the people of the State
of Colorado, and file in the office of the County Clerk, a bond,
as provided by this Charter and approved by the Board. The
sureties shall be responsible for the acts of the County Assessor
and his deputies.
Section 7-2 -- Duties.
(1) The County Assessor shall appoint a Chief Deputy to act
in his absence, disability, or in case of a vacancy in the office,
and such Chief Deputy shall perform all the duties of County
Assessor during such absence or until such vacancy shall be
filled.
(2) The County Assessor may appoint such other deputies as
may be necessary or required to carry out the duties of the
office.
(3) The County Assessor shall exercise all of the powers and
perform all the acts and duties now required or that may hereafter
be required by State law to be exercised or performed by the
County Assessor.
(4) The County Assessor may exercise those discretionary
county functions and powers, and provide such services and
facilities as may be authorized by law.
36
Section 7-3 -- Qualifications of Chief Deputy.
The Chief Deputy shall have attended and passed the Colorado
Tax Assessor' s school, or an equivalent thereof, and shall have
had a minimum of five years experience in reading and platting
legal descriptions , the application of the mill levy to property
assessment, and the application of the assessment rolls to the
computer.
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ARTICLE VIII
COUNTY CLERK
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Section 8-1 -- Bond.
The County Clerk shall execute to the people of the State of
Colorado, and file in the office of the County Clerk, a bond, as
provided by this Charter and approved by the Board. The sureties
shall be responsible for the acts of the County Clerk and his
deputies.
Section 8-2 -- Duties.
(1) The County Clerk shall appoint a Chief Deputy to act in
his absence , disability, or in case of a vacancy in the office,
and such Chief Deputy shall perform all the duties of County Clerk
during such absence or until such vacancy shall be filled.
(2) The County Clerk may appoint such other deputies as may
be necessary or required to carry out the duties of the office.
(3) The County Clerk shall be the Clerk to the Board of
County Commissioners as provided by Article III , Section 3-7 .
(4) The County Clerk shall exercise all of the powers and
perform all the acts and duties now required or that may hereafter
be required by State law to be exercised or performed by the
County Clerk.
(5) The County Clerk may exercise those discretionary county
functions and powers, and provide such services and facilities as
may be authorized by law, for County Clerks.
38
ARTICLE IX
COUNTY CORONER
Section 9-1 -- Duties.
(1) The County Coroner shall appoint a Chief Deputy to act
in his absence, disability, or in case of a vacancy in the office,
and such Chief Deputy shall perform all of the duties of County
Coroner during such absence or until such vacancy be filled.
(2) The County Coroner may appoint such other deputies as
may be necessary or required to carry out the duties of the
office.
(3) The County Coroner shall exercise all of the powers and
perform all the acts and duties now required or that may hereafter
be required by State law to be exercised or performed by the
County Coroner.
(4) The County Coroner may exercise those discretionary
county functions and powers , and provide such services as may be
authorized by law, for County Coroners.
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ARTICLE X
COUNTY SHERIFF
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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 10-2 -- Bond.
The County Sheriff shall execute to the people of the State
of Colorado, and file in the office of the County Clerk, a bond,
as provided by this Charter and approved by the Board. The
sureties shall be responsible for the acts of the County Sheriff,
the Undersheriff, and his deputies.
Section 10-3 -- Duties.
(1) The County Sheriff shall appoint an Undersheriff, who
shall also be a general deputy, to serve during the pleasure of
the Sheriff.
(2) The County Sheriff may appoint such other deputies as
may be necessary or required to carry out the duties of the
office.
(3) The County Sheriff shall exercise all of the powers and
perform all the acts and duties now required or that may hereafter
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be required by State law to be exercised or performed by the
County Sheriff.
(4) The County Sheriff may exercise those discretionary
county functions and powers , and provide such services and
facilities as may be authorized by law.
(5) The County Sheriff shall provide such law enforcement
services to incorporated municipalities as may be provided for by
service contract or joint agreement between the Board and a
municipality.
Section 10-4 -- Qualifications of Undersheriff.
(1) The Undersheriff shall have an Associate of Arts Degree,
or its equivalent, in Police Science, Police Administration, or in
some related field.
(2) The Undersheriff shall have had at least five years law
enforcement experience including substantial administrative and
personnel experience.
(3) The Sheriff shall determine that the Undersheriff meets
the above qualifications.
Section 10-5 -- Duties of Undersheriff.
(1) In the case of the absence , disability, or in event of a
vacancy in the office of County Sheriff, the Undersheriff shall
perform all the duties of County Sheriff during such absence or
until such vacancy shall be filled.
(2) The Undersheriff shall perform such other duties as may
be directed by the County Sheriff.
41
Section 10-6 -- Jailer -- County not Furnish Residence.
The County shall not be required to furnish the Sheriff, as
keeper of the jail, nor any deputy appointed for that purpose,
with living quarters. This shall not relieve the Sheriff of his
duty to safely keep all prisoners committed to his custody
according to law.
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ARTICLE XI
COUNTY TREASURER
Section 11-1 -- Bond.
The County Treasurer shall execute to the people of the State
of Colorado, and file in the office of the County Clerk, a bond,
as provided by this Charter and approved by the Board. The
sureties shall be responsible for the acts of the County Treasurer
and his deputies.
Section 11-2 -- Duties.
(1) The County Treasurer shall appoint a Chief Deputy to act
in his absence, disability , or in case of a vacancy in the
office , and such Chief Deputy shall perform all the duties of
County Treasurer during such absence or until such vacancy shall
be filled.
(2) The County Treasurer may appoint such other deputies as
may be necessary or required to carry out the duties of the
office.
(3) The County Treasurer shall exercise all of the powers
and perform all the acts and duties now required or that may
hereafter be required by State law to be exercised or performed by
the County Treasurer.
(4) The County Treasurer may exercise those discretionary
county functions and powers, and provide such services as may be
authorized by law.
43
Section 11-3 -- Qualifications of Chief Deputy.
The Chief Deputy shall have had a minimum of five years
investment experience in handling investments, of the type handled
in the office of the County Treasurer.
Section 11-4 --Investment of Funds.
(1) The County Treasurer shall , with prudence, deposit
available funds in accordance with the statutes of the State of
Colorado giving preference to Weld County financial institutions.
(2) All interest from county funds shall become a part of
the General fund , except that interest from particular funds may,
by resolution of the Board, be retained in such fund.
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ARTICLE XII
OFFICE OF COUNTY SURVEYOR ABOLISHED
Section 12-1 -- Office of County Surveyor Abolished.
Upon adoption of this Charter, the office of County Surveyor
shall be abolished, effective January 1 , 1976 .
Section 12-2 -- Transfer of Duties.
The County Engineer shall exercise all of the powers and
perform all the acts and duties now required or that may hereafter
be required by State law to be exercised or performed by the
County Surveyor.
Section 12-3 -- Existing Property and Records.
All property, records , equipment and supplies of the office
of County Surveyor, wherever located, existing when this Charter
becomes effective, shall be transferred as directed by the Board.
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ARTICLE XIII
COUNTY COUNCIL
Section 13-1 -- Composition.
The County Council shall consist of five members elected as
follows:
(1) Three members , each nominated, elected and residing
in separate geographic districts as established in Article
III, Section 3-2 of this Charter.
(2) Two members , each nominated and elected from the
County at large.
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.
Section 13-3 -- Terms of Office.
(1) The terms of office of County Councilmen shall commence
on the first working day of the year immediately following the
general election at which they are elected and shall be for four
years .
(2) The term of office of a Councilman shall continue until
his successor is elected and qualified.
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(3) No person shall serve more than two consecutive terms as
a Councilman.
Section 13-4 -- Organization.
(1) At its first meeting in January each year, the Council
shall elect, from among its members, a President, who shall
preside over its meetings, and a Vice-President, who shall preside
in absence of the President.
(2) The Council shall adopt rules of procedure governing the
time , place and conduct of its meetings and hearings , and the
introduction of and action on motions and resolutions. The
Council may also adopt procedures for requiring attendance of its
members . All official meetings shall be open to the public, and
no action shall be taken by the Council other than at an official
meeting. A record of proceedings shall be taken and preserved,
and it shall be a public record.
(3) Regular meetings shall be held at least monthly on a day
or days to be determined by the Council by resolution. Special
meetings may be called by the President. A copy of the notice of
a meeting shall be posted in a conspicuous place in the offices of
the Board of County Commissioners at the time such notice is given
to members of the Council.
Section 13-5 -- Quorum -- Majority -- Action.
(1) Three of the members of the Council in office at the
time shall be a quorum for the transaction of business , but in the
absence of a quorum, a lesser number may adjourn any meeting to a
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later time or date, and in the absence of all other members the
President may adjourn any meeting for not longer than one week.
(2) Any resolution to be adopted, amended, or repealed, or
any other action of the Council shall require concurrence of three
of the members of the Council in office at the time.
(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
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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.
(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
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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.
(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.
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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 ninety-fifth day and ending on the forty-fifth
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
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facie evidence of his qualifications without the requirement that
each signer make an affidavit as to his qualifications.
(4) No petition shall be valid that does not contain the
requisite number of names of electors qualified to sign the
petition. Any such petition may be amended in this respect at any
time prior to fifteen days before the day of election.
(5) An elector may sign more than one nomination petition.
(6) Each nomination petition shall be filed with the County
Clerk no later than the forty-fifth day prior to the day of
election. Every such petition shall have endorsed thereon or
appended thereto the written affidavit of the candidate accepting
such nomination. The acceptance of nomination shall contain the
full name and place of residence of the candidate.
(7) The County Clerk shall cause all nomination petitions to
be preserved for a period of two years. All such petitions shall
be open to public inspection under proper regulation by the Clerk.
(8) Procedure for withdrawal shall be as follows:
Any person who has been nominated and who has accepted a
nomination may cause his name to be withdrawn from such
nomination, at any time prior to eighteen days before
election, by a written affidavit withdrawing from such
nomination. The affidavit stating withdrawal shall be signed
by the candidate and filed with the Clerk.
(9) objections to nominations. All petitions of nomination
which are in apparent conformity with the provisions of this
Section, as determined by the Clerk, are valid unless objection
thereto is duly made in writing within three days after the filing
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of the same. In case objection is made , notice thereof shall be
forthwith mailed to any candidate who may be affected thereby.
The Clerk shall pass upon the validity of all objections , whether
of form or substance, and his decisions upon matters of form shall
be final. His decisions upon matters of substance shall be open
to judicial review. Said Clerk shall decide objections within at
least forty-eight hours after the same are filed, and any
objections sustained may be remedied or defect cured upon the
original petition, by an amendment thereto, or by filing a new
petition within three days after such objection is sustained, but
in no event later than the thirtieth day before the day of
election.
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ARTICLE XIV
FINANCE AND BUDGET
Section 14-1 -- Fiscal Year.
The fiscal year of the County shall commence on January 1 and
end on December 31 of each year, unless otherwise established by
State law for home rule counties.
Section 14-2 -- Annual Budget.
(1) The director of the Department of Finance shall prepare
a recommended budget for the next fiscal year and submit it to the
Board. Such budget shall include recommended operating expenses,
capital expenditures , and revenue sources for all departments and
units of the County government, and any other information deemed
necessary.
(2) The Board shall hold at least one public hearing on the
proposed budget. Public notice of such hearings shall be given at
least ten days prior to the date thereof stating the time and
place of the hearings and indicating that the proposed budget is
available for inspection in the office of the Clerk to the Board
during regular office hours, and that any interested person may
file or register any objections thereto at any time prior to the
final adoption of the budget.
(3) Following the public hearing or hearings, the Board may
revise or alter the proposed budget or increase or decrease any
item therein. The Board shall then adopt the budget together with
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any amendments thereto, in accordance with the requirements of
State law. The Board shall also adopt an ordinance appropriating
funds for the ensuing fiscal year and shall certify the taxes to
be levied as provided by law.
(4) The Board may adopt emergency appropriations upon
declaration that an unforeseen disaster or emergency exists. Such
appropriations shall be funded from contingency or other available
funds , or as otherwise permitted by State law.
(5) Except as otherwise provided herein, the provisions of
State law concerning adoption of budgets and appropriation of
funds by local governments shall govern the procedures of the
Board.
Section 14-3 -- Capital Improvements Program and Budget.
The Board may require that the Director of Finance and
Purchasing submit, at the time of submission of the annual budget,
a five year capital improvements program and budget. Such program
shall include recommended projects, construction schedule,
estimate of costs, anticipated revenue sources , methods of
financing, and such other information as may be required.
Section 14-4 -- Audits.
The Board shall provide for an independent annual audit of
all county accounts and funds, and more frequent audits as deemed
necessary. Such audits shall be made by a certified public
accountant selected by the Board. The same auditor or auditing
firm shall not be retained for more than five consecutive years.
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The audit shall be available for inspection by the public in the
office of the Clerk to the Board.
Section 14-5 -- Funds.
Funds shall be established as directed by the Board, pursuant
to the provisions of State law.
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.
(a) If the Board be of the opinion, the amount of tax
limited by the preceding Section will be insufficient for the
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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.
(c) Due notice of submission of the question of whether
to grant the increased levy shall be given by the County
Clerk for at least thirty (30) days in advance of the date
set for the general or special election by giving a public
notice as provided herein. If a majority of the votes cast
at any such election is in favor of the increased levy as
named in said election notice, then the County may make such
increased levy.
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(d) In the event such increase shall be voted by the
electors under the preceding subsections , the increased
revenue resulting therefrom shall be included in determining
the five percent (5%) limitation in the following year.
Section 14-8 -- Limitation of Capital Expenditures.
Any one project, except hospital projects , requiring a
capital expenditure out of funds procured by ad valorem taxation
equal to a three mill levy for three years , or a hospital project
requiring a capital expenditure from ad valorem tax funds equal to
a three mill levy for three years , shall be prohibited until such
time as the question of expenditure of said funds shall have been
first submitted to a vote of the qualified electors at a general
or special election and shall have received a majority vote
approving such expenditure.
Section 14-9 -- Bidding -- Procedure.
(1) The Board of County Commissioners shall adopt bidding
procedures for county purchases which shall assure open and
competitive bidding on all county purchases, and the Central
Purchasing Division shall follow the procedures adopted in all
county purchases.
(2) Bid specifications shall he prepared in such a manner as
to invite and encourage bidding from all suppliers of the goods
and equipment being purchased by the County. No specifications
shall be submitted to bidders so restrictive in detail as to
eliminate any line of competitive equipment.
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(3) The County Commissioners shall give preference to
resident Weld County bidders in all cases where the bids are
competitive in price and quality.
(4) The County Commissioners shall enter in the minutes of
the meeting, at which a purchase is made for other than a low bid,
the reason for not accepting the low bid.
(5) All purchases in excess of an amount to be set annually
by the Board of County Commissioners by ordinance shall be by
written, sealed bid and bids over the amount set annually by
ordinance by the Board of County Commissioners shall be followed
by a ten-day period for consideration and investigation of the
bids submitted to determine comparisons of quality and price. The
ten-day waiting period may be waived by resolution of the Board
for emergency purchases. The Commissioners shall accept the bid
they find to be most beneficial to the County.
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ARTICLE XV
ELECTIONS
Section 15-1 -- General Elections.
Except as otherwise provided in this Charter, elected
officers of the County shall be nominated and elected pursuant to
State law at general elections.
Section 15-2 -- Special Elections.
Special elections shall be called by resolution of the Board
and conducted in accordance with the provisions of State law.
Section 15-3 -- Recall.
Any elected officer may be recalled from office at any time.
Once an election on recall has been held, no other election on
recall of that same officer may be held for at least one year.
The procedure for recall shall be as follows:
(1) One or more qualified electors shall file with the Clerk
an affidavit of not more than two hundred words stating the
reasons for requesting the recall. The Clerk shall, within
forty-eight hours after the filing of said affidavit, mail a copy
of the affidavit by certified mail to the officer sought to be
recalled who may, within five days of receipt of said affidavit,
file with the Clerk, a sworn statement of not more than two
hundred words in justification of his course in office. After
receipt of the statement in defense, if any, but in no event later
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than ten days after filing a copy of the affidavit to the officer,
the Clerk shall issue a petition for recall.
(2) Said petition shall include the statement of reasons for
requesting recall and the officer' s statement of justification if
there be such a statement. Said petition must be signed by
qualified electors numbering at least fifteen percent (15%) of the
total number of votes cast for that particular office in the last
preceding election within the district from which the officer was
elected or within the County in the case of an office elected at
large.
(3) 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 other customary
designation, except that a post office box number shall be
insufficient.
(4) The signed recall petition shall be filed with the Clerk
within sixty days after issuance . If said petition is filed
within the time specified and appears to be sufficient, the Board
shall set a date for a recall election to be held within sixty
days, unless a general election or a special election will be held
within one hundred twenty (120) days following the filing of the
petition, in which event the recall election may be held at the
time of the general or special election. 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 and that each
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signer has stated to the circulator that he is a qualified elector
of the County.
(5) All petitions shall be deemed and held to be sufficient
if they appear to be signed by the requisite number of signers,
and such signer shall be deemed and held to be a qualified
elector, unless a protest in writing under oath shall be filed in
the office of the Clerk by some qualified elector, within fifteen
days after such petition is filed, setting forth specifically the
grounds of such protest. In the event of such protest, the Clerk
shall forthwith mail a copy to the person or persons named in such
petition as representing the signers thereof, together with a
notice fixing a time for hearing such protest which hearing shall
not be less than five nor more than ten days after such notice is
mailed. All hearings shall be before the Clerk, and all testimony
shall be under oath. Such hearings shall be summary and not
subject to delay, and must be concluded within thirty (30) days
after such petition is filed, and the results thereof shall be
forthwith certified to the person or persons representing the
signers of such petition.
(6) In case the petition is not sufficient it may be
withdrawn by the persons or a majority of the persons representing
the signers of such petition, and may, within fifteen (15) days
thereafter, be amended and refiled as an original petition. The
finding as to the sufficiency of any petition may be reviewed by
the District Court of Weld County, upon application of any person
signing such petition, but such review shall be had and determined
forthwith.
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(7) There shall be printed on the official ballot, as to
every officer whose recall is to be voted on, the words , "Shall
(name of the person against whom recall petition is filed) be
retained in the office of (title of office) . " The ballot shall
provide for a "yes" or "no" vote.
(8) If a majority of those voting on said question of the
recall of any incumbent from office shall vote "yes" , said
incumbent shall continue in said office; if a majority shall vote
"no" , such incumbent shall thereupon be deemed removed and the
vacancy shall be filled as provided in this Charter.
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
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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
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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:
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(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
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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.
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ARTICLE XVI
GENERAL PROVISIONS
Section 16-1 -- Continuity of Government.
The Board shall provide for continuity of government in the
event of a disaster. It shall prescribe procedures which will
preserve representative government and provide an orderly line of
succession of authority when disaster makes such measures
necessary. In no case will such temporary occupancy of elective
offices extend beyond the next scheduled general election.
Section 16-2 -- Eminent Domain.
The County shall have the powers of eminent domain to the
fullest extent authorized by State law.
Section 16-3 -- Bonding of Officers .
Members of the Board and such other officers or employees as
the Board may require and as required by this Charter shall give
bond in an amount and with surety prescribed by the Board, or as
required by law. The premiums on such bonds shall be paid by the
County, and the bonds shall be filed with the County Clerk. The
amount of each bond shall be re-established prior to each
election.
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Section 16-4 -- Invalidity of Part -- Severability.
If a court of competent jurisdiction shall, by final
judgment, hold any part or provision of this Charter to be invalid
or unconstitutional , all other provisions of this Charter shall be
considered to be severable and shall not be affected thereby and
the effect of such decision shall not extend beyond that required
by the court ' s ruling.
Section 16-5 -- Article and Section Titles.
The Article and Section Titles of this Charter are inserted
for reference and convenience only and shall not be construed to
limit, prescribe, or in any way control the scope or intent of any
provision therein.
Section 16-6 -- Public Notice.
Notice to the public of ordinances and of certain official
acts , events, determinations , proceedings or meetings shall be
given. Unless defined otherwise in the ordinances, rules or laws
pertaining to the procedure to which the public notice relates,
public notice may be by publication in a newspaper of general
circulation in the County or by such other media and in such form
as may be prescribed by the Board. When the notice informs the
public of some event to take place in the future, it shall be
published at least five days prior to such event.
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Section 16-7 -- Vacancy.
Every elective county office shall become vacant, on the
happening of any one of the following events , before the
expiration of the term of office:
(1) The death of the officer.
(2) The resignation of the officer.
(3) The removal of the officer, by recall or otherwise.
(4) The officer ceasing to be a resident of Weld County, or
in the case of an officer required to live in a district, ceasing
to be a resident of the district from which elected.
(5) The officer' s refusal or neglect to take his oath of
office , or renew his official bond, or to deposit such oath and
bond within the time prescribed by law.
(6) The final decision of a competent tribunal , declaring
void an officer' s election or appointment.
(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.
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(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:
(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.
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(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.
(4) Appropriation -- An authorization by the Board to
expend from public funds a specific maximum sum for a
specified purpose and during a specified time.
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(5) Board -- The Board of County Commissioners .
(6) Candidate -- Any person seeking nomination or
election to any public office.
(7) Chairman -- The Chairman of the Board.
(8) Classification plan -- As related to the Personnel
system, the assignment of positions into occupational groups
and series of classes determined by description of a class of
positions which defines the class title and distinguishes one
class of positions from other classes. It gives examples of
typical duties and responsibilities found at its grade level ,
and defines minimum skills, knowledges , abilities, and
education required.
(9) Clerk -- The County Clerk.
(10) Commissioner -- A member of the Board.
(11) Council -- The County Council.
(12) Councilman -- A member of the Council.
(13) County -- Weld County, Colorado.
(14) Crime -- A felony or a Class 1 or 2 misdemeanor as
defined by State law, or a comparable federal crime or crime
in some other state. Does not include petty or traffic
offenses.
(15) Department -- One of the major organizational units
of the County.
(16) Division -- A primary subdivision of a department.
(17) Emergency Ordinance -- An ordinance, the passage of
which shall be necessary to the preservation or protection of
public health, property, or safety.
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(18) Employees -- All persons in county service who are
not officers.
(19) Initiative -- The provision whereby legislation may
be initiated by petition and submitted to the voters for
approval or rejection at the polls.
(20) Law -- State law.
(21) Masculine gender -- Includes feminine gender.
(22) May -- Is considered permissive.
(23) Officer -- An elected official of the County.
(24) Person -- An individual, firm, association or
corporation.
(25) Personnel Policies -- As related to the Personnel
system, statements relative to the general management and
procedure of the Personnel system.
(26) Personnel rules -- As related to the Personnel
system, regulations and guidelines covering and concerning
all , or most, relations between employee and employer.
(27) Personnel system -- The County Personnel Policies,
rules and regulations , job classifications and compensation
plans.
(28) Primary Employment -- Availability at all times to
conduct county business without interference of other
occupational activities.
(29) Public Notice -- Notice as defined in this Charter.
(30) Qualified elector -- A person entitled to vote at a
general election, if registered, and if not registered,
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otherwise eligible to vote; the term is synonymous with
qualified voter.
(31) Recall -- The provision whereby a group of electors
may, by petition, require that an election be held to allow
the voters to determine if a county officer should be removed
from office.
(32) Referendum -- The provision whereby any ordinance or
resolution, or part thereof, enacted by the Board may be
referred to the voters of the County to approve or reject at
the polls .
(33) Shall -- Is considered mandatory.
(34) State -- State of Colorado.
(35) State law, laws of the State, or laws -- All
legislation governing Colorado, including the provisions of
the State Constitution. References to State laws shall be
construed as continuing references to them as they may be
amended from time to time.
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ARTICLE XVII
AMENDMENTS TO CHARTER
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
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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.
Section 17-2 -- Conflicting Amendments.
If there is any conflict or inconsistency between amendments
voted upon at the same election and more than one of said
amendments is adopted, then the amendment receiving the largest
number of votes shall prevail as to such conflict or inconsistency
and the adopted amendments receiving the lesser number of votes
shall, if severable, be nevertheless effective except as to the
matters of conflict or inconsistency.
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ARTICLE XVIII
TRANSITIONAL PROVISIONS
Section 18-1 -- Purpose of Article.
The provisions of this Article relate to the transition from
the existing form of government to the form of government
established by this Charter. Where inconsistent with the
foregoing Articles in this Charter, the provisions of this Article
shall constitute exceptions thereto.
Section 18-2 -- Effective Date of Charter.
Upon its adoption, this Charter shall become effective on the
first day of January, 1976 , except as these transitional
provisions require earlier or later implementation.
Section 18-3 -- Transition of Elective County Offices.
After adoption of this Charter, the status of elective
officers shall be as follows:
(1) Incumbent County Commissioners shall continue to
serve as Commissioners of districts numbered one, two and
three until such time as their terms of office would have
expired if this Charter had not been adopted.
(2) All other existing elective officers, as provided
for in this Charter, shall continue to serve in their
respective offices until such time as their term of office
would have expired if this Charter had not been adopted.
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Section 18-4 -- Elections to Fill New Commissioner Positions.
A special election shall be held following adoption of this
Charter and prior to December 15 , 1975 , at which Commissioners
shall be elected as follows:
(1) One Commissioner at large shall be elected for a
one-year term beginning January 1 , 1976 . At the next general
election in November, 1976 , two Commissioners, one each from
geographic districts numbered one and three and one
Commissioner elected at large shall be elected for four-year
terms.
(2) One Commissioner at large shall be elected for a
three-year term beginning January 1 , 1976 . At the general
election in November, 1978 , one Commissioner from geographic
district numbered two and one Commissioner at large shall be
elected for four-year terms.
(3) In subsequent elections, Commissioners shall be
elected for four-year terms, pursuant to Section 3-4 of this
Charter.
Section 18-5 -- Elections to Fill New County Councilman Positions.
At the special election to be held, as provided in Section 4
of this Article, Councilmen shall be elected as follows:
(1) One Councilman from geographic district numbered
two and one Councilman at large shall be elected for a
one-year term beginning January 1 , 1976 . At the next general
election in November, 1976 , they shall be elected for
four-year terms.
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(2) Two Councilmen, one each from geographic districts
numbered one and three and one Councilman at large shall be
elected for a three-year term beginning January 1 , 1976 . At
the general election in November, 1978 , they shall be elected
for four-year terms.
(3) In subsequent elections, Councilmen shall be
elected for four-year terms as provided in Section 13-3 of
this Charter.
Section 18-6 -- Salaries.
Until otherwise established as provided by this Charter, the
salaries of all elective officials shall remain the same as they
existed on the effective date of this Charter.
Section 18-7 -- Prior Legislation and Policies.
All resolutions , motions, rules and regulations which are not
inconsistent with the terms of this Charter, and which are in
force on the effective date of this Charter, shall continue in
force until repealed or amended. Existing resolutions which enact
legislative measures shall be considered to be ordinances under
this Charter.
Section 18-8 -- Existing Contracts.
(1) All rights, claims, actions , orders , contracts and legal
or administrative proceedings shall continue except as modified
pursuant to the provisions of this Charter, and in each case shall
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be maintained, carried on or dealt with by the County department,
office or agency appropriate under this Charter.
(2) Nothing in this Charter shall abridge the rights,
duties , or obligations heretofore obtained or incurred by contract
or ordinance and legally entered into or passed by the County.
Section 18-9 -- Continuation of Employment.
All appointed employees of the County holding office on the
effective date of this Charter shall continue to be employed at
their existing salaries, subject to the provisions of this Charter
and of the Personnel system regulations adopted pursuant thereto.
Section 18-10 -- Appointive Boards and Commissions.
All appointive boards and commissions whose functions have
not been transferred by this Charter to another agency or
department, or otherwise dealt with by this Charter, shall
continue to function until otherwise determined by the Board.
Section 18-11 -- Continuation of Programs.
All functions , operations , and programs now being conducted
by the County may continue until otherwise provided by the Board.
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