HomeMy WebLinkAbout20240765.tiffRESOLUTION
RE: CONSIDER ADOPTION OF RULES OF THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Weld County Home Rule Charter Section 3-10 says, in part, "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." and
WHEREAS, the document entitled, "Rules of the Board of County Commissioners of Weld
County," is attached hereto and incorporated herein as Exhibit "A," and
WHEREAS, after review, the Board deems it advisable to adopt said Rules of the Board
of County Commissioners of Weld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Rules of the Board of County Commissioners of Weld County attached
hereto and incorporated herein as Exhibit "A," be, and hereby, is adopted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of April, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU , _
ATTEST: d� (AYE)
d,7.J�,iU Key' • _ •ss, Chair
Weld County Clerk to the Board
(AYE)
1OC1l l f . Perry L. B / , Pro-Tem
Deputy Clerk to the Board (AYE)
Mik: Freeman
APPVED Te ORM: � �I�,� (AYE)
County A orney l �'' =,'� �; ��� NAY
"131 I r -.-.,, me
Date of signature: `t & �j n Q e,Q \ j
cc: 8oCc(KF) Cfl(13104APE(RR/SS) PT -00-F)
04/.3/24
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Exhibit A
Rules of the Board of County Commissioners of Weld County
I. Weld County Home Rule Charter
A. Charter Section 2-2 says that "all executive, administrative, and legislative powers,
functions, duties and prerogatives now or hereafter possessed by Weld County is vested
in a Board of County Commissioners and in the Elected Officers" (Assessor, Clerk and
Recorder, and Sheriff) provided for by the Charter.
B. Charter Section 2-2 further says that "all 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 Board. The legislative powers of the
County shall be exercised only by the Board."
C. According to Charter Sections 3-8(1) and 3-8(2), "the Board is 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. It
shall exercise all powers of the County to determine policy and to enact legislation."
Section 3-8(3) then states that the Board is "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."
D. The Charter limits the authority of the members of the Board to voting at the Board's
regular and special meetings on "ordinance(s) in matters of legislation and
appropriations, and on "ordinance(s), resolution(s) or motion(s), as may be appropriate,
in other matters." Charter Section 3-8(4)(b).
E. Charter Sections 4-1(2) and 4-1(3) require the Board Chair to be responsible for the
coordination of the Department of Finance and Administration, and each of the other
departments to be coordinated by one of the other Commissioners. The Commissioner
Coordinators are appointed by the Board at its first meeting in January each year.
Charter Section 3-6(2). The term "coordinate" is not defined in the Charter.
F. Charter Section 3-10 states, "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."
II. Rules of the Board
A. Rule 1: Attendance at Meetings of the Board of County Commissioners.
Commissioners shall attend all meetings of the Board in person. Exceptions to this
attendance requirement shall be allowed when a Commissioner is out of town, has an
emergency, is ill or is caring for an ill immediate family member, has jury duty, or is
attending to imperative County business. Exception is also made for commissioners
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who wish to attend work session meetings virtually if such attendance is pre -approved
by the Chair. Commissioners who attend a work session meeting virtually must have
their cameras on at all times during the meeting. Any Commissioner who will not attend
a meeting must notify the Board of County Commissioners' office manager, and/or
designee, by 8:00 a.m. of the day of the scheduled meeting that he or she will be absent
and specify the reason(s) for the absence.
B. Rule 2: Appointed Commissioner Coordinators shall:
1. Compile information shared by department directors during departmental briefings
and communicate such information to the Board.
2. Communicate Board direction to the department directors and ensure that such
direction is carried out.
3. Work with department directors to set goals and track their progress toward
achieving those goals.
4. Consult with department directors regarding submittal of work session requests to
the Board.
C. Rule 3: Attendance at Briefings of the Appointed Commissioner Coordinator.
Only the appointed commissioner coordinator will meet for weekly briefings with
department directors. Commissioners who are not the appointed commissioner
coordinator may attend a weekly briefing upon invitation of the appointed commissioner
coordinator.
D. Rule 4: Speaking or Presenting During Meetings of the Board of County
Commissioners; Materials Disseminated to Persons in Attendance.
Commissioners attending meetings of the Board of County Commissioners shall speak
or present only upon being recognized by the Board Chair. Unless recognized by the
Chair to speak, Commissioners shall not speak to other persons in attendance at the
meetings while the meetings are ongoing. Commissioners shall remain seated during
meetings unless allowed or called to rise by the Chair. Any written materials given to
persons in attendance at the meetings must first be approved by the Board and shall
only be disseminated by the Chair.
E. Rule 5: Commissioner Entry into Elected Official and Employee Offices.
Commissioners shall enter an elected official's or employee's office only after first
knocking and asking permission to enter and then being granted such permission.
Commissioners in an elected official's or employee's office shall immediately leave upon
being asked to do so.
F. Rule 6: Commissioners Recording Conversations with Elected Officials or Employees,
or of Meetings of the Board of County Commissioners.
Commissioners shall not record conversations with elected officials or employees,
unless notice is given by the commissioner that the conversation is being recorded by
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the commissioner and consent to the recording is given by the elected official or
employee. Commissioners shall not record meetings of the Board of County
Commissioners. Commissioners have the right to obtain copies of official recordings of
Board meetings from the Clerk to the Board.
G. Rule 7: Speaking on Behalf of the Board of County Commissioners.
Only Commissioners who have been authorized to speak on behalf of the Board of
County Commissioners may do so. Any Commissioner attending a public meeting of a
public body, if such attendance is not pre -authorized by the Board, must disclose to that
public body that he or she is there on his or her own behalf and not on behalf of the
Board.
H. Rule 8: Commissioner Ex Parte Communication with Land Use Applicants.
Commissioners must not communicate with land use applicants or potential land use
applicants outside of the official hearing of the Board of County Commissioners ("ex
parte communications"). Commissioners shall use due diligence to determine if a
person wishing to communicate is a land use applicant or potential land use applicant.
Due diligence shall include, but is not limited to, checking the "Future Public Hearings"
list on the Board's Consent Agenda and speaking with the Director of Planning Services.
The Board Chair shall ask every land use applicant, at the start of the land use hearing,
if he, she or a representative of the applicant has had communications with a
Commissioner. If the answer is in the affirmative, they will then be asked by the Chair to
describe on the record the times and nature of such communications. Any
Commissioner who has had ex parte communications with a land use applicant or its
representative shall recuse himself or herself from participation in the hearing.
I. Rule 9: Additions to the Agenda of a Regular or Special Meeting of the Board.
A Commissioner desiring to submit a proposed ordinance, resolution or proclamation
may do so by submitting the proposed ordinance, resolution or proclamation to the Chair
and to the Clerk to the Board, on or before noon, one and one-half (1.5) working days
prior to a regular or special meeting of the Board.
J. Rule 10: Section 3-8(4)(b) of the Weld County Home Rule Charter says the following:
Unless otherwise required by statute, the Board shall act only by ordinance in matters of
legislation and appropriations, and by ordinance, resolution or motion, as may be
appropriate, in other matters. (Emphasis added.)
Actions taken by resolution of the Board of County Commissioners shall be with the
intent to resolve and memorialize its decisions or determinations regarding
administrative matters of Weld County within the Board's legal authority or responsibility,
granted to or required by federal law, state law or the Weld County Home Rule Charter,
including, but not limited to:
1. Memorialization of the election of the Board Chair and Chair Pro-Tem.
2. Setting the schedule for the Board's regular meetings and set the date and time for
special meetings, authorize publication of proceedings, and designate the particular
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public place for the posting of public notices and for the posting of notices of tax lien
sales and notices of properties going to deeds.
3. Appointment of Commissioner Coordinators and of Commissioners to certain
advisory boards.
4. Appointment of department directors, Treasurer, Coroner, Clerk to the Board, and
County Attorney.
5. Appointment of persons to Planning Commission, Board of Adjustment, and other
appointive boards and commissions.
6. Approval of contracts, agreements, change orders, and memorandums of
understanding and authorization of the chair's signature thereon.
7. Approval of leases, property purchases and deed acceptances, property sales and
transfers, closures of roadways, and vacations of roadways.
8. Approval of oil and gas leases.
9. Approval of standard forms for use by departments.
10. Approval of bylaws of appointive boards and commissioners.
11. Approval or denial of land use applications, zoning permits.
12. Approval of improvements agreements and acceptance of collateral.
13. Approval or denial of liquor licenses.
14. Granting or denying appeals.
15. Approval of tax abatement petitions.
16. Approval of grant applications and authorization of the chair's signature thereon.
17. Declaring certain equipment as surplus.
18. Acceptance of certifications and other annual reports.
19. Approval of warrants.
K. Rule 11: Work sessions of the Board of County Commissioners shall be set on the
Board's calendar by the Board Chair, either by and through his or her own decision to
set the work session, or upon the direction of three (3) or more commissioners
communicated to the Chair to set the work session.
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III. Enforcement.
A. Information that a Commissioner has violated any of these Rules shall be presented to
and investigated by the Board Chair. The results of such investigation shall be reported
to the Board at a regular or special meeting of the Board.
B. Upon finding that a Commissioner has violated any of these Rules, the Board may, upon
a four -fifths vote of the Commissioners, order a written reprimand, a public censure, or
such other penalty as deemed just and appropriate, depending on the seriousness of the
violation and any mitigating circumstances. Such action shall be taken at a regular or
special meeting of the Board by resolution which details the facts supporting the action
taken in the resolution.
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