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Home My WebLink About20181076.tiffAD -HOC Weld County Home Rule Charter Amendment Study Committee Meeting Minutes March 21, 2018 I. CALL TO ORDER — ROLL CALL: Jackie Johnson, Chair, called the meeting to order at 6:29 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 Office (PIO), Karla Ford - Board of County Commissioners' Office Manager, and Esther Gesick - Clerk to the Board. II. APPROVAL OF MINUTES - MARCH 13, 2018: Ray Patch moved to approve the Minutes of March 13, 2018. The motion was seconded by James Welch, and it carried unanimously. III. OLD BUSINESS: A. Review and revise public outreach meeting schedule: Karla Ford submitted the confirmed schedule and public meeting locations. After review, Mark Lawley moved to accept and confirm the regular and public meeting schedule. The motion was seconded by Al Dominguez and carried unanimously. Ms. Johnson stated she was contacted by County Council member, Gene Stille, who told her the County Council wanted the Study Committee to attend a Council meeting to provide a progress report. Instead, she recommended the Council members review the information and minutes provided on the website, to listen to audio recordings, and to feel free to make a presentation to the Charter Committee with any comments they may wish to submit for consideration. Following discussion, the Study Committee agreed to extend an invitation to the County Council to present their comments at the public meeting scheduled for April 25th to be held in the Weld County Administration Events Center, in Greeley. B. Communications Plan: Jennifer Finch displayed and provided a brief overview of the current version of the 2018 Home Rule Charter (HRC) web page. She also provided a copy of the Press Release with meeting dates/locations to be posted on Facebook and forwarded to media outlets which may generate some news stories and further publicize the website. She will also provide Facebook posts as reminders inviting public participation. Ms. Finch stated a group Email has been set up so that any messages received from the public will be forwarded directly to the Study Committee members, with an automatic reply sent to the submitter. Lastly, she reported there will not be funds designated for advertisement; however, she plans to provide information to the municipal PIO network and various social media outlets to spread the information. She is also working to finish the HRC summary notes for use in public education, and Minutes will be posted on the website the day after they are approved by the Study Committee. She noted Ms. Ford will remain the point of distribution and minutes will be provided to the Chair for comment prior to being sent to the entire group. Mr. Kisker inquired whether the minutes can be distributed and approved (., of'hmc4h,&te ya) -0201 Page 1 2018-1076 electronically to expedite availability for public comment. Following discussion, it was agreed to maintain the current process for interim review and approval at the following meeting. C. Colorado Open Records Act (CORA): Bruce Barker gave a brief overview of CORA and stated it includes any communications and/or documentation of all public records, including emails amongst the group. He explained it is up to the members as to how they maintain their personal emails; however, if there is a CORA request and records are accessible, then they are subject to CORA. He reminded the members to be mindful of decorum and professionalism in their communications. D. Responding to emails: Through discussion it was agreed that none of the Study Committee members should respond to emails individually; however, they can be subject to group discussion if it is relevant to the topic. E. Decision regarding audio recordings of meetings: The Study Committee agreed to provide copies of the audio recordings on the web page, which will be done following a 3/22/18 meeting among County staff and IT concerning the technical aspects of posting large audio files. IV. NEW BUSINESS: A. Report of County Attorney regarding possible Charter Amendments: Bruce Barker referenced a Memorandum handout, dated March 19, 2018, a copy of which is attached hereto as Exhibit A. Following Mr. Barker's presentation of the sections summarized below, the Study Committee agreed to review the proposed changes for further consideration and possible action in the future. Specifically, Mr. Barker addressed the following portions of the Home Rule Charter: Section 2-3: The existing language is acceptable; however, the highlighted text within Section 29-1-203, C.R.S., is more expansive. Any recommended revisions to the Charter will require approval by a vote of the public for formal enactment. Section 3-6 and 4-1: The reference in subsection (1) to the "Department of Finance, Central Purchasing and Personnel" was missed in a prior revision and should have been updated to reflect the "Department of Finance and Administration". Additionally, subparagraph (2) should be reduced from four (4) to three (3) other major departments. Mr. Barker explained the Department of Human Services is a department and function of the State; however, it is a mandate of the State that certain responsibilities must be carried out by the County, and thus, the Department has been coordinated by a Commissioner, with the entire Board of County Commissioners sitting as the ex -officio Board of Social Services. Section 3-8: The references to "contracts" and "disposition of real property" are proposed for deletion so that those actions are not subject to the formal ordinance process. There was discussion exploring the original intent of the Charter. Page 2 Section 3-9: This provision concerning the compensation of the Commissioners may be eliminated because those amounts have been set and can be adjusted by the County Council. Following discussion, Mr. Barker stated another option would be to address compensation of elected officials in one centralized place, rather than throughout the Charter. Section 3-11: Clarifying language to recognize the "official" meetings of the Commissioners. Section 6-1: Concerning the issue of Elective Offices, Mr. Barker explained that the County Treasurer and County Coroner are appointed, therefore, deleting them in the first sentence would remove confusion as to the change from January 1, 2003, making those two positions appointed. That change would require similar changes in other sections to make the Charter consistent. The Study Committee also discussed the extent to which related subject changes could be combined into one ballot question. Lastly, it was agreed all references to "elective" should be changed to "elected". Section 10-1: The current statutory language concerning the qualifications of the Weld County Sheriff can best be discussed by Sheriff Reams, and he will be invited to present information on this matter. Section 4-3(B): Concerning the current land ownership, financing and operations structure of NCMC Inc., Banner Health, and Weld County, Mr. Barker and Don Warden agree it needs to remain part of the Charter. Mr. Dominguez added that the primary purpose is to ensure the citizens of Weld County do not incur debt by running a hospital. Section 14-7: The Charter places a 5% limitation on annual tax levy revenue; however, in 1992, TABOR was voted into place which also includes limitations on revenue, so many question why the Charter provision is needed. The Charter is more restrictive than TABOR, which is 5.5%. Since 2004, any revenue above the limit has been credited back to the taxpayers, to offset the TABOR limit. Although de-Brucing eliminates the TABOR limits, has never been done in Weld County, and retaining the language is advisable in the event it is needed in the future. B. Reports of Study Committee members regarding their review of Home Rule Charter: C. Suggestions regarding educational component of public outreach meetings: Chair Johnson recommended tabling Agenda items B and C until next week. Mr. Dominguez stated he will not be present next week. D. Suggestions regarding agenda and protocol for public outreach meetings: Following discussion, it was agreed the purpose of the public meetings is to gather information from the public. Study Committee members engaging questions and interaction without being argumentative is appropriate, but the Chair may use her prerogative to keep the conversation moving forward and time limits should be within reason (3-4 minutes), unless Page 3 there is constructive dialogue taking place. At the request of the Committee, Mr. Barker agreed staff can compile a one -page informational handout concerning the agreed upon meeting protocol. If no one is present after 30 minutes, the meeting will be adjourned. Chair Johnson stated she will not be present on April 11th, and Mr. Dominguez will Chair the meeting. E. Other: Jerry Kilpatrick, LaSalle resident, thanked the Committee for their willingness to serve. He requested consideration of allowing distribution of Draft Minutes for informational purposes for those who may not have been able to attend previous meetings. Lynette Kilpatrick, Chairwoman of the American Constitution Party for Weld County, stated she attended the County Council meeting, and she did not get the sense that they desired to give any sort of direction or oversight to the Charter Committee. Rather, they wished to give input and share experience. Chair Johnson confirmed the Council members will be invited to make a presentation to share their comments. V. Adjournment Chair Johnson adjourned the meeting at 8:40 p.m. *Minutes submitted by Esther E. Gesick, Clerk to the Board Page 4 I • MEMORANDUM TO: Jacqueline Johnson, Chair, Weld County Home Rule Charter Review Committee DATE: March 19, 2018 u ROMM: Bruce I', Barker, Weld County Attorney SUBJECT: Recommended ' _ I'echnical Amendments for the Home Rule Charter I recommend the Weld County Home Rule Charter technical amendments. They are as follows: Section 2-3 Current language: Section 2-3. - Cooperative Agreements. eview Committee consider a number of The County shall have the power to enter into contracts or agreements with other governmental units for joint use of buildings, equipment and facilities, and for furnishing and receiving commodities or services, including law enforcement services. Such agreements or contracts shall be authorized only by the Board of County Commissioners. The Colorado statute authorizing local governments to contract with one another, C , R. S . §29- 1-203, amended in 1988, says the following: § 29-1-203. Government may cooperate or contract --contents (1) Governments may cooperate or contract with one another to provide any fur ction, service. or facility. lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the incurring of debt, only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve, Any such contract providing for the sharing of costs or the imposition of taxes may be entered into for any period, notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments. While these two provisions are not inconsistent, the authorization in C.R.S. §29-1-2(33 is broader. The Committee may wish to consider expanding the authorization in Section 2-3 to say what is highlighted in yellow in CR.S, §29-1-203. Memorandum, Johnson March 19, 2018 Page 2 S ectio 3=6 The language of Section 3-6 was mistakenly not updated to reflect a change from five departments to four when Section 4-1(1) and (2) were amended in 2009. Current language of Section 3-6: Section 3-6. - Commissioner - Departments. (1) The Department of Finance, Central Purchasing, apf Personnel shall be coordinated by the Chairman of the Board of County Commissioners. (2) Each of the other four 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. Current language of Section 4-1(1) and (2): Section 4-1. - Departments Created. There are hereby created the Delpartr ent of Final's -foe and M inistration; the Department of Health Services; the Department of Planning Services; and the Department of Public Works. (2) The Chairman of the Board of County Commissioners shall be responsible for coordination of the Depaftment of Firwriqp and flni njstr:tic;n. To make these consistent, I recommend Section 3-6 be amended to the following: Section 3-6. - Commissioner - Departments. (1) The Department of Finance, Central Purchasing; and Re-r-secwinsi Administration shall be coordinated by the Chairman of the Boart 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 9,anuary each year. Memorandum, Johnson March 19, 2018 Page 3 Section 3-8(4)(b): Current language: 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, ard otherwise formally promulgate county policy. Unless otherwise required by statute, the Board shall act only by ordinance in matters of legislation, contracts, appropriations, and disposition of real property, and by ordinance, resolution or motion, as may be appropriate, in other matters. The requirement of having to do an ordinance for every contract or disposition of real property is unworkable. Fvery agenda of the Board of County Commissioners typically has 1 to 10 contracts and agreements for approval by the Board. We have stressed to all departments that they should call contracts "agreements" in an effort to comply with this provision, but that advice is rarely followed. Additionally, trying to make a distinction between the two is a fiction. The disposition of real property typically requires multiple approvals by the Board to accomplish the transactions. Those multiple approvals would require amended ordinances with three readings for every amendment. F or these reasons, approval of contracts and dispositions of real property should not be by ordinance. I recommend Section 3-8(4)(b) be amended to the following: 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 cuties 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 oy statute, the Board shall act only by ordinance in matters of legislation, contracts, and appropriations, , and by ordinance, resolution or motion, as may be appropriate, in other matters. Memorandum, Johnson March 19, 2018 Page 4 Section 3-9(3) Current language: Section 3-9. - Compensation. (ayu.rtit 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. This was a transitional section that may be deleted in its entirety, Section 3-11(1): Current language: Section 3-11 - Meetjp. (1) Regular Board meetings shall be held at least twice weekly on days to be determined by the Board by resolution, except a 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. This subsection is incorrectly worded. Additionally, I believe the title for Section 3-11 should be "Official Meetings," which would then correspond to that term as it is used in Section 3-10. I recommend Section 3-110.) be amended to the following: 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, a regular meeting may be cancelled; however, by resolution of the Board passec and publicly announced at least ten (10) days prior to the cancelled meeting date. Section 6-1: Current language: Section 0--1. - Elective Officers. The Elective 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 snail be as orovided in this Charter. Notwithstanding the foregoing or any other provision of this Charter to the contrary, effective January 1, 2003, Memorandum, Johnson March 19, 2018 Page 5 the Coroner shall be appointed and the office operated in accordance with the terms of Article 9V X4.1(4) of this charter. Such appointment shall be subject to the rules established in the personnel system described in Article IV §4-28(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. This section was amended in 2001 to reflect the change to have the Coroner and Treasurer positions being appointed rather than elected. Lee Morrison and I went back and forth on Section 6-1 to figure out the bes: way to show the change. We came up with the "notwithstanding the foregoing or any other provision of this Charter to the contrary" language to accomplish it. The problem is it leaves the sentence which is highlighted in yellow, and that creates uncertainty in people who do not read further, I recommend Section 6-1 be amended to the following, assuming the elective officers remain as they currently are: Section 6-1. - Elective Officers_ The Elective 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 Charier. Such appointment shall be subject to the rules established in the personnel system described in Article IV §4-2B(2) of this Charter. Also, there is inconsistency in Article VI as to whether they are "elective officers" or "elected officers." Although these inconsistencies are annoying, they probably do not necessitate amendments. Section 10-1 Current language: Section 10-1. - Qualifications. The County Sheriff shall be a graduate of a certified law enforcement academy or institution requiring at least 90 quarter (60 semester) credit hours for graduation; or have had a minimum of five years' experience as an administrator in law enforcement at the rank of Sergeant, or above. Memorandum, Johnson March 19, 2018 Page 6 This section has never been amended. However, the Colorado statutes addressing Sheriff qualifications have been amended various times since 1975. They currently include the following: § 30-10-501.5. Qualifications (1) No person is eligible for nomination, election, or appointment to the office of sheriff unless the person: (a) Is a citizen of the United States, is a citizen of the state of Colorado, and is a resident of the county to which the person is to be appointed or elected; (b) Possesses a high school diploma or its equivalent or a college degree; (c) Has had a, complete set of fingerprints taken by a qualified law enforcement agency and has submitted a receipt evidencing the fingerprinting at the time of filing his or her written acceptance pursuant to section 1-4-601(3), 1-4-906, or part 10 of article 4 of title 1, or at the time of filing an affidavit of intent pursuant to section 1-4-1101, as applicable. The law enforcement agency shall g Y forward the fingerprints to the Colorado bureau of investigation. The bureau shall utilize the fingerprints, its files and records, and those of the federal bureau of investigation for the purpose of determining whether the person has ever been convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge under federal or state laws. The Colorado bureau of investigation shall notify the county clerk and recorder of the county for which the person is a candidate of the results of the fingerprint analysis. If a conviction or plea is disclosed, the person is unqualified for the office of sheriff, unless pardoned. The results of the fingerprint analysis are confidential; except that the county clerk and recorder may divulge whether the person is qualified or unqualified for the office of sheriff. § 30-10-501.6. Training (1) Every person elected or appointed to the office of sheriff for the first time shall: • (a) Attend a minimum of eighty clock hours at a new sheriff training course developed and facilitated either by the county sheriffs of Colorado, incorporated, or any other training resource agency approved by the Colorado peace officers standards and training board, the first time such training course is given after the person's election or appointment. The Colorado peace officers standards and training board shall have discretion to allow the substitution of any combination of education, experience, and training deemed by the board to be equivalent to such new sheriff training course. (b) Obtain basic peace officer certification within one year of taking office. An extension may be granted by the Colorado peace officers standards and training board of up to one year to obtain such certification upon just cause shown. The Colorado peace officers standards and training board shall issue written findings of fact supporting such an extension. (2) Every sheriff must possess basic peace officer certification and shall undergo at least the number of clock hours of in-service training required for all certified peace officers by the Colorado peace officers standards and training board, but in no case less than twenty hours. Such training shall be Memorandum, Johnson March 19, 2018 Page 7 provided either by the county sheriffs of Colorado, incorporated, or any other training resource agency approved by the Colorado peace officers standards and training board, every year during such sheriff's term. The Colorado peace officers standards and training board shall have discretion to waive in-service training upon presentation of evidence by the sheriff demonstrating just cause for noncompletion of such training. The Colorado peace officers standards and training board shall have discretion to allow the substitution of any combination of education, experience, and training deemed by the board to be equivalent to such in-service training. (3) The county shall only pay all reasonable costs and expenses of new sheriff and in-service training. I am uncertain if the yellow highlighted language of the current Section 10-1 is inconsistent with C.R.S. §§ 30-10-501.5 and 30-10-501.6. This issue probably should be addressed by Sheriff Reams. Sections 4-3(B) and 14-7: Although these sections appear out-of-date, Don Warden and I recommend no amendments to them for the following reasons: Section 4-3(B) applies to the "Hospital Division," which does not exist. As you know, Weld County has not operated a hospital since the 1980's. Section 4-3(B) refers to the "Hospital Board of Trustees," which is still appointed by the Board of County Commissioners and meets monthly. It is part of the governance structure of the hospital. The County continues to own the hospital's real property. Such property is leased to the Colorado Hospital Finance Authority and/or the NCMC Board (I cannot recall which one). The Hospital Board of Trustees appoints at least one of its members to sit on the NCMC Board. Because of this structure and the continuing role of the Hospital Board of Trustees in that structure, Don and I believe Section 4-3(B) should remain "as is." TABOR has rendered Section 14-7 to be largely superfluous. However, if oil and gas tax revenues should decline significantly sometime in the future, Section 14-7 may still have relevancy. Don explained the reasons why to me last week. I recommend having him explain the intricacies of TABOR and the County's finances to the Charter Review Committee when he is in Weld County on April 18, 2018. Don recommends no changes to Section 14-7, and I concur. Please feel free to call me if you have any questions. Bruce T. Barker, Weld County Attorney ATTENDCICE LIST 3-il-t-ozN157P NAME - PLEASE PRINT LEGIBLY ti dv k ceA 00\y,\ \\:eAc A6��11�J�y 0..c9 1 G y a7 4 y eL�r 1\ALKOA LIS7 it -2) (AFrcilie, 9* -7c ckstc< ritc;tO- r3c1) 17/ ce? That. O/9 COUNTY EMAIL/PHONE NUMBER RESIDENCE? Ai PI j te) e d J Y Hello