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HomeMy WebLinkAbout890969.tiff RESOLUTION RE: APPROVE ACCEPTANCE OF LETTER FROM COMMISSIONER JACQUELINE JOHNSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Letter from Commissioner Jacqueline Johnson, and WHEREAS, said Letter is a supplement to her resignation letter of August 14 , 1989, and WHEREAS, after review, the Board deems it appropriate to accept said Letter, a copy of which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Letter from Commissioner Jacqueline Johnson be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, A.D. , 1989 . ���- •• _ BOARD OF COUNTY COMMISSIONERS ATTEST: '^ �� inl WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C.W. Kirby, airman EXCUSED ,/ ac--1 Jacq ine Johns n, Pro-Tem eputy County Cl k in er APPROVED AS TO FORM: ene R. Brant er George Kennedy County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 890969 OFFICE OF BOAS -) OF COUNTY COMMISSIONERS _ - - _. _- _ - - - - - • PHONE - - - _ _ _ O E(303)356-4000, EXT..d200 P O BOX-756 • GREELEY COlORA00 80632 • COLORADO August 23, 1989 C. W. Kirby, Chairman Board of County Commissioners - 915 Tenth Street - Greeley, CO 80631 - _ Dear Bill: This letter will supplement my letter of August 14, 1989, wherein I informed you of my decision to resign as Weld County Commissioner, District 2, effective September 1, 1989. After conferring with the County Attorney, some concern was raised on his part with regard to Article III, Section 3-4(2) , of the Weld County Home Rule Charter. This provision provides that the term of office of a commissioner shall continue until his successor is elected and qualified. Although Mr. David is of the opinion that a commissioner cannot be "forced" to remain in office beyond a resignation date, he nevertheless has explained the potential problems that could occur as a result of potential tie votes on land use matters that are heard by the Board of County Commissioners. Under our present rules of procedure, a 2-2 deadlock is broken by the fifth commissioner who may happen to be absent from the hearing by reviewing all of the records and then casting the deciding vote. If the Board of County Commissioners has only four members and a deadlock vote occurs on a planning matter, this would be an effective denial and would further foreclose the applicant from applying for a similar permit for a period of five years. After considering the potential problems that could occur both to the Board and to certain citizens in the event of a deadlock vote on matters before the Board, I would consent to extending the effective date of my resignation from September 1, 1989, until the day that the new commissioner is sworn in to replace me. I trust, however, the the Weld County Council will make an 891969 g �� e . _ . __ _ . _. _ _ _ _ _ . _ . appointment within a reasonable time as the time I. will-have available to - - - . -devote -to- commissioner duties will be' severely limited after :_September 1, _.1989: - - -- - - _ - 80-c-ce------b\4\00---- - : Jacqueline Johnson County Commissioner JJ:vds cc: Commissioner Brantner Commissioner Lacy Commissioner Kennedy - Norm Carlson _ - - Don Warden - - _ • C► - - • 890969 Hello