HomeMy WebLinkAbout901524.tiff 4222471.6
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
901524
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AMENDMENTS
1. Article V, Section 2 30
Effective date - January 1, 1979
2 . Article XIV, Section 14-9 (5) 57
Effective date - January 1 , 1985
The following Amendments are pursuant to the Special Election of March
20 , 1990.
3. Article III, Section 3-7 7
Section 3-11 (2) 12
Section 3-14 (7) 14
Effective date - July 1 , 1990
4. Article VI, Section 6-1 32
Effective date - July 1 , 1990
5. Article VIII, Section 8-2 (3) 36
Section 8-2 (5) 36
Effective date - July 1 , 1990
6. Article V, Section 5-2 30
Effective date - March 22 , 1990
7. Article VI, Section 6-3 32
Effective date - March 22, 1990
8. Article XIII, Section 13-9
Subsections (2) , (4) , and (6) 49
Subsections (8) , and (9) 50
Effective date - March 22 , 1990
9 . Article XVI , Section 16-10 (30) 71
Effective date - March 22 , 1990
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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 4
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 8
9 Compensation 11
10 Rules of Procedure 12
11 Meetings 12
12 Quorum 13
13 Majority Required 13
14 Ordinances 13
15 Vacancies 15
ARTICLE IV -- DEPARTMENTS OF COUNTY GOVERNMENT 16
Section
1 Departments Created 16
2 Department of. Finance , Central Purchasing,
and Personnel 17
3 Department of Health Services 21
4 Department of Planning Services 24
5 Department of Engineering Services 28
6 Department of Communications Services 28
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ARTICLE V -- DEPARTMENT OF LAW 30
Section
1 County Attorney -- Appointment 30
2 Qualifications 30
3 Duties 30
4 Special Counsel 31
ARTICLE VI -- ELECTIVE OFFICERS 32
Section
1 Elective Officers 32
2 Oath of Office 32
3 Vacancy 32
4 Term of Office 33
5 Qualifications 33
6 Compensation 33
ARTICLE VII -- COUNTY ASSESSOR 34
Section
1 Bond 34
2 Duties 34
3 Qualifications of Chief Deputy 35
ARTICLE VIII -- COUNTY CLERK 36
Section
1 Bond 36
2 Duties 36
ARTICLE IX -- COUNTY CORONER 37
Section
1 Duties 37
ARTICLE X -- COUNTY SHERIFF 38
Section
1 Qualifications 38
2 Bond 38
3 Duties 38
4 Qualifications of Undersheriff 39
5 Duties of Undersherif.f 39
6 Jailer -- County not Furnish Residence 40
ARTICLE XI -- COUNTY TREASURER 41
Section
1 Bond 41
2 Duties 41
3 Qualifications of Chief Deputy 42
4 Investment of Funds 42
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ARTICLE XII -- OFFICE OF COUNTY SURVEYOR ABOLISHED 43
Section
1 Office of County Surveyor Abolished 43
2 Transfer of Duties 43
3 Existing Property and Records 43
ARTICLE XIII -- COUNTY COUNCIL 44
Section
1 Composition 44
2 Qualifications of Members 44
3 Terms of Office 44
4 Organization 45
5 Quorum -- Majority -- Action 45
6 Compensation 46
7 Vacancies 46
8 Powers and Duties 46
9 Nomination of Councilmen 48
ARTICLE XIV -- FINANCE AND BUDGET 52
Section
1 Fiscal Year 52
2 Annual Budget 52
3 Capital Improvements Program and Budget 53
4 Audits 53
5 Funds 54
6 Long-Term Financing 54
7 Limitation on Annual Tax Levy 54
8 Limitation of Capital Expenditures 56
9 Bidding -- Procedure 56
ARTICLE XV -- ELECTIONS 58
Section
1 General Elections 58
2 Special Elections 58
3 Recall 58
4 Initiative and Referendum 61
ARTICLE XVI -- GENERAL PROVISIONS 65
Section
1 Continuity of Government 65
2 Eminent Domain 65
3 Bonding of Officers 65
4 Invalidity of Part -- Severability 66
5 Article and Section Titles 66
6 Public Notice 66
7 Vacancy 67
8 Boards -- Composition 67
9 Conflict of Interest 68
10 Definitions 69
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ARTICLE XVII -- AMENDMENTS TO CHARTER 73
Section
1 Procedure to Amend or Repeal Charter 73
2 Conflicting Amendments 74
ARTICLE XVIII -- TRANSITIONAL PROVISIONS 75
Section
1 Purpose of Article 75
2 Effective Date of Charter 75
3 Transition o£ Elective County Offices 75
4 Elections to Fill New Commissioner Positions . . . 76
5 Elections to Fill New County_ Councilman Positions . 76
6 Salaries 77
7 Prior Legislation and Policies 77
8 Existing Contracts 77
9 Continuation of Employment 78
10 Appointive Boards and Commissions 78
11 Continuation of Programs 78
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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 extent provided in this Charter,
be exercised by the departments herein established as agents of the
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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 estahlishing special districts and submitting the question to the
voters shall be established by the Board.
Special districts may be created under such laws as are now in
effect or may hereafter be adopted.
The County shall have the power to charge, levy and collect such
taxes and other revenues as may be authorized or permitted by law or this
Charter within such service districts for the support of district
functions and services.
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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.
(2) The Chairman shall preside over meetings of the Board.
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(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 appointed by and under the
direction of the Board of County Commissioners of Weld County. The Board
of County Commissioners may employ such Deputy Clerks to the Board as may
be necessary or required to carry out the duties of the office. The
deputies shall be subject to the personnel policies, rules and
regulations , and classifications and compensation plans adopted pursuant
to Section 4-2, Article IV(B) of this Charter. The Clerk to the Board
may be made subject to the same provisions of Section 4-2, Article IV(B) ,
by resolution of the Board.
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(2) The Clerk to the Board shall be custodian of the County seal,
and records and papers of the Board of County Commissioners; shall
maintain a journal and record 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 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
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(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.
(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
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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.
(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 o£ 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.
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(q) Authorize multi-jurisdictional performance of duties and
functions with other units of government, and, 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
o£ 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 o£ 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 to the Board 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 on shorter notice if all members of the Board
are present or have waived notice thereof in writing. A copy of the
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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, 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.
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(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
ccoo appropriation ordinance, and an ordinance adopting a code by reference,
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(4) All ordinances shall be introduced in written or printed form.
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`^° w (6) An ordinance which is declared therein to be an emergency
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notice . Public notice o£ an emergency ordinance shall be given forthwith
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An emergency ordinance shall contain a specific statement of the
emergency.
(7) The Chairman shall sign and the Clerk to the Board shall attest
to all ordinances approved by the Board. All ordinances of the County
shall be indexed by subject by the Clerk to the Board and kept in a book
for that purpose which shall be a public record.
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(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.
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
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N C) Department of Planning Services; the Department of Engineering Services;
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- Purchasing, and Personnel.
(3) The coordinator of each of the other departments shall be the
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(4) Except as otherwise provided in this Charter, each department
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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 desirable .
Each division may be headed by one person responsible directly to the
department director.
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(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.
(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 .
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(4) Establish, maintain and operate the Central Purchasing
Office for the County. Responsibilities of the Purchasing Office
o shall include the purchase, storage and distribution of supplies,
CO U
o materials, property, equipment and inventory pursuant to policies
NU
o and procedures established by the Board and in accordance with this
a
o Charter and the laws of the State.
h w (5) Exercise such additional powers and perform such
O additional functions and duties as may be required by the Board.
o
(6) The Division of Finance and Central Purchasing shall be
<r �
x under the direction of a Finance Officer whose duties shall include
x
o v the following:
N H (a) The County Finance Officer shall on behalf of the
CO
H
0 (1) Board of County Commissioners act as Chief Accounting Officer
L Ca of the County and manage, supervise, coordinate and direct the
✓ w
activities of the Division of Finance and Central Purchasing.
N z
N
He shall be responsible to the Board of Commissioners for the
N
U x
wx proper execution, administration and functioning of the affairs
d' °° of the above described divisions of Weld County, including the
lr N
N in
' o performance by the respective divisions and officers of those
M w
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.
18
(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 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.
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(f) No employee shall, during working hours, engage in any
political activity. Any person employed with the County, except an
elected official, who seeks election to a partisan public office, shall
request a leave of absence, without pay, immediately after announcement
of his candidacy.
(g) The official hours of all Weld County Departments
shall be as established by the Board in the Personnel Policies
rules and regulations.
(h) The Personnel system shall comply with the provisions
of pertinent Colorado and Federal statutes .
(3) The Personnel Policies, rules and regulations and
classification and compensation plans may be amended by the Board.
(4) The Board of County Commissioners shall implement a
Personnel system which shall become effective no later than twelve
(12) months from the effective date of this Charter.
(5) No county employee shall lose any vested retirement
benefits by reason of any change in retirement plans.
(6) Elected officials shall make appointments to fill
vacancies in their departments from a list of names certified by the
Personnel Department to be qualified for the position to be filled.
The elected official may interview each person on the list and
examine the qualifications and shall have the authority to reject
all persons on the list, whereupon the Personnel Department shall
certify a. new list.
Elected officials shall have direct authority over the
employees in their respective offices pursuant to the County
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20
Personnel Policies, rules , regulations , job classification and
compensation plans.
(7) All employees of the County shall be included within the
provisions of the Personnel system, except the Board may, in its
discretion, exclude the employees of certain divisions, and except
the undersheriff and chief deputy of each elected official,
temporary employees, advisors, and consultants retained by contract,
the County Attorney and Assistant County Attorneys, and except as
otherwise provided by law.
(8) The Board of County Commissioners shall appoint an appeals
board to which an employee may appeal his dismissal , suspension,
demotion, or other grievance.
(a) The number of members , term, and qualifications of
the appeals board shall be set forth by the Personnel Policies,
rules and regulations.
(b) The procedures for appeal shall be outlined in the
Personnel Policies, rules and regulations.
(C) The Department of Finance, Central Purchasing, and Personnel
shall contain such other divisions as may from time to time be
established by the Board, and shall perform such functions and duties as
may from time to time be assigned or reassigned to it.
Section 4-3 -- Department of Health Services.
(A) Division of Public Health.
(1) The Director of Public Health shall be appointed by the
Board upon consultation with the Board of Health.
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21
(2) The Director of Public Health shall:
(a) Have all powers and duties now provided or as
hereafter provided by State law for health departments in
Colorado.
(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.
(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 :
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(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 .
(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.
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23
�U (e) Provide for studying county health programs and
0
eo
direct their implementation in cooperation with the Director of
enU
q Public Health and the Board of County Commissioners.
a
0 3 (B) Hospital Division.
h (1) Except as provided herein, the administration of Weld
2
v County General Hospital shall remain as provided by law and the
w
x rules and regulations of the Board of Trustees, and they shall be
n4
M
H x directly responsible to the Board of County Commissioners .
a
w
� v (2) Members of the Hospital Board of Trustees shall be
N H appointed for three-year terms and no person shall serve more than
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o a two consecutive terms.
W
k w (3) The County Attorney shall represent and advise the Board
� w
N Z of Trustees.
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O (C) Other Divisions.
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a The Department of Health Services shall contain such other
• M divisions as may from time to time be established by the Board, and
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shall perform such functions and duties as may from time to time be
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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.
24
(b) Subject to rules and regulations promulgated by the
Planning Commission:
(i) supervise the issuance of all building permits.
(ii) direct and coordinate the activities of the
la 0
o v building, electrical and plumbing inspections.
NO
M v (c) Coordinate activities between the Board of. Adjustment
o w and the Planning Commission and provide the necessary liaison
oC4
o x personnel to work with the Board of Adjustment.
.444
a (d) Coordinate the activities assigned to the Planning
0
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a Commission affecting the County in connection with the Regional
n ° Council of Governments.
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w (e) Be responsible for planning and coordinating of all
O .7
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county parks and recreational facilities.
N H
C0Ew+ (f) Perform such functions and duties as the Board
om
w shall direct.
kJ, a
r. w (3) The Board of County Commissioners shall appoint a Planning
v
N 4 Commission consisting of nine persons. Such commission shall be
O
C.) a4 chosen as follows:
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a
(a) The Board of County Commissioners shall determine six
•,2, Lei
r M
� o geographic areas and appoint one member from each of the
cow 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.
25
(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 rezoning 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 utility transmission easements and rights-of-way
shall not be considered by the Planning Commission or Board.
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26
(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 be 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.
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.
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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 be 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.
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.
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(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.
too
o v (1) There shall be a Department of Law, the director of which shall
0
eir' 8 be known as the County Attorney. He shall be appointed by the Board for
w an indefinite term and his employment may be terminated by majority vote
o
03
o a of the Board.
hW
z (2) The office of County Attorney shall be the primary employment
O
o
ga of the Count Attorney and he shall have no other employment
Y Y p yment as an
•• w attorney.
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w (3) The Board may appoint such Assistant County Attorneys as it
o �1
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• deems necessary subject to the same term and limitations as the County
N H
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V)
• w Section 5-2 -- Qualifications .
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N .Z.
N �. The County Attorney shall be a resident of the County of Weld and
N
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v a duly licensed as an attorney by the State of Colorado for at least five
(5) years immediately prior to his appointment, and shall have been
.4, CD
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N in actively engaged in the practice of law during such five years .
.-I o
fA W
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.
(2) The County Attorney shall act as legal advisor for the Board
and all departments and divisions of county government.
30
(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, 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 filled 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
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.
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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
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
Ls) o
';;; L) by this Charter and approved by the Board. The sureties shall be
✓ v responsible for the acts of the County Clerk and his deputies.
4
a
o CO
03
o x Section 8-2 -- Duties.
nw
o (1) The County Clerk shall appoint a Chief Deputy to act in his
U
w absence, disability, or in case of a vacancy in the office, and such
rz
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ai 's Chief Deputy shall perform all the duties of County Clerk during such
t-I �
w absence or until such vacancy shall be filled.
o ti7
rn U
Z (2) The County Clerk may appoint such other deputies as may be
N H
CO H necessary or required to carry out the duties of the office.
o cn
(3) The County Clerk shall be custodian of a Seal of Office which
oo
ow
N w shall constitute evidence o£ authority to perform the acts of office as
�r
N 7.
cN ,1 provided for by law.
0
(4) The County Clerk shall exercise all of the powers and perform
a
all the acts and duties now required or that may hereafter be required by
r- a
� o State law to be exercised or performed by the County Clerk.
w w
(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 except for those functions and
powers assigned to the Clerk to the Board under Section 3-7 of Article
III of this Charter.
36
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
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 o£ 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 be required by
State law to be exercised or performed by the County Sheriff.
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(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 o£ 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.
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Section 10-6 -- Jailer -- County not Furnish Residence.
The County shall not be required to furnish the Sheriff, as keeper
of the jail, nor anv 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. 766 F 0551 MARYOANN4FEUERSTEIN/90 CLERR3 4
& RECORDER.WELD CO:0CO
41
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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43
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.
(3) No person shall serve more than two consecutive terms as a
Councilman.
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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.
No
co c..)
o N (2) The Council shall adopt rules of procedure governing the time,
LE U place and conduct of its meetings and hearings, and the introduction of
A sow a and action on motions and resolutions. The Council may also adopt
o
o x procedures for requiring attendance of its members. All official
-re r74
omeetings shall be open to the public, and no action shall be taken by the
U
Hz Council other than at an official meeting. A record of proceedings shall
x be taken and preserved, and it shall be a public record.
x
o a (3) Regular meetings shall be held at least monthly on a day or
CtIU
nr z days to be determined by the Council by resolution. Special meetings may
N N
o&I be called by the President. A copy of the notice of a meeting shall be
a
41 posted in a conspicuous place in the offices of the Board of County
‘c, w
N Z Commissioners at the time such notice is given to members of the Council.
N 7
N Q
O
�I
ar4 Section 13-5 -- Quorum -- Majority -- Action.
in (1) Three of the members of the Council in office at the time shall
n �
.Nio be a quorum for the transaction of business, but in the absence of a
ra w
quorum, a lesser number may adjourn any meeting to a 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.
45
(3) All official action taken by the Council shall be announced by
the President or, in his absence, by the Vice-President, and all official
communications of the Council whether oral or written, shall be made by
the President or, in his absence, by the Vice-President.
Section 13-6 -- Compensation.
A Councilman shall receive no compensation for his services , but
shall be reimbursed for actual and necessary expenses incurred in the
performance of his official duties.
Section 13-7 -- Vacancies.
(1) A vacancy shall be filled by appointment by the remaining
members of the Council.
(2) A vacancy shall exist when a Councilman dies, resigns, is
removed from office, moves from the district from which elected, is
incapacitated, recalled, or becomes a candidate for a county elected
office or an employee of the County.
Section 13-8 -- Powers and Duties.
(1) The Council shall set the salaries of all elected officials.
In the case of the Board of County Commissioners , the effective date of
any change in salary may be delayed so as to provide for equal
compensation for all Commissioners at all times.
(2) The Council may employ a secretary and such other employees,
permanent and temporary, as it may require, pursuant to the County
Personnel system.
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46
(3) A vacancy in the Board of County Commissioners shall be filled
by appointment by the Council. Said appointees shall be o£ the same
political party as that of the previous officer, and the appointment
CO o shall be effective until the next general election, at which time a
0
� o person shall be elected for the remainder of the term, if any.
o w (4) In the event a valid petition for recall is presented as
o
• provided in Article XV, the Council may suspend the officer being
o
nw
2 recalled, with pay, pending the recall election. In the event the
O
er
a Council suspends such officer, the Council may appoint some qualified
eq no person to perform the duties of the office pending the recall election.
M
H
a In the event the officer is not recalled, he shall be immediately
o
reinstated.
vz
N H
H (5) In the event an elected official is formally charged or
o co
w indicted for the commission of a crime, the Council may suspend such
t, w officer, with or without pay, pending prosecution of the offense. If an
NZ
elected officer is found guilty of any crime by a court or jury, the
0
„ >4 Council shall immediately suspend such officer without pay until his
a
conviction shall become final and he has exhausted, or by failure to
til
a n
Nut assert them, has waived all rights to new trial and all rights of appeal.
.-a o
w At the time such officer' s conviction is final, the office shall be
vacant and the vacancy filled as herein provided.
Should the officer be suspended from office by the Council, as
provided in this Section, be found not guilty in a State and Federal
Court, either on appeal, original trial, or new trial, the Council shall
forthwith reinstate such officer and he shall receive his back pay,
unless , during such period of suspension, a successor to such suspended
officer has been duly elected and qualified. In the event a successor to
47
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.
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 o£ 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.
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48
(2) Nomination petitions may be circulated and signed beginning on
the one hundred and tenth day and ending on the sixtieth day prior to the
day of election. Each petition shall be signed by qualified electors to
the following numbers:
Ln O
co C) (a) For a candidate in the Council at large, at least two
tool hundred (200) qualified electors residing within the County;
w (b) For a candidate from a geographic district, at least two
o
03
o x hundred (200) qualified electors residing in the candidate ' s
h ca
2 district.
0
c
a (3) Each qualified elector signing a petition shall add to his
•• w signature his place of residence by street and number, rural route and
M
N (�
M box number or other customary designation, except that a post office box
o
number shall be insufficient. The circulator of each nomination petition
✓ z
N H
H shall make an affidavit that each signature thereon is the signature of
o v�
w the person whose name it purports to be and that each signer has stated
t.o D
Nr
w to the circulator that he is a qualified elector of the County or county
N
N ¢ and district, as the case may be, for which the nomination is made. The
0
v a signature of each signer of a petition shall constitute prima facie
a
evidence of his qualifications without the requirement that each signer
va
N• LO make an affidavit as to his qualifications.
Ho
M w (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 sixty 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 sixtieth day prior to the day of election. Every such
49
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 fifty 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 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 o£ 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
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50
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 forty-fifth 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 any amendments
thereto, in accordance with the requirements of State law. The Board
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52
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. The audit shall be available for
inspection by the public in the office of the Clerk to the Board.
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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.
nO
co The incurring of indebtedness by the County and the issuance of
c o evidences of such indebtedness shall be authorized, made and executed in
as accordance with the laws of the State, including the borrowing of money
o w
D3
•• x to fund county projects, the pledging of project revenues in repayment
h w
2 thereof, and the issuance of revenue warrants, revenue bonds or other
0
aforms of evidence of such obligations.
c
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M
w Section 14-7 -- Limitation on Annual Tax Levy.
w
oa
al C.)
� (1) Limitation. Except as otherwise provided herein, all ad
N z
."H valorem tax levies for county purposes, when applied to the total
o cn
w valuation for assessment of the County, shall be reduced so as to
� o
r w prohibit the levying of a greater amount of tax revenue than was levied
el 4
N Z from ad valorem taxation in the preceding year plus five percent (5%)
0
a
U except to provide for the payment of bonds and interest thereon.
a
(2) Increased levy -- procedure.
� sr
N �
N 411 (a) If the Board be of the opinion, the amount of tax limited
io
°gCz4 by the preceding Section will be insufficient for the County needs
for the current year, it may submit the question of an increased
levy to the County Council, and the County Council shall examine the
needs of the County and ascertain from such examination the
financial condition thereof, and if in the opinion of a majority of
the County Council that the County is in need of additional funds,
54
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 o£ 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.
(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 (58)
limitation in the following year.
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Section 14-8 -- Limitation o£ 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 be 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.
(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.
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(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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57
ARTICLE XV
ELECTIONS
Section 15-1 -- General Elections.
Except as otherwise provided in this Charter, elected officers of
to o
coo
the County shall be nominated and elected pursuant to State law at
Ln o
o C..) general elections.
A
a
o w
03
h aj Section 15-2 -- Special Elections.
O
p Special elections shall be called by resolution of the Board and
U
-in• conducted in accordance with the provisions of State law.
w
.. w
fn
as
a
O 4• Section 15-3 -- Recall.
of U
-tr Z Any elected officer may be recalled from office at any time. Once
N H
\ w
w E an election on recall has been held, no other election on recall of that
o
w p same officer may be held for at least one year. The procedure for recall
cw
• w shall be as follows:
N Z.
N 7.
�' (1) One or more qualified electors shall file with the Clerk an
0
N
w affidavit of not more than two hundred words stating the reasons for
x
• m requesting the recall. The Clerk shall, within forty-eight hours after
r 1/40
N n
rA ° the filing of said affidavit, mail a copy of the affidavit by certified
m w
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
than ten days after filing a copy of the affidavit to the officer, the
Clerk shall issue a petition for recall.
58
(2) Said petition shall include the statement o£ 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 (158) of the total number of votes
Ln o
co U
o cast for that particular office in the last preceding election within the
%c• O
" v district from which the officer was elected or within the County in the
A
w
o case of an office elected at large.
ac4 (3) Each signer of a petition shall sign his name, and after his
nw
pname, the date and his place of residence by street and number, rural
U
route and box number, or other customary designation, except that a post
.. w
x office box number shall be insufficient.
a
o 4 (4) The signed recall petition shall be filed with the Clerk within
rn U
a z sixty days after issuance. If said petition is filed within the time
N H
m F specified and appears to be sufficient, the Board shall set a date for a
O U1
W
,p0 recall election to be held within sixty days, unless a general election
L w
or a special election will be held within one hundred twenty (120) days
N▪ Z.
N Z.
�" following the filing of the petition, in which event the recall election
0
9+
w � may be held at the time of the general or special election. To each
a
w m petition paper shall be attached an affidavit by the circulator thereof,
r. vo
N LC)
r-i o stating the number of signers and affirming that each signature is the
mw
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 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
59
qualified elector, within fifteen days after such petition is filed,
setting forth specifically the grounds of such protest. In the event of
Ln o
c v such protest, the Clerk shall forthwith mail a copy to the person or
•
to ov persons named in such petition as representing the signers thereof,
4
o w together with a notice fixing a time for hearing such protest which
03
o n4 hearing shall not be less than five nor more than ten days after such
h W
onotice is mailed. All hearings shall be before the Clerk, and all
o
,, c4 testimony shall be under oath. Such hearings shall be summary and not
• subject to delay, and must be concluded within thirty (30) days after
rix
w such petition is filed, and the results thereof shall be forthwith
o
4+ U
<r z
certified to the person or persons representing the signers of such
"• H
CO H petition.
o ul
W
(6) In case the petition is not sufficient it may be withdrawn by
;• I'' the persons or a majority of the persons representing the signers of such
sr
N z
N petition, and may, within fifteen (15) days thereafter, be amended and
0
E41
refiled as an original petition. The finding as to the sufficiency of
a
d o any petition may be reviewed by the District Court of Weld County, upon
� [--
`V
HO application of any person signing such petition, but such review shall be
w ru
had and determined forthwith.
(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
60
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 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.
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61
(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
m o one person.
O ch v (b) An initiative petition shall set forth, in full, the
ca ordinance or resolution it proposes to initiate and no petition
a
ow
o shall propose to initiate more than one ordinance or resolution. A
oa
h w
2 referendum petition shall identify the ordinance or resolution, or
O
o part thereof, it proposes to be submitted to the voters for
w
approval.
M
a (c) Each signer of a petition shall sign his name, and after
w
0 .7
O his name, the date and his place of residence by street and number,
� z
w rural route and box number, or by other customary designation,
co E
a except that a post office box number shall be insufficient.
1/40 o
`° w (d) To each petition paper shall be attached an affidavit by
r
N z the circulator thereof, stating the number of signers and affirming
N <
that each signature is the genuine signature of the person whose
ti a
w
a name it purports to be, and that it was made in the presence of the
cr N
N Ln affiant. Such petition shall be filed with the Clerk who shall,
ti o
Pa w 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
62
mail the person filing such petition and fifteen (15) days from such
notification shall be allowed for the filing of supplemental
petition papers.
(e) A referendum petition shall be void unless filed in the
first instance with the Clerk within thirty (30) days after the
effective date of the ordinance or resolution to which such petition
refers. The time for review of the petition papers , if necessary,
shall not render the petition void because of the aforesaid time
limit. When a petition with sufficient signatures is filed within
the time allowed, the Clerk shall present the petition to the Board
at its next regular meeting.
(2) Board Action.
Upon presentation to the Board of an initiative or referendum
petition, the Board shall, within thirty (30) days, either:
(a) Adopt the ordinance or resolution as submitted by an
initiative petition;
(b) Repeal the ordinance or resolution, or part thereof,
referred to by a referendum petition;
(c) Submit the proposal provided for in the petition to
the electors .
(3) Submission to Electors.
Should the Board decide to submit the proposal to the electors,
it shall be submitted at the next general election held in the
County or, at the discretion of the Board, at a special election;
provided, however, that if no general or special election is to be
held in the County within 120 days after presentation thereof, the
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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
Ln U measures.
0
o (b) The result of all elections held under the provisions
r- C.)
q of this Section shall be determined by a majority vote of the
a
0 3 electors voting thereon.
'rCA (c) An ordinance or resolution adopted by the electorate
v through initiatory proceedings may not be amended or repealed
w
n a by the Board for a period of two years and a resolution or
.. x
• ' a ordinance repealed by the electorate may not be re-enacted by
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oo, U the Board for a period of two years.
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N H (d) If two or more ordinances or resolutions adopted at
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o z the same election shall have conflicting provisions, the
w
• w provisions in the ordinance or resolution receiving the highest
� w
N z number of affirmative votes shall prevail as to such conflict
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N f4
o and the adopted ordinance or resolution receiving the lesser
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a number of votes, to the extent it is severable, shall
� nevertheless be effective except as to the matters of conflict
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PI w 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.
64
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.
(18) Employees -- All persons in county service who are not
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(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 registered to vote in Weld
County, State of Colorado, and otherwise qualified to vote in a
general election under the laws of the State of Colorado. The term
is synonymous with registered voter, registered elector, elector or
voter.
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(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.
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(5) If a majority of the electors voting thereon vote for a
proposed amendment, the amendment shall be deemed approved. If a
majority of the electors voting thereon vote for repeal of the charter,
the charter shall be deemed repealed and the County shall proceed to
organize and operate pursuant to the statutes applicable to statutory
counties.
(6) A proposed amendment to the Charter shall be confined to a
single subject which shall be clearly expressed in its title.
(7) No proposal for a charter commission, charter amendment, or
repeal of a charter shall be initiated within twelve months after
rejection of a substantially similar proposal. No proceeding contesting
the adoption of a Charter amendment shall be brought unless commenced
within one hundred eighty days after the election adopting the measure.
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 be maintained,
carried on or dealt with by the County department, office or agency
appropriate under this Charter.
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(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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