HomeMy WebLinkAbout20183876.tiff AD HOC Weld County Home Rule Charter
Amendment Study Committee
Meeting Minutes - March 28, 2018
I. CALL TO ORDER—ROLL CALL:
Jackie Johnson,Chair,called the meeting to order at 6:28 p.m. The following Committee members
were present: Sam Gluck, Mark Lawley, Dave Kisker, Justus Pettit, Garrett Varra, James Welch
and Ray Patch, with Al Dominguez being excused. 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 21, 2018: Ray Patch moved to approve the
Minutes of March 21, 2018. The motion was seconded by James Welch, and it carried
unanimously.
III. OLD BUSINESS:
A. Report Concerning Communications Plan: Jennifer Finch reported the web page has been
updated to include the prior meeting Minutes and audio recordings, as well as the
informational flier about the scheduled regular and public meeting dates/times/locations.
She stated Press Releases have been sent out announcing the meetings, and reminder
announcements will be sent in advance of the future meetings. A central E-mail address is
available on the web site for the public to submit comments to the Home Rule Charter
Study Committee (HRCC). She referenced the Summary of the Charter which will also be
posted for educational purposes. Lastly, she reviewed statistics concerning usage of the
various social media venues, and confirmed that testing of downloads for the large audio
files went very well.
B. Discussion of Report by County Attorney Concerning Suggested Amendments to Charter:
The HRCC members had no additional comments concerning Mr. Barker's
recommendations from last week. Following discussion with the Sheriff(see Section III.C
below), Mr. Barker referenced the nine (9)-page Charter Summary document, and the one
(1)-page explanation of the difference between the Charter and the Weld County Code,
attached to these minutes as Exhibits A and B. He stated Section 4-2(A)(6)(a) addresses
the "Division" of Finance and Administration within the "Department" of Finance and
Administration,which may cause some confusion and could be considered for clarification.
He reported that Don Warden, as the current Director of Finance and Administration,
interprets his role to be responsible to the Board of County Commissioners for the affairs
of the Department, and he can address this section further if the HRCC members have
specific questions. There was a general consensus that the references in the section are
somewhat confusing and in need of clarification of terms and roles.
2018-3876
Page 1 ZCCOt3
C. Report from Sheriff Reams Concerning Need for Changes to Article X: Steve Reams,
Weld County Sheriff, explained Sections 10-1 through 10-7 deal with Qualifications of the
County Sheriff He stated the qualifications are also covered in State statute; however,the
Charter contains stronger requirements, such as five (5) years of experience as an
administrator in law enforcement at the rank of Sergeant,or above, as well as POST(Peace
Officer Standards and Training)Certification. He stated Section 10-2 can be deleted, since
the positions are covered by the County's insurance. With respect to Sections 10-3 through
10-5, Sheriff Reams stated the duties of the Sheriff and Undersheriff are all still very
relevant. In response to Mr. Patch, he explained the Board of Commissioners has the right
to enter into Intergovernmental Agreements for law enforcement services,which he is then
bound to uphold, and he is committed to help and serve the citizens of Weld County,
regardless of formal agreements. He stated Section 10-6 is antiquated concerning the
provision of living quarters, and it is not supported by statute, therefore, it can be deleted.
Lastly, he supported retaining Section 10-7 and elected terms of office, which serves as a
check and balance to keep the Sheriff accountable to the citizens.
Mr. Barker agreed Section 10-6 can be deleted, and that the bonding referenced in Section
10-2 could be changed to add: "or requisite insurance as required in C.R.S."or be removed
entirely and just deal with it for all elected offices in Article VI. In response to Mr. Welch,
who noted the distinction between "and" versus "or" for qualifications of the Sheriff and
Undersheriff, Chair Johnson commented the HRCC members will need to be mindful of
making too many minor changes which may cause voters to overlook the major ballot
issues. The HRCC members thanked Sheriff Reams for attending.
Mr. Barker explained the Undersheriff is an At-Will employee, similar to the Chief
Deputies and Assistant County Attorneys, and they are not under the protection of certain
provisions and protections of the Personnel system. He also explained the Clerk to the
Board (CTB) position is called out to distinguish the role from the Office of the Clerk and
Recorder as referenced in State statute. Additionally,the CTB is appointed by Resolution
and falls under the direction of the Board of Commissioners and is subject to the provisions
of the personnel system, as are the Treasurer and Coroner.
There was additional discussion concerning a better definition of the duties and
responsibilities for the Department/Division of Finance and Administration. Mr. Barker
gave examples of divisions within the Departments of Planning and Public Health and
Environment. It was decided to leave this broader topic for future consideration.
In response to Garrett Varra, Mr. Barker recommended the ballot provide the exact
language to be adopted and if the vote is no, then there is no change. He cautioned against
summarizing ballot measures to eliminate future uncertainty as to the intent. He also
recommended prioritizing the ballot measures and listing the major items first. Chair
Johnson agreed with prioritizing"large" issues,which remains to be seen following public
input.
Page 2
D. Report concerning Communication from Gene Stille: Chair Johnson reported she sent an
e-mail response to Councilman Stille and explained the various sources of information are
available on the web site and he was satisfied; therefore, nothing further was needed.
E. Other: N/A
IV. NEW BUSINESS:
A. Reports of Study Committee members regarding their review of Home Rule Charter:
Mr. Varra stated in his experience the Charter seems to work very well; however, it is
easy to get caught up in the details and want to fix everything, so he is still sifting through
what is priority in an effort to seek an effective balance for the voters. He stated he is
looking forward to hearing from other departmental and elected offices and members of
the public.
Mr. Pettit inquired about Article VI and why only the Treasurer and Coroner positions
were removed from being elected offices. Mr. Barker explained all of the positions were
discussed; however, the Clerk and Recorder, Assessor and Sheriff positions all have a
certain amount of discretion within their statutory responsibilities and it was decided the
voters should be able vote for change; however, the duties of the Treasurer and Coroner
were determined to be more ministerial and have less discretion. Mr. Barker advised the
HRCC members to focus on the professional qualifications and consider whether that
should be the responsibility and selection of the voting public, or the Commissioners.
Mr. Kisker commented he believes it is important to have diversity and it should be the
responsibility of the people, rather than stacking too much power under the Board of
Commissioners.
Mr. Lawley commented a couple of his questions have already been addressed by the
County Attorney's memo, and he desires to hear from the public and consider their views
prior to making any personal viewpoints.
Mr. Gluck stated he supports a system of checks and balances and generally term limits
serve to keep corruption at bay and bring in new philosophies; however, there is the
potential downside of losing a very qualified person.
Mr. Patch agreed there are housekeeping items that should be addressed; however, he
plans to wait and see what issues the public may raise.
In response to Mr. Lawley, Mr. Barker stated the Commissioners did pass a Resolution
concerning Section 16-8 to allow County employees to serve on appointed boards. He
noted two exceptions: a school board member and a councilman who were appointed to
serve on the Planning Commission.
Responding to Mr. Patch, Mr. Barker confirmed that currently there is no provision
prohibiting an elected position from having a prior felony. Mr. Patch commented that may
be an issue for consideration.
B. Suggestions regarding educational component of public outreach meetings: The HRCC
members agreed to post the summary documents online for public review. Chair Johnson
asked the County Attorney to draft a brief explanation of what Home Rule status authorizes
Page 3
the County to do. It was agreed to provide the one-page summary as handouts at public
meetings. Chair Johnson stated she previously emailed Mr. Barker with her thoughts on
various issues within the Charter, specifically the apparent conflict of elected County
Council members openly endorsing and supporting the campaigns of candidates when they
may potentially set their salaries in the future. She agreed to provide a copy of the
correspondence for the other HRCC members to review. At the suggestion of Mr. Kisker,
it was agreed to include the Charter references in the summary documents to make it easier
for the public to compare for themselves. It was also agreed to have several copies of the
printed Charter available at the hearings for the public to review.
Mr.Barker reiterated that throughout the Charter many of the departmental duties are pretty
general, and he recommended keeping the discussion at public meetings focused on the
Charter structure, versus policy details that live in the Weld County Code. Chair Johnson
agreed the intent of the HRCC is to gather information,not debate philosophies. Ms. Finch
recommended providing general guidelines of what citizens should expect from the public
meetings, including an option to submit their comments or questions in writing if they are
not comfortable with public speaking.
C. Other—Public Comment:
Jerry Kilpatrick, LaSalle resident, agreed it would be very helpful to have copies of the
Charter and the rules of engagement available for the public at future meetings.
Wolfgang Dirks, Johnstown resident, stated he served on the Trucking Community
Advisory Team and, based on his experience, he suggested outreach through the local
Homeowners' Associations (HOA) which can further disburse information to area
residents. Additionally, he stated an Agenda was provided, the attendees were very
engaging, and he encouraged the HRCC to be very open, listen, and communicate.
Skip Carlson, Greeley resident, commended the HRCC members for approaching this
process with thought and no major intent for drastic changes without a strong basis to do
so. He stated he was present for the vote to adopt the Charter,he fully understands its value
and he believes the work of this group will produce positive results.
Mr. Barker introduced his three Assistant County Attorneys,Bob Choate,Frank Haug, and
Karin McDougal.
V. ADJOURN
Chair Johnson adjourned the meeting at 8:35 p.m.
*Minutes submitted by Esther E. Gesick, Clerk to the Board
Page 4
THE DIFFERENCE BETWEEN THE WELD COUNTY HOME RULE
CHARTER AND THE WELD COUNTY ADMINISTRATIVE CODE
What is the Weld County Home Rule Charter?
The Weld County Home Rule Charter ("the Charter") became effective January 1 , 1976. The
Charter' s Preamble sets forth the reasons why the People of Weld County voted in 1975 for its
adoption : to avail the citizens of Weld County self-determination in county affairs as permitted
by the Colorado Constitution and the laws of the State of Colorado ; to provide uncomplicated,
un-burdensome government responsive to the people ; and to provide for the most efficient and
effective county government possible .
The Charter attains the goals listed in the Preamble by establishing a structure and
organization of county government in Weld County that :
1 . Broadly accepts the grants of powers and authority provided statutory and home rule
counties in State law;
2 . Vests administrative, executive and legislative powers granted by State law in a five-
member Board of County Commissioners, including the authority to adopt an
Administrative Code by ordinance; and vests powers granted and duties required by State
law in an elected Assessor, Clerk and Recorder, and Sheriff, and in an appointed Coroner
and Treasurer;
3 . Creates four departments of Weld County government;
4 . Establishes a County Council to set annual salaries of County elected officials, fill
vacancies in offices of the Board of County Commissioners, consider the suspension of
elected officials who are subject to recall petition or have been charged or indicted for the
commission of a crime, and review all aspects of county governments and make periodic
reports to the people relating to expenditures, efficiency, responsiveness, adherence to
law, and other matters the Council deems advisable;
5 . Sets a 5 % annual tax levy growth limitation and limits certain capital expenditures; and
6 . Reserves unto the people of Weld County the right of initiative and referendum.
Amendments to the Charter must be approved by a majority vote of the registered electors
who vote upon such amendments at either a general or special election.
What is the Weld County Administrative Code ?
The Weld County Administrative Code ("the Code") is approved by ordinances of the Board
of County Commissioners . The Code addresses policies and procedures for County officers and
employees to follow in their work, and establishes various rules and regulations governing
activities of Weld County citizens . Policies and procedures for County officers and employees
address, for example, general administration of county offices, human resources, social media,
purchasing and accounting, and emergency management. The rules and regulations governing
activities of Weld County citizens address, for example, traffic, operation of marijuana facilities,
installation of culverts and cattle guards, which land uses may occur in various zones of the
County, and the subdivision of real properties located in the County.
EXHIBIT
3aZ577JJ/ R
SUMMARY OF THE WELD COUNTY HOME RULE CHARTER
Article I : Name, Nature, Boundaries County Seat
Article I of the Weld County Home Rule Charter ( "the Charter" ) retains the name "Weld
County, " establishes the legal status of the County as an agency of the State of Colorado and a
body politic and corporate, sets the physical boundaries of the County to be as prescribed by
State law, and continues the county seat as Greeley, Colorado , although County buildings and
facilities may be located elsewhere in Weld County .
Article II : County Powers
Article II authorizes Weld County to exercise and provide all mandatory and permissive
powers and functions provided by law for statutory and home rule counties . The intent and
purpose for the adoption of the Charter is to ensure Weld County government has all the
prerogatives and powers of local government that are now or in the future available to it . All
executive , administrative, and legislative powers , functions, duties and prerogatives are vested
in the Board of County Commissioners of Weld County ( "the Board of County Commissioners"
or "the Board " ) and the County' s elected officers . The executive and administrative powers of
the Board may be exercised by the County' s departments, but legislative powers are reserved in
the Board . The Board is authorized to enter into cooperative contracts or agreements with
other governments .
The Charter is to be liberally construed . No powers mentioned in the Charter limit the
powers of the County. Instead , the County has all powers necessary to conduct its affairs as
afforded by the laws of the State of Colorado and of the United States .
Article III : Board of County Commissioners
The Board of County Commissioners consists of five members . Three Commissioners
are elected from geographic districts . Boundaries of the districts may be altered not more than
once every two years to make them nearly equal in population . Commissioners elected from
districts must reside within their districts when nominated , elected or appointed and during
their terms in office . The remaining two Commissioners are elected from the County at- large .
No person may serve more than three full consecutive terms as Commissioner .
At their first meeting in January each year, the Commissioners select a Chair and Vice-
Chair . The Chair or Vice -Chair presides over meetings of the Board . The Chair coordinates the
Department of Finance and Administration . The other three County departments are
coordinated by one Commissioner with assistance from another Commissioner .
The Board appoints a Clerk to the Board who is custodian of the County seal and the
Board ' s records and documents . The Clerk to the Board performs the administrative work
associated with the Board ' s official meetings .
EXHIBIT
1 �
The Board is the governing body of the County. As such, it exercises all powers and
performs all duties required or permitted by State law for County Commissioners of statutory
and home rule counties. Article Ill enumerates Board's powers and duties. They include:
1. Determining County policy and enact legislation by ordinance, including the
adoption of an administrative code;
2. Being responsible for the proper exercise of executive and administrative powers
and duties by the County's departments;
3. Appointing, removing and establishing qualifications for department heads, and
appoint or remove the County Attorney;
4. Developing a system of employment for Weld County employees, complete with
policies, rules,job classification and compensation plans;
5. Initiating lawsuits or legal actions on behalf of Weld County;
6. Appropriating funds;
7. Establishing and levying taxes, charges,fees and licenses;
8. Purchasing, owning, or selling real and personal property;
9. Approving and executing all contracts on behalf of the County;
10. Hearing complaints or appeals of actions taken by County boards, commissions and
departments;
11. Providing for reimbursement of expenses of food,travel and lodging incurred by
elected officials, employees and members of appointed boards or commissions; and
12. Performing or providing for the performance of all permissive functions, services,
facilities and powers that may now or in the future be assigned by the Charter, and
those mandatory duties, responsibilities or functions required of the County by State
law.
Compensation of the Commissioners is set by the Weld County Council.
Official meetings of the Board are open to the public and a record of the proceedings is
taken and preserved. No action may be taken by the Board except at an official meeting.
Official meetings consist of regular and special meetings. Regular meetings occur twice a week.
A quorum of three Commissioners is required to transact business. The adoption, amendment
or repeal of any resolution or ordinance requires the concurring vote of three Commissioners.
Article Ill provides a procedure for the approval of ordinances by the Board. All
ordinances must go through a three-reading process, unless they are emergency ordinances
which require only one reading but a four-fifths vote of the Board.
Vacancies in the office of Commissioner are filled by appointment of the County Council.
Vacancies in the elected offices of Assessor, County Clerk, and Sheriff are filled by appointment
by the Board of County Commissioners. An appointee must be of the same political party as
that the previous officer.
2
Article IV: Departments of County Government
Article IV establishes four County departments: Finance and Administration, Health
Services, Planning Services, and Public Works. Each department is administered by a director or
directors appointed by the Board of County Commissioners. Departments may include various
divisions. Each department director is responsible for the appointment, promotion, discipline
and discharge of department employees.
The Department of Finance and Administration, under the direction of a Finance Officer,
prepares an annual draft budget, monthly financial statements, and budget and appropriation
reports and ordinances. Finance and Administration maintains and operates a Central
Purchasing Office for the County.
The Finance Officer is the County's Chief Accounting Officer. He or she is required to
exercise control over purchases and expenditures, and must keep the Board of County
Commissioners advised of the financial condition and future needs of the County. The Finance
Officer is responsible to the Board for the proper execution, administration and functioning of
the affairs of the County departments and divisions, and must ensure that the activities of
those departments are consistent with the policies determined and set by the Board.
The Department of Finance and Administration includes the Division of Human
Resources and such other divisions the Board may establish.
Human Resources is required prepare for the Board a personnel system, which includes
employment policies, rules job classification and employment plans "in accordance with
generally accepted personnel principles." All employees of the County are included in the
personnel system, except the Undersheriff,the chief deputy of each elected official,the County
Attorney and Assistant County Attorneys,temporary employees, advisors, consultant retained
by contract, and those divisions exempted by the Board of County Commissioners. Elected
officials have direct authority over the employees in their respective offices. No employee may
engage in any political activity during working hours. No director or supervisor may employ or
request the employment of a spouse, parent, child, brother, sister or in-law.
The Department of Health Services is led by the Director of Public Health. The Director
has all powers and duties provided by State law, and has direct supervision of Environmental
Health Services.
Article IV requires the Board of County Commissioners to appoint a nine-member Board
of Public Health. The Board of Public Health is tasked with studying County health programs
and directing their implementation in cooperation with the Health Director and the Board of
County Commissioners.
Article IV also requires the Board of County Commissioners to appoint members to a
Hospital Board of Trustees.
3
The Department of Planning Services includes the Division of Planning, Zoning and
Inspection, and such other divisions the Board may establish. Planning Services provides
support to the Planning Commission,the Board of Adjustment, and the Board of County
Commissioners on all land use matters. A Planning Director is appointed by the Board of
County Commissioners to administer and coordinate the activities of the Department of
Planning Services, including the issuance of building permits and the performance of building,
electrical and plumbing inspections.
The Planning Commission is composed of nine members appointed by the Board of
County Commissioners. It acts and decides on all petitions and applications submitted to it
pursuant to State law or regulation, and performs such functions and duties as provided by law
and as directed by the Board of County Commissioners.
The Board of Adjustment is comprised of five members appointed by the Board of
County Commissioners. It considers appeals of an order, requirement, decision, or
determination of the Planning Director, and variances from the strict application of the
County's zoning regulations.
The Department of Public Works may include such divisions as established by the Board
of County Commissioners, and performs such functions and duties as the Board directs. The
Board of County Commissioners is required to appoint a Director of the Department of Public
Works who may be the County Engineer. The County Engineer performs functions and duties
as directed by the Board of County Commissioners and the duties required by State law to be
exercised or performed by a county surveyor.
Article V: Department of Law
The Board of County Commissioners appoints the County Attorney. The County
Attorney must be a resident of Weld County and have been licensed and practiced as an
attorney in the State of Colorado for at least five years prior to appointment. The Board may
also appoint as many Assistant County Attorneys as it deems necessary. The County Attorney
exercises all legal and administrative functions of County government as required by State law
or directed by the Board, and acts as the Board's legal advisor and legal advisor for all
departments. The Board may direct the County Attorney to provide written opinions on
questions of law which are part of the public record, or to represent County officers, employees
or appointed County boards and commissions and their members in suits, actions and other
legal proceedings.
The Board of County Commissioners may appoint special council to make investigations
and represent the County in suits by and against the County, its officers or agencies.
4
rTh Article VI: Elective Officers
Weld County has elected and appointed officers. The five County Commissioners,
Assessor, Clerk and Recorder, Sheriff and five County Councilmen are elected. The Coroner and
Treasurer are appointed by the Board of County Commissioners and are within the County's
personnel system. The compensation of the Coroner and Treasurer are set by the Board.
Elected officers must be qualified electors of the County, have resided in Weld County
for at least one-year preceding election, be at least 21 years of age, and take an oath of office.
Each elected term is four years. Compensation of the Commissioners, Assessor, Clerk and
Recorder, and Sheriff is set by the County Council. They must execute a surety bond in an
amount approved by the Board of County Commissioners.
Article VII:Assessor
The Assessor exercises the powers and performs the acts and duties required of or may
be performed by county assessors pursuant to State law. The Assessor must appoint a Chief
Deputy to act in the Assessor's absence or disability, or in the case of a vacancy in the office of
the Assessor until the vacancy is filled. The Assessor may appoint other deputies as necessary
to carry out the duties of the office. No person may serve more than three full consecutive
terms as Assessor.
Article VIII: County Clerk
The County Clerk exercises the powers and performs the acts and duties required of or
may be performed by county clerks pursuant to State law, except for the functions and powers
assigned to the Clerk to the Board in Article Ill. The County Clerk must appoint a Chief Deputy
to act in the County Clerk's absence or disability, or in the case of a vacancy in the office of the
County Clerk until the vacancy is filled. The County Clerk may appoint other deputies as
necessary to carry out the duties of the office. No person may serve more than three full
consecutive terms as County Clerk.
Article IX: Coroner
The Coroner exercises the powers and performs the acts and duties required of or may
be performed by coroners pursuant to State law. The Coroner must appoint a Chief Deputy to
act in the Coroner's absence or disability, or in the case of a vacancy in the office of the Coroner
until the vacancy is filled. The Coroner may appoint other deputies as necessary to carry out
the duties of the office.
Article X: Sheriff
The Sheriff must be a graduate of a certified law enforcement academy or institution
requiring at least 90 quarter (60 semester) credit hours for graduation; or have a minimum of
five years' as an administrator in law enforcement at a role of sergeant or above. The Sheriff
exercises the powers and performs the acts and duties required of or may be performed by
5
sheriffs pursuant to State law. The Sheriff must appoint an Undersheriff,to act in the Sheriffs
absence or disability, or in the case of a vacancy in the office of the Sheriff until the vacancy is
filled. The Undersheriff must have an associate of arts degree, or its equivalent, in police
science, police administration, or some related field. The Undersheriff must have at least five
years' law enforcement experience, including substantial administrative and personnel
experience. No person may serve more than three full consecutive terms as Sheriff.
Article XI:Treasurer
The Treasurer exercises the powers and performs the acts and duties required of or may
be performed by county treasurers pursuant to State law. The Treasurer must appoint a Chief
Deputy to act in the Treasurer's absence or disability, or in the case of a vacancy in the office of
the Treasurer until the vacancy is filled. The Chief Deputy must have a minimum of five years'
experience in handling the type of investments handled by the Treasurer. The Treasurer may
appoint other deputies as necessary to carry out the duties of the office.
The Treasurer is required to deposit funds in appropriate accounts in accordance with
State law, giving preference to Weld County financial institutions. Interest collected from
County funds received should go in the county's general fund, unless by resolution,the Board
of County Commissioners directs the money to a different fund.
Article XII: Office of County Surveyor Abolished
Article XII abolishes the Office of the County Surveyor. The County Engineer is required
to exercise the powers and perform the acts and duties required of or may be performed by
county engineers pursuant to State law.
Article XIII: County Council
The County Council consists of five members; one elected from each of the three
geographic districts and two at-large. Councilmen representing districts must reside within
such districts when nominated, elected or appointed, and during their terms of office.
Councilmen may not hold other County elected offices during their terms of office as
Councilmen, nor may they be County employees. No person may serve more than three full
consecutive terms as a Councilman. Councilmen are not compensated for their services, but
may be reimbursed for actual and necessary expenses incurred in the performance of their
official duties. Vacancies in the office of Councilman occur when a Councilman dies, resigns, is
removed from office, moves from the district from which he or she is elected, is incapacitated,
recalled or becomes a candidate for a County elected office or an employee of the County, or
when no person has been elected to the position of Councilman.
The County Council is required to meet at least monthly. A quorum of three Councilmen
is required to transact business. The adoption, amendment or repeal of any resolution requires
the concurring vote of three Councilmen.
6
`"-'\ Article XIII enumerates County Council's powers and duties. They include the following:
1. Setting salaries of County elected officials.
2. Employing a secretary and other employees, as necessary, pursuant to the County
personnel system.
3. Filling by appointment vacancies in the office of County Commissioner, and in the
office of Councilman.
4. Considering the suspension with pay of a County elected officer who is the subject of
a petition for recall.
5. Considering the suspension with or without pay of a County elected officer who is
charged or indicted for the commission of a felony or a class 1 or 2 misdemeanor
pending prosecution and disposition of the case.
6. Reviewing all aspects of County government and make periodic reports to the
people of Weld County regarding expenditures, efficiency, responsiveness, and
adherence to statutes, laws, and regulations. To assist in preparing reports for the
people, the County Council may appoint an independent performance auditor.
Councilmen must be nominated to the ballot without regard to political affiliation by a
petition containing at least 100 signatures of qualified electors who reside within the
candidate's district, or reside in the County for at-large candidates. Councilmen must be
elected by a majority vote of the qualified electors voting on such position. Terms for
Councilmen are four years, with each Councilman being allowed to serve three full consecutive
terms.
Article XIV: Finance and Budget
The County's fiscal year is from January 1 to December 31. The Director of the
Department of Finance and Administration is responsible for preparing a recommended budget
for the next fiscal year, including recommended operating expenses, capital expenditures, and
revenue sources. The Board of County Commissioners must hold at least one public hearing
regarding the budget after ten days' notice to the public of such hearing. The Board must
adopt the budget, adopt an ordinance appropriating funds for the next fiscal year, and certify
the taxes to be levied. The Board has the authority to adopt emergency appropriations at any
time during the fiscal year upon a declaration that an unforeseen disaster or emergency exists.
The Board may request the Director of Finance and Administration to create a five-year capital
improvements plan and budget.
The Board of County Commissioners must provide for an independent annual audit of all
County accounts and funds, and more frequent audits as deemed necessary.
The incurring of debt,the issuance of evidence of such debt, and the pledging of
revenues is authorized in accordance with State law.
7
Article XIV institutes an annual tax revenue growth limitation of five-percent. Article XIV
provides a procedure whereby the County Council may grant an increased levy for the County
in such amount as it deems appropriate.
Article XIV provides that any one project requiring a capital expenditure out of funds
procured by ad valorem taxation equal to a three-mill levy for three years must first be
approved by a majority vote of the County's qualified electors at special or general election.
Article XIV requires the Board of County Commissioners to adopt bidding procedures
which assure open and competitive bidding on all County purchases. The Board is to give
preference to resident Weld County bidders in all cases where bids are competitive in price and
quality.
Article XV: Elections
Elected officers of Weld County are nominated and elected pursuant to State law at
general elections. Special elections may be called by the Board of County Commissioners and
are conducted in accordance with State law.
Article XV sets forth procedures for recall of elected officers. A recall petition may be
submitted to the County Clerk at any time; however, once an election on recall has been held,
no other election on recall of the same officer may be held for at least one year. The petition
must contain signatures of qualified electors representing fifteen-percent of the total number
of votes cast for that office in the last preceding election within the district from which the
officer was elected, or within the County in the case of an officer elected at-large. Once a valid
recall petition has been submitted to the Board, the recall election must be held at either a
general election or a special election, depending upon if the submission to the Board was within
120 days of the general election date.
Article XV sets forth procedures for initiative and referendum. An ordinance or
resolution may be initiated by petition. A referendum on an enacted ordinance or resolution
may be had by petition, or the Board of County Commissioners may provide for a referendum
on its own motion in enacting the ordinance or resolution.
Article XV contains a provision requiring that before a certificate of occupancy is issued
for a correctional facility, pre-parole facility,jail, prison or other place of incarceration,the
location and siting of such building must be approved by a majority of the registered electors of
Weld County voting at a regular or special election held on such question.
Article XVI: General Provisions
Article XVI is comprised of various requirements, grants of authority, and rules, including
the following:
1. Requiring the Board of County Commissioners to provide for continuity of
government in the event of disaster;
8
t
2. Authorizing the Board to exercise the powers of eminent domain, as provided for in
State law;
3. Establishing rules regarding severability of Charter provisions, the meaning and
importance of article and section titles in the Charter, what is included in the term
"public notice," and the composition of, member term limits, and effect of the
recommendations of appointive boards and commissions;
4. Listing when elected offices become vacant;
5. Establishing ethics rules and standards; and
6. Providing definitions of various words and terms set forth in the Charter.
Article XVI authorizes the imposition of a solid waste surcharge, sets forth the
procedures for its collection, and lists what the money, once collected by Weld County, may be
spent on.
Article XVII:Amendments to Charter
Article XVII sets forth the procedures to amend or repeal the Charter. Charter
amendments are initiated by either a petition signed by at least five-percent of the total
number of registered electors of the County, or by resolution adopted by the Board of County
Commissioners submitting the proposed amendment(s)to the qualified electors of the County.
Any proceeding to contest the adoption of a Charter amendment must be initiated within one-
hundred eighty days after the election adopting the measure. Action to repeal the Charter or
to form a new Charter commission may be initiated by a petition signed by at least fifteen-
percent of the qualified electors of the County. No proposal for a Charter commission, Charter
amendment, or repeal of the Charter may be initiated within twelve months after rejection of a
substantially similar proposal.
Article XVIII:Transitional Provisions
Article XVIII addresses various issues regarding transition from statutory to home rule
government. The transition occurred on January 1, 1976.
9
ATTE \ iNCE LIST
3 sow - aoi a
COUNTY OF
NAME - PLEASE PRINT LEGIBLY ADDRESS , CITY , ST, ZIP EMAIL/PHONE N MBER RESIDENCE ?
�j' I �2V'2. r. ) eCt6 '� liEDFD €4, C 7 GUI CO gay) 4 Se
fFu �^5a/^ ea , tve l � cc, U5 (L\
Sled eff IJtk v /�'G3 friszj$ 6≤cs ,
erna, �tl �lriL�a �Y�7 GJG2 ��e [� �A���. OK;) .csw� 359G 51'r� luBl( gb �; sir - f �i�,, ; �-� tia
n -EZ) rce- fr 7)/'7;‘` ') e /AA ('
6 rAmatt le a so Sak, Atyto (
) 110 Pc oncArfiA,t-to lc/ _ L}q1pfirk Ceorat104 (11 /O/
/" Lc;Hr ISGoI (2S/ > % ' (- -CI i ' iv h �`. a ec Icy is cc ..> oYs1ckd'6mwicc. ct-. nel b4c )
,.l D-svAG tfriS ZO 'wf 2�1 � k Sktek Ti 9)) 3 i&
Hello