HomeMy WebLinkAbout20182363.tiffREPORT OF THE AD
HOC WELD COUNTY
HOME RULE CHARTER
AMENDMENT
STUDY COMM ITTEE
July 23, 2018
2018w2363 6
REPORT OF THE AD HOC WELD COUNTY HOME RULE CHARTER AMENDMENT STUDY COMMITTEE
JULY 23, 2018
Dear Weld County Commissioners:
This report is submitted by the Ad Hoc Weld County Home Rule Charter Amendment Study
Committee ("HRCC") concerning the results of its charge to review the Weld County Home Rule Charter
to determine if amendments thereto would be beneficial to provide good government by and for the
citizens of Weld County. With this report, we are attaching copies of the minutes of our meetings and a
copy of the outline from which we worked to formulate our proposals. The HRCC would be happy to
provide any other documentation you might request.
PROCESS: From the outset, the HRCC established its priority of giving broad opportunity for
public input into the Home Rule Charter review and with assuring "transparency" in the course of its
proceedings. To effect this goal, the HRCC: 1) scheduled six community meetings throughout the county,
each of which was publicized in local newspapers and on the county website; 2) established a page on the
website where interested citizens could review the minutes and listen to recordings of all HRCC meetings
and public hearings; 3) created an e-mail address for use by interested citizens; 4) invited elected officials
and department heads to address the committee; and 5) assured that all deliberations of the HRCC were
open to the public, including a final public hearing to report on the changes being proposed. While the
response to these efforts was not overwhelming (fewer than 25 people provided input at the public
meetings), the HRCC made a good faith effort to address the charter -related issues raised in those
meetings and to take note of issues raised that were not within the HRCC's purview.
RECOMMENDATIONS: Exhibits of proposed amendments and proposed ballot language
prepared by County Attorney, Bruce Barker, are attached hereto. Some were designed to clarify
ambiguous language, to correct grammatical errors, to reflect current usages and to conform inconsistent
terms. (See Exhibit items: Sec. 2-2, 3-9, 3-11, 5-3, 6-1, 6-3, 6-6, 13-2, 16-1, 16-7, 16-9 and18-6.) other
recommendations are more substantive, and include the following:
- 3-8(4)(b) — Commissioner's Powers and Duties: - This change would eliminate the
requirement that the Board of County Commissioners act only by ordinance in matters of
contracts and disposition of real property.
- 16-6 — Public Notice: To promote public scrutiny in light of the above change, this
amendment would require approval of contracts of $2,500,000 or more to be noticed by two
publications prior to approval.
6-505) — Qualifications: The proposed new qualification for Elected Officers would prohibit
any person convicted of a felony from being a candidate for or appointed to such office. (This
change was proposed on a 5-3 vote.)
17.3 — Amendments to Charter; This addition to the Charter would permit the Board from
time to time to adopt an ordinance making "non -substantive revisions" to the Charter. In the
course of its review, the HRCC found many examples of errors, obsolete language and
inconsistencies, which are not practically addressed in a ballot, but which would improve the
ability to better apply the Charter.
ADDRESSED, BUT NOT RECOMMENDED: The HRCC considered a great many other issues and
after deliberation, chose not to recommend Charter Amendments related thereto, These included the
following:
2-3 -Cooperative Agreements: Although the language doesn't mirror state statute, the HRCC
did not find a change was warranted.
3-3 - Qualifications of Members: Some citizens suggested a longer residency period, but the
HRCC felt the present requirement was sufficient. (This decision was based on a 5-3 vote.)
3-4(3) - Terms of office: Several citizens argued for stricter term limits, including a return to
a two -term limit and the prohibition of non-consecutive terms exceeding the limit. Upon the
advice of the County Attorney that certain limits would be unconstitutional, the HRCC chose
not to propose changes to this provision.
3-6(2) - Commissioner Departments: The issue concerning this provision was whether every
County Commissioner should be assigned a co-ordination responsibility. (A motion to require
that each of the Commissioners other than the Chair must serve as coordinator or assistant
coordinator of the major departments failed on a vote of 5-3.)
4-2 - Department of Finance and Administration: The merits of a County Administrator and
the efficacy of a non-resident Finance Officer were raised in public meetings. The consensus
of the HRCC was that under the present circumstances, no changes were warranted.
4-2(B)(8)(b) - Departments of County Government - Division of Human Resources: Public
concern was expressed about the decision of the Grievance Board being appealable to the
Board of County Commissioners. At issue was the propriety of the Board being able to
overturn the decision of another elected official. The appeal process is not a part of the
Charter, but rather is contained in the County personnel policies, rules and regulations. The
HRCC did not find a change to the Charter was warranted.
5-1 - County Attorney -Appointment: Some citizens suggested the County Attorney should
be elected, The HRCC determined that such a proposal was infeasible as there would be no
specific client represented I n such a circumstance.
VI - l — Elected Officers: Based in part upon input from current elected officers as well as
appointed officers, the HRCC determined no changes in the Charter were warranted with
respect to election/appointment, residency requirements or term limits.
III — County Council: The HRCC discussed various aspects of the Charter provisions
concerning the County Council, including its role in ethical issues, recalls, cooperation with
other elected officers, the adequacy of its budget and whether it needed to operate under
formal by-laws. No changes were proposed
XIV-2 - Finance and Budget Some members of the public expressed concern about the
timing of public hearings prior to the adoption of the annual budget. The HRCC concluded
the existing provisions, including the opportunity for comment early in the process as well as
the ability to make written cornrnents, allowed effective public input.
- IV -7 - Limitation on Annual Tax Levy - Following a comprehensive presentation by County
Finance Officer Don Warden, the HRCC concluded that although the TABOR amendment
makes this section of the Charter moot at the present time, the section could become relevant
in the future. Accordingly, the HRCC chose to retain Section 14-7.
NEON -CHARTER RELATED CONCERNS: The HRCC believes that some issues raised at its public
meetings, although not within its purview, might be of interest to the Commissioners. Several themes
emerged both in the public hearings and during the course of deliberation by the HRCC. (It should be
noted that some citizens spoke at more than one public meeting.) These themes included transparency
of government, easier access to public information, increased opportunity for citizen input at public
meetings, and the respective ales of voters and officials in assuring compliance with the Charter. More
specifica I ly:
The Departments of Planning Services and Health Services were identified by several citizens
as having unwieldy web pages.
- Some matters, such as the per diem rate for travel and expenses, are in the County Code.
Mr. Barker prepared a document explaining the difference between the Code and the
Charter.
- The role of the County Council may need attention in the future, particularly with respect to
e nforcement of the Charter. There was a general recognition, however, that in the matter of
county government, as with other levels of government, the voters have the ultimate role of
e nforcement through the ballot.
The HRCC would like to thank the Board of County Commissioners for the opportunity to provide this
service to Weld County. We appreciate the outstanding work of staff members who attended our
meetings, assured timely distribution of our proceedings, and gave objective advice.
AD -HOC WELD COUNTY
HOME RULE CHARTER STUDY COMMITTEE
I. DEPARTMENT HEADS AND ELECTED OFFICIAL PRESENTATIONS
A. Bruce Barker, County Attorney
B. Don Warden, Director of Finance and Administration
C. Dr. Mark Wallace, Director of Public Health and Environment
D. Tom Park°►, Director of Planning Services/Building Inspections
E. Ryan Rose, Director of Information Technology
F. Patti Russell, Director of Human Resources
G. Carl llesch, Coroner
H. John LeFebvre, Treasurer
I. Esther Gesick, Clerk . to the Board
J. Jennifer Finch, Public Communications Officer
K. Steve Reams, Sheriff
L. Carly Koppes, Clerk and Recorder
M. Christopher Woodruff, Assessor
II, ITEMS DISCUSSED FOLLOWING PUBLIC INPUT
A. HOUSEKEEPING
1, Number of Departments -Section 3-6
2. Compensation — Section 3-9(3)
3. "Official Meetings" — Section -11(1)
4, Hospital Division — Sections 4-3(B) and 14-7
5. "Elected" vs. "Elective" — Section 6-1
B. COUNTY ATT RNE ' S RECOMMENDATIONS
1. Cooperative Agreements — Section2-3
. Action by Ordinance — Section 3-8(4)(b)
3, Sheriffs Qualifications —Article
4, Recodification Provision
C. COUNTY COMMISSIONERS
1. Residency Requirements — Section 3-3
Term Limits — Section 3-4
3. Grievance Hearing Appeal — Section 4 2(B)(8)
D. FINANCE and. ADMINISTRATION
1. Commissioner Coordination/County Administrator Section 3-6
2. Residency Requirements — Section 4.2
3. Budget Hearings —Article XIV
E. ELECTED/APPOINTED OFFICIALS
1. Changes from Existing Status — Articles VI -X1
. Felony on iction Requirement
3. Residency Requir ments — Articles VI- I
4. Term Limits -- Sections 6.4 and 6.5
F. CGUNTY COUNCIL — Article XIII
1. Ethics Enforcement
2. Whistle Blower Program
3. Performance Audits
4. Staffing/Budget
PROPOSED CHANGES TO THE WELD COUNTY HOME RULE CHARTER BY THE
HOME RULE CHARTER STUDY COMMITTEE - 7/18/18
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 Financerraae4
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 Paw 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 -44s csition o1 r oa4 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.
(m)Approve and execute, on behalf of the County, all contracts. Contracts shall be
e xecuted 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
e stablished 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
n ecessary 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
u nits of government, and, under procedures provided by law, cause the County to
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
e mployees be made promptly and without unreasonable delay.
(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.
(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.
-Hci44+
G
large, 1SrOOO.QG-per year.
Section 341. — Official Meetings.
m-nissioner of district 2 and Corn Li. issioners--at
(1) Regular Board meetings shall be held at least twice weekly on days to be determined
by the Board by resolution7; except however, a regular meeting may be cancelledt
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 IV §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.
(4) 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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(5) A person who has been convicted of a felony shall not be eligible to be elected or
appointed 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.
safel-yeket_.
ei
so netts commined to-h-ts- c -u to4y accorPdin-g-tor- awt
ARTICLE XIII - COUNTY COUNCIL
Section 13-2. - Qualifications of Members,
ty
y to
(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
6
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 in the case of contracts for expenditures in
the amount of 52500,000 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 AND NON -SUBSTANTIVE REVISIONS TO CHARTER
Section 17-3 — Non -Substantive Revisions.
(1) The Board of County Commissioners may, without approval of the voters, adopt an
0
rdinance nce that makes the following types of revisions to this Home Rule Charter:
(a) Renumbering, revising titles, and rearranging parts thereof;
(b) Correcting errors in spelling, grammar, cross-references, and punctuation;
(c) Revising language to reflect modern usage and style; and
(d) Correcting obvious inconsistencies between sections.
(2) A revision adopted pursuant to this Section is not intended to and is not to be
i
nterpreted as making any substantive change in any Charter provision.
ARTICLE XVIII - TRANSITIONAL PROVISIONS
Section 18-3k - Transition of Elective Elected County Offices.
Afteradoption 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 electi-ve 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.
8
WELD COUNTY
REFERRED BALLOT QUESTION '1A
Shall Section 3-6 of the Weld County Home Rule Charter be repealed and reenacted to correct
reference to the Department of Finance and Administration and to correct the number of County
departments as three rather than four, thus reading as follows?
Section 3-6. - Commissioner - Departments.
(1) The Department of Finance and Administration shall be coordinated by the Chairman of
the Board of County Commissioners.
(2) Each of the other 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.
WELD COUNTY
REFERRED BALLOT QUESTION 1B
Shall Subsection3-8(4)(b) of the Weld County Home Rule Charter be repealed and reenacted
to eliminate the requirement that contracts and the disposition of real property be approved by
the Board of County Commissioners by ordinance only, thus reading as follows?
Section 3-8. - Powers and Duties
(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:
(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 and
appropriations, and by ordinance, resolution or motion, as may be appropriate, in other
matters.
WELD COUNTY
REFERRED BALLOT QUESTION IC
Shall the outdated Subsection 3-9(3) of the Weld County Home Rule Charter, which set the
commissioner initial annual salaries upon enactment of the Charter in 1976, be repealed?
WELD COUNTY
REFERRED BALLOT QUESTION ID
Shall Section 3-11 of the Weld County Home Rule Charter be repealed and reenacted to amend
its title to `{Official Meetings" and to correct grammatical errors to Subsection (1), thus reading as
follows?
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; however' a regular meeting may be cancelled by resolution of the
Board passed and publicly announced at least ten (10) days prior to the cancelled meeting
date.
WELD COUNTY
REFERRED BALLOT QUESTION I E
Shall a new Subsection 6-5(5) be enacted to the Weld County Home Rule Charter to disallow
convicted felons from r being elected or appointed to County office, thus reading as follows?
Section 6-5. - Qualifications.
(5) A person who has been convicted of a felony shall not be eligible to be elected or
appointed to County office.
WELD COUNTY
REFERRED BALLOT QUESTION -IF
Shall the outdated Section 10-6 of the Weld County Home Rule Charter, which says the County
shall not be required to furnish the Sheriff or any deputy with living quarters because they are
"keepers of the jail," be repealed?
WELD COUNTY
REFERRED BALLOT QUESTION 1G
Shall Section 16-6 of the Weld County Home Rule Charter be repealed and reenacted to require
notice to the public by two publications ten days apart prior to approval of contracts for
expenditures in the amount of $2,500,000 or greater by the Board of County Commissioners,
thus reading as follows?
Section 16-6. - Public Notice_
Noticeto 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
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 in the case of contracts for expenditures in the amount
of $2,5001000 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.
WELD COUNTY
REFERRED BALLOT QUESTION 1H
Shall the title to Article XVII of the Weld County Home Rule Charter be repealed and reenacted,
and a new Section 17-3 be enacted to the Weld County Home Rule Charter, to authorize the
Board of County Commissioners to make non -substantive revisions to the Charter, thus reading
as follows?
ARTICLE XVII - AMENDMENTS AND NON -SUBSTANTIVE REVISIONS TO CHARTER
Section 17-3 — Non -Substantive Revisions.
(1) The Board of County Commissioners may, without approval of the voters, adopt an
ordinance that makes the following types of revisions to this Home Rule Charter:
(a) Renumbering, revising titles, and rearranging parts thereof;
(b) Correcting errors in spelling, grammar, cross-references, and punctuation;
(c) Revising language to reflect modern usage and style; and
(d) Correcting obvious inconsistencies between sections.
(2) A revision adopted pursuant to this Section is not intended to and is not to be interpreted
as making any substantive change in any Charter provision.
WELD COUNTY
REFERRED BALLOT QUESTION I I
Shall the word, "elective," be amended to the word, "elected," when referring to elected office or
elected officer(s) of the County, in Sections 2-2, 5-3(3), 6-1, 6-3, 6-6(2), 13-2(2), 16-1, 16-7, 16-
9, 18-3, and 18-6, and in the title to Article VI of the Weld County Home Rule Charter?
REFERRED
BALLOT
QUESTION
1A
Shall Section 3-6 of the Weld
County Home Rule Charter be repealed
and reenacted to correct reference to the
Department of Finance and Administration
and to correct the number of County
departments as three rather than four,
thus reading as follows?
Section 3-6 - Commissioner Departments.
(1) The Department of Finance and
Administration shall be coordinated by the
chairman of the Board of County
Commissioners.
(2) Each of the other 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.
T
REFERRED BALLOT
QUESTION lB
Shall Subsection 3-8(4)(b) of the Weld County Home Rule Charter
be repealed and reenacted to eliminate the requirement that contracts
and the disposition of real property be approved by the Board of County
Commissioners by ordinance only, thus reading as follows?
Section 3-8 - Powers and Duties.
(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:
(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 and appropriations,
and by ordinance, resolution or motion as may be appropriate, in
other matters.
REFERRED
BALLOT
QUESTION
1C
Shall the outdated
Subsection 3-9(3) of the Weld
County Home Rule Charter,
which set the Commissioner
annual salaries upon enactment
of the Charter in 1976, be
repealed?
REFERRED
BALLOT
QUESTION
1D
Shall Section 3-11 of the Weld
County Home Rule Charter be
repealed and reenacted to amend its
title to "Official Meetings" and to
correct grammatical errors to
Subsection (1}, thus reading as
follows?
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; however, a
regular meeting may be
cancelled by resolution of the
Board passed and publicly
announced at least ten (10)
days prior to the cancelled
meeting date.
REFERRED BALLOT QUESTION
IE
Shall a new Subsection 6-5(5) be enacted to the
Weld County Home Rule Charter to disallow convicted
felons from being elected or appointed to County office,
thus reading as follows?
Section 6-5 - Qualifications.
(5) A person who has been convicted of a felony shall not
be eligible to be elected or appointed to County office.
REFERRED
BALLOT
QUESTION
1F
Shall outdated Section
10-6 of the Weld County Home
Rule Charter, which says the
County shall not be required to
furnish the Sheriff or any deputy
with living quarters because
they are "keepers of the jail," be
repealed?
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WELD COUNTY REFERRED BALLOT
QUESTION 1G
Shall Section 16-6 of the Weld County Home Rule Charter be
repealed and reenacted to require notice to the public by two
publications ten days apart prior to approval of contracts for
expenditures in the amount of $2,500,000 or greater by the Board of
County Commissioners, thus reading as follows?
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 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 that in the case of
approval of contracts for expenditures in the amount of $2,500,000.00 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.
REFERRED ALLOT QUESTION
iH
Shall the title to Article XVII of the Weld County Home Rule
Charter be repealed and reenacted, and a new Section 17-3 be
enacted to the Weld County Home Rule Charter, to authorize the Board
of County Commissioners to make non -substantive revisions to the
Charter, thus reading as follows?
Section 17-3 - Non -Substantive Revisions.
(1) The Board of County Commissioners may, without approval of the voters, adopt
an ordinance that makes the following types of revisions to this Home Rule
Charter:
(a) Renumbering, revising titles, and rearranging parts thereof;
(b) Correcting errors in spelling, grammar, cross-references and punctuation;
(c) Revising language to reflect modern usage and style; and
(d) Correcting obvious inconsistencies between sections.
() A revision adopted pursuant to this section is not intended, to and is not
interpreted as, making any substantive change in any Charter provision.
REFERRED
BALLOT
QUESTION
11
i
Shall the word "elective"
be amended to the word
"elected" when referring to
elected office or elected officials
of the County, in Sections 2-2,
5-3(3), 6-1, 6-3, 6-6, 13-2, 16-1,
16-7, 16-9, 18-3, and 18-6, and
in the title to Article VI of the
Weld County Home Rule
Charter?
If
I
•
QUESTIONS?
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