HomeMy WebLinkAbout20184205.tifft
To: Bruce Barker
From: Jackie Johnson
Re: HRC
Date: 3/23/2018
The following are my observations about possible amendments to the Weld County Home Rule
Charter. I am seeking your input so that I can decide whether or not to raise these issues at the Study
Committee's next meeting.
Article II; Section 2.2:
I think the first sentence would be clearer if it read: "All executive, administrative and
legislative powers, functions, duties and prerogatives now or hereafter possessed by Weld County shall
be vested in a Board of County Commissioners or in the Elected Officers as provided for by this Charter."
I agree your version says the same thing but better than current language; however, I wonder if
voters might misunderstand this as a "power grab" by Commissioners?
Article III; Section 3.7:
Is the Clerk to the Board of County Commissioners subject to the personnel policies, rules
and regulations, and classification and compensation plans? I see that can be accomplished by resolution,
but I wonder what the general practice has been.
The Clerk to the Board is subject to the personnel policies, etc. After we wrote the language for
the appointment of the Coroner and Treasurer, we realized we should have used the same language for
the Clerk to the Board. We wrote every resolution which appoints the Clerk to the Board to say he or she
is subject to the personnel policies, etc.
Article IV;
Section 4.1(6):
Should the word "director" be substituted for the word "head"?
Yes. "Director" is correct. "Head" is not.
Section 4.4(A)(2)(d):
Is there still a Regional Council of Governments?
There are some in other parts of Colorado; some recently created. I think the concept has
morphed into more of a transportation/metropolitan planning organization than a coalition of
governments for coordinating effors as it was intended to be back in the 1970's.
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Section 4.4(A)(3)(a):
Are the geographic areas for the Board of Health and the Planning Commission the same?
They are different. I will see if I can get a copy of the Planning Commission boundaries resolution
and send it to you.
Section 4.4(A) (4) (e) :
I don't understand the meaning of the last sentence.
I think the last sentence was transitional, meaning after the Charter effective date, those
transmission easements and rights -of -way could remain and were not required to go through an approval
process. Not sure that is what is meant, but it is the best I can figure.
Section 4.4((B):
How can the Board of Adjustment be appointed in the same manner as the Planning
Commission if there are only five members rather than six?
Good question. We have interpreted "the same manner" as being that the 5 must come from
different geographic districts, but not saying they must be identical to those of the Planning Commission.
Section 4.5(1):
What constitutes eligibility for a registered professional engineer?
Drew Scheltinga told me one time. I seem to remember there can be a combination of school and
experience. The current Director of Public Works is not licensed or eligible for license as a registered
professional engineer. Some of his predecessors (George Goodell, Dave Becker and Pat Persichino) also
were not. We have interpreted the "may" to allow for someone else in the Department to be the County
Engineer.
Article XI; Section 11.2:
Because the County Treasurer is no longer an Elected Official, should there be some
qualifications for appointment?
We thought about that question before settling on the language in 6-1. Reference back in 6-1 to
4-1(4) allows the Board to establish the qualifications, but it does seem awkward that Section 11-2 calls
out qualifications for the Chief Deputy but not the Treasurer.
Article XIII;
Section 13.8(5):
In the second paragraph, should the word "and" (between State and Federal Court) be
"or".
Yes. Should be "or."
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Section 13.9(1):
What is the meaning of the last sentence?
I think that last sentence is an effort to be like C.R.S. § 1-12-108(2)(b), which states:
§ 1-12-108. Petition requirements --approval as to form --determination of sufficiency--protest--offenses
(2)(a) The petition for the recall of an elected official may consist of one or more sheets, to be fastened
together in the form of one petition section, but each side of the sheet that contains signatures of eligible
electors shall contain the same heading and each petition section shall contain one sworn affidavit of the
circulator. No petition shall contain the name of more than one person proposed to be recalled from office.
(b) The petition for recall may be circulated and signed in sections, and each section shall contain a full and
accurate copy of the warning as required by paragraph (b) of subsection (3) of this section, the title in
paragraph (c) of subsection (3) of this section, the general statement as described in section 1-12-103, and
appropriate columns or spaces for the information required in paragraph (b) of subsection (5) of this section.
Each petition section shall designate, by name and address, a committee of up to three persons that shall
represent the signers in all matters affecting the petition.
I cannot recall ever having to review a recall petition, so the issue of "shall" or "may" has never
come up. If we were to receive a petition now, we would figure the statute controls and requires a
committee. The is a place on the petition to set forth such name(s).
General Question about County Council:
Given their role in setting salaries and overseeing recalls, does a conflict of interest arise
if a County Council member or candidate for that position also participates in the campaign of a County
Commissioner?
I think it does. That Councilperson would need to recuse himself or herself from the consideration
required by Section 13-8(4) if the Commissioner who is the subject of the recall petition is the same person
for whom the Councilperson campaigned.
If you don't have time to deal with these things, I can raise them at the next meeting. Thanks.
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