HomeMy WebLinkAbout20183877.tiff AD HOC Weld County Home Rule Charter
Amendment Study Committee
Meeting Minutes -April 4, 2018
I. CALL TO ORDER—ROLL CALL:
Jackie Johnson,Chair,called the meeting to order at 6:00 p.m. The following Committee members
were present: Sam Gluck,Al Dominguez,Mark Lawley,Dave Kisker,Justus Pettit,Garrett Varra,
James Welch and Ray Patch. Also present were Bruce Barker - County Attorney, Jennifer Finch
—Public Information Officer (PIO), and Esther Gesick- Clerk to the Board.
II. APPROVAL OF MINUTES — MARCH 28, 2018: Mr. Varra moved to approve the
Minutes of March 28, 2018. The motion was seconded by Mr. Welch, and it carried unanimously.
III. INTRODUCTION:
A. GUIDELINES AND SUMMARY INFORMATION: Mr. Barker reviewed the two-page
handout explaining the intent, protocol and expectations for the Home Rule Charter Study
Committee (HRCC)meetings. He stated it also explains the difference between Structural
Home Rule government, versus Functional Municipal Home Rule government, as well as
the difference between the County Charter, versus the Weld County Code.
B. PUBLIC INPUT:
1) Ms. Chris [last name protected under the Colorado Address Confidentiality Program],
County resident, requested the HRCC members consider including the confidentiality
issue in the Charter. She stated she has struggled with the elected County officials and
various Department Heads not understanding how to work with people with
disabilities. For this reason, she stated she is opposed to the current elected positions
becoming appointed by the Board of Commissioners. She also expressed concern with
the limitation of time on speakers at public meetings, and proposed a minimum of ten
(10) minutes for public speakers. Ms. Chris also spoke concerning the position of the
County Attorney and suggested it should be considered as an elected position to better
serve the needs of the public. Chair Johnson summarized the issues and opinions
presented: inconsiderate treatment of people with disabilities, lack of attentiveness of
officials, an ombudsman available to assist the public, the County Attorney should be
elected, and the Assessor position should remain elected. In response to Mr. Varra,
Ms. Chris explained the situation concerning the right-of-way near her parents' home
and her issues with the Assessor's Office and the difficulty in obtaining a legal
description for the property.
2) Jeff Harbert, Pierce resident, referenced the Minutes of the March 28, 2018, meeting
and noted his mother, prior Commissioner Connie Harbert, was in office when the
Treasurer and Coroner positions were changed to be appointed. He questioned how a
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County-appointed Coroner can fill the role of Sheriff, Undersheriff, as well as service
of process, etc., in the event those officials are unavailable. Mr. Barker explained the
position of Coroner can be elected or appointed, and the vote of the public was to make
them appointed; however,the Coroner still has the same statutory obligations to fulfill.
Mr. Kisker commented this is something he would like to give further consideration.
Chair Johnson commented the positions need to be reviewed based on qualifications
and responsibilities; not salaries. In response to Mr. Lawley, Mr. Barker agreed if an
appointed Coroner were removed from their position by the Commissioners,the Board
would have to refill the position to meet the requirements of State statute. He further
stated the issue of whether the Commissioners have any power or influence over the
appointed positions of Coroner and Treasurer in fulfilling their statutory
responsibilities was not raised at the time this was previously on the ballot. He
explained they serve at the pleasure of the BOCC, but they are subject to, and offered
certain protections under, the Personnel system. He further stated there is nothing in
Charter or State statute defining the chain of command as to directing the
responsibilities and duties. Chair Johnson commented the Board of Commissioners
does have the power to control their salary. Mr. Harbert commented the change to
Article VI was voted on in an off-election year and, perhaps, if there had been more
information and a larger turnout, there may have been a different outcome. He
advDcated for making the positions elected again. In response to Mr. Patch,Mr. Barker
stated the rationale for the change was primarily dissatisfaction with the performance
of the officials holding the positions at the time. Mr. Lawley stated if the positions
remain appointed, he would like to explore the options for addressing protection of
appointed positions for fulfilling statutory duties. Mr. Dominguez commented those
two positions must have very high qualifications. Mr. Kisker agreed protection is
important and suggested the option of a termed contract. Mr. Barker recommended
hearing from the current appointees.
3) Tyler Silvy, Greeley Tribune, inquired whether the Charter can set qualifications for
an elected office, and Mr. Barker confirmed the Home Rule Charter can be more
restrictive or stronger than State statutes. In response to Mr. Lawley, Mr. Barker stated
if no one is elected,then the position would need to be appointed by the Commissioners
for the remainder of the term.
4) Jeannine Freeman, Ault resident, stated without adequate qualifications an elected
offrzial may not be proper for the position. Ms. Johnson stated, currently, there are no
specific qualifications for the Treasurer, above and beyond the responsibilities of the
Deputy Treasurer; whereas, when hiring the position, the Commissioners can select a
candidate based on higher qualifications.
5) Sherrie Peif, Complete Colorado, commented if the positions were returned to an
elected status and there was a vacancy that needed to be filled by the Commissioners,
then the appointee would be filling the balance of an elected office and stand as a
separate elected position which could not be removed by the Commissioners.
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Mr. Barker reiterated currently these positions are protected by the Personnel system.
Mr. Gluck commented there may be very qualified individuals who have earned a high
salary in the private sector who may opt to serve purely for the purpose of public
service. Mr. Pettit commented a contract can have adverse impacts; if a contracted
person is not performing well, it could make it very difficult to resolve the situation.
Mr.Kisker also referenced Amendment 1B and how it requires County elected officials
and employees to comply with ethics rules.
6) Mr. Pettit recognized high school students, Launn Frink - FFA Secretary, and Colby
White - FFA Sentinel, and thanked them for coming.
IV. Adiournment
Chair Johnson adjourned the meeting at 7:11 p.m.
*Minutes submitted by Esther E. Gesick, Clerk to the Board
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