HomeMy WebLinkAbout20183889.tiff AD-HOC Weld County Home Rule Charter
Amendment Study Committee
Meeting Minutes June 27, 2018
I. CALL TO ORDER—ROLL CALL:
Al Dominguez, Chair Pro-Tem,called the meeting to order at 6:30 p.m. The following Committee
members were present: Sam Gluck, Mark Lawley, Dave Kisker, Justus Pettit, Garrett Varra, and
James Welch; and Jackie Johnson and Ray Patch were excused. Also present were Bruce Barker
- County Attorney, and Esther Gesick- Clerk to the Board.
II. APPROVAL OF MINUTES—JUNE 20, 2018: Mr. Varra moved to approve the Minutes
of June 27, 2018. The motion was seconded by Mr. Pettit, and it carried unanimously.
III. NEW BUSINESS:
A. REVIEW OF RECOMMENDED REVISIONS: Chair Pro-Tern Dominguez reviewed the
summary of recommended revisions which have been voted on by the HRCC members,
to date, a copy of which is attached as Exhibit A.
Jane Patterson, Johnstown resident and League of Women Voters representative,
referenced the proposed Recodification provision and inquired concerning the criteria or
standards of"substantially"when applied to Charter revisions. Chair Pro-Tern Dominguez
and Mr.Barker agreed the terminology is somewhat subjective. Mr.Kisker explained there
are many obsolete provisions and antiquated language which should be updated, and he
expressed his belief that what is deemed"substantial"would have public oversight through
the three-reading ordinance process. He stated, in theory, if members of the public are
diligent they would have the ability to provide input if they feel a recommended change for
recodification exceeds the scope of a minor recodification. Ms. Patterson urged the HRCC
members to seek and craft concise language to eliminate concerns of misuse. In response
to Mr. Pettit, Ms. Patterson stated she is in support of the idea, as long as the intent is to •
make the Charter clear and relevant through a transparent process. Responding to
Ms. Patterson, Mr. Barker stated the handout summary is currently a draft of what the
HRCC members have compiled so far for purposes of discussion, and the recommended
revisions will become part of a legal document to be presented to the Board of Weld County
Commissioners for consideration and placement on the November ballot.
Mr. Varra suggested recodification could be constrained to formatting of articles and
sections, and use of modern language. Mr. Barker agreed it is typically limited to making
items easier to find or understand without changing the intent or context of the existing
language. Following discussion concerning the use of a formal definition and placement
of the recommended language, the HRCC members tasked Mr. Barker with crafting
language for consideration at the next General Meeting on July 11th.
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The HRCC members invited any additional input that wasn't previously presented in the
community and public input meetings. In response to Ms. Patterson concerning
advertisement and promotion of the Charter Review process, Mr. Gluck stated initially the
HRCC members requested funding which was not granted; however, it was posted on the
County website, the public calendar, and the County's Facebook page. Mr. Dominguez
acknowledged attendance has been sparse, in general. Ms. Patterson requested an
additional public meeting. Mr. Varra commented the next meeting is open to the public
and the HRCC members need to have adequate time to finish crafting the formal language
prior to the presentation to the Commissioners on July 23rd. Mr. Barker agreed the
proposed revisions (Exhibit A) can be posted on the County website for public inspection
and review. Chair Pro-Tem Dominguez agreed to reserve the first 30 minutes of the July
11th meeting for any additional public input concerning what is detailed in Exhibit A.
Mr. Gluck also noted the HRCC members have conducted 16 weekly meetings since
March 13,2018, and there were members of the public in attendance at 13 of the meetings.
Ms. Patterson agreed to share the information with her distribution list of approximately 25
Johnstown residents, as well as the League of Women Voters leadership who may be able
to further distribute.
IV. ADJOURNMENT: The next meeting will be held on July 11th, at 6:30 p.m., in the Weld
County Administration Building — Pawnee Conference Room, to take public input and
discuss the draft of the introductory summary document being crafted by Mr. Kisker and
Chair Johnson. There being no further discussion,Mr. Kisker moved to adjourn the meeting,
which was seconded by Mr. Varra, and carried unanimously. Chair Pro-Tern Dominguez
adjourned the meeting at 7:07 p.m.
*Minutes submitted by Esther E. Gesick, Clerk to the Board
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EXHIBIT
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PROPOSED CHANGES TO THE WELD COUNTY HOME RULE CHARTER BY THE
HOME RULE CHARTER STUDY COMMITTEE - 6/ 27/ 18
ARTICLE II - COUNTY POWERS
Section 2 - 2 . - Exercise of Power .
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 in
the Elective Elected Officers provided for by this Charter . Executive and administrative powers,
hereby vested in the Board may, to the extent provided in this Charter, be exercised by the
departments herein established as agents of the Board . The legislative powers of the County shall
be exercised only by the Board .
ARTICLE III - BOARD OF COUNTY COMMISSIONERS
Section 3 - 6 . - Commissioner - Departments .
( 1 ) The Department of Finance , Central Purchasing, and Personnel and Administration
shall be coordinated by the Chairman of the Board of County Commissioners .
( 2 ) Each of the other four three major departments, as established by Article IV, shall be
coordinated by one of the other Commissioners together with assistance from
another Commissioner, both of whom shall be appointed by the Board at its first
meeting in January each year .
Section 3 -8 . - Powers and Duties .
( 1 ) The Board of County Commissioners shall be the governing body of the County . It shall
exercise all the powers and perform all the duties now required or permitted or that
may hereafter be required or permitted by State law to be exercised or performed by
County Commissioners in either home rule or non - home rule counties .
( 2 ) It shall exercise all powers of the County to determine policy and to enact legislation .
( 3 ) It shall be responsible for the proper exercise by the County departments and other
agencies established by this Charter or by the Board for all executive and
administrative powers and duties delegated thereto .
( 4 ) Without limiting the generality of the foregoing or diminishing the total authority and
responsibility of the Board as herein provided , the powers and duties of the Board
shall include duties and powers to :
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( a ) Perform or provide for the performance of any duties and responsibilities required
by statute or the Constitution of Colorado of County Commissioners in home rule
counties and non - home rule counties .
( b ) Enact legislation including such means of enforcement thereof as shall be
authorized by law, and otherwise formally promulgate county policy . Unless
otherwise required by statute , the Board shall act only by ordinance in matters of
legislation , contracts, and appropriations , and disposition of real property, and by
ordinance , resolution or motion , as may be appropriate, in other matters .
( c ) Appoint , remove and establish qualifications of department heads, and through
them , direct the functions of county offices, departments , divisions and agencies .
( d ) Appoint and remove the County Attorney, pursuant to Section 5 - 1 of this Charter,
and retain such other professional advisors as the Board may deem necessary .
( e ) Adopt an administrative code .
( f) Develop , or cause to be developed , a system of employment policies, rules , job
classification and compensation plans in accordance with generally accepted
principles and promulgate such policies, rules and plans, under the authority of
and in compliance with the provisions of pertinent Colorado and Federal statutes
and this Charter .
( g ) Initiate suits or actions on behalf of the County .
( h ) Create such agencies , boards and commissions as the Board may deem necessary
or as may be required by State law, and appoint the members thereof. The action
creating an agency, board or commission shall also set forth compensation , duties ,
and responsibilities as well as any qualifications and conditions of service . The
Board may designate itself to perform the functions and exercise the process of
any such board or commission , unless prohibited by State law or this Charter .
( i ) Appropriate funds for all lawful purposes .
(j ) Establish and levy taxes, charges, fees and licenses .
( k ) Regulate , license , and tax utilities to the extent permitted by law .
( I ) Purchase or otherwise acquire , hold , own , sell , trade , transfer, divide , lease ,
encumber, or reserve interest in real and personal property, and receive gifts and
grants, in the name of the County .
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O (m)Approve and execute, on behalf of the County, all contracts Contracts shall be
executed for the Board by the Chairman
(n) Act as a Board of Appeals to hear complaints on actions taken by county boards,
commissions and departments Procedure for appeals shall be as set forth in the
administrative code, or by resolution of the Board No person shall be denied the
right to appeal, provided they comply with the administrative procedures
established by the Board
(o) Establish salaries or other compensation for the County Attorney, Assistant
County Attorneys, and all other employees, or appointees not included within the
Personnel system
(p) Provide for reimbursement of actual expenses of food, travel, and lodging
necessary for performance of the duties of a County Commissioner, County
Councilman, county officer, county employee, or member of an appointed board
or commission
(q) Authorize multi-jurisdictional performance of duties and functions with other
units of government, and, under procedures provided by law, cause the County to
CD be included within such districts consisting of two or more counties or parts
thereof as may be authorized or provided by law for the joint performance of
county functions or the performance of regional functions
(r) Establish a municipal conference to be called by the Board of County
Commissioners not less than three times each year to which all municipal officials
shall be invited and appropriate agendas developed in order that mutual problems
be considered
(s) Require that all inspections of whatever type made by county officers or
employees be made promptly and without unreasonable delay
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(t), Perform or exercise, or provide for the performance or exercise of, any or all
permissive functions, services, facilities and powers that may now or in the future
be authorized by law and not specifically mentioned or assigned by this Charter
The Board shall perform or assign any mandatory duty, responsibility or function
required of the County by the laws or Constitution of the State, which may have
been omitted in this Charter
Section 3-9 - Compensation
O (1) Compensation of members of the Board shall be fixed by the County Council
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( 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
of districts 1 and 3 , $ 10, 000 . 00; and Commissioner of district 2 and Commissioners at
large, $ 15 , 000 . 00 per year .
Section 3 - 11 . — Official Meetings .
( 1 ) Regular Board meetings shall be held at least twice weekly on days to be determined
by the Board by resolution ;; except however, regular meeting may be cancelled;
however, by resolution of the Board passed and publicly announced at least ten ( 10 )
days prior to the cancelled meeting date .
( 2 ) Special meetings shall be called by the Clerk to the Board 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 member' s 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 in a conspicuous place in the offices of the Board at
the time such notice is given to members of the Board . No business shall be transacted
at a special meeting unless the same has been stated in the notice of such meeting .
( 3 ) When a regular or special meeting is adjourned or recessed to a time certain , notice
of the time and place of the reconvening thereof shall be posted in a prominent place
in the offices of the Board .
ARTICLE V - DEPARTMENT OF LAW
Section 5 - 3 . - Duties .
( 1 ) The Department of Law shall exercise all legal and administrative functions of the
County government assigned by law or the Board to the County Attorney .
( 2 ) The County Attorney shall act as legal advisor for the Board and all departments and
divisions of county government .
( 3 ) The County Attorney shall , upon request of elective elected county officers, issue
formal written opinions on questions of law, which shall be maintained by the County
as public documents .
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( 4 ) When directed by the Board , the County Attorney shall represent the County, county
officers, county employees, and appointed boards and commissions and their
members in suits , actions and other legal proceedings .
( 5 ) In the event of conflict between the Board and any other county officer, such county
officer shall be represented by the Weld County District Attorney .
ARTICLE VI - ELECTIVE ELECTED OFFICERS
Section 6- 1 . - Elective Elected Officers .
The Elective Elected Officers of the County of Weld , Colorado , shall be five County
Commissioners ; five County Councilmen ; one County Clerk, one County Sheriff; one County
Coroner ; one County Treasurer; and one County Assessor . The salary or compensation , term of
office and qualifications of such officers shall be as provided in this Charter . Notwithstanding the
foregoing or any other provision of this Charter to the contrary, effective January 1 , 2003 , the
Coroner shall be appointed and the office operated in accordance with the terms of Article IV
§ 4 . 1 ( 4 ) of this Charter . Such appointment shall be subject to the rules established in the
personnel system described in Article IV § 4- 2B ( 2 ) of this Charter . Notwithstanding the foregoing
or any other provision of this Charter to the contrary, effective January 1 , 2003 , the Treasurer
shall be appointed and the office operated in accordance with the terms of Article IV § 4 . 1 ( 4 ) of
this Charter . Such appointment shall be subject to the rules established in the personnel system
described in Article ! V § 4- 2B ( 2 ) of this Charter .
Section 6- 3 . - Vacancy .
Vacancies in elective elected offices, except County Commissioners and County Councilmen ,
shall be filled by the Board as provided by this Charter .
Section 6- 5 . - Qualifications .
( 1 ) All elected officers shall be qualified electors of the County .
( 2 ) All elected officers shall have resided in the County for a consecutive period of not
less than one ( 1 ) year immediately preceding election .
( 3 ) All elected officers shall be at least twenty-one ( 21 ) years of age before assuming
office .
( 1 ) Except for County Councilmen , each county office shall be the primary employment
of the officer during the term for which he is elected or appointed .
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( 2 ) A person who has been convicted of a felony shall not be eligible to become a
candidate for or be appoint to County office .
Section 6- 6 . - Compensation .
( 1 ) Compensation of all elected officers , except County Councilmen , shall be fixed by the
County Council .
( 2 ) No elective elected officer ' s compensation shall be increased or decreased during his
term of office , except as permitted by law .
ARTICLE X - COUNTY SHERIFF
Section 10- 6 . - Jailer — County not Furnish Residence . Repealed .
The County shall not be required to furnish the Sheriff, as keeper of the jail , nor any deputy
appointed for that purpose, with living quarters . This shall not relieve the Sheriff of his duty to
safely keep all prisoners committed to his custody according to law .
ARTICLE XIII - COUNTY COUNCIL
Section 13 - 2 . - Qualifications of Members .
( 1 ) Councilmen from districts shall reside within their geographic districts when
nominated , elected or appointed and during their terms of office .
( 2 ) Councilmen shall not hold any other county elective elected office and shall not be a
county employee .
ARTICLE XVI - GENERAL PROVISIONS
Section 16- 1 . - Continuity of Government .
The Board shall provide for continuity of government in the event of a disaster . It shall
prescribe procedures which will preserve representative government and provide an orderly line
of succession of authority when disaster makes such measures necessary . In no case will such
temporary occupancy of elective elected offices extend beyond the next scheduled general
election .
Section 16- 6 . - Public Notice .
Notice to the public of ordinances and of certain official acts, events , determinations,
proceedings or meetings shall be given . Unless defined otherwise in the ordinances, rules or laws
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pertaining to the procedure to which the public notice relates , public notice may be by
publication in a newspaper of general circulation in the County or by such other media and in
such form as may be prescribed by the Board ; except for approval of contracts for expenditures
in the amount of $ 2 , 500, 000 or greater, notice shall be by two publications ten days apart prior
to approval . When the notice informs the public of some event to take place in the future , it shall
be published at least five days prior to such event .
Section 16- 7 . - Vacancy .
Every elective elected county office shall become vacant , on the happening of any one of the
following events, before the expiration of the term of office :
( 1 ) The death of the officer .
( 2 ) The resignation of the officer .
( 3 ) The removal of the officer, by recall or otherwise .
( 4 ) The officer ceasing to be a resident of Weld County, or in the case of an officer
required to live in a district , ceasing to be a resident of the district from which elected .
( 5 ) The officer ' s refusal or neglect to take his oath of office , or renew his official bond , or
to deposit such oath and bond within the time prescribed by law .
( 6 ) The final decision of a competent tribunal , declaring void an officer ' s election or
appointment .
( 7 ) The final decision of a competent tribunal finding an officer guilty of a crime .
Section 16- 9 . - Ethics Rules and Standards .
All Elective Elected Officers and employees of the County of Weld , Colorado , shall comply
with the ethics rules , standards, and penalty provisions set forth in the laws of the State ,
including, but not limited to , Article XXIX " Ethics in Government " of the Colorado Constitution .
The Board of County Commissioners shall not have the power and authority to adopt ordinances
or resolutions exempting the Elective Elected Officers and employees of the County of Weld ,
Colorado , from the provisions of Article XXIX " Ethics in Government " of the Colorado
Constitution .
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ARTICLE XVII - AMENDMENTS TO CHARTER
Section 17 - 3 — Recodification .
A recodification of the Home Rule Charter may be enacted by ordinance approved by the
Board of County Commissioners, provided that the recodification does not, in any manner,
substantially change the provisions of the Charter .
ARTICLE XVIII - TRANSITIONAL PROVISIONS
Section 18- 3 . - Transition of Elective Elected County Offices .
After adoption of this Charter, the status of elective elected officers shall be as follows :
( 1 ) Incumbent County Commissioners shall continue to serve as Commissioners of
districts numbered one , two and three until such time as their terms of office would
have expired if this Charter had not been adopted .
( 2 ) All other existing elective elected officers, as provided for in this Charter, shall
continue to serve in their respective offices until such time as their term of office
would have expired if this Charter had not been adopted .
Section 18- 6 . - Salaries .
Until otherwise established as provided by this Charter, the salaries of all elective elected
officials shall remain the same as they existed on the effective date of this Charter .
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ATTENC CE LIST
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COUNTY OF
NAME - PLEASE PRINT LEGIBLY ADDRESS , CITY, ST, ZIP EMAIL/PHONE NUMBER
,, _ . RESiDENCE .
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