The URL can be used to link to this page

Browse Search

Home My WebLink About751045.tiff League of Women Voters of Greeley COUNTY HOME RULE INFORMATION WHY IS COUNTY HOME RULE AN ISSUE? County Home Rule (for any county desiring it) was authorized by state voters in 1970 as an amendment to the state constitution. Weld County voters approved that amendment by a 2 to 1 margin. Petitions requesting a County Charter Election were given to the Weld County Commissioners December 19, 1973 . If enough signatures are validated by the county clerk, the commissioners must call an election on the issue, on or before the next general election, November, 1974. HOW DOES THE COUNTY HOME RULE PROCESS GET STARTED? County Home Rule (CUR) is begun either by resolution of the county commissioners or, as in our case, by petition of 5% of the county's registered voters. In July 1972 and again in 1973 the Weld County Board of Commissioners declined to pass a resolution to that effect, when requested by the Government Council of the Greeley Area Chamber of Commerce Forward Together group. The commissioners felt that the public should initiate this change, and so they did. If a CHR charter commission is approved by the county voters, the 21 elected charter commissioners have 180 days to present a proposed charter for the people's approval. This charter could propose few or many changes. Or the commission might submit no charter. In other words, a "yes" vote in the first election would give the charter commission an obligation to study county government and recommend changes, if needed. The first election would not impose a new county government, but rather it would authorize and fund study and possible suggestions for change. WHAT KINDS OF CHANGES IN COUNTY GOVERNMENT ARE POSSIBLE? To date the only change possible in county government is struc— tural, not functional. So the charter commission could, for example, propose changing how a job is done or which official does that job, but they could not change the duties of county government. Only the state constitution and the general assembly can change the county's functions. The charter could change the assessor, say, to appointed rather than elected office, but it could not add to or subtract from the jobs the county must perform in assessing. This kind of change is called structural home rule. WHAT STRUCTURAL CHANGES COULD A CHARTER MAKE? -More county commissioners -Professional county manager -New commissioner districts -Appointed surveyor, coroner, -Reorganization of departments, treasurer, sheriff, etc. consolidation or division -New qualifications for office -Local, instead of legislative -County commissioners as policy salary setting makers rather than administra- -Changes in terms of office tors 75-/�75— I,, LW of Greeley County Home Rule Information Functional home rule is a possibility in the future. Because of the chance of changes in the area of CHR--for example the legislature might grant county commissioners some new powers-- some people want to wait a few years before initiating CHR in Weld County. By that time precedents probably will be established in other counties, precedents that could guide a Weld County Charter Commission in a local reorganization. HOW IS THE CHARTER COMMISSION SELECTED? The commissioners are selected at the same election that the charter convention is approved or denied. So, if the question is put to the public in the fall, we will vote for or against forming a CHR charter convention and vote for 21 commissioners. If it fails, the vote—getting members have nothing to do and so do not take office. " ` Any qualified voter of the county is eligible to serve on the commission. It is an unpaid post (although travel to meetings is paid) . The members are elected from the district in which they reside (six from each of our three county commissioner districts plus three at large) . Once a charter is presented, a special election is called 45 to 90 days later. If the charter is not approved, the commission submits a revised proposed charter to the people. The charter commission is disbanded upon acceptance of the proposed charter, or upon the acceptance or rejection of the revices proposed charter. If the charter commission fails to present any charter, and it gets two tries, a second and final commission is elected. WHAT WILL CHR COST? A minimum of one and a maximum of six elections would result from the initiation of the CHR proposal. A special election would cost about $26,000, while CUR voted on at a general election would cost very little extra. So that is a minimum of about $10,000 and a probable maximum of $100,000 in county funds which would be expended if this proposal reaches the ballot. This includes an estimate of the commission's secretarial, legal, expert witness, similar expenses. These, plus at least three public hearings, are paid by the county upon approval of the county commissioners. That averages about $1 per person in Weld County for having 21 citizens study county government and recommend changes. . LW of Greeley County Home Rule Information WHAT ARE THE PROS AND CONS? PRO CON -Give us local control of county -County government has proved government itself for 100 years. Why --Clatify.:a ;chain. of,.command change? -Let us change when we decide to -The legislature periodically by amending the charter changes things that need -Open jobs to more qualified changing candidates -Higher qualifications means -Eliminate unneeded offices higher salaries -Allow greater economy in govern- -Appointed officials could be ment non-residents -Give us more representation on -CHR is an expensive process the Board of County Commissioners we don't need -After 100 years it is time to -Appointed officials might be reevaluate county government less responsive to the public 1.30.4 League of WomE#n Voters of Greeley i WHAT IS A COUNTYICHARTER? A CountytCharter is the legal instrument that allows the people in a county to design the structure of their county government to suit their unique situation. I Without ounty Home Rule, we have County STATE Rule. The state requires specific county c' offices be filled, tells us whether we elect or - appoint them, and tells us how much we are to pay them. We must conform in every respect. . With Couxtty Home 'Rule WE decide how our 4 county is to be organized by going to the polls and approving ' a charter. Z th- z - s cln.t,-1 WHAT WILL A CHARTER DO FOR ME?IP j It can give you better/rrepresentatiou . ^t� _rte, if that is w at the people decide. (It can give you more profess sional staff through- job qualifications and increased salaries. It can give you more efficient govern— , V ; merit through consolidation of departments. ' \ It can make clear, for the first time, who \ is in charge of county government. WHAT CAN'T A CHARTER DO? It can't , grant new powers to the county, . /a.) y -7e only reassign duties among departments. It ° 1 can't take powers away from the county. i i It can't change anything but the struc- ture, the fore, of county government. I WHY BOTHER? Because the presen5form of county government was created 100 years ago, w- n Aa rt- (/).a.... 407u- s. 4 .c2- e.«r /Le ni. Becaus through t the s to in ' ', our coun lecte of iota re c ring " an dr gin eac oth r i • ' t ov@ p e and es nsi!b��i, ' es that are not •' r cl arly ass pied. -" a0. oat ...a ye d./..d; d a,.2s��v- Ca HOW DO WE GET A CHARTER? First, by petition from the public or by resolution ofithe county commissioners, we de- cide to electia charter commission to draw' up a . charter. ! I i i • • (HOW DO WE GET A CHARTER?) We elect 21 commissioners, 6 from each county district anki. 3 at large. Any registered voter may run. This elected charter commission has six months to study county government and recommend changes. If they think we can improve on the present struc— ture they will write a charter. Next, iearings are held for the public to examine and amend the charter. Forty—,five to 9O days later the public votes on the charter. If the charter fails, we have no change. If the charter is approved we have a new structure in county government, one we have chosen. If after a year or two we think more im— provement i':s possible we can amend the charterOtf • 2e e--4w iS- ounce a�.1 , But we can't amend our present county government :, we must have a charter for the state to allow us to change. WHAT ARE PEOPLE SAYING? Proponents and opponents tell us a charter could (depending upon its provisions) do the following things: • PRO • Give the commissioners more time for • policy—making by delegating authority to the employees they appoint. * Widen the list of available applicants for a job by taking the job off the ballot. �« �sah a- • Take the coroner, treafirer, assessor, clerk, sheriff or surveyor out of politics by having the . commissioners appoint them. * Make the commissioners the real head of county government and put a stop to buck-. passing. CON * Create unforseen problems by insti— tuting f government. • * Increase costs by increasing salaries. • Give the voters less voice in the selection of county officials; * Put government in the hands of out— siders who don't understand Weld's problom.,. r:• • • • SM� • , CCUINTY CNrRTE4 (See 1971 Act: NE) 1211 ) I . Charter can change structure only, not powers or duties. 2. An county can adopt a charter by a majority vote of the citizens. 3. Trine table: Minimum Maximum a. Resolution or petition calling for an election on or before the next general election, after public notice of 60 or more days. 60 730 b. List of candidates published 30 days after first notice. c. County commissioners divide county into three compact districts, nearly equal in population. d. County commissioners designate first meeting date of elected charter commission within 30 days of successful election. 0 30 e. Charter commission elects own chairman. f. Charter commission conducts "comprehensive • study of operation of county government and of the ways in which the conduct of county government might be improved. . ." 180 180 g. Commission submits proposed charter within 180 days. h. Charter commission holds three public hearings at intervals of 15 to 30 days. 45 90 i . If the commission fails to present a charter, they recess for 30 to 90 days and reconvene [30] [90] for 90 days after which they either submit a charter or are dismissed and a new charter D30] 0] commission is elected. [90] [90] • j. Referendum on charter 45 to 90 days after receipt of charter. 45 90 k. Charter takes effect on January I of succeed- ing year, or as the charter may provide. I . If the charter is not approved by the voters, the commission may submit a revised proposed charter to the electorate 90 to 180 days after the first charter election. [90] [180] m. Charter commission is dissolved upon accept- ance of the charter or revised charter, or upon disapproval of revised charter. Total Elapsed Time 330 days 2,210 digs 4. Charter Commissioners. a. Any qualified elector residing in the district who files a petition with 25 electors' signatures may run for office. b. Counties with less than 50,000 population elect 3 from a district and 2 at-large to total II commissioners. c. Counties with more than 50,000 population elect 6 from each district and , 3 at-large to total 21 commissioners. , d. Vacancies are filled by a majority vote of the charter commission. 5. Funding a. County Commissioners are "authorized to establish a special county fund and establish a mill levy therefor when the charter commission has siib- mitted a preliminary budget approved by the board of county commissioners.", b. Expenses are verified by a majority vote of the charter commission and submitted to the county commissioners. c. Charter commission may employ staff, retain experts, purchase or lease equipment and facilities. d. The county can accept funds, grants, gifts and services from the state and federal governments and from private sources for the special charter . fund. • 6. Approved charter may be amended or repealed by a majority vote of the elec- torate after resolution of the board of county commissioners or by petition (by 15% ;,L, for repeal , or 5% for amendments) of'qualified electors. 7. Every charter must contain procedure for initiative, referendum and 'recall 8f elected officers. No other restrictions on the charter have been Mode by• legi$la tlon. The new county government created by charter may take any structure ppprovpd by the voters so long as all, statutory functions are performea. • LEAD- OF lieMEN VOTERS OF GRRFTr; OCUNTY CHA R'PI•R (See 1971 Act: HB 1211 ) I . Charter can change structure only, not powers or duties. 2. An county can adopt a charter by a majority vote of the citizens. 3. Time table: Minimum Maximum a. Resolution or petition calling for an election on or before the next general election, after public notice of 60 or more days. 60 730 b. List of candidates published 30 days after first notice. c. County commissioners divide county into three compact districts, nearly equal in population. d. County commissioners designate first meeting date of elected charter commission within 30 days of successful election. 0 30 e. Charter commission elects own chairman. f. Charter commission conducts "comprehensive study of operation of county government and of the ways in which the conduct of county government might be improved. . ." 180 180 g. Commission submits proposed charter within 180 days. h. Charter commission holds three public hearings at intervals of 15 to 30 days. 45 90 I . If the commission falls to present a charter, they recess for 30 to 90. days and reconvene [30] [90] for 90 days after which they either submit a charter or are dismissed and a new charter [ 36] commission is elected. [90] [90] j. Referendum on charter 45 to 90 days after receipt of charter. 45 90 k. Charter takes effect on January I of succeed- ing year, or as the charter may provide. I . If the charter is not approved by the voters, the commission may submit a revised proposed charter to the electorate 90 to 180 days after the first charter election. [90] [180] m. Charter commission is dissolved upon accept- ance of the charter or revised charter, or upon disapproval of revised charter. Total Elapsed Time 330 days 2,210 days 4. Charter Commissioners. a. Any qualified elector residing in the district who files a petition with 25 electors' signatures may run for office. b. Counties with less than 50,000 population elect 3 from a district and 2 at-large to total II commissioners. c. Counties with more than 50,000 population elect 6 from each district and 3 at-large to total 21 commissioners. d. Vacancies are filled by a majority vote of the charter commission. 5. Funding a. County Commissioners are "authorized to establish a special county fund and establish a mill levy therefor when the charter commission has sub- mitted a preliminary budget approved by the board of county commissioners." b. Expenses are verified by a majority vote of the charter commission and submitted to the county commissioners. c. Charter commission may employ staff, retain experts, purchase or lease equipment and facilities. d. The county can accept funds, grants, gifts and services from the state and federal governments and from private sources for the special charter fund. 6. Approved charter may be amended or repealed by a majority vote of the elec- torate after resolution of the board of county commissioners or by petition (by 15% for repeal , or 5% for amendments) of'qualified electors. 7. Every charter must contain procedure for initiative, referendum and recall of elected officers. No other restrictions on the charter have been made by legisla- tion. The new county government created by charter may take any structure approved by the voters so long as all statutory functions are performed. Hello