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C9U1TY :V)iE dJLE P'"IS Al) 0::S
Compiled by County Commissioners' ^ffice
th the anpointnent of sone officials we may have more persons trained in those
fields with proven administrative abilities
--Possible promotion of greater efficiency in the nrovision of services
--Possible promotion of economy of scale and coordination of services
--Possible reduction of the amount of government fragmentation
- possible arena for .ringing together the resources of the central city and
surroun!inn areas
--Possible reduction or voiding of the need for creation of special districts or
authorities
--:;ore representation from increased number of commissioners, if charter provides
for morn than the present three
--Possibility of improving the present structure with more qualified people hired
instead of elected
--Lack of established precedent encourages innovation
--Allows for re-evaluation of county government
--from tie :iational Association of Counties on ilav 1r, 1972: "The traditional role
of the county, an administrative arm for the state Government to manipulate at will
should be changed. The increased range in county government services necessitates
• a degree of structural, financial and functional flexibility. Counties are at the
crossroads of massive readjustment; counties, more than any other unit of government,
have been hit the hardest by the recent urbanization trends--counties with rural and
urban counterparts rust face the dilemma of rural decline and suburban expansion."
--. n powers or duties of county government can be changed by county home rule
--Possible loss of rural influence
--possible loss of grassroots control of some elected officials or decreased voice in
selection of county officials
--rryg precedents in the nation. to guide us, especially in Colorado
--Costs of county government may increase considerably:
-up to :1f",f•)C fO for elections
-people with high qualifications will demand higher salaries
-additional commissioners will entail more salary expense —
--Inoossible to "take politics out" by appointing instead of electing persons to
offices
--Possibly appointed county officials would not even have to be residents of the
county
--If commissioners specialize (road commissioner, water commissioner, etc. ) they
could possibly become too centralized or develop competitive factions
--A larger board of commissioners might prove un'•reildy
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)n January 17, 1972, Soulder County Commissioners charged a Nome gule Study Com-
mitten to determine whether or not change was needed in their form of county govern-
ment and would adentinn of home rule he beneficial . The Committee reported:
". . .majority of Committee felt Pomo Mg could substantially increase cost of county
goy'≥rnment; felt Commissioners had adequate owner to deal with present and immediatei
foreseeable problems of county government; County Nome Pule could lead to sub-
stantial changes in county government: (a) traditional election process could be
changed in many ways (ccul-1 be partisan, non-partisan, could be district or at-large
election of Cimmissioners, or election date couli be altered); (h) number of Com-
missioners could he increased so county man.eger or other executive officer would
probably be appointed or elected; Cc) voter lac!: of control over the manager--can
an appointed manager be recalled or be given a vote of confidence; (d) County Home
' ule would permit apnointnent of officials who are now elected; would probably
require a County Civil Service System." /
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41,OUNTY HOME RULE PROS AND CONE •• .
PROS:
--With the appointment of some officials we may have more persons trained in those
fields with proven administrative abilities
--Possible promotion of greater efficiency in the provision of services
--Possible promotion of economy of scale and coordination of services
--Possible reduction of the amount of government fragmentation
--A possible arena for bringing together the resources of the central city and
surrounding areas
--Possible reduction or voiding of the need for creation of special districts or
authorities
--More representation from increased number of commissioners, if charter provides
for more than the present three
--Possibility of improving the present structure with more qualified people hired
instead of elected
--Lack of established precedent encourages innovation
--Allows for re-evaluation of county govez,meent
--from the National Association of Counties on May 19, 1972: "The traditional role
of the county, an administrative arm for the state government to manipulate at will
should be changed. The increased range in county government services necessitates
a degree of structural, financial and functional flexibility. Counties are at the
crossroads of massive readjustment; counties, more than any other unit of government,
have been hit the hardest by the recent urbanization trends---counties with rural and
urban counterparts must face the dilemma of rural decline and suburban expansion."
CONS:
--No powers or duties of county government can be changed by county home rule
--Possible loss of rural influence
--Possible loss of grassroots control of some elected officials or decreased voice in
selection of county officials
--Few precedents in the nation to guide us, especially in Colorado
--Costs of county government may increase considerably:
-up to $100,000.00 for elections
-people with high qualifications will demand higher salaries
-additional commissioners will entail more salary expense
--Impossible to "take politics out" by appointing instead of electing persons to offices
--Possibly appointed county officials would not even have to be residents of the county
--If commissioners specialize (road commissioner, water commissioner, etc.) they could
possibly become too centralized or develop competitive factions
--A larger board of commissioners might prove unweildy
On January 17, 1972, Boulder County Commissioners charged a Home Rule Study Committee
to determine whether or not change was needed in their form of county government and
would adoption of home rule be beneficial. The Committee reported: ". . . majority
of Committee felt Home Rule could substantially increase cost of county government;
felt Commissioners had adequate power to deal with present and immediately foreseeable
problems of county government; County Home Rule could lead to substantial changes in
county government: (a) traditional election process process could be changed in many
ways (could be partisan, non-partisan, could be district or at-large election of Commis-
sioners, or election date could be altered) ; (b) number of Commissioners could be
increased so county manager or other executive officer would probably be appointed or
elected; (c) voter lack of control over the manager--can an appointed manager be recalled
or be given a vote of confidence; (d) County Home Rule would permit appointment of
officials who are now elected; would probably require a County Civil Service System."
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SUMMARY OF HOUSE BILL 1211 (effective 1/1/72) REGARDING COUNTY HOME RULE
36-28-1 Any county may establish the organization and structure of county
home rule if approved by voters.
36-28-2 Charter Commission
(a) by resolution of county commissioners -
(b) petition of at least 5% of registered qualified voters
(c) board of county commissioners shall call an election
(1) to determine if charter commission should be elected
(2) publish notice of election 60 days prior
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(2) (A) Districting of county •
(1) three districts
(2) nearly equal population
(3) (A) Charter commission members
(1) 21 members
(a) six from each commissioner's district
(b) three at large
(2) any qualified voter may serve . . .
(4) Candidates
(1) a nomination petition ..
(a) 25 signatures Lieu registered qualified voters
(b) filed 30 days after election notice
36-28-3 Election on formation of charter convention and designation of members
(a) electors vote for or against charter and "
(b) cast ballots for charter members
(1) if charter is passed, the candidates with highest number of votes.
shall be elected; if- tie, determined by lot • -
36-28-4 Development of proposed charter; Commission shall:
(a) meet thirty days after election
(b) elect chairman and vice chairman
(c) be under sunshine law
(d) quorum with a majority
. (e) adopt rules for proceedings .
(f) receive no compensation
(g) be reimbursed for expenses
(2) The charter commission shall conduct a comprehensive study of the
operation of county government and of the ways in which the conduct of
county government might be improved or reorganized
a within 180 days, present charter to county commissioners _
( ) Y
(b) three hearings (notices published)
(c) may be amended within 10 days of last hearing
(3) If charter not presented to board of county commissioners
(a) commission shall recess 30 to 90 days
(b) second charter must be presented bo board within 90 days
(c) if second attempt fails commission members are excused and commission
dissolved -. .. -
(4) The board of county commissioners is authorized to establish a special
county charter fund and establish a mill levy
36-28-5 Upon submission to the board of county commissioners of a charter by
the charter commission, the county commissioners shall
(a) call a special election at charter fund expense
(b) publish complete text of charter
(c) publish notice of election
(2) If adopted, charter shall become effective
(a) January 1 of succeeding year
(b) at time charter may provide
(3) It not passed
(a) a revised charter shall be prepared
(b) second election 90 to 180 days after the first election
(c) if sncnnd charter opposed, no new referendum may be held during the
Fr
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SUfl1ARY OF HB 12?1ontd
(4) Upon acceptance or rejection of charter, the charter commission will
be dissolved.
36-28-6 Procedure to amend or repeal charter; to amend:
(a) petition with signatures of 5% of registered qualified voters
(b) resolution by board of county commissioners submitted to qualified
voters
to repeal:
(a) petition with signatures of 15% of registered qualified voters
(3) (a) Within 30 days the board of county commissioners shall publish notice
of and call a special election within 30 to 120 days after publication
36-28-7 Twenty days after voter approval a certified copy of charter shall
be filed with the county clerk and the division of local government
36-28-8 Initiative, referendum and recall shall be provided for in charter.
36-28-9 Any proposal rejected shall not be resubmitted within 12 months.
36-28-10 Publish means one publication in one newspaper of general
circualtion in the county.
36-28-11 For home rule counties, the term 'board of county commissioners".
shall mean the governing body of the counties.
36-28-12 No proceeding contesting the adoption, amendment, or repeal of the
charter shall be brought unless commenced within 180 days after the election
adopting the measure.
36-28-13 Officers shall be provided for by the charter.
• League of Women Voters o•reeley-Weld •
COUNTY HOME . u 4E IMrOi MATIo 1
What are the pros and cons?
PRO CON
--Give us local control of county --County gover*'.icnt has proved itself
government for 100 years. Why change?
--Clarify chain of command --The legislature periodically changes
--Let us change when we decide to by things that need cl-angirg
amending the charter --Higher qualifications rein higher
--Open fobs to mo-ce qualified salaries
candidates --Appointed officials co;:ld be
--Eliminate unneeded offices non-resiO_-ts
--Allow greater ec.cnomy in government --CHR is an expensive process we
--Give us more representation on the don' t neJd
Board of County Commissioners --Appointed officials might be less
--After 100 years it is time to responsive to the public
re-evaluate county government
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 consitution. 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 on December 19, 1973. Enough signatures
were validated by the county clerk; the commissioners then called an election on
the issue for November 5, 1974.
How does the County Home Rule process get started?
County Home Rule (CHR) is begun either by resolution of the county commissioners
or, as in our case, by petition of 57, 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 recom-
mend changes, if needed. The first election would not impose a new county govern-
ment, 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 structural, 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 the 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 jets the county must perform in assessing. This kind of change is called
structural homey 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 administrators
--Changes in terms of office
Functional home rule is a possiblity in the future. Because of the chance of
changes in the area of CHR--for example the legislature might grant county com-
missioners some new powers--some people want to wait a few years before initiating
CHR in Weld County. By that time established precedents could guide a Weld County
Charter Commission in local reorganization.
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LWV of Greeley-Weld
County Home Rule Information
How is the Charter Commission selected?
The commissioners are selected at the same election the the charter convention
is approved or denied. So, we will vote for or against firming a CHit chater
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 com-
missioner districts, plus three at large).
Any qualified toter 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 com-
missioner 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 pro-
posed charter, or upon the acceptance or rejection of the revised 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. The cost of CHR on the November 5, 1974, ballot has not
been completely itemized at this point. If CHR is passed on November 5, the cost
of the next special election would be about $26,000. This includes an estimate
of the commission's secretarial, legal, expert witness, similar expenses. These,
plus at least rhree 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.
9.26.4
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