HomeMy WebLinkAbout751125.tiff 1
ARTICLE XVII
2 AMENDMENTS TO CHARTER
3 Section 17 - 1 -- Procedure to Amend or Repeal Charter.
4 (1) Action to amend this Charter shall be initiated by:
5 (a) A petition or petitions signed by at least five
6 per cent of the registered qualified electors of the county ; or
7 (b) A resolution adopted by the Board submitting the pro-
8 posed amendment or amendments to the qualified electors .
9 (2) Action to repeal this Charter or to form a new charter
10 commission may be initiated by a petition signed by at least fifteen
11 per cent of the registered qualified electors of the county.
12 (3) Within thirty days of initiation of a proposed amendment,
13 repeal, or charter convention measure , the Board shall publish
14 notice of and call an election to be held not less than thirty nor
15 more than one hundred twenty days after said publication. The text
16 of any proposed amendment shall be published with said notice .
17 (4) If the proposal is for a charter commission, the election
18 shall be scheduled at least sixty days after publication of the
19 notice . The procedure for the forming and functioning of a new
20 charter commission shall comply as nearly as practicable with pro-
21 visions relating to formation and functioning of an initial charter
22 commission.
23 (5 ) If a majority of the registered qualified electors voting
24 thereon vote for a proposed amendment, the amendment shall be
25 deemed approved. If a majority of the registered qualified electors
26 voting thereon vote for repeal of the charter, the charter shall
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I be deemed repealed and the county shall proceed to organize and
2 operate pursuant to the statutes applicable to statutory counties .
3 (6) No proposal for a charter commission, charter amendment ,
4 or repeal of a charter shall be initiated within twelve months after
5 rejection of a substantially similar proposal . No proceeding con-
6 testing the adoption of a Charter amendment shall be brought unless
7 commenced within one hundred eighty days after the election adopting
8 the measure .
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10 Section 17 - 2 -- Charter Review.
11 The County Council may advise the Board concerning necessary
12 or desireable revisions or amendments to this Charter .
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14 Section 17 - 3 -- Conflicting Amendments .
15 If there is any conflict or inconsistency between amendments
16 voted upon at the same election and more than one of said amendments
17 is adopted, then the amendment receiving the largest number of votes
18 shall prevail as to such conflict or inconsistency and the adopted
19 amendments receiving the lesser number of votes shall , if
20 severable , be nevertheless effective except as to the matters of
21 conflict or inconsistency .
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ARTICLE
OFFICE OF COUNTY SURVEYOR ABOLISHED
1 Section - 1 -- Office of County Surveyor Abolished.
2 Upon adoption of this Charter
3 the office of County Surveyor shall be abolished, effective
4 January 1 , 1976 .
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6 Section - 2 -- Transfer of Duties .
7 The County Engineer shall exercise all of the powers and
8 perform all the acts and duties now required or that may here-
g after be required by state law to be exercised or performed by
iothe County Surveyor.
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12Section - 3 -- Existing Property and Records .
13 All property, records , equipment and supplies of the office
14 of County Surveyor, wherever located, existing when this Charter
15becomes effective , shall be transferred as directed by the Board.
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ARTICLE XI
2
COUNTY TREASURER
3 Section 11 - 1 -- Qualifications .
4 (1) The County Treasurer shall be a qualified elector of
5 the County.
6 (2) The County Treasurer shall have resided in the county
7 for a consecutive period of not less than one year immediately
8 preceeding election.
9 (3) The office of County Treasurer shall be the primary em-
10 ployment of the County Treasurer and he shall not otherwise be
11 employed during the term of office for which he is elected or appointed.
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13 Section 11 - 2 -- Bond.
14 The County Treasurer shall execute to the people of the state
15 of Colorado , and file in the office of the County Clerk, a bond,
16 as provided by this Charter and approved by the Board . The
17 sureties shall be responsible for the acts of the County Treasurer
18 and his deputies .
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1 Section 11- 3- -- Duties .
(1) The County Treasurer shall appoint a chief deputy to
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act in his absence, disability , or in case of a vacancy in the
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office , and such Chief Deputy shall perform all the duties of
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County Treasurer during such absence or until such vacancy
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shall be filled.
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(2) The County Treasurer may appoint such other deputies
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as may be necessary or required to carry out the duties of the
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office .
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(3) The County Treasurer shall exercise all of the
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powers and perform all the acts and duties now required or that
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may hereafter be required by state law to be exercised or per-
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13 formed by the County Treasurer .
14 (4) The County Treasurer may exercise those discretionary
15 county functions and powers , and provide such services and
16 facilities as may be authorized by law.
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18 Section 11 - 4 -- Qualifications of Chief Deputy.
19 The Chief Deputy shall have had a minimum of five years invest-
20 ment experience in handling investments , equivalent to the monies
21 handled in the office of the County Treasurer .
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Section 3-3 -- Qualifications of Members .
(1) Commissioners shall be [registered] qualified electors of
the county .
(2 ) Commissioners shall have resided in the county for a con-
tinuous period of not less than one year immediately preceeding
election.
(3) Commissioners from districts shall reside within their
geographic districts when nominated , elected or appointed and during
their terms of office .
(4) During the term of office for which they are elected or
appointed a county commissioner shall devote full time to this
office and shall not otherwise be employed.
Section 3-4 -- Terms of Office .
(1) The terms of office of County Commissioners shall commence
on January 1 of the year immediately following the general election
at which they are elected and shall be for four years , with
terms staggered as follows : Two commissioners ,
one each from geographic districts numbered one and three
and one commissioner elected at large , shall be elected for four
year terms at the general election in 1976 and each four (4) years
thereafter; and one Commissioner for geographic district number two
and one commissioner elected at large shall be elected for a
four (4) year term at the general election in 1978 and each four (4)
years thereafter.
1 Section 3-6 --Commissioner - Departments .
2 (1) The department s of Finance Purchasing and personnel.
3 shall be the responsibility of the Chairman of the Board of County
4 Commissioners .
5 (2) Each of the four major departments , as established by
6 Article , shall be the responsibility of one of the other
7 commissioners together with at least one assistant , who shall be
8 appointed by the Board at its first meeting in January each year.
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10 Section 3-7 -- Clerk to the Board.
11 (1) The Clerk to the Board shall be appointed by the County
12 Clerk and Recorder.
13 (2) The Clerk shall be custodian of the county seal; shall
14 maintain a journal of Board proceedings , record all motions , resolu-
15 tions , actions of and votes by the Board, shall be the agent of
16 the county for service of process , and shall perform such other
17 duties as are now or may hereafter be prescribed by law for
18 clerks of Boards of County Commissioners or by the Clerk or by
19 this Charter .
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21 Section 3-8 -- Powers and Duties .
22 (1) The Board of County Commissioners shall be the governing
23 body of the county. It shall exercise all the powers and perform all
24 the duties now required or permitted or that may hereafter be re-
25 quired or permitted by state law to be exercised or performed by
26 county commissioners in either home rule or non home rule counties .
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1 (g) Initiate suits or actions on behalf of the county .
2 (h) Create such agencies , boards and commissions as the
3 Board may deem necessary or as may be required by state law, and
4 appoint the members thereof . The action creating an agency,
5 board or commission shall also set forth compensation, duties , and
6 responsibilities as will as any qualifications and conditions of
7 service . The Board may designate itself to perform the func-
8 tions and exercise the process of any such board or commission ,
9 unless prohibited by state law or this Charter .
10 (i) Appropriate funds for all lawful purposes;
11 (j ) Establish and levy taxes , charges, fees and licenses .
12 (k) Regulate , license, and tax utilities to the extent
13 permitted by law.
14 (1) Purchase or otherwise acquire , hold, own, sell,
15 trade , transfer , divide , lease , encumber , or reserve interest
16 in real and personal property, and receive gifts and grants,
17 in the name of the county .
18 (m) Approve and execute , on behalf of the county,
19 all contracts , contracts shall be executed for the Board by
20 the Chairman .
21 (n) [Perform those duties and functions of a
22 county Board of Health as prescribed by law and as provided
23 in this Charter . ]
24 (o) Establish salaries or other compensation for
25 the county attorney, assistant county attornies, {department
26 heads ] and all other county employees , officers or appointees
27 not included within the personnel system.
Section 3-9 -- Compensation .
(1) Compensation of members of the Board shall be fixed
by the County Council .
(2) No member ' s compensation shall be increased or decreased
during his term of office , except as permitted by law.
(3) Until otherwise set , the salary of the members of the
Board shall be: Commissioners 1 and 3 , $10 , 000 .00; and Commissioner
2 , $15 ,000 .00 per year .
Section 3-10 -- Rules of Procedure .
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.
Section 8-11 -- Meetings .
(1) Regular meetings shall be held at least weekly on a day to
be determined by the Board by resolution .
(2) Special meetings shall be called by the Clerk upon the
written request of the Chairman or of any three (3) members of
the Board. Each member of the Board shall be provided at least
twenty-four hours written notice of such meeting, served personally
or left at each members usual place of residence . However, a special
meeting called as herein provided may be held on shorter notice if
all members of the Board are present or have waived notice thereof
in writing. A copy of the notice of a special meeting shall be posted
1 in a conspicuous place in the offices of the Board at the time such
2 notice is given to members of the Board. No business shall be trans-
3 acted at a special meeting unless the same has been stated in the
4 notice of such meeting.
5 (3) When a regular or special meeting is adjourned or recessed
6 to a time certain , notice of the time and place of the reconvening
7 thereof shall be posted in a prominent place in the offices of
8 the Board.
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10 Section 3-12 -- Quorum.
11 Three of the members of the Board in office at the time shall
12 be a quorum for the transaction of business , but in the absence
13 of a quorum, a lesser number may adjourn any meeting to a later
14 time or date , and in the absence of all members , the Clerk may
15 adjourn any meeting for not longer than one week .
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17 Section 3-13 -- Majority Required.
18 Any resolution or ordinance to be adopted, amended, or repealed,
19 shall require concurrence of three of the members of the Board
20 in office at the time .
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22 Section 3-14 -- Ordinances .
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only, and shall be published once as a proposed ordinance in a
2 newspaper of general circulation in the County, at least ten (10)
3 days before its final passage , and again when finally adopted;
4 except in case of an emergency ordinance as herein provided.
5 (2) Except in case of an emergency ordinance , an ordinance
6 shall become effective five (5) days after its final publication
7 unless a later date is specified in the ordinance .
8 (3) Every ordinance , except a general budget ordinance , a general
9 appropriation ordinance , an ordinance adopting a code by references,
10 shall be confined to a single subject which shall be clearly expressed
11 in its title .
12 (4) All ordinances shall be introduced in written or printed
13 form. No ordinance shall be amended by reference to its title only,
14 but the revised sections of the ordinance , as amended, shall be
15 re-enacted and published in full , except as otherwise provided herein
16 for amendments to codes . However , an ordinance or section thereof
17 may be repealed by reference to its title and ordinance or code
18 number only .
19 (5) The enacting clause of all ordinances shall be: "Be it
20 ordained by the Board of County Commissioners of Weld county,
21 Colorado. "
1 (6) An ordinance which is declared therein to be an
2 emergency ordinance immediately necessary for the preservation of
3 the public peace , health or safety may be enacted by three-
4 fourths vote of the Commissioners at the meeting at which it is
5 introduced without any requirement of prior public notice . An
6 emergency ordinance shall be published forthwith after passage . The
7 effective date of an emergency ordinance shall be the date of its
8 enactment unless a later date is specified in the ordinance . An
9 emergency emergency ordinance shall contain a specific statement
10 of the emergency.
11 (7) The Chairman shall sign and the Clerk shall attest to
12 all ordinances approved by the Board. All ordinances of the County
13 shall be indexed by subject by the Clerk and kept in a book for that
14 purpose which shall be a public record.
15 (8) Standard codes , promulgated by the Federal government, the
16 State of Colorado , or by an agency of either of them, or by any
17 municipality within the State of Colorado, or by recognized trade
18 or professional organizations, or amendments or revisions thereof ,
19 may be adopted by reference ; provided the publication of the
20 ordinance adopting any said code shall advise that copies thereof
21 are available for inspection at the office of the Clerk of the
22 Board, and provided that any penalty clause in said codes may be
23 adopted only if set forth in full and published in the adopting ordinance .
24 (9) The Board may cause the permanent ordinances to be codified
25 periodically. Such codification lay be of the entire body of permanent
26 ordinances or of the ordinances of some particular subject . Such
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1 (p) Provide for reimbursement of actual expenses of
2 food, travel, and lodging necessary for performance of the
3 duties of a County Commissioner, County Councilman, or a
4 county officer or employee .
5 (q) Authorize multi-jurisdictional performance of
6 duties and functions with other units of government, and, under
7 procedures provided by law, cause the county to be included
8 within such districts consisting of two or more counties
9 or parts thereof as may be authorized or provided by law for
10 the joint performance of county functions or the performance of
11 regional functions .
12 (r) Establish a municipal conference to be called by
13 the Board of County Commissioners not less than three times
14 each year to which all town officials shall be invited and
15 appropriate agendas developed in order that mutual problems be
16 solved and solutions implemented .
17 (s) Perform or exercise , or provide for the performance
18 or exercise of , any or all permissive functions , services ,
19 facilities and powers that may now or in the future be authorized
20 by law and not specifically mentioned or assigned by this
21 Charter. The Board shall perform or assign any mandatory duty,
22 responsibility or function required of the county by the laws or
23 Constitution of the state , which may have been omitted in this
24 Charter.
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1 Section -4 -- Department of Health Services.
2 (A) Division of Public Health.
3 (1) The Director of Health Services shall be appointed by
4 the Board upon consultation with the Board of Health .
5 (2) The Director of Heath Services shall :
6 (a) Have all powers and duties now provided or as here-
7 after provided by state law for health departments in Colorado.
8 (b) Direct supervision of the Environmental Health Ser-
9 vices .
10 (c) Cooperate and work jointly with the Commissioner assigned
11 to the Department of Health Services on all county health rela-
12 ted activities .
13 (d) Make recommendations to the Board for the purpose of
14 helping to eliminate and avoid the duplication of services
15 in county health related areas .
16 (e) Evaluate all regional health programs that affect
17 Weld County .
18 (f) Cooperate with the Commissioner assigned to the Depart-
19 ment of Health Services , in order to plan, cooperate and con-
20 tract with other county health agencies so that all programs
21 benefit from the combined use of facilities and staff.
22 (g) Work cooperatively with regional , state and federal
23 authorities relating to public health programs in Weld County.
24 (h) Report at least annually to the Board on all matters
25 set forth above .
26 (i) Perform such functions and duties as the Board shall
27 direct.
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ARTICLE
2 DEPARTMENTS OF COUNTY GOVERNMENT
3 Section - -- Departments Created.
4 (1) There are hereby created the Department of Finance and
5 Purchasing, the Department of Personnel , the Department of
6 , the Department of , the
7 Department of , and the Department of
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9 (2 ) The Chairman of the Board of County Commissioners
10 shall be responsible for the departments of Finance , Purchasing ,
11 and Personnel .
12 (3) Each of the other departments shall be the responsibility
13 of one of the other Commissioners .
14 (4) Each department may be administered by a director ,
15 appointed by the Board of County Commissioners, and subject to
16 the immediate supervision , direction and control of the Commissioner
17 responsible for the Department . Each director shall be responsible
18 within his department, subject to the approval of the Commissioner
19 responsible for the department, and the regulations of the personnel
20 system, for the appointment, promotion, discipline and discharge of
21 employees of that department .
22 (5 ) Each department may be divided into as many divisions
23 as the Board of County Commissioners may determine to be necessary
24 or desireable . Each division may be headed by one person responsi-
25 ble directly to the department director .
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1 (6) Nothing herein shall prevent the appointment of one
2 person as director of more than one department, or one person
3 as head of more than one division .
4 (7) Nothing herein shall prevent the Commissioner responsi-
5 ble for a department from acting as the director of such depart-
6 ment, but, in such event, the Commissioner so acting shall receive
7 no additional compensation .
8 (8) Nothing herein shall apply to the Department of Law.
9 (9) The Board shall organize and may re-organize the departments
10 established by this Charter, and assign or re-assign functions and
11 duties between departments and division, and may create additional
12 divisions .
13 (10) In case of re-organization or reassignment, there shall
14 not be more than six departments at any time (not including the
15 Department of Law) including the Departments of Finance and Purchas-
16 ing, and Personnel.
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1 Section -2 -- Department of Finance and Purchasing.
2 The Department of Finance and Purchasing shall :
3 (1) Prepare a recommended budget for the next fiscal year
4 and submit it to the Board on or before the First day of September
5 of each year. Such budget shall include recommended operating ex-
6 penses , capital expenditures , and revenue sources for all depart-
7 ments and units of the county government, and any other informa-
8 tion deemed necessary.
9 (2) Prepare monthly financing statements and budget and
10 appropriation reports as directed by the Chairman , or by the Board
11 through the Chairman .
12 (3) Assist the Board in preparation and administration of
13 the budget and in preparation of appropriation ordinances .
14 (4) Establish, maintain and operate the central purchasing
15 office for the county. Responsibilities of the purchasing office
16 shall include the purchase , storage and distribution of supplies ,
17 materials , property and equipment pursuant to policies and pro-
18 cedures established by the Board and in accordance with this
19 Charter and the laws of the state .
20 (5 ) Exercise such additional powers and perform such
21 additional functions and duties as may be required by the Board.
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1 Section -3 -- Department of Personnel .
2 The Department of Personnel shall :
3 (1) Assist the Board in the preparation of a system of employ-
4 ment policies , rules , job classification and compensation plans in
5 accordance with generally accepted personnel principles .
6 (2) Such system shall include at least the following :
7 (A) Employment and promotion in the county government
8 shall be made upon the basis of ability , education, training ,
g and experience necessary to carry out the duties and responsi-
10 bilities of the work to be performed.
11 (b) Classification and compensation according to
12 duties and responsibilities pursuant to adoption of a classifica-
13 tion and pay plan which shall from time to time be reviewed and
14 amended by the Board as necessary .
15 (C) Standards of employment based on conduct and per-
16 formance of work and the procedures for creating and abolishing
17 positions .
18 (D) Dismissal , disciplinary and employee grievance pro-
19 cedures .
20 (E) Conflict of interest : No employee shall be employed
21 by, or have any interest in, any company which sells , contracts ,
22 or does a major share of its business with Weld County . No
23 employee shall accept gifts , gratuities , or services for any
24 company which sells , contracts or does business with Weld County.
25 (F) Employment of Relatives : An appointing authority
26 may not employ or request the employment of any person who
27 is related to him by law or kinship; to include spouses , mothers ,
1 fathers , grandparents , sons , daughters , brothers , or sisters .
2 (a) Policies : No employee shall use his official
3 authority or influence for the purpose of interfering with an
4 election or influencing or attempting to influence or affect
5 the results thereof , solicit, or receive , or have any part in
6 the solicitation or reception of funds for political purposes .
7 However, no employee shall be prevented from making contribu-
8 tions , to the political party or candidates of his choice .
9 Any person employed with the county , except an elected
10 official , who is desirous of seeking election to a partisian
11 public office , shall request a leave of absence , without
12 pay, immediately after announcement of his candidacy.
13 (H) Work Hours : The official hours of all Weld County
14 Departments shall be established in the rules and regulations .
15 All employees will observe a regular work week as specified
16 above , unless otherwise authorized by the Personnel Department ,
17 and except for observance of specified holidays .
18 (I) Compliance with Federal and State Law: The per-
19 sonnel system shall be in compliance with the provisions of
20 pertinent Colorado and Federal statutes .
21 (3) The personnel policies , rules and regulations may be
22 amended by the Board as circumstances require .
23 (4) The Board of County Commissioners shall be responsible
24 for the implementation of the personnel system which shall be-
25 come effective no later than twelve (12) months from the effective
26 date of this Charter.
1 (5 ) Changes in retirement plans and other benefits provided
2 county employees shall not result in the loss of any accrued funds
3 or benefits of any individual salaried or employed by Weld County .
4 (6) Elected officials shall have direct authority over the
5 employees in their respective offices pursuant to the County
6 Personnel policies , rules , regulations, job classification and
7 compensation plans .
8 (7) All employees of the County shall be included within
9 the provisions of the personnel system, except elective officers ,
10 temporary employees , advisors and consultants retained by contract,
11 the County Attorney and Assistant County Attorneys , employees of
12 Weld County General Hospital, employees of the Weld County Depart-
13 ment of Social Services and except as otherwise required by law.
14 (8) The Board of County Commissioners shall appoint an appeals
15 board to which an employee may appeal his dismissal suspension , demo-
16 tion , or other grievance .
17 (A) The number, term, and qualifications of the appeals
18 board shall be set forth by the personnel policies, rules and
10 regulations .
20 (B) The procedures for appeal shall be outlined in the
21 personnel policies , rules and regulations , and shall establish
22 reasonable time limits for appeal and shall provide protection
23 of employees ' civil rights .
1 Section -4 -- Department of [
2 The Department of I ] shall consist of such
3 divisions and as may from time to time be established by the
4 Board, and shall perform such functions and duties as may from
5 time to time be assigned or reassigned to it .
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7 Section -5 -- Department of [ ] .
8 The Department of [ ] shall consist of such
9 divisions and as may from time to time be established by the
10 Board, and shall perform such functions and duties as may from
11 time to time be assigned or reassigned to it .
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13 Section -6 -- Department of I
14 The Department of I ] shall consist of such
15 divisions and as may from time to time be established by the
16 Board, and shall perform such functions and duties as may from
17 time to time be assigned or reassigned to it .
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19 Section 7- ---Bepartment of [ ] .
20 The Department of [ ] Shall consist of such
21 divisions and as may from time to time be established by the
22 Board, and shall perform such functions and duties as may from
23 time to time be assigned or reassigned to it .
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(2) The term of office of a commissioner shall continue until
his successor is elected and qualified .
Section 3-5 -- Chairman of the Board of County Commissioners .
Cl) The Board, from among its members , shall elect annually at
its first meeting in January of each year, a Chairman of the Board.
(2 ) The Chairman shall preside over meetings of the Board,
shall carry out the policy of the Board, shall be the chief execu-
tive officer of the county and shall have direct responsibility
for the Department ' S of Finance Purchasing and personnel.
(3) The Chairman shall vote only in case of a tie vote among
the other members . He shall have a veto power over action taken
by the Board, which veto may be overridden by a three-fourths vote
of the other commissioners .
(4) The Board , from among its members , shall elect annually
at its first meeting in January of each year, a chairman pro tem.
The chairman pro tem shall not loose his right to vote , shall have
no veto power and shall not assume responsibility for the depart-
ment s of purchasing . and personnel.
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1 (g) Initiate suits or actions on behalf of the county.
2 (h) Create such agencies, boards and commissions as the
3 Board may deem necessary or as may be required by state law, and
4 appoint the members thereof . The action creating an agency,
5 board or commission shall also set forth compensation , duties , and
6 responsibilities as well as any qualifications and conditions of
7 service . The Board may designate itself to perform the func-
8 tions and exercise the process of any such board or commission,
9 unless prohibited by state law or this Charter .
10 (i) Appropriate funds for all lawful purposes;
11 (j ) Establish and levy taxes , charges , fees and licenses.
12 (k) Regulate , license , and tax utilities to the extent
13 permitted by law.
14 (1) Purchase or otherwise acquire , hold, own, sell,
15 trade , transfer, divide , lease , encumber, or reserve interest
16 in real and personal property , and receive gifts and grants ,
17 in the name of the county.
18 (m) Approve and execute , on behalf of the county,
19 all contracts . Contracts shall be executed for the Board by
20 the Chairman .
21 (n) (Perform those duties and functions of a
22 county Board of Health as prescribed by law and as provided
23 in this Charter. ]
24 (o) Establish salaries or other compensation for
25 the county attorney, assistant county attornies ,
26 and all other county employees, officers or appointees
27 not included within the personnel system.
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1 (a) Perform or provide for the performance of any
2 duties and responsibilities required by statute or the Consti-
3 tution of Colorado of county commissioners in non-home
4 rule counties .
5 (b) Enact legislation including such means of enforce-
6 ment thereof as shall be authorized by law, and otherwise
7 formally promulgate county policy. Unless otherwise required
8 by statute , the Board shall act only by ordinance in matters of
9 legislation, contracts , appropriations , and disposition of real
10 property, and by ordinance, resolution or motion , as may be
11 appropriate, in other matters .
12 (c) Appoint , remove and establish qualifications of
13 department heads , and through them, direct the functions of
14 county offices , departments , divisions and agencies .
15 (d) Appoint and remove the county attorney, pursuant
16 to section of this Charter, and retain such other pro-
17 fessional advisors as the Board may deem necessary.
18 (e) Adopt an administrative code .
19 (f) Develope, or cause to be developed, a system of
20 employment policies , rules , job classification and compensation
21 plans in accordance with generally accepted principles and
22 promulgate such policies , rules and plans , under the authority
23 of and in compliance with the provisions of pertinent Colorado
25 and Federal statutes and this Charter .
1 (p) Provide for reimbursement of actual expenses of
2 food, travel , and lodging necessary for performance of the
3 duties of a County Commissioner, County Councilman , or a
4 county officer or employee .
5 (q) Authorize multi-jurisdictional performance of
6 duties and functions with other units of government, and, under
7 procedures provided by law, cause the county to be included
8 within such districts consisting of two or more counties
9 or parts thereof as may be authorized or provided by law for
10 the joint performance of county functions or the performance of
11 regional functions .
12 (r) Establish a municipal conference to be called by
13 the Board of County Commissioners not less than three times
14 each year to which all municipal officials shall be invited and
15 appropriate agendas developed in order that mutual problems be
16 considered.
17 (s) Perform or exercise , or provide for the performance
18 or exercise of, any or all permissive functions , services,
19 facilities and powers that may now or in the future be authorized
20 by law and not specifically mentioned or assigned by this
21 Charter. The Board shall perform or assign any mandatory duty ,
22 responsibility or function required of the county by the laws or
23 Constitution of the state , which may have been omitted in this
24 Charter.
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1 ARTICLE
2 ELECTIVE OFFICERS
3 Section -1 -- Elective Officers .
4 The Elective Officers of the County of Weld, Colorado , shall
5 be five County Commissioners ; five County Councilmen ; one County
6 Clerk ; [who shall be ex officio Clerk of the Board of County
7 Commissioners] ; one County Sheriff ; one County Coroner; one County
8 Treasurer ; and one County Assessor . The salary or compensation,
9 term of office and qualifications of such officers shall be as pro-
10 vided in this Charter.
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12 Section - 2 -- Oath of Office .
13 Before entering upon the duties of his office , every officer
14 designated by this Charter shall take , subscribe, and file with
15 the County Clerk, an oath or affirmation that he will support the
16 Constitution of the United States , the Constitution of the State
17 of Colorado, this Charter and the Ordinances of the County of Weld,
18 Colorado, and will faithfully perform the duties of this office .
1 ARTICLE
2
3 DEPARTMENT OF LAW
4
5
6 Section - -- County Attorney -- Appointment.
7 There shall be a Department of Law, the Director of which
8 shall be known as the County Attorney . He shall be appointed
9 by the Board for an indefinite term and his employment may be
10 terminated by majority vote of the Board. The County Attorney
11 shall be a full time employee of the County .
12
13 Section - 2 -- Qualifications.
14 The County Attorney shall be a resident of the County of Weld
15 and a duly licensed attorney for the State of Colorado for at least
16 five (5) years immediately prior to his appointment, and shall have
17 been actively engaged in the practice of law during such five years .
18
19 Section - 3 -- Duties .
20 (1) The Department of Law shall exercise all legal and
21 administrative functions of the County government assigned by
22 law or the Board to the County Attorney.
23 (2) The County Attorney shall act as legal advisor for the
24 Board and departments of county government .
25 (3) The County Attorney shall , upon request of elective county
26 officers , issue formal written opinions on questions of law, which
27 shall be maintained by the County as public documents .
28
29
1 (4) When directed by the Board, the County Attorney shall
2 represent the County and County Officers in suits , actions and other
3 legal proceedings .
4
5 Section - 4 -- Special Counsel .
6 The Board may appoint special counsel for the purpose of
7 making investigations and representing the County in suits by and
8 against the county, its officers , or its agencies . Employment
9 of special counsel shall be by written contract which shall set
10 forth the purpose and terms of employment and compensation therefore .
1 ARTICLE
2 COUNTY SHERIFF
3
4 Section - 1 -- Qualifications.
5 (1) The County Sheriff shall be a qualified elector of the
6 County.
7 (2) The County Sheriff shall have resided in the County
8 for a consecutive period of not less than one year immediately
9 preceding his election .
10 (3) During the term of office for which he is elected or
11 appointed, the County Sheriff shall devote full time to his office
12 and shall not otherwise be employed .
13
14 Section - 2 -- Term of Office .
15 (1) The term of office of County Sheriff shall commence on
16 January 1 of the year immediately following the general election
17 at which he is elected and shall be for four (4) years .
18 (2) The term of office of the County Sheriff shall continue
19 until his successor is elected and qualified.
20
21 Section - 3 -- Bond.
22 The County Sheriff shall execute to the people of the State
23 of Colorado, and file in the office of the County Clerk, a bond, as
24 provided by this Charter and approved by the Board. The sureties
25 shall be responsible for the acts of the County Sheriff , the Under-
26 sheriff, and his deputies .
27
28
29
1 Section - 4 -- Vacancy in Office .
2 If a vacancy shall occur in the office of County Sheriff , it
3 shall be filled as provided in this Charter .
4
5 Section - 5 -- Duties .
6 (1) The County Sheriff shall appoint an Undersheriff , who
7 shall also be a general deputy, to serve during the pleasure of
8 the Sheriff .
9 (2) The County Sheriff may appoint such other deputies as may
10 be necessary or required to carry out the duties of the office .
11 (3) The County Sheriff shall exercise all of the powers and
12 perform all the acts and duties now required or that may hereafter
13 be required by state law to be exercised or performed by the
14 County Sheriff.
15 (4) The County Sheriff may exercise those discretionary county
16 functions and powers , and provide such services and facilities as
17 may be authorized by law.
18 (5) The County Sheriff shall provide such law enforcement
19 services to incorporated municipalities as may be provided for by
20 contract between the Board and a municipality .
1
1 Section - 6 -- Qualifications of Undersheriff.
2 (1) No one shall be appointed to the office of Undersheriff
3 unless he shall have an Associate of Arts Degree or its equivalent
4 in Police Science , Police Administration, or in some related field .
5 (2) No one shall be appointed to the office of Undersheriff
6 unless he shall have had at least five years law enforcement exper-
7 ience including substantial administrative and personnel experience .
8 (3) The Sheriff shall be the sole determiner of the qualifica-
g tions of the Undersheriff.
10
11 Section - 7 -- Duties of Undersheriff . .
12 (1) In case of the absence , disability , or in case of a
13 vacancy in the office of County Sheriff, the Undersheriff shall per-
14 form all the duties of County Sheriff during such absence or until
15 such vacancy shall be filled.
16 (2) The Undersheriff shall perform such other duties as may
17 be directed by the County Sheriff .
18
1 ARTICLE
2 COUNTY CORONER
3 Section - 1 -- Qualifications .
4 (1) The County Coroner shall be a qualified elector of the
5 county.
6 (2 ) The County Coroner shall have resided in the county
7 for a consecutive period of not less than one year immediately
8 preceeding election .
9
10 Section - 4 -- Duties .
11 (1) The County Coroner shall appoint a chief deputy to
12 act in his absence , disability, or in case of a vacancy in the
13 office , and such chief deputy shall perform all the duties of
14 County Coroner during such absence or until such vacancy be filled.
1 (2 ) The County Coroner may appoint such other deputies as
2 may be necessary or required to carry out the duties of the office .
3 (3) Except as provided herein in Article [Sheriff] the
4 County Coroner shall exercise all of the powers and perform all the
5 acts and duties now required or that may hereafter be required
6 by state law to be exercised or performed by the County Coroner .
7 (5) The County Coroner may exercise those discretionary
g county functions and powers , and provide such services and facilities
g as may be authorized by law.
1 ARTICLE
2 COUNTY CLERK
3 Section - 1 -- Qualifications .
4 (1) The County Clerk shall be a qualified elector of the
5 county.
6 (2) The County Clerk shall have resided in the county for
7 a consecutive period of not less than one year immediately pre-
8 ceeding election.
9 (3) The office of County Clerk shall be the primary employment
10 of the County Clerk and he shall not otherwise be employer during
11 the term of office for which he is elected or appointed.
12
1 Section - 2 -- Bond.
14 The County Clerk shall execute to the people of the State
15 of Colorado, and file in the office of the County Clerk, a
16 bond, as provided by this Charter and approved by the Board. The
17 sureties shall be responsible for the acts of the County Clerk
18 and his deputies .
19
20
1 Section - 3 -- Duties.
2 (1) The County Clerk shall appoint a chief deputy to
3 act in his absence , disability, or in case of a vacancy in
4 the office , and such Chief Deputy shall perform all the duties
5 of County Clerk during such absence or until such vacancy shall
6 be filled.
7 (2 ) The County Clerk may appoint such other deputies as
8 may be necessary or required to carry out the duties of the
9 office .
10 (3) The County Clerk shall be the Clerk to the Board of
11 County Commissioners as provided by Article III , Section 3-7 .
12 (4) The County Clerk shall exercise all of the powers and
13 perform all the acts and duties now required or that may hereafter
14 be required by state law to be exercised or performed by the
15 County Clerk.
16 (5) The County Clerk may exercise those discretionary
17 county functions and powers , and provide such services and facilities
18 as may be authorized by law.
19
[Section - 6 -- Qualifications of Chief Deputy. ]
1 Section - 5 -- Article and Section Titles .
2 The Article and section titles of this Charter are inserted
3 for reference and convenience only and shall not be construed to
4 limit, prescribe , or in any way control the scope or intent
5 of any provision therein .
6
7 Section - 6 -- Public Notice .
8 Notice to the public of certain official acts , events , deter-
9 minations , proceedings or meetings shall be given . Unless defined
10 otherwise in the ordinances , rules or laws pertaining to the
11 procedure to which the public notice relates , compliance with the
12 following minimum requirements shall be deemed sufficient public
13 notice : publication by one insertion in a newspaper of general
14 circulation within the county . When the notice informs the
15 public of some event to take place in the future , it shall be
16 published at least five days prior to such event .
17
18 Section - 7 -- Vacancy.
19 Every elective county office shall become vacant , on the
20 happening of any one of the following events , before the expiration
21 of the term of office :
22 (1) The death of the officer .
23 (2) The resignation of the officer.
24 (3) The removal of the officer, by recall or otherwise .
25 (4) The officer ceasing to be a resident of Weld County,
26 or in the case of an officer required to live in a district, ceasing
1 (19) Initiative -- The provision whereby legislation may be
2 initiated by petition and submitted to the voters for approval
3 or rejection at the polls .
4 (20) Law -- State law.
5 (21) Masculine gender -- Includes feminine gender.
6 (22) May -- Is considered permissive .
7 (23) Officer -- An elected official of the county.
8 (24) Person -- An individual, firm, association or corporation .
9 (25) Personnel policies -- As related to the personnel system,
10 statements relative to the general management and procedure of the
11 personnel system.
12 (26) Personnel rules -- As related to the personnel system,
13 regulations and guidelines covering and concerning all, or most,
14 relations between employee and employer .
15 (27) Public Notice -- Notice as defined in this Charter.
16 (28) Qualified elector -- A person entitled to vote at a
17 general election, if registered , and if not registered , otherwise
18 eligible to vote ; the term is synonymous with qualified voter .
19 (29) Recall -- The provision whereby a group of electors may,
20 by petition, require that an election be held to allow the voters
21 to determine if a county officer should be removed from office .
22 (30) Referendum -- The provision whereby any ordinance or
23 resolution , or part thereof , enacted by the Board may be referred
24 to the registered voters of the county to approve or reject at the
25 polls .
26 (31) Shall -- Is considered mandatory.
27 (32) State -- State of Colorado .
28 (33) State law, laws of the state or laws -- All legislation
29 governing Colorado, including the provisions of the state Constitu-
30 tion. References to state laws shall be construed as continuing
1 defines the class title and distinguished one class of positions
2 from other classes . It gives examples of typical duties and
3 responsibilities found at its grade level, and defines minimum
4 skills , knowledges , abilities , and education required.
5 (9) Clerk -- The County Clerk , and where appropriate , the
6 County Clerks appointee , acting as Clerk to the Board.
7 (10) Commissioner -- A member of the Board .
8 (11) Council -- The County Council .
9 (12 ) Councilman -- A member of the Council .
10 (13) County -- Weld County , Colorado .
11 (14) Crime -- A felony or a class 1 or 2 misdeameanor as
12 defined by state law, or a comparable federal crime or crime in some
13 other state .
14 (15 ) Department -- One of the major organizational units of
15 the County.
16 (16) Division -- A primary subdivision of a department.
17 (17) Emergency Ordinance -- An ordinance , the passage of
18 which shall be necessary to the preservation or protection of
19 public health, property , or safety.
20 (18) Employees -- All persons in county service who are not
21 officers .
1 Section - 9 -- Definitions/
2 Unless the context otherwise requires , the words or phrases
3 defined herein shall be given the meaning set forth in this
4 section.
5 ( ) Affidavit -- A statement verifying the truth of the matters
6 stated and sworn to before a person quthorized by law to administer oaths .
7 (1) Administrative code -- A compilation of Board policies ,
8 directives and administrative procedures which relate primarily
9 to internal functioning and to the conduct of county government,
10 in regard to the public at large .
11 (2) Affirmative action program -- As related to the personnel
12 system, the elimination of any prejudicial or discriminatory
13 statements , qualifications or implications which might result in
14 racial, sexual , physical handicap , creed, religion , age or
15 similar discriminations in compliance with federal laws and regula-
16 tions regarding Civil Rights and Equal Employment Opportunity.
17 (3) Agenty -- Any board, bureau, commission, department,
division , or other organizational unit in the administrative branch
18
19 of county government.
(4) Appropriation -- An authorization by the Board to expend
20
from public funds a specific maximum sum for a specified purpose
21
22 and during a specified time .
23 (5) Board -- The Board of County Commissioners .
24 (6) Candidate -- Any person seeking nomination or election
25 to any public office .
26 (7) Chairman -- The Chairman of the Board.
27 (8) Classification plan -- As related to the personnel system,
28 the assignment of positions into occupational groups and series
29 of classes determined by description of a class of positions which
1 to be a resident of the district from which elected .
2 (5) The officer ' s refusal or neglect to take his oath of
3 office , or renew his official bond, or to deposit such oath and
3 bond within the time prescribed by law.
4 (6) The final decision of a competent tribunal, declaring
5 void an officer ' s election or appointment .
6 (7) The final decision of a competent tribunal finding an
7 officer guilty of a crime .
8
9 Section 16 - 8 -- Boards -- Composition .
10 The members of all boards and commissions shall be broadly
11 representative of the community served. "Broadly representative"
12 shall mean representative of the socioeconomic, ethnic , and
13 geographic characteristics of the population served .
14
15
16
17
18
19
20
1 (3) The Board of County Commissioners shall appoint a
2 Board of Health consisting of nine persons . Such board shall
3 be chosen as follows :
4 (a) The Board of County Commissioners shall determine
5 six geographic areas and appoint one member from each of the
6 geographic areas . Each member shall reside within the geographic
7 area for which he is appointed at the time of his appointment
8 and during his term.
9 (b) Three members shall be appointed from the county at
10 large .
11 (c) The geographic boundaries may be adjusted from time
12 to time by the Board of County Commissioners .
13 (d) The term of office shall be for three years said
14 terms to be staggered so that two members from geographic areas
15 and one member at large are appointed each year. The Board of
16 Commissioners shall make the initial appointments for one , two
17 and three years , in order to initiate the staggered terms . No
18 person shall serve more than two consecutive terms as a member .
19
1 (4) The Board of Health shall adopt by-laws which shall
2 state the purposes of the Board and shall at least :
3 (a) Provide for the selection of its officers , and for
4 appointment of standing and special committees necessary to effect
5 the discharge of its responsibilities .
6 (b) Provide for the adoption of a schedule of
7 meetings and attendance requirements .
8 (c) Require that minutes be kept of the Board of Health
9 deliberations and decisions .
10 (d) Require five members constitute a quorum.
11 (e) Provide for studying county health programs and
12 direct their implementation in cooperation with the the Director
13 of Health Services and the Board of County Commissioners .
14 (B) Hospital Divisonn .
15 The Administration of the Weld County General Hospital
16 shall remain as now provided by law and by the rules and regulations
17 of the Board.
18 (C) Other Divisions .
19 The department of Health Services shall contain such other
20 divisions as may from time to time be established by the Board.
21 and shall perform such functions and duties as may from time to
22 time be assigned or reassigned to it .
23
24
25
26
11
1 Section Y. - -- Department of Planning Services .
2 (A) Division of Planning and Zoning .
3 (1) The Director of Planning Services shall be appointed by
4 the Board upon consultation with the Planning Commission.
5 (2) The director of planning services shall :
6 (a) Be responsible for the coordination of the Planning ,
7 Zoning and Inspection Divisions .
8 (b) Perform such functions and duties as the Board shall
9 direct.
10 (3) The Board of County Commissioners shall appoint a Planning
11 Commission consisting of nine persons . Such commission shall be
12 chosen as follows :
13 (a) The Board of County Commissioners shall determine
14 six geographic areas and appoint one member from each of the
15 geographic areas . Each member shall reside within the geographic
16 area for which he is appointed at the time of his appointment
17 and during his term.
18 (b) Three members shall be appointed from the county at
19 large .
20 (c) The geographic boundaries may be adjusted from time
21 to time by the Board of County Commissioners .
22 (d) The term of office shall be for three years , said
23 terms to be staggered so that two members from geographic areas
24 and one member at large are appointed each year . The Board of
25 County Commissioners shall make the initial appointments for
26 one , two and three years , in order to initiate the staggered
27 term. No person shall serve more than two consecutive terms
28 as a member.
JI
1 (4) The Planning Commission shall perform such functions
2 and duties as shall be provided by law and as shall be directed
3 by the Board.
4 (5 ) The Planning Commission shall adopt by-laws which shall
5 state the purposes of the Commission and shall at least:
6 (a) Provide for the selection of its officers , and for
7 appointment of standing and special committees necessary to
8 effect the discharge of its responsibilities .
g (b) Provide for the adoption of a schedule of meetings ,
10 including at least one meeting per month, and attendance re-
„1.1 quirements .
12 (c) Require that minutes be kept of the Planning Commission
13 deliberations and decisions .
14 (d) Require five members to constitute a quorum.
15 (B) Board of Adjustment .
16 The Board of Adjustments shall consist of nine members ,
17 appointed in the same manner and for the same terms as the Planing
18 Commission . The Board of Adjustments will perform such functions
19 and duties as are provided by law.
20 (C) The Department of Planning Services shall contain such
21 other divisions as may from time to time be established by the
22 Board, and shall perform such functions and duties as may from
23 time to time be assigned or reassigned to it.
24
25
26
/3
1 Section -j/ -- Department of Engineering Services .
2 (1) The Board of County Commissioners shall appoint the
3 director of the Department of Engineering who may be known as
4 the County Engineer.
5 (2 ) The County Engineer shall exercise all of the powers and
6 perform all the acts and duties now required or that may here-
7 after be required by state law to be exercised or performed by
8 the County Surveyor.
9 (3) The County Engineer shall perform such functions and duties
10 as the Board shall direct .
11 (4) The department of Engineering shall contain such divi-
12 sions as may from time to time be established by the Board, and shall
13 perform such functions and duties as may from time to time be
14 assigned or reassigned to it .
15
16
17
18
19
i/
1 Section - 6 -- Department of Communications Services .
2 (1) The Board of County Commissioners shall appoint the
3 director of the Department of Communications Services .
4 (2 ) The Director of Communications Services shall perform
5 such functions and duties as the Board shall direct .
6 (3) The Department of Communications Services shall contain
such divisions as may from time to time be established by the
S Board, and shall perform such functions and duties as may from time
9 to time be assigned or reassigned to it .
10
1
ARTICLE X
2
COUNTY SHERIFF
3 Section 10 - 1 -- Qualifications .
4 (1) The County Sheriff shall be a qualified elector of the
5 County .
6 (2 ) The County Sheriff shall have resided in the County
7 for a consecutive period of not less than one year immediately
8 preceding his election .
g (3) The County Sheriff shall be a graduate of a certified law
10 enforcement academy or institution requiring at least 180 credit hours
11 for graduation; or have had a minimum of five years experience as an
12 administrator in law enforcement at the rank of Sergeant, or above .
13 (4) The office of County Sheriff shall be the primary employment
14 of the County Sheriff and he shall not otherwise be employed during
15 the term of office for which he is elected or appointed.
16
17 Section 10 - 2 -- Bond.
18 The County Sheriff shall execute to the people of the State
19 of Colorado, and file in the office of the County Clerk, a bond, as
20 provided by this Charter and approved by the Board. The sureties
21 shall be responsible for the acts of the County Sheriff , the Under-
22 sheriff, and his deputies .
23
24
1 Section 10 - 3 -- Duties .
2 (1) The County Sheriff shall appoint an Undersheriff, who
3 shall also be a general deputy, to serve during the pleasure of
4 the Sheriff.
5 (2) The County Sheriff may appoint such other deputies as may
6 be necessary or required to carry out the duties of the office .
7 (3) The County Sheriff shall exercise all of the powers and
8 perform all the acts and duties now required or that may hereafter
9 be required by state law to be exercised or performed by the
10 County Sheriff.
11 (4) The County Sheriff may exercise those discretionary county
12 functions and powers , and provide such services and facilities as
13 may be authorized by law.
14 (5) The County Sheriff shall provide such law enforcement
15 services to incorporated municipalities as may be provided for by
16 contract between the Board and a municipality.
17
18
1 Section 10 - 4 -- Qualifications of Undersheriff.
2 (1) The undersheriff shall have an Associate of Arts Degree ,
3 or its equivalent, in Police Science , Police Administration, or in
4 some related field.
5 (2) The Undersheriff shall have had at least five years law
6 enforcement experience including substantial administrative and
7 personnel experience .
8 (3) The Sheriff shall determine the above qualifications of
9 the Undersheriff .
10
11 Section 10 - 5 -- Duties of Undersheriff.
12 (1) In case of the absence , disability , or in event of a
13 vacancy in the office of County Sheriff, the Undersheriff shall per-
14 form all the duties of County Sheriff during such absence or until
15 such vacancy shall be filled .
16 (2) The Undersheriff shall perform such other duties as may
17 be directed by the County Sheriff .
18
Section 4-4 -- Department of Planning Services
2
3 (A) Division of Planning, Zoning and Inspection .
4
5 (1) A director of the Department of Planning Services shall be
6
7 appointed by the Board upon consultation with the Planning Commission .
8 (2 ) The Director of Planning Services shall :
9 (a) Be responsible for the administration and coordination
10 of the Planning, Zoning and Inspection Divisions .
11 (b) Subject to rules and regulations promulgated by the
12 planning commission:
13 (i) supervise the issuance of all building permits .
14 (ii) direct and coordinate the activities of the
15 building, electrical and plumbing inspections .
16 (c) Coordinate activities between the Board of Adjustment
17 and the Planning Commission and provide the necessary liason
18 personnel to work with the Board of Adjustment.
19 (d) Coordinate the activities assigned to the Planning
20 Commission affecting the County in connection with the Regional
21 Council of Governments.
22 (e) Be responsible for planning and coordinating of all
23 County parks and recreational facilities .
24 (f) Perform such functions and duties as the Board shall
25 direct.
26
751/C2
1 (4) The Planning Commission :
2 Ca) Shall act and decide on all petitions and applica-
3 tions submitted to it pursuant to law or regulation.
4 (b) Shall perform such functions and duties as shall be
5 provided by law and as shall be directed by the Board.
6 Cc) All decisions of the Planning Commission shall be
7 subject to appeal to and review by the Board in accordance with
8 state law and the rules and regulations established by the Board.
9 (d) Applications for re-zoning shall be referred to the
10 Board in accordance with the state law and the rules and regulations
11 of the Board.
12
1 in a conspicuous place in the offices of the Board at the time such
2 notice is given to members of the Board. No business shall be trans-
3 acted at a special meeting unless the same has been stated in the
4 notice of such meeting .
5 (3) When a regular or special meeting is adjourned or recessed
6 to a time certain, notice of the time and place of the reconvening
7 thereof shall be posted in a prominent place in the offices of
8 the Board.
9
10 Section 3-12 -- Quorum.
11 Three of the members of the Board in office at the time shall
12 be a quorum for the transaction of business .
13
14 Section 3-13 -- Majority Required.
15 Any resolution or ordinance to be adopted, amended, or repealed,
16 shall require concurrence of three of the members of the Board
17 in office at the time .
18
19 Section 3-14 -- Ordinances.
20 (1) An ordinance may be introduced at any regular meeting
21 by any member of the Board . Upon introduction it shall be pre-
22 sented and read a first time , and public notice of the proposed
23 ordinance given at least ten (10) days before its second reading.
24 If, upon second reading, a majority of the Board approves the
25 ordinance , public notice shall be given a second time as a
26 proposed ordinance , at least ten (10) days before its final passage .
27 Upon final adoption, public notice shall again be given.
i3
1 (2) Except in case of an emergency ordinance , an ordinance
2 shall become effective five (5) days after its final public notice
3 unless a later date is specified in the ordinance .
4 (3) Every ordinance, except a general budget ordinance , a general
5 appropriation ordinance , an ordinance adopting a code by references,
6 shall be confined to a single subject which shall be clearly expressed
7 in its title .
8 (4) All ordinances shall be introduced in written or printed
9 form. No ordinance shall be amended by reference to its title only,
10 but the revised sections of the ordinance , as amended, shall be
11 re-enacted and published in full , except as otherwise provided herein
12 for amendments to codes . However , an ordinance or section thereof
13 may be repealed by reference to its title and ordinance or code
14 number only.
15 (5 ) The enacting clause of all ordinances shall be : "Be it
16 ordained by the Board of County Commissioners of Weld County,
17 Colorado. "
18
1 (4) The Planning Commission :
2 (a) Shall act and decide on all petitions and applica-
3 tions submitted to it pursuant to law or regulation.
4 (b) Shall perform such functions and duties as shall be
5 provided by law and as shall be directed by the Board.
6 Cc) All decisions of the Planning Commission shall be
7 subject to appeal to and review by the Board in accordance with
8 state law and the rules and regulations established by the Board.
9 (d) Applications for re-zoning shall be referred to the
10 Board in accordance with the state law and the rules and regulations
11 of the Board.
12 (e) No utility delivery system shall be constructed
13 nor shall rights of way or easements be negotiated for until
14 the entity developing such system shall have made application
15 to the Weld County Planning Commission pursuant to the rules
16 and regulations of the Planning Commission and until such
17 utility system has been approved by the Board .
18 (f) The Planning Commission shall establish rules and
19 regulations covering applications for utility easement systems
20 and hearings thereon . The application shall include all information
21 required by the Board including environmental and impact statements .
22 (g) The Planning Commission shall make its recommendation
23 to the Board as to whether an application for a public utility
24 system should be granted or denied and the Board shall make a
25 final determination .
26 fq! /I
1 (g) Initiate suits or actions on behalf of the county.
2 (h) Create such agencies , boards and commissions as the
3 Board may deem necessary or as may be required by state law, and
4 appoint the members thereof . The action creating an agency,
5 board or commission shall also set forth compensation, duties , and
6 responsibilities as well as any qualifications and conditions of
7 service . The Board may designate itself to perform the func-
8 tions and exercise the process of any such board or commission,
9 unless prohibited by state law or this Charter.
10 (i) Appropriate funds for all lawful purposes ;
11 (j ) Establish and levy taxes , charges , fees and licenses .
12 (k) Regulate , license, and tax utilities to the extent
13 permitted by law.
14 (1) Purchase or otherwise acquire , hold, own, sell ,
15 trade , transfer, divide , lease , encumber, or reserve interest
16 in real and personal property, and receive gifts and grants ,
17 in the name of the county.
18 (m) Approve and execute , on behalf of the county,
19 all contracts . Contracts shall be executed for the Board by
20 the Chairman .
21 (n) Act as a board of appeals to hear complaints on actions
22 taken by county boards , commissions and departments . Procedure
23 for appeals shall be as set forth in the administrative code ,
24 or by resolution of the Board . No person shall be denied the right
25 to appeal , provided they comply with the administrative procedures
26 established by the Board .
27 (o) Establish salaries or other compensation for the
28 county attorney, assistant county attornies , and all other county
29 employees, or appointees not included within the personnel system.
30
ARTICLE V
DEPARTMENT OF LAW
1 Section 5 - 1 -- County Attorney -- Appointment.
2 (1) There shall be a Department of Law, the director of which
3 shall be known as the County Attorney. He shall be appointed by
4 the Board for an indefinite term and his employment may be term-
5 inated by majority vote of the Board .
6 (2 ) The office of County Attorney shall be the primary employ-
7 ment of the County Attorney and he shall have no other employment
8 as an attorney.
9 (3) The Board may appoint such assistant county attorneys as
10 it deems necessary subject to the same term and limitations as the
11 County Attorney .
12
32
1 (5 ) No County employee shall lose any vested retirement bene-
2 fits by reason of any change in retirement plans .
3 (6) Elected officials shall make appointments to fill
4 vacancies in their departments from a list of names certified
5 by the personnel department to be qualified for the position
6 to be filled. The elected official may interview each
7 person on the list and examine the qualifications and shall have
8 the authority to reject all persons on the list , whereupon the per-
9 sonnel department shall certify a new list .
10 Elected officials shall have direct authority over the
11 employees in their respective offices pursuant to the County
12 personnel policies, rules , regulations , job classification and
13 compensation plans .
14
1 (7) All employees of the County shall be included within
2 the provisions of the personnel system, except the Board may, in
3 its discretion, exclude the employees of certain divisions , and except
4 the undersheriff and chief deputy of each elected official , temporary
5 employees , advisors , and consultants retained by contract, the County
6 Attorney and Assistant County Attorneys , and except as otherwise
7 provided by law.
8
9
10
1 Section 16-9 -- Conflict of Interest .
2 (1) General: No County officer , member of an appointed
3 Board, or employee shall have any interest in any enterprise or organiza-
4 tion doing business with Weld County which might interfere with the un-
5 biased discharge of his duty to the public or prevent the exercise of abso-
6 lute loyalty and undivided allegiance to the best interest of the County .
7 This restriction shall not apply where the officer, member of an appointed
8 board, or employee ' s department has no direct contact nor business
9 transaction with any such enterprise or organization.
10 (2) Specific :
11 (a) No employee of the Central Purchasing Division shall
12 have any interest in any enterprise or organization doing business
13 with Weld County .
14 (b) Neither the Treasurer nor employees of the Treasurer ' s
15 office shall have any proprietary interest in any financial institu-
16 tion in which the County maintains deposits .
17
751A
4 IT
i Section 4-2 -- Department of Finance, Central Purchasing, and
2 Personnel.
3 (A) The Division of Finance and Central Purchasing shall: -
4 (1) With the assistance of the elected officials and depart-
s
s ment directors , gather together the information necessary for the pre-
6 paration of the budget, and in such form as the Board directs, prepare
7 a preliminary draft of the budget for the next fiscal year and submit
8 it to the Board by such date as the Board may direct. Such preliminary
9 draft shall include recommended operating expenses, capital expendi-
l0 tures, and revenue sources for all departments and units of the county
11 government, and any other information deemed necessary.
12
1 Section 2-2 -- Exercise of Power.
2 All executive , administrative , and legislative powers ,
3 functions , duties and prerogatives now or hereafter possessed by
4 Weld County shall be vested in a Board of County Commissioners
5 and in the Elective Officers provided for by this Charter. Executive
6 and administrative powers , hereby vested in the Board may, to the extent
7 provided in this Charter, be exercised by the departments herein es-
8 tablished as agents of the Board. The legislative powers of the County
g shall be exercised only by the Board.
10
1 Section 2-3 -- Cooperative Agreements .
2 The county shall have the power to enter into contracts or
3 agreements with other governmental units for joint use of
4 buildings , equipment, and facilities , and for furnishing and re-
5 ceiving commodities or services , including law enforcement ser-
6 vices . Such agreements or contracts shall be authorized only by the
7 Board of County Commissioners .
B Section 2-4 -- Service Districts .
9 The county shall have the power, when authorized and per-
10 mitted by law, and requested by a district, to provide functions and
11 services within existing service districts . New service districts may
12 be created only after the purpose and boundaries of such district
13 have been submitted to and approved by a majority of those voting
14 electors living in and owning property in the district . The procedure
15 for designating and establishing special districts and submitting the
16 question to the voters shall be established by the Board.
17 Special districts may be created under such laws as are now in
18 effect or may hereafter be adopted .
19 The county shall have the power to charge , levy and collect such
20 taxes and other revenues as may be authorized or permitted by law or
21 this Charter within such service districts for the support of district
22 functions and services .
23
24
ADMENDMENT SECTION 4
DEPARTMENT OF PLANNING AND ZONING
C. Utility Delivery Systems
1. No utility delivery systems shall be constructed nor
shall right of way or easements be negotiated for,
until the entity using such systems shall have made
appropriate application to the Weld County Planning
Commission.
2. Application to include all necessary information is
they may require.
3. Official hearings before the Board of County Commissioners.
4 - 6 --
(3)
(a) The Board of County Commissioners may appoint the head of the Extension
Service, who may be known as the County Agent, with the approval of the State
Extension Director
(b) The County Agent shall perform such functions and services as are
directed by the Board which may include the 4 - H programs.
Section 18 - 11 -- Continuation of Programs
All functions, operations and programs now being conducted by the County shall
continue until otherwise provided by the Board,
85 A
ARTICLE V
DEPARTMENT OF HOSPITAL SERVICES
Section 5 - 1 -- Board of Trustees .
(1) The Board of Trustees of Weld County General Hospital
shall be appointed by the Board as now provided or as may hereafter
be provided by law.
(2 ) The Board of Trustees shall govern, and such hospital shall
be administered pursuant to state law.
(3) The Board of Trustees shall provide for hospital purchas-
ing and personnel administration . Policies , rules and regulations
adopted by the Board of Trustees shall be in full compliance with
federal and state requirements . The Board of Trustees may use the
County purchasing and personnel divisions .
(4) Members of the Board of Trustees shall be appointed for
three year terms and no person shall serve more than two consecu-
tive terms.
(5) The County attorney shall represent and advise the Board
of Trustees .
Section 5 - 2 -- Director of Hospital Services .
The Board of Trustees shall appoint the hospital administrator,
who shall be the director of Hospital services , and who shall perform
such duties as are prescribed by law or as required by the Board
of Trustees . The Board of Trustees may appoint such assistant directors
as may be necessary.
Add to 4 - 1 (7) or "Department of Health Services . "
Add to 4 - 1 (9) line 8 after department of law inside parenthe-
sis. . . "or Department of Health Services) " .
Add the word public in front of health
page 21 , line 14, 16 , 18 , 20 , 24
page 22 , line 4, 14
page 23 , line 3, 10 , 15 , 23
page 23 , line 22 "C" becomes "B" .
All Articles after V would be renumbered accordingly.
Page 20 , lines 21 - 27 . Some change may be necessary if we want
Trustees to retain control. e . g. Employees of the hospital may be
included in the personnel plan by agreement between the Board and
the Board of Trustees .
Page 21 , add" (3) Interest on Weld County General Hospital Funds
shall be retained in such funds . "
,2) INCREASED LEVY--PROCEDURE
La) .±f the board be of the opinion, the amount of tax limited by the
preceeding section will be insufficient forthe co Inty needs for .the
current year. It may increase the amount of revenue uo to but not
more than an additional five per cent under the following conditions;
1. The additional increase must be snecif:ieti in the notices of budget
hearings and the specific reason or need must be given in notice of
budget hearings.
2. The electors of Weld County have the right by petition to call for
a referendum in regard to extra `ncrease within twenty one days after
the first budget hearing. Procedure as outliner on page 6u Section 15-b-11)
3. If a referendum petition is not filed, the board *.gill be allowed this
increase. If petition is filed people will decide by vote.
0b) If board needs more than this it mast go to vote of the people as out- 0
lined page 53 Section 111-7 ‘2,
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,2) INCREASED LEVY--PROCEDURE
a) ...f the board be of the opinion, the amount of tax limited by the
prececding section will be insufficient forthe county needs for .the
current year. It may increase the amount of revenue un to but not
more than an additional five per cent under the following conditions:
• 1. The additional increase must be snecifiAti in the notices of budget
hearings and the specific reason or need mist be given in notice of
budget hearings.
2. The electors of Weld County have the right by Petition to call for
a referendum in regard to extra 'ncrease within twenty one days after
the first budget hearing. iProcedure as outlines on page 6u Section 15-4-111
3. if a referendum petition is not filed, the board will be allowed this
increase. If petition is filed people will decide by vote.
,bj if board needs more than this it mast go to vote of the people as out-
lined
page 53 Section ltt-7 k2,
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,2) INCREASED LEVY--PROCEDURE •
,a) .if the board be of the opinion, the amount of tax limited by the
preceeding section frill be insufficient forthe comty needs for .the
current year. it may increase the amount of revenue up to but not
more than an additional five per cent under the following conditions;
• 1. The additional increase must be specifi i in the notices of budget
hearings and the specific reason or need must be given in notice of
budget hearings.
2. The electors of Weld County have the right by petition to call for
a referendum in regard to extra `ncrease within twenty one days after
the first budget hearing. iProcedure as outline: on page 6u Section 15-h-t1*
3. If a referendum petition is not filed, the board will be allowed this
increase. If petition is filed people will decide by vote.
0bj If board needs more than this it mast go to vote of the people as out- i!
lined page 53 Section 14-7 \2,
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,2) INCREASED LEVY--PROCEDURE
g
(a) if the board be of the opinion, the amount of tax limited by the
preceoding section will be insufficient forthe county needs for .the
current year. It may increase the amount of revenue uo to but not
more than an additional five per cent under the following conditions;
1. The additional increase must be specif Ate in the notices of budget
hearings and the specific reason or need mist be given in notice of
budget hearings.
2. The electors of Weld County have the right by petition to call for
a referendum in regard to extra increase within twenty one days after
the first budget hearing. cProcedure as outliner on page 6u Section 15-4-1/411
3. If a referendum petition is not filed, the board will be allowed this
increase. If petition is filed people will decide by vote.
Op) If board needs more than this it mast go to vote of the people as out- I�
lined page 53 Section 14-7 k2,
r'
,2) INCREASED LEVY--PROCEDURE
a� 1f the board be of the opinion, the amount of tax limited by the
prececding section will be insufficient forthe cointy needs for .the
current year. It may increase the amount of revenue uo to but not
more than an additional five per cent under the following conditions;
1. The additional increase must be specifies in the notices of budget
hearings and the specific reason or need mist be given in notice of
budget hearings. .
2. The electors of Weld County have the right by petition to call for •
a referendum in regard to extra `ncrease within twenty one days after
the first budget hearing. Procedure as outline ° on page 6u Section 15-h-1/411
3. If a referendum petition is not filed, the board. will be allowed this
increase. If petition is filed people will decide by vote.
Op) If board needs more than this it mast go to vote of the people as out- I!
lined page 53 Section 14-7 12,
P.
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Section 14 - 7 -- Limitation on Annual Tax Levy
(1) Limitation. Except as otherwise provided herein, all ad
valorum tax levies for county purposes , when applied to the total
valuation for assessment of the County, shall be reduced as to pro-
hibit the levying of a greater amount of tax revenue than was levied
from ad valorum taxation in the preceeding year plus five per cent
(5%) except to provide for the payment of bonds and interest thereon .
(2 ) Increased levy -- procedure .
(a) If the Board be of the opinion, the amount of tax
limited by the preceding section will be insufficient for the
county needs for the current year , it may submit the question of
an increased levy to the County Council , and the County Council
shall examine the needs of the County and ascertain from such
examination the financial condition thereof, and if in the opinion
of a majority of the County Council that the County is in need
of additional funds , the Council may grant an increased levy for
the County in such amount as it deems appropriate , and the County
is authorized to make such increased levy. However, no such
excess levy shall be granted which will allow a greater revenue
than would be produced by applying the previous year mill levy
to the current years assessment valuation .
(b) In case the County Council refuses or fails within
days after submission to it of an adopted budget to
grant such increased levy, or all of it, or in the event an
increase beyond that which the counsel is authorized to grant
is sought, the question may be submitted to the qualified electors
of the County at a general or special election called for that
purpose .
(c) Due notice of submission of the question of whether
to grant the increase levy shall be given by the County Clerk
for at least thirty (30) days in advance of the date set for the
general or special election by giving a public notice as provided
herein. If a majority of the votes cast at any such election
is in favor of the increased levy as named in said election
notice , then the County may make such increased levy.
(d) In the event such increase shall be voted by the
electors under the preceding subsections , the increased revenue
resulting therefrom shall be included in determining the five
per cent (5%) limitation in the following year .
SECOND READING
OF THE
HOME RULE CHARTER
FOR
WELD COUNTY, COLORADO
Hello