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Home My WebLink About20184201.tifft MEMO TO: HRCC MEMBERS FROM: JACKIE JOHNSON RE: PUBLIC HEARINGS DATE: 5/11/2018 CC: BRUCE BARKER The purpose of this Memo is to summarize the issues that have been raised concerning possible amendments to the Weld County Home Rule Charter. I have relied on the minutes of our public hearing meetings, documents provided to us at those meetings by citizens, information provided by Weld County officials and my own notes. Please let me know if you think I have omitted any issues and/or if you wish to propose other issues. I have not attempted to prioritize the issues, but it might be helpful to do so in order to have a guideline for the HRCC agendas in the weeks to come. I. ISSUES RAISED BY BRUCE BARKER 1. Section 2-3: Cooperative Agreements "Expanding" the language to be more similar to Colorado Statute v 2. Section 3-6 — Commissioner — Departments Indicates 4 instead of 5 Departments -.,d, 3. Section 4-1: Departments Created Identifies coordination duties; provides for assistance of second commissioner The issue of coordination was also addressed in public hearings, with suggestions as follows: Ms. Grillos: objected to lack of coordination assignment to every Commissioner Ms. Pelf: move from Coordinator structure to County Administrator Ms. DeLorenzo: define meaning of coordination \, 4. Section 3-8: Powers and Duties Eliminates requirement to act by ordinance in cases of contracts and disposition of real property This issue was also addressed in public hearings, with suggestions as follows: Ms. Grillos: proposed contracts over $150,000 remain subject to the ordinance provision 020/J, $ 2O' ,�ooi3 Ms. DeLorenzo: proposed contracts over $500,000 be subject to the ordinance provision Ni 5. Section 3-9(3): Compensation Eliminate, as it was a "transitional" section 6. Section 3-11(1): Meetings Revise to clarify that section is applicable to "Official Meetings" and further clarify language concerning cancellation 7. Section 6-1: Elective Officers Clarify that the offices of Commissioner, Assessor, Sheriff and Clerk and Recorder are elected; replace "Elective" with "Elected" N Although Mr. Barker did not address the issue of elected vs. appointed officers, it was addressed in public hearings with suggestions as follows: Ms. Grillos: proposed electing all county officers rather than appointing them to assure the Commissioners do not amass too much power Ms. Peif: supported keeping the Assessor and Clerk and Recorder Ms. DeLorenzo supported electing all county officers Mr. Mueller favored appointment of the Treasurer and the Assessor due to the expertise needed in those offices. N 8. Section 10-1: Qualifications (Sheriff) Determine whether the current language is consistent with present Colorado statute Sheriff Reams: indicated that the Charter's qualifications are stronger than state law; suggested deleting Section 10.2 -Bond and Section 10.6 -Jailer -County not Furnish Residence; expressed preference for keeping the office elected; supported current term limits; and stated that Sections 10.3(Duties), 10.4(Qualifications of Undersheriff), and 10.5(Duties of the Undersheriff should be retained. q, Sections 4-3(B) (Hospital Division) and 14-7(Limitation on Annual Tax Levy) Recommended no changes II. ADDITIONAL ISSUES RAISED IN PUBLIC HEARINGS 1. Section 3.3: Qualifications of Members (Commissioners) 2. Ms. DeLorenzo proposed that Commissioners be required to live in their geographic district for at least one year prior to announcing candidacy or being appointed Ms. Kilpatrick agreed with a one year residency requirement Ms. Grillos proposed a residency requirement of six months prior to announcing candidacy or appointment Ms. Peif proposed a one year prior to "filing paperwork to run" residency requirement. N 3. Section 3-4: Terms of Office (Commissioners) Ms. Grillos expressed her preference for three full terms rather than three consecutive terms Mr. Kilpatrick preferred a limit of two four year terms Ms. Peif favored three total term limits Ms. DeLorenzo proposed no more than a total of two consecutive terms At the request of Mr. Kisker, the following persons testified concerning term limits as follows: Ms. Patersen stated term limits minimize risk but loss of experience can be unfortunate Mr. Grimaud favored two consecutive terms with the ability to seek a different office "after one off cycle" Mr. Oplinger endorsed the current provision of three terms to retain expertise Mr. True favored a two term limit (fdo) 4. Section 3.8(4)(c): Powers and Duties (Commissioners) Ms. Grillos proposed deleting the phrase "and through them, direct the functions of county offices, departments, divisions and agencies (NO) 5. Section 3.8(4)9(p) — Powers and Duties (Commissioners) Ms. DeLorenzo suggested that travel expenses related to county business should be paid at the "Current Fiscal Year Per Diem for Colorado" (es) 6. Section 3.11(2) — Meetings Ms. Grillos proposed that special meetings be posted on the website s. DeLorenzo proposed notice of special meetings at least twenty-four hours prior to the meeting on the county website N1 7. Section 4.2 — Department of Finance and Administration Ms. Grillos proposed a residency requirement for the finance officer Ms. Peif suggested a finance manager separate from the county administrator/manager and proposed that top administrators, including the finance director be full time employees and subject to a 60 mile residency requirement Ms. DeLorenzo offered language concerning the duties of the finance officer and she proposed the position be full time, with no telecommuting NO) 8. Section 4.2(8)(b) — Division of Human Resources Ms. Grillos proposed that the decision of the personnel appeals board be final, with no appeal to the Commissioners Ms. Peif also favored making the grievance board decision final NO 9. Section 5.1— County Attorney -Appointment Ms: Grillos favored electing the county attorney () 10. Article VI — Elective Officers Public input regarding this issue is set forth in paragraph 1.7 above 11. Article XIII — County Council With respect to issues of term limits and residency requirements, the public input was similar to that regarding other county offices. The following suggestions were offered: Ms. Grillos proposed the Council develop and enforce a code of ethics and that its decisions should be final; that it should, with "independent professional assistance, develop and implement a Whistleblower program; that it have an "independent" budget; that it should have sole authority and duty to implement recommendations of performance review audits, to order investigation of any elected official and to impose discipline that it have independent counsel and sole authority to select same; and that it have authority to attend meetings and work sessions of any elected official. Mr. Grand noted that the Council was not precluded from looking at ethical complaints and he expressed concern with the balance between Commissioners and Council, recommending a process/mechanism in the Charter to force people to discuss or mediate issues and to protect citizens who file a complaint Ms. Peif suggested that the Council be in charge of rotating performance audits with an outside auditor and that it have authority to enforce its recommendations; and that the Council should set not only salaries, but also benefits for Commissioners Ms. Kilpatrick favored a separate budget and legal counsel for the Council Mr. James favored giving greater authority to the Council to serve as the code of ethics watchdog and to oversee a whistleblower program and giving it an independent budget Ms DelLorenzo also favored these suggestions Ms. Peif supported giving the Council more enforcement authority such as fines and punishments for violation of the Charter and also providing it a separate clerk and legal counsel Mr. Kilpatrick stated that the County Council should be strengthened by receiving compensation such as mileage, benefits and expense reimbursement, as well as independent legal counsel, when needed, and authority to hear appeals of the Commissioners; and he favored giving authority to review, censor or impose fines for unbecoming conduct by an elected official Mr. Mueller stated the Council has become very political and favored its elimination 12. Article XIV — Finance and Budget Ms. Grillos proposed requiring at least two public hearings on the annual budget and a further hearing if changes are made and that the budget given notice of such hearings and a copy of the budget on the County website Ms. DeLorenzo concurred with Ms. Grillos' suggestions and further proposed a public hearing on the five year capital improvements program and budget 13. Miscellaneous Without specific charter references, the following issues were raised at the HRCC's public hearings: (+) N - Listing of qualifications for all public offices Need for "transparency" in all areas of county government Requiring that elected officials not have been convicted of a felony Adding a recodification provision to the Charter to "clean up" antiquated items and inaccurate language Restrictions on previously elected officials and/or employees from serving on an appointive county board Hello