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Home My WebLink About911108.tiff RESOLUTION RE: REPEALING AND REENACTING ALL RESOLUTIONS AND MOTIONS OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY WITH REGARD TO THE ESTABLISHMENT AND STRUCTURE OF THE WELD COUNTY COMMUNITY CORRECTIONS BOARD AND ESTABLISHING THE WELD COUNTY COMMUNITY CORRECTIONS BOARD AND APPOINTING ITS MEMBERS WHEREAS, the Board of County Commissioners of Weld County has previously established and maintained a Weld County Community Corrections Board by and through certain resolutions and motions, including, but not limited to, Resolutions dated July 20, 1981, and November 30, 1981; and WHEREAS, the Board of County Commissioners of Weld County is now desirous of compiling the provisions of these previous Resolutions and replacing said Resolutions with one comprehensive creating resolution; and WHEREAS, the Board of County Commissioners of Weld County has determined it to be in the public interest to establish a functional Weld County Community Corrections Board in accordance with Section 17-27-103, C.R.S. , as amended; and WHEREAS, said Weld County Community Corrections Board shall be established to accomplish the purposes of Article 27 of title 17 of the Colorado Revised Statutes, as amended, through the specific powers and responsibilities set forth in the By-laws of said entity as approved herein by the Board of Weld County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that all Resolutions and Motions previously enacted by this Board establishing and organizing the Weld County Community Corrections Board, including but not limited to Resolutions dated July 20, 1981, and November 30, 1981, are hereby repealed in their entirety and replaced by this Resolution. BE IT FURTHER RESOLVED that there is hereby established the Weld County Community Corrections Board. Said entity shall be a functional corrections board and is established to accomplish the purposes of Article 27 of title 17 of the Colorado Revised Statutes, as amended. BE IT FURTHER RESOLVED that the proposed By-laws of the Weld County Community Corrections Board, attached to this Resolution and incorporated herein by reference, are hereby approved. The Weld County Community Corrections Board shall have the duties, responsibilities, express powers and the authority set forth in the By-laws to accomplish the purposes of Article 27 of title 17 of the Colorado Revised Statutes, as amended. BE IT FURTHER RESOLVED that the Weld County Community Corrections Board shall be composed of the following persons or their properly designated representatives: 911108 `� GG'. WC‘—e— P Ca) ) US) KrtiE0/'30) Da- o cA Page 2 RE: COMMUNITY CORRECTIONS BOARD 1. The Chief Judge for the 19th Judicial District of the State of Colorado. 2. The District Attorney for the 19th Judicial District of the State of Colorado. 3. The Chief Probation Officer for the 19th Judicial District of the State of Colorado. 4. A member of the Weld County Bar who is not a member of the District Attorney's Office for the 19th Judicial District of the State of Colorado. 5. A representative with law enforcement background. 6. In addition, three other persons appointed at-large. The positions or representatives of the Chief Judge, the District Attorney, and the Chief Probation Officer shall serve terms, the length of which shall be at the pleasure of those respective positions. The Weld County Bar member, the member with law enforcement background and the three at-large members may serve a three year term with eligibility for reappointment for additional terms. BE IT FURTHER RESOLVED that the following individuals are appointed to membership on the Weld County Community Corrections Board for a term expiring on the date set opposite of their respective names: Representative Appointee Term Expiration District Attorney, 19th Judicial District Thomas Quammen August 1, 1994 Representative of the Chief Judge, 19th Judicial District Honorable William West August 1, 1994 Representative with Law Enforcement Background Richard Evans August 1, 1993 Chief Probation Officer, 19th Judicial District Lee Steele August 1, 1993 Member of the Weld County Bar Keith McIntyre August 1, 1992 At-Large Member Carolyn Mettler August 1, 1992 At-Large Member Sandii Turner August 1, 1994 At-Large Member Ray Mora August 1, 1993 911108 Page 3 RE: COMMUNITY CORRECTIONS BOARD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: DD�,,, WELD COUN LO 0 Weld C er t 8�fd J Gordo y, man By: (/ 4-4 j��pJ /� �.> /// DeputerkBoard NZ/�-�z ,_Le--7---" -~--05.__ Geoj e Kenn dy, Pro-Tem APPROVED AS FORM: Constance L. Harbert /711-4 County Attorney 711 C. W. Kir y kik zu,44,A, W. H. Webster 911108 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS ARTICLE I NAME Section 1 The name of the entity shall be the Weld County Community Corrections Board, hereinafter referred to as "the Board". Section 2 The principal office of the program shall be located in the County of Weld, State of Colorado, at such place as the Weld County Board of County Commissioners, hereinafter referred to as "the Commissioners", may determine from time to time. ARTICLE II COUNTY COMMISSIONERS Section 1 The ultimate authority for the operation of community correctional facilities and community correctional programs lies with the Weld County Board of County Commissioners. Section 2 The Commissioners have established, under Title 17, Article 27 of the 1973 Colorado Revised Statutes. (Sec. 17-27-101 et seq. , C.R.S. 1973, as amended, and Weld County Resolutions dated July 20, 1981, and November 30, 1981, the Board and delegated to it such powers as are necessary to accomplish the purposes of community corrections as established by the above mentioned statute. Section 3 The Commissioners, shall reserve the right to veto any action taken by the Board, except for personnel actions taken by the Board with respect to the Administrative Assistant. Section 4 The Board will deliver to the Commissioners minutes of all scheduled or unscheduled meetings. Section 5 The Board shall not have the power to over-ride a veto of the Commissioners. Page 1 of 8 911108 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS ARTICLE III PURPOSE Section 1 As authorized under Title 17, Article 27 of the 1973 Colorado Revised Statutes. (Sec. 17-27-101 et seq. , C.R.S. 1973, as amended, and Weld County Resolutions dated July 20, 1981, and November 30, 1981, the Board's purposes are to: (1) Operate as a functional board responsible for establishing and enforcing standards for the operation of any community correctional facilities and community correctional programs in Weld County. (2) Establish and enforce standards for the conduct of offenders placed in the community correctional facilities and community correctional programs in Weld County. (3) Establish procedures for screening for offenders who will be placed in any community correctional facility or community correctional program in Weld County. (4) Exercise its authority to accept, reject or reject after acceptance the placement of any offender in a community correctional facility or community correctional program pursuant to any contracts or agreements with the Colorado Department of Corrections or any Colorado Judicial District. (5) Operate under the procedures set forth in Title 17, Article 27 of the 1973 Colorado Revised Statutes and any amendments or revisions thereto. (6) Require implementation by the community correctional facilities and community correctional programs in Weld County of the rules, regulations and standards set forth by the Division of Criminal Justice of the Colorado Department of Public Safety. (7) Execute contracts subject to the approval of the Commissioners with the Division of Criminal Justice of the Colorado Department of Public Safety and any service and program providers concerning the operation of any community correctional facilities and community correctional programs in Weld County. (8) Authorize disbursement of funds appropriated to or received by the Board, subject to the veto power of the Commissioners. Page 2 of 8 21.1.1.408 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS ARTICLE IV AUTHORITY Section 1 The Board will operate under the procedures set forth by 17-27- 103, et seq. , C.R.S. 1973, as amended, which states that, "The governing Board of any unit of local government may establish corrections board". ". . .the governing board may delegate to such corrections board any powers necessary to accomplish the purposes of this article." Section 2 The Board is established pursuant to Resolutions dated July 20, 1981, and November 30, 1981, as adopted by the Commissioners. ARTICLE V DELEGATED POWERS Section 1 The Commissioners delegate to the Board the authority to oversee the efficient and effective operation of the community correctional facilities and community correctional programs in Weld County. Section 2 All budget items will be subject to monthly review by the Board. Section 3 All budget revisions shall be reviewed by the Board. Section 4 The annual budget shall be approved by the Board prior to the first day of the Fiscal Year. ARTICLE VI FISCAL YEAR Section 1 The fiscal year of the Board shall be the twelve months beginning the first day of July and ending the last day of June. ARTICLE VII BOARD MEMBERS Section 1 Composition - The Board shall be composed of eight (8) members. Such appointments shall be made by Resolution of the Commissioners. The exact number may be changed from time to time with concurrence by the Commissioners. Page 3 of 8 31.1.1.0 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS The following persons are appointed to serve personally or through their properly designated representatives. (1) The Chief Judge for the Nineteenth Judicial District of the State of Colorado. (2) The District Attorney for the Nineteenth Judicial District of the State of Colorado. (3) The Chief Probation Officer for the Nineteenth Judicial District of the State of Colorado. (4) A member of the Weld County Bar who is not a member of the District Attorney's Office for the Nineteenth Judicial District of the State of Colorado. (5) A representative with law enforcement background. (6) In addition, three (3) other persons shall be appointed by the Commissioners. Section 2 Appointed Representatives - A roll call will be taken at each meeting to establish voting members present. Section 3 Term - Board members may be removed with or without good cause shown by action of the Commissioners. The representatives appointed by the Chief Judge, District Attorney, and Chief Probation Officer will serve at the pleasure of those positions. The Weld County Bar member, the member with law enforcement background and the other three members will serve a three year term and will be eligible for reappointment for additional terms. Section 4 Meetings - The Board shall meet at the time and place as shall be called by the Chair or any five members by five days written notice unless such notice shall be waived by all members. All meetings will be conducted pursuant to the Colorado Open Meetings Law, (Section 24-6-401, et. seq. C.R.S.) . Notices shall state the time and place of the meeting. Four (4) members of the Board shall constitute a quorum for general business and five (5) members shall constitute a quorum for policy issues. Any vote by a majority of a quorum shall be the act of all the Board. If a meeting of the Board has been convened with a quorum in attendance, a quorum shall be deemed to exist until the conclusion of such meeting. In the absence of a quorum, a majority of the members present may adjourn the meeting from time to time until a quorum be present. The Board will meet at least once each month. Page 4 of S 21.1108 /-,. WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS Section 5 Action Without Meeting - The Board may act without a meeting if a majority of the members approve such action and said action be duly ratified by members present at the next meeting of the Board. Section 6 Conduct of Meetings (1) Meetings of the Board shall be conducted according to traditional Parliamentary procedures; the Chair will rule on disputes. (2) Agendas for regular meetings will be prepared and distributed to the Board prior to each meeting whenever possible. (3) Minutes will be distributed prior to the next regular meeting whenever possible. Section 7 Compensation of Board Members - No Board member and no person from whom the program may receive any property or funds, shall receive, or be lawfully entitled to receive, any pecuniary profit from the operations of the program, and in no event and under no circumstances shall any part of the assets, whether principal, income or accumulations be paid as salary or compensation to, or be distributed to, or inure to the benefit of, any of the members or their successors, or any person or his heirs or personal representatives who shall contribute any money or other property to the program; provided, however, that any member may, from time to time, be reimbursed for his/her actual or reasonable expenses incurred in connection with the administration of the affairs of the program. Section 8 Any member who has three (3) unexcused absences from regular meetings during a fiscal year may be requested to provide justification to the Board. ARTICLE VIII OFFICERS Section 1 Officers of the Board shall consist of Chair, Vice-Chair and Treasurer. Section 2 Officers shall serve for two years, though eligible to run for additional terms. Page 5 of 8 x:1.15.?43 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS Section 3 Selection of Officers shall be made by the Board at the first regular meeting prior to October 1 of each odd numbered year by a vote of the total membership. Such vote may be by proxy or telephone prior to the meeting. Officers shall serve until the new Officers are duly elected. Section 4 Officer vacancies due to termination or resignation, shall be filled by a majority vote of the remaining Board members; the newly elected Officer shall only serve in that office the remainder of the term but shall then be eligible to run for a full term. Section 5 Duties of the Officers shall be as follows: (1) The Chair shall preside at all meetings of the Board. The Chair shall appoint chairs of all committees and shall serve as an ex-officio member of all committees. The Chair shall perform other duties designated by the Board. The Chair shall serve as the official spokesperson for the Board. (2) The Vice-Chair shall perform such duties as the Chair and/or the Board may designate. In the absence of the Chair, the Vice-Chair shall perform his/her duties. (3) The Treasurer shall be responsible for aiding in the preparation of the annual budget and reporting on expenditures from that budget on a regular basis. Section 6 Administrative Staff - There shall be an Administrative Assistant to assist the Board. The Administrative Assistant shall serve solely at the pleasure of the Board. The Administrative Assistant position shall be contingent upon adequate funding from contracts with the State of Colorado executed pursuant to Article 27 Title 17 of the Colorado Revised Statutes, as amended. Duties of the Administrative Assistant shall be as follows: (1) Maintain the minutes of all meetings. (2) Assist in functions of the Board. (3) Assist the Officers as needed. Page 6 of 8 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS ARTICLE IX COMMITTEES Section 1 The Board's Chair may appoint ad hoc committees as deemed necessary to deal with various matters of Board interest and concern. ARTICLE X AMENDMENTS Section 1 These Bylaws may be amended at any scheduled meeting of the Board by a majority vote of the Board members, and subject to approval by the Commissioners. Section 2 At least ten (10) days notice in writing shall be given to the voting members of any proposed amendments to these Bylaws. The written notice shall also include the proposed amendments. Section 3 Amendments to these Bylaws shall take effect when they have been approved and approval is acknowledged by the signatures of the Board Chair, and the Chair of the Commissioners. ARTICLE XI APPROVAL OF THE BYLAWS Section 1 These Bylaws will be in effect upon approval by a majority vote of the Board members and the Commissioners with such approval acknowledged by the dated signatures of the Board Chair and the Chair of the Commissioners. ARTICLE XII RELATIONSHIP WITH THE NINETEENTH JUDICIAL DISTRICT Section 1 These Bylaws in no way alter the ability of the Chief Judge of the Judicial District to contract with the Commissioners and/or Board as to the specific operation of the community correctional facilities or community correctional programs consistent with existing state law. Page 7 of 8 2/1.1.11_ ci WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS ADOPTED: WELD COUNTY COMMUNITY ECTIONS BOARD By: ::::://:;/// ��2�.�^-- ?-7.2O Chairman Date BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY By: 9/0746) Chai Dat ATTEST' d44 WELD COUNTY CLERK TO TN BOARD BY, TY CLER O E BOARD Page 8 of 8 .11.1aS Hello