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04 Ch. 105 COUNTY POWERS AND FUNCTIONS 349 1
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House Bill No. 1211. By Representatives Newman, Safran, Strahle, Fuhr li Schmidt, Moore, I1f ',
to i3yerly, Horst, Johnson, Miller. Sack, Sonnenberg, Sooter, Stonebraker, and Strang; also Sena-
tors L. Fowler, Strickland, Armstrong Dines, Anderson, Bermingham, Calabrese, Cisneros De-
Berard, Decker, Enstrom, H. Fowler, O Jackson, Kinnie, Klein, Kogovsek, MacManus, V. Man- ;
sari, Minister, Noble, Ohlson, Parker, Roland, Schieffelin, Shoemaker, Stockton, Taylor, and
Williams. •
AN ACT
RELATING TO LOCAL GOVERNMENT; AND PROVIDING PROCE- i,
DURES FOR THE ADOPTION OF COUNTY CHARTERS, PRO-
VIDING FOR THE ELECTION AND OPERATION OF A
CHARTER COMMISSION, AND PROVIDING FOR A REFEREN- , l
DUM.
WHEREAS, In November of 1970 the electors of this state adopted ;' ' 'I
amendment no. 3, being an amendment to the constitution of Colo-
rado; and
WHEREAS, Said amendment to the Colorado constitution among . (
other things provides for adoption of county charters; and
WHEREAS, It is in the best interest of efficient county government
that legislation be enacted to permit counties to locally initiate and
adopt county charters; now, therefore,'
Be it enacted by the General Assembly of the State of Colorado:
Section 1. Chapter 36, Colorado Revised Statutes 1963, as amended, I.
I
is amended BY THE ADDITION OF A NEW ARTICLE to read:
E —
ARTICLE 28
COUNTY HOME RULE CHARTERS
I 36-28-1. County home rule charters. Any county in this state may !pursuant to the provisions of this article establish the organization and
structure of county government which shall be submitted to and
adopted by a majority vote of the registered qualified electors of the 11
county which shall be known as a county home rule charter.
36-28-2. Charter commission. (1) Following the adoption of a reso- HI.; i i
lotion by the board of county commissioners, or upon the submission of III,r
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360 COUNTY POWERS AND FUNCTIONS Ch. 105 Ch. 105
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a petition of not less than five percent of the registered qualified elec.tors of the county, requesting that a charter commission bewithin
established, elect a
the board of county commissioners shall call an election to be held on ther m(
!1 : or before the next general election for the purpose of determining man or
whether or not a charter commission shall be elected. The board of shall be
county commissioners shall publish notice of the election at least sixty constitu
days prior to the election.
,tits open
I (2) (a) At least sixty days before the election provided for in sec- bers of
tion 36-284, the board of county commissioners shall divide the county horsed i
I into three compact districts; such districts to be as nearly equal (2)
in
population as possible, for the purpose of electing charter commission
members by district according to subsection (4) of this section. the ope
I (b) If the duct of
provisions of subsection (2) (a) of this section are not one huh
met before sixty days prior to the election provided for in section , sion sh
. ' I 36-28-3, no member of the board of county commissioners of the county ofanter,
shall thereafter be entitled to or earn any compensation for his ser- publicpf not I
i any mem-vices or receive any payment for salary or expenses, nor shall 1
I her be eligible to succeed himself in office. each pc
county.
(3) (a) The charter commission shall consist of the following mem-
' ' be;s and be elected from the district as follows: commis:
l I propose
I , (b) In counties having a population of less than fifty thousand, propose(
eleven members, three of which shall reside in and be elected from each
commissioner district within the county and two to be elected at large. erendun
' (c) In counties having a population (3)
d or more, charter
i I ii
1 twenty-one members, six of which shall reside rin and f obenelected from charter
each commissioner district and three to be elected at large.
nor mor
„ the eves
i- i'
. fled electors of the county. Any vacancy in the charter commis charter
commission call the
shall be filled by majority vote of the members of the charter commis- m
aion.
commis;
(4) Candidates for the charter commission shall be nominated by its dutii
filing with the county clerk, on forms supplied by the clerk, a nomina- of the
tion petition signed by at least twenty-fivecommis;
of the county and a statement by th candidate consenting qualified to serve if
charter
elected. Said petition and statement must be filed within thirty days 36 28-2
after publication of the election notice. A second notice of the election (4)
special i
i shall be published by the said commissioners and include the names of
candidates for the charter commission. charter
36-28-3. Election on formation of charter convention and designation the boa
mission
I i of members. (1) At the election, voters shall cast ballots for or shall be
;I i against forming the charter commission. If a majority of the registers which a
^I qualified electors voting thereon vote for forming the charter commis- ment s}
j II ion, a commission to frame a charter shall be deemed formed.
may commies
(2) At the election, voters shall also cast ballots for electing the re- an pu
eu
I quisite number of charter commission members. Those candidates re- board o
�l ' ceiving the highest number of votes shall be elected. In the event of
tie votes for the last available vacancy or vacancies, the clerk shall de- go ernm
termine by lot the person or persons who shall be elected.
sources,
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36-28-4. Development of proposed charter. (1) A charter commis-
sion elected pursuant to section 36-28-3 shall meet on a date designated 36-28
by the board of county commissioners for the Upon su
purposes of organization the chai
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Ch. 105 COUNTY POWERS AND FUNCTIONS
351 i shalwithin thirty
days after the election. The charter commission Fur-
ther call of the chair-
elect a chairman and suite-chairman from among its membership. I I :
man me a nm of the commission shall held up
I
man or majority the members of the of theccharter10n. All commiss omeetings
shall i
constitute n be open to the public.e A issio may adopt such other rules for l \ 1
I� '
I a 4und proceedings as s it deems necessary or desirable. Mem-
be operations and p
bers of the commission shall
es pursuant to law.pensation but shall be reim-
bursed for necessary exporehensive studyI
(2) The charter commission governmentllandconduct
of cthe ways in which the n- �;'I
the operation cou y county gbe
duct u county days its
improved or the n harterd. Within commis- F; '
one hundred eighty days after its initialt meeting
sion a shall present
which it shall the board of ha a held three public hearings e ae t of rvtheses
oharter, upon days, to i
public f not less than shallfifteen nor more than less ssty irte within the
be published not than fifteen days prior
public hearings
of general charter
coa newspapers the
_ _ _ coun Wihearing, inpublic hearing
county. Within ten days of the last amendmets it deems desirable. A
majority mmitov shall f incorporate members
any.
proposed charter a of the members nt the hall abet required
i to n iforward n favor og id t
he for d the county I,,
charter to the board of county commissioners for the setting of a ref-
erendum election as provided in section 36-28-5. .
(3) In the event that the charter commission fails to present d a r ,
charter to the board of county commissioners after the specified time, the i '.
L
charter commission shall recess for a period of not less than thirty I,
all more ha incommissionThe
to begin a county
s cond commissioners
to preshall
sentthen
a
call the charter period of ninety days. In
charter which shall be presented within a ; l
the event a second attempt to present a charter to the board of countye excused from I
commissioners tsduties also fails,by thehboard.cAllnrecords,ission sfiles,hall band proceedings
its and dissolved i
as a public record. A new
of the charter commission shall be submitted to the board of county
commissioners m for storage and safekeeping provided in section I '
charter commission shall be elected on dissolution as V I
36-28-2.
(4) The board of county commissioners is authorized t establish a .
re ami budget thr when he it .
special county charter fundbmdttedteall p a mill levy therefor when the
commission s of the approved by
charter expense
commissioners. The ,
mission
board of county a majority vote of the commission and
salshall be verified by commissioners for app
shall be submitted to the board of county roved, Pay ,
which approval shall not be unreasonably
withheld.
tharter fund.The charter ii,
cammen shall be made femploy o the special consult and retain experts, and : i
may purchase,
may , a staff, may materials, j
or otherwise provide for such supplies,odesirable. The I
may equipment sn, lease, le. and II' I '
and t and facilities as it de accept funds, grants, gifts, i ' i ' j
board of county commissioners m may
of its agencies, or other �i;I
services for the charter commission from the state of Colorado, the
government of the United States or any Ills
sources, public or private. I
36.28.5. Referendum election on charter -- adoption or rejection. (1) I
Upon submission to the board of county commissioners of a charter by
the charter commission, the board of county commissioners shall call a P'
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II VI
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' I 352 COUNTY POWERS AND FUNCTIONS Ch. 105 Ch. 105
special election to be paid for from the special county charter fund to procedur
be held pursuant to the Colorado election laws not more than ninety shall col
i days nor less than forty-five days subsequent to its receipt of the pro- mation a
j posed charter; and the board of county commissioners shall publish in a (4) 1
t newspaper of general circulation within the county a complete text of
vote
the proposed charter not less than ten days prior to the special elec- , roved.for
1 • tion. At the special election a referendum of the registered qualified vote for
electors of the county shall be held to determine the question of and the
i I whether the proposed charter as submitted shall be adopted. Notice of statutes
i the election on the proposed charter shall be published at least thirty i I days prior to the election. 36-28-1ap3ro2al.
( (2) If a majority of those voting on the question favor the adoption of local i
• of the charter, the said charter shall become effective January 1 of the (2)
succeeding year, or at such other time as the charter may provide. Such charter.
charter once adopted by the electors may be amended only by the
registered qualified electors of the county. 36-28-
• taro pre
(3) If a majority of the voters disapprove the proposed charter, the recal
the charter commission may proceed to prepare a revised proposed
! • charter in the same manner provided for preparation, submission, and for 3648-a
* --- i .I election on the proposed charter. The election on any revised proposed for c
shall be
charter must be held not less than ninety nor more than one hundred tially sir
• and eighty days after the election rejecting the proposed charter. The
I charter commission shall not submit more than one proposed charter 36-28-
I and one revised proposed charter. If a majority of the voters disapprove one pub
the proposed charter, or the revised proposed charter, if one is sub- there is
mitted, no new referendum may be held during the next twelve months three pu
! following the date of the last disapproval. 36-28-
(4) Upon acceptance or rejection of the proposed charter or the re- For hoi
_ i vised proposed charter, if one is submitted, by the registered qualified shall m
electors of the county, the charter commission shall be dissolved, and bers of
' ! all property of the charter commission shall thereupon become the body, al
! property of the county, and the board of county commissioners shall for the
1 adopt a resolution to that effect. ute or
rule cou
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36-28.6. Procedure to amend or repeal charter. (1) (a) Action to 36-28•
amend a charter shall be initiated by: charter,
(b) A petition or petitions signed by at least five percent of the commer
registered qualified electors of the county; or the mea
(c) Resolution adopted by the board of county commissioners sub- 36-28
mitting the proposed amendment or amendments to the qualified elec- appoint
I tors. office e
the cha
I :I (2) (a) Action to repeal a charter or to form•a new charter corn- by stet
mission may be initiated by: tively I
(b) Petition or petitions signed by at least fifteen percent of the ute. Nc
registered qualified electors of the county. pensatic
(3) (a) Within thirty days of initiation of a proposed amendment, was elec I repeal, or charter convention measure, the board of county commission- Sectic
ii i ers shall publish notice of and call an election to be held not less than 1972.
1 thirty nor more than one hundred twenty days after said publication. 7Sectii
2.
The text of any proposed amendment shall be published with said no-
tice. . mines,
potion c
I (b) If the proposal is for a charter commission, the election shall
be scheduled at least sixty days after publication of the notice. The Appr
a • •
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Ch. 105 COUNTY POWERS AND FUNCTIONS 353
procedure for the forming and functioning of a new charter commission
shall comply as nearly as practicable with provisions relating to for-
mation and functioning of an initial charter commission.
(4) If a majority of the registered qualified electors voting thereon
vote for a proposed amendment, the amendment shall be deemed ap- I ,
proved. If a majority of the registered qualified electors voting thereon i'
vote for repeal of the charter, the charter shall be deemed repealed
and the county shall proceed to organize and operate pursuant to the •I
statutes applicable to statutory counties.
36-28-7. Filings — effect of. (1) Within twenty days after voter i i'
ff
approval, a certified copy of the charter shall be filed with the division
of local government and with the clerk of the county. .4
(2) This section shall also apply to an amendment or 'repeal of a i, ,
charter.
36-28-8. Initiative, referendum, and recall. Every charter shall con-
tain procedures for the initiative and referendum of measures and for
the recall of elected officers. I
36-28-9. Time limit on submission of similar proposals. No proposal i
for a charter commission, charter amendment, or repeal of a charter k j
shall be initiated within twelve months after rejection of a substan- r,
tially similar proposal. I
36-28-10. Publication requirements. "Publish" or "publication" means
one publication in one newspaper of general circulation in the county. If 1
there is no such newspaper, publication shall be by posting in at least I
three public places within the county.
36-28-11. Board of county commissioners — home rule counties. !. I
For home rule counties, the term "board of county commissioners" i I
shall mean the governing body of the county, regardless of the num-
hers of members or duties or other title or titles of such governing
body, and such governing body shall be required to perform or provide I. ' t
for the performance of any duties and responsibilities required by stat-
ute or the constitution of Colorado of county commissioners in nonhome
rule counties.
36-28-12. Finality. No proceeding contesting the adoption of a I ,
charter, charter amendment, or repeal thereof shall be brought unless i I
commenced within one hundred eighty days after the election adopting I
the measure.
36-28-13. Officers. The officers of a home rule county shall be by I
appointment or election as provided for in the charter; the terms of
office and qualifications of such officers shall also be provided for in ` 1
the charter; however, the duties of such officers shall be as provided
by statute. The charter shall designate the officers who shall respec- i ' I
tively perform the acts and duties required of county officers by stat- I ' • i
ute. No elected official shall receive any increase or decrease in corn- '
pensation under any resolution passed during the term for which he ; +,
was elected. I
Section 2. Effective date. This act shall take effect January 1, i ,
1972.
Section 3. Safety clause. The general assembly hereby finds, deter- 1 ' 'mines, and declares that this act is necessary for the immediate preser-
vation of the public peace, health, and safety. i
Approved: May 6, 1971
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C0U:;Tv I!^ -r PULE
A. I.'Tn.2JUCTI°.`i
The following is a brief summary of only t'!e major procedural requirements of
House 3111 1211 which provides for county "structural" home rule. The com-
plete text of E.B. 1211 may be found in the C';L publication entitled
Colorado Las Enacted in 1271 of Interest to Cities and Towns.
D. 1 J0R ".E^VI".E'IE:TS FT A 0PTI:a A ha: ?ME ClWTER
1 county here rule charter may be initiated by a petition submitted to the
board of county commissioners and sinned by not less than 5% of the regis-
tered qualifier` electors of the county, or, i:y resolution of the board of
county comissioners. 3C-23?-2(1 ). Following initiation, the board must call
an election to he held on or before the next general election and must publish
the first election notice at least 52 days prior to the election. 3C-28-2(1 ).
In addition, at least CO days prior to the election, the board must divide
the county into 3 voting districts of approximately equal population.
35-2E-2(2)(a).
The number of commission members to be elected depends uflon the population
of the county. Counties with less than 50,000 population elect 1.1 members, 3
from each votine district and 2 at large and counties with a population of
50,002 or more elect 21 members, r from each district and 3 at large.
35-28-2(3)(a), (': ), and (c). Any qualified elector of the county is eligible
to se.rue o,_n the commission, however the members to be electedeirTivoting.
distric • t-reside within toe particular voting district. 32-' '-2(3)(b),
(c), and (u). To e minated as e commission member, each candidate must,
''ithin 30 days after publication of the first election notice, file with the
county clerk a nomination petition sinned by at least 25 registered qualified
electors of the county, and a statement of his or her consent to serve if
elected. 3C-28-2(4).
:',fter the no:rination of commission members , the board of county commissioners
must publish a second notice cf election which includes the names of the
candidates for the charter commission. 3C-23-2(4).
';t the election, the voters cast ballots for .or against forming the charter
commission and for the charter commission members. . A charter commission is
formed when a majority of the electors voting approve the commission. If the
commission is approved, those candidates receiving the highest number of votes
are elected as charter corimissien members. 35-20-3(1 ) and (1).
The general powders and duties of the charter commission are set out in 35-23-4.
ost important of these is the requirement that, within 13o days after its
initial meeting, the commiission must, if approved by a majority of its
members, forward a proposed charter to the board of county commissioners.
32-23-4(2). If the commission fails to present a gronosnd charter to the board
within the 1C0 days, then the commission will recess for a period of 30-DO
days. It the end of that Period, the board of county commissioners calls
the commission tocether end the cinnission has -e° days in which to present a
gronosed charter to the board. If a charter is not presented within these
9^ days, then the charter commission is dissolved and a new charter commission
is elected in _..ccrd3ncc l.'. `'ii the rr visions of 2€-2r-2. 3C-23-4(3).
-2-
'.fter the board recieves a proposed charter from the commission, it must then
call a special election on the charter, to be held not less than 45 nor more
than 90 days after receipt of the charter. 35-23-5(1 ). :'otice of the
election lust be published at least 31 days prior to the election and a complete
text of the proposed charter must be published not less than 10 days prior
to the election. 3C-22-3(1 ).
A propose,} charter is approved yhen a majority of those voting vote for its
adoption. 3n-23-C(2). If the proposed charter is not approved, tie charter
commission ray then proceed to prepare a revised proposed charter. 3, 2.3-5(3).
equirenents for the submission of the revised proposed charter and for the
election on the charter may be found in 3C-29-`(3).
The charter commission is dissolved upon acceptance or rejection of the pro-
posed charter or the revised propose, charter. 3r-2?'•-5(4).
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C. l',JO''. RE^JI,E' ET(F, F12 ilEd'lI'lp: ".'1J 'CPE'.LIri E.7:E VJLE C",' .,TE;
Amendments to a home rule charter are initiated by a petition or petitions
signed by at least F% of the registered qualified electors of the county.,
or by resolution of the board of county commissioners. 3C-23-r(1 ).
repeal of a home rule charter is initiated by a petition or petitions signed
by at least 15% of the registered qualified electors of the county. 3C-23-6(2).
"ithin 32 days after initiation of an amendment or charter repeal measure the
board of county commissioners must publish notice of and call an election to
be held not less than 3r nor more than 120 days after publication of the
notice. 3r-23-C(3) (a). The text of any proposed amendment is to be pub-
lished with the election notice. 36-28-F(3)(a).
An amendment or a charter repeal is annroved when a majority of the electors
voting vote for the amendment or repeal measure. 3E-29-5(4). If a repeal
of the charter is annroved, the county must then proceed to organize and
operate pursuant to the statutes applicable to statutory counties. 36-28-6(4).
J. .!".J"^ 1E2CIMIEJTS FT FOT':I:r, A :1E l CHARTER Co: I55I^`:
', new charter commission may to initiated by a petition or netitions si?nei
by at least 15% of the registered qualified electors of the county. 36-2.3-C(2).
`lithin 3n pays after initiation of the pronosal for a new charter commission,
the board of county commissioners must publish notice of and call an election
to be held not less than GO nor more than 1201 days after publication of the
notice. 3n-28-(13)(a) and (b). The general procedures for the formation and
functioning of a new charter commission must comply as nearly as possible
¶.'ith the provisions relating to the formation and functionine of an initial
charter commission. 3G-23-6(3)(b).
E. FILE:
certified copy of any adopted charter, charter amendment, or charter repeal
measure must Le filed with the division of local nnvernment and the county
clerk within 20 days after receiving voter approval . 3F-23-7.
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CT - IrUSE SILL '11211
'EL^TI.:a Ti PC",L rrVE7:7'C:IT, P. !l P.W\'IBI.Y frrCEDU'ES FT^. 11 47 1JOPTIIH
CF CfU!TY CEARTE7,S, PRP'IJI.V FO' TPF ELFCTI^'! ,'..ID JPE?ATIT:! OF A
CH.1RTE l C7i',ISSIgi, tC) PR2'!IDI::S F?g. A REFE ;EUUJU1.
'-"!EREAS, In ::ovem'ber of 1^70 the electors of this state adopted
amendment no. 3, being an amendment to the constitution of Colorado: and
'!HE^.ErS, Said amendment to the Colorado constitution among other ,
things provides for adoption of county charters; and
!!NEp.F4S, It is in the best interest of efficient county novern.:ent
that legislation be enacted to permit counties to locally initiate and
adopt county charters; now, therefore,
Be it enacted l the general ,Assembly of the State of Colorado:
SECTI7! 1 . Chanter 3C, Colorado revised Statutes 1063, as amended,
is amended BY ThE ,1JlITIf1 OF .1 UE'I ARTICLE to read:
Capital letters indicate ne'' material added to existinn statutes: dashes
throuoh words indicate deletions from existing statutes and such material
not part of act.
ARTICLE 28
CrW!TY H^:IE RULE CHARTERS
36-28-1 . County home rule charters. Any,ny county in this state may.ay
pursuant to the provis,ons orfFis article establish the organization
and structure of county government which shall be submitted to and adopted
by a majority vote of the registered qualified electors of the county
which shall be known as a county home rule charter.
3C-28-2. Charter commission. (1 ) Following the adoption of a •
resolution by the board of county commissioners, or upon the submission
of a petition of not less than five percent of the registered qualified
electors of the county, requesting that a charter commission be established,
the board of county commissioners shall call an election to oe held on or
before the next general election for the nurnose of determining whether
or not a charter commission shall be elected. The board of county com-
missioners shall publish notice of the election at least sixty days prior
to the election.
7 (2) (a) At least sixty days before the election provided for in
section 3F-20-3, the board of county commissioners shall divide the county
into three compact districts; such districts to be as nearly equal in
population as possible, for the guroose of elecS ng cherter. commissi_op
mrenbers by district according to subsection (4) of this section.
(b) If the provisions of subsection (2) (a) of this section are
not met before sixty days prior to the election provided for in section
3C-28-3, no member of the board of county commissioners of the county
shall thereafter be entitled to or earn any compensation for his services
or receive any payment for salary or expenses, nor shall any member be
eligible to succeed himself in office.
(3) (a) The charter commission shall consist of the following
members and be elected from the district as follows:
(b) In counties having a population of less than fifty thousand,
eleven members, three of which shall reside in and be elected from each
commissioner district within the county and two to be elected at large.
(c) In counties having a ponulation of fifty thousand or more,
twenty-one members, six of which shall reside in and be elected from each
commissioner district and three to be elected at large.
(.) Eligibility to serve on the comission shall extend to all
qualified electors of the county. Any vacancy in the charter commission
shall be filled by majority vote of the members of the charter commision.
(4) Candidates for the charter commission shall be nominated by
filing with the county clerk, on forr's supplied by the clerk, .a nomination
petition signed by at least twenty-five registered qualified electors
of the county and a statement by the candidate consenting to servo if
elected. Said petition and statement must be filed within thirty days
after publication of the election notice. M1, second notice of the election
shall be published by the slid commissioners and include the names of
candidates for the charter comission.
36-28-3. Election on formation of charter convention and designa-
tion of members. (1 ) ',t the election, voters shall cast ballots for or
a^ainst forming the charter commission. If a majority of the registered
oualified electors voting thereon vote for forming the charter commission,
a commission to frame a charter shall be deemed formed.
(2) et the election, voters shall also cast ballots for electing
the requisite number of charter commission members. Those candidates
receiving the highest number of votes shall be elected. In the event
of tie votes for the last available vacancy or vacancies, the clerk
shall determine by lot the person or persons who shall be elected.
3E-28-4. development of proposed charter. (1 ) A charter commission
elected pursuant to section 3 -28-3 shall meet on a date designated by
the board of county commissioners for the purposes of organization within
thirty days after the election. The charter commission shall elect a
chairman and a vice-chairman from among its membership. Further meetings
of the commission shall be held upon call of the chairman or a-majority
of the members of the commission. All meetings shall be open to the
Public. A majority of the charter commission shall constitute a quorum.
The commission may adopt such other rules for its operations and pro-
ceedings as it deems necessary or desirable. ':embers of the commission
shall recieve no compensation but shall be reimbursed for necessary ex-
penses pursuant to law.
(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 goverment might be improved or reorganized. ''ithin one hundred
eighty days after its initial meeting the charter commission shall
present to the board of county commissioners a nro'osed charter, upon
which it shall have held three public hearings at intervals of not less
then fifteen nor more than thirty days, and notice of these public hearings
shall be published not less than fifteen days prior to each public hearing,
in a newspaper of general circulation within the county. "ithin ten
days of the last of such public hearings the charter commission shall
incorporate any amendments it deems desirable. A majority vote of the
cumbers of the charter commission in favor of a proposed charter for the
county shall be required to forward said charter to the board of county
commissioners for the setting of a referendum election as provided in
section 36-28-6. •
(3) In the event that the charter commission fails to present a
charter to the board of county commissioners after the specified time,
the charter commission shall recess for a period of not less than thirty
days nor more than ninety days. The -oard of county commissioners shall
then call the charter commission to begin a second attempt to present
a charter which shall be presented within a period of ninety days. In
the event a second attempt to present a charter to the board of county
commissioners also fails, the charter commission shall be excused from
its duties and dissolved by the hoard. All records, files, and proceedings
of the charter commission shall he submitted to the board of county
commissioners for storage and safekeeping as a public record. A new
charter commission shall be elected on dissolution as provided in section
36-cS-r..
(4) The ooard of county commissioners is authorized to establish
a special county charter fune and establish a mill levy therefore when
the charter commission has submitted a preliminary budget approved by
the board of county commissioners. The expenses of the charter commission
shall be verified by a majority vote of the commission and shall be sub-
mitted to the board of county commissioners for approval , which approval
shall not be unreasonably withheld. If approved, payment shall be made
from the special county charter fund. The charter commission may em?loy
a staff, may consult and retain experts, and may purchase, lease, or
otherwise provide for such supplies, materials, and equipment and facilities
-3-
as it deems necessary or desirable. The board of county commissioners
may accept funds, ^rants, gifts, and services for the charter commission
from the State of Colorado, the government of the United States or any
of its agencies, or other sources, public or private.
3S-2C-5. :(eferendum election on charter - adoption or rejection.
(1 ) Upon submission to the board of county commissioners of a charter
by the charter comission, the board of county commissioners shall call
a special election to be paid for from the special county charter fund
to be held pursuant to the Colorado election laws net more than ninety
days nor less than forty-five days subsequent to its receipt of the pro-
posed charter; and the board of county commissioners shall publish in a
newspaper of general circulation within the county a complete text of
the proposed charter not less than ten days prior to the spacial election.
At the special election a referendum of the registered qualified electors
of the county shall he held to determine the question of whether the
proposed charter as submitted shall be adopted. :'ntice of the election
on the proposed charter shall be published at least thirty days prior
to the election.
(2) If a majority of those voting on the question favor the adoption
of the charter, the said charter shall become effective January 1 of the
succeeding year, or at such other time as the charter may provide.
Such charter once adopted by the electors may be amended only by the
registered qualified electors of the county.
(3) If a majority of the voters disapprove the proposed charter,
the charter commission may proceed to prepare a revised proposed charter
in the same manner provided for preparation, submission, and election or,
the proposed charter. Ti;e election on any revised proposed charter must
be held not less than ninety nor more than one hundred and eighty days
after the election rejecting the proposed charter. The charter commission
shall not submit more than one proposed charter and one revised proposed
charter. If a majority of the voters disapprove the proposed charter,
or the revised proposed charter, if one is submitted, no new referendum
nay be held during the next twelve months following the date of the
last disapproval.
(^) Upon acceptance or rejection of the proposed charter or the
revised proposed charter, if one is submitted, by the registered qualified
electors of the county, the charter commission shall be dissolved, and
all prenerty of the charter commission shall thereupon become the property
of the county, and the board of county commissioners shall adopt a resolu-
tion to that effect.
3!i-23-r. Procedure to amend or repeal charter. (1 ) (a) Action to
amend a charter shall be initiated by:(b) A petition or petitions signed by at least five percent of the
registered qualified electors of the county; or
(c) ,resolution adonted by the board of county com issioners sub-
mitting the proposed amendment or amendments to the qualified electors.
(2) (a) Action to repeal a charter or to form a new charter
commission may be initiated by:
(b) Petition or petitions signed by at least fifteen percent of
the registered qualified electors of the county.
(3) (a) Yithin thirty days of initiation of a proposed amendment,
r!2eai , or e niter convention measure, the board of county commissioners
shall publeh 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 uith said notice.
(b) 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 forma-
tion and functioning of an initial charter commission.
{') If a majority of the registered qualified electors voting there-
on vote for a oroposed amendment, the amendment shall be deemed approved.
-4-
If a majority of the registered qualified 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.
3C-23-7. Filin's - effect of. (1 ) '.'ithin twenty days after voter
approval , a certified copy of the charter shall be filed with the :division
of local novernrient and with the clerk of the county.
(2) This section shall also apply to an amendment or repeal of a
charter.
3C-2C-3. Initiative, refereniun, and recall . Every charter shall
contain procedures for the initiative and referendum or measures and for
the recall of elected officers.
3C7-23-_'. Time limit on sup.^ission of similar proposals. to Proposal
fcr a charter commission, charter amendment, or repeal of a charter shall
'e initiated within twelve months after rejection of a substantially
similar proposal .
3G-28-12. Publication reouirements. "Publish' or "publication'
means one publication in one newspaper of general circulation in the county.
If there is no such ne••rspaper, publication shall be by posting in at least
three public laces within the county.
3_29-11 . 'Hard of county commissioners - hone rule counties. For
hone rule counties, the term "board of county commissioners' shall mean
•
the governing body of the county, regardless of the numbers of members or
duties or other title or titles of such governing body, and such coverninc
body shall be required to perform or provide for the performance of any
duties and responsibilities required by statute or the constitution of
Colorado of county commissioners in nonhome rule counties.
3C-2R-12. Finality. :,o proceeding contesting the adoption of a
charter, charter amendment, or repeal thereof shall be brought unless
commenced within one hundred eighty days after the election adopting the
measure.
36-22-13. officers. The officers of a hone rule county shall be by
annointment or election as provided for in the charter: the terms of office
and qualifications of such officers shall also be provided for in the
charter; however, the duties of such officers shall be as provided by
statute. The charter shall designate the officers who shall respectively
perform the acts and duties required of county officers `hy statute. do
elected official shall receive any increase or decrease in compensation
under any resolution passed during the term for which he was elected. —
SECTI1:' 2. Effective date. This act shall take effect January 1 , 1272.
SECTIl:! 3. eafsty clause.
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