HomeMy WebLinkAbout20182364.tiffAD HOC Weld County Home Rule Charter
Amendment Study Committee
Meeting Minutes July 11, 2018
I. CALL TO ORDER — ROLL CALL:
Jackie Johnson, Chair, called the meeting to order at 6:30 p.m. The following Committee members
were present: Sam Gluck, Al Dominguez, Mark Lawley, Dave Kisker, Ray Patch, Justus Pettit,
Garrett Varra, and James Welch. Also present were Bruce Barker - County Attorney, and Jennifer
Finch — Public Information Officer (PIO).
II. APPROVAL OF MINUTES - JUNE 27, 2018: Ray Patch moved to approve the Minutes
of June 27, 2018. The motion was seconded by Sam Gluck, and it carried unanimously.
PUBLIC COMMENT
Richard Grimaud, Johnstown resident, addressed the HRCC members thanking them for their time
and efforts in this process. He posed a question to County Attorney Barker concerning enforcement
measures if the Commissioners refuse to follow the Charter or Code. Chair Johnson commented
that the question was not really related to the Charter; Mr. Varra commented that at the last meeting
the committee agreed to discuss comments on proposed changes; Mr. Kisker commented that the
question seemed appropriate as enforcement is a critical part of the process. County Attorney
Barker commented that enforcement depends on what provision isn't being followed by the elected
official and that some enforcement may happen in District Court. He provided the example of the
Article XV and the siting of detention facilities, and continued to explain that the Charter doesn't
provide enforcement measures even for the County Council, which isn't different from any other
county or city. Chair Johnson commented that the Commissioners take an oath to follow the duties
of the Charter and failure to do so is actionable through several means.
Mr. Grimaud also asked about the decision to not include a reimbursement/expense procedure or
a per diem amount in the proposed Charter changes. Chair Johnson and Mr. Barker explained there
are guidelines in the Code that deal with reimbursement of allowed expenses, and noted the
mileage reimbursement amount is set by the federal government.
Janine Reid, Greeley resident, complimented the committee on their work and discussions. She
expressed her concern about newly proposed Section 6-5(2) regarding not allowing a convicted
felon to run for elected office. She expressed her belief that after serving a sentence people should
then be allowed to perform their civic duties. As Chair of the League of Women Voters she stated
they are concerned with transparency and hope this structure will encourage the Commissioners
to be more transparent. She concluded by saying she appreciated the HRCC members further
defining the word "substantive" in Article XVII.
Sandy Ward — no comment.
Sandy Jackson — no comment.
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Karell Wagner — concurred with Ms Reid's opinion about felons being eligible to participate in
the election process once their sentence is served
Sara Knuth — Greeley Tribune reporter Just observing
Barbara Whinery, League of Women Voters member, spoke of her observations of the meetings
as she was looking to see how the meetings were run She commented that she felt they were very
effective and efficient, people had time to express their opinions, public input was well
represented, meetings were easy to find, and she appreciated the ability to listen to the recordings
and find information online She mentioned that it was also helpful to have the corrections and
suggestions online She concluded by thanking the committee for their time and efforts
In response to the comments regarding felons, Mr Pettit stated that the HRCC members had a
good discussion on the topic and that Mr Dominguez had brought up the fact that pardons would
allow someone to run for political office Mr Gluck also reminded the group that the HRCC
members have been tasked with making recommendations to the Commissioners who may choose
to either accept or do nothing with the various recommended changes
III. OLD BUSINESS:
A AMENDMENTS TO THE CODIFICATION PROVISION
Mr Barker submitted copies of the proposed changes recommended by the HRCC
members made to -date (Exhibit A) and noted clarifying language pulled from a Home Rule
Charter committee in Texas which he thought might work well for what this group is trying
to accomplish Chair Johnson read the proposed language for Section 17-3(1)(d) aloud
"Correcting obvious inconsistencies between sections " She mentioned the example of the
current Charter's use of "elected" and "elective" interchangeably as a potential
recodification to ensure consistency The group commended Mr Barker for the suggestion
Mr Varra moved to approve the language, which was seconded by Mr Patch, and earned
unanimously
Mr Kisker recommended two grammatical revisions 1) Section 6-5(2) — change "appoint"
to "appointed", and 2) Section 16-6 — change "except for approval of contracts" to "except
that approval of contracts" These changes were accepted by the HRCC
B SUGGESTIONS FOR INTRODUCTION TO THE COMMITTEE'S
RECOMMENDATION Chair Johnson referenced her Draft Memorandum (Exhibit B)
and explained the introductory paragraph was intended to summarize the role and task of
the Home Rule Charter Committee The group agreed it accomplished that goal
i Process comments — no comments or changes
ii Recommendations — no comments or changes
iii Addressed, but not recommended — no comments or changes
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iv Non -Charter Related Concerns
1 Accessibility/Transparency Mr Varra stated that accessibility issues were
one of the things the HRCC members heard from the public, such as difficulty
finding information on the County web site (i e , Planning and Health) as to
what the County is doing and how people can access resources
2 Expenses/per diem Mr Kisker requested the expense and per diem issue be
included in this section, as it was discussed, although it seems to be a Code
issue, not a Charter issue
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3 Non-compliance with the Charter Mr Gluck requested inclusion of the
discussion about how non-compliance is dealt with to ensure the
Commissioners were aware that it came up in conversation He concurred
with referencing past committee meeting discussions about "who is watching
the watchers " Chair Johnson added that ultimately it is the voters who vote
for who they trust, and Mr Dominguez commented that sometimes when a
system is simple, people tend to the think the system doesn't work, and he
agreed that the public has the responsibility to watch over elected officials
Mr Kisker countered saying that in four years of office a person can do a lot
of damage and, although he doesn't think the issue is one for the HRCC to
tackle, he does not feel that bringing a lawsuit against the County is a
reasonable answer for citizens who want to hold government responsible He
continued to say that perhaps it should be the role of the County Council to
initiate lawsuits, since they are the oversight board for the County He again
reiterated that he worries about having rules without enforcement procedures,
asking "If you can't enforce it, why have it?"
4 Summary List Mr Lawley requested incorporating a list summarizing the
topics submitted by the HRCC members, County Attorney and public input
listed on May 23rd Agenda Mr Kisker suggested providing the
Commissioners with the Minutes taken throughout the process, and Chair
Johnson concurred Mr Barker advised it is up to the HRCC members to
decide what to include in the report and suggested it should be submitted
electronically and presented as supporting documentation at the July 23rd
Board of Commissioners meeting to ensure they are stored in the official
TylerCM database of the Commissioners records Chair Johnson said she
would update the Report to include this evening's suggestions and email it to
the HRCC members for comments and changes Discussion then turned to the
list of "clean up" changes under the Recommendations paragraph and Chair
Johnson asked if those should be included Following discussion, Mr Barker
indicated he could combine those items into two or three ballot questions
which would still be reasonable for the voters
5 TABOR Tax Controls Mr Kisker recommended including the topic under
Addressed, by Not Recommended, concerning removal of the language
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regarding the Council's process regarding tax increases (reminding the group
of discussion by some that TABOR eliminates the need for this item in the
Charter) He reminded the group of the discussion with Don Warden, Director
of Finance and Administration, who suggested it be left in the Charter
Chair Johnson reiterated that she will make the changes to the document and
distribute them to the HRCC members Mr Barker also offered to write the
ballot questions to be presented as part of the Report as well There was
discussion as to whether further prioritization of the recommended changes
needed to happen, the group decided ft did not Chair Johnson confirmed with
the committee that she would make the formal presentation to the
Commissioners with the other HRCC members in attendance
It was also agreed to schedule one more meeting to be held at 6 30 p m on
Wednesday, July 18, 2018, at the same location (Weld County Administration
Building, Pawnee Room)
IV. ADJOURNMENT: Chair Johnson adjourned the meeting at 7 28 p m
*Minutes taken by Jennifer Finch and reviewed/submitted by Esther E Gesick, Clerk to the Board
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PROPOSED CHANGES TO THE WELD COUNTY HOME RULE CHARTER BY THE
HOME RULE CHARTER STUDY COMMITTEE - 7/11/18
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 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.
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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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(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
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
(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.
{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 distri-ct 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. - El-ective 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.
(5) A person who has been convicted of a felony shall not be eligible to become a
candidate for election to or be 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.
The County shalt not be rec. uke-d to fu-rn h the S iff, as keeper of the jail, nor any deputy
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
county employee.
ARTICLE XVI - GENERAL PROVISIONS
Section 16-1. - Continuity of Government.
elected
office and shall not be a
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 that 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.
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 ar
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
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nterpreted as making any substantive change in any Charter provision.
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 e ective
officials shall remain the same as they existed on the effective date of this Charter.
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EXHIBIT
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MEMO
TO: HRCC
FROM: JACKIE JOHNSON
CC: BRUCE BARKER; ESTHER GESICK
RE: REVISED REPORT TO COUNTY COMMISSIONERS
DATE: JULY 12,2018
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Here is an attempt to include the issues we discussed at our meeting last evening. Please contact me if
you have suggested additions or suggestions. Thanks.
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 in the HRCC's purview.
RECOMMENDATIONS: An exhibit of proposed amendments, prepared by County Attorney Bruce
Barker, is 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.
- 6-5(5) - 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.
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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 6-2.) NOTE: JAMES WELCH BELIEVES
THE VOTE WAS 5-3. COULD SOMEONE PLEASE DOUBLE CHECK THIS.
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 -XI — 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.
- XIII — 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 comments, allowed effective public input.
XIV-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.
NON -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
e merged both in the public hearings and during the course of deliberation by the HRCC. (It should be
n oted 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 roles of voters and officials in assuring compliance with the Charter. More
specifically:
- 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 these.
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- The role of the County Council may need attention in the future, particularly with respect to
enforcement 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
enforcement 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.
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