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AD-HOC Weld County Home Rule Charter
Amendment Study Committee
Meeting Minutes — June 13, 2018
(Corrected on 7/ 18 /2018 as to motion on New Business item # 1)
CALL TO ORDER - ROLL CALL : Jackie Johnson , Chair, called the meeting to order
at 6 : 30 p . m . , in the Weld County Administration Building, Pawnee Conference Room . The
following Home Rule Charter Committee ( HRCC ) members were present : Al Dominguez,
Sam Gluck, Dave Kisker, Mark Lawley, Ray Patch, Justus Pettit, and James Welch, and
Garrett Varra was 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 - JUNE 6, 2018 : Ray Patch moved to approve the Minutes
of June une 6, 2018 . The motion was seconded by Al Dominguez, and it carried unanimously .
HI. OLD BUSINESS
A . Additional Report to County Commissioners : Chair Johnson opened the matter for
discussion . Mr. Welch proposed itemizing the topics into categories such as items eligible
for recodification , and items suggested for future consideration due to economic or
population changes . Mr. Kisker stated a summary would demonstrate the HRCC members
reviewed a whole range of topics suggested by the public and could document input and
viewpoints provided by elected officials and department heads . Mr. Lawley commented a
summary would serve to bring awareness ofconcerns raised , such as the need for improved
transparency and navigation of the website . Mr. Gluck agreed it is important to
demonstrate the HRCC members made a good faith effort to explore all the topics raised
and outline potential future revisions if the County ' s demographics change . Mr. Kisker
added it could also document those items which were discussed and determined to be
unconstitutional or outside the scope of the HRCC and Charter revision . Mr. Dominguez
and Chair Johnson agreed all those things could be accomplished through an introductory
paragraph leading into the formal recommendation, or perhaps added as an appendix or
just attach the minutes . Chair Johnson commented the summary also needs to be phrased
to reflect that the topics were raised by 10- 12 interested citizens. She tasked the HRCC
members with submitting their recollections and suggestions to her, and she agreed to
compile them in preparation for the formal presentation .
IV. NEW BUSINESS
A . FINANCE and ADMINISTRATION
1 . Commissioner Coordination/County Administrator Section 3 -6 : In response to
Chair Johnson , Mr. Barker stated the Assistant Coordinator position has always
been included in the Charter, and the responsibilities are generally minimal unless
there are circumstances that prevent the primary coordinator from performing their
duties ( i .e ., prolonged illness) . There was discussion concerning a county manager
and whether or not each commissioner should have a coordinator role because they
are all independently elected . Based on previous discussion , Mr. Barker reiterated
Page 1 2018-3887
9C00'3
the Department of Human Services is not a County department that is
acknowledged in the Charter, rather, it is a State mandated function. Mr. Barker
recommended not including a Coordinator or assistant role for the Department of
Human Services in the Charter, although he confirmed a Commissioner is
appointed by Resolution each year to coordinate the Department of Human
Services. There was also discussion concerning the potential for prejudicial
elimination of coordination responsibilities (i.e., prohibiting a Commissioner from
coordinating based on political party affiliation, or trust issues, or, in the contrary,
overloading a commissioner with multiple departments).
For purposes of discussion, Mr. Welch made a motion to change the language
to read: "Each of the other Commissioners shall serve as coordinator or assistant
coordinator of at least one of the other three major departments as established by
Article IV, with appointments being made by the Board at its first meeting in
January each year. " The motion was seconded by Mr. Kisker. Mr. Barker stated
the matter is complicated by the fact that the coordinator roles are still required to
be appointed by the Board, which may choose to not appoint based on some point
of discretion. Mr. Dominguez commented the departments are not run by the
coordinators, rather, the department heads provide reports of current or ongoing
activities for the Board's awareness. Mr. Pettit expressed appreciation for the
current language which allows some flexibility to work within the various
circumstances that may be encountered. Mr. Kisker commented the coordinator
involvement depends on the nature of the department. Upon a call for the vote, the
motion failed on a vote of 6-2 with Mr. Kisker, Mr. Welch and Mr. Gluck voting
in the minority, and no change was made, with comments from Mr. Lawley and
Mr. Gluck.
2. Residency Requirements for Department of Finance and Administration —
Section 4-2: Mr. Kisker stated his belief that at some point this will take care of
itself. Mr. Walsh stated he is used to working with members of his team who
telecommute from all over the world. Mr. Dominguez commented this is a unique
situation based on the Board's perceived institutional value provided by
Mr. Warden. Mr. Barker stated the County Attorney is the only appointed position
that is required to be a County resident by the Charter. He added the State statutes
do not allow residency requirements, so if this were to be added to the Charter, the
Board would also have to pass an ordinance and codify the statement that it is highly
important that the Director of Finance and Administration reside within the County.
The HRCC members acknowledged this to be another instance of flexibility and
not a major problem, noting that telecommuting is a new reality and Mr. Warden is
encouraged to be present when needed. No change was made.
3. Budget Hearings—Section 14-2: Chair Johnson clarified the public input suggested
the need for an additional public hearing during the budget review process.
Mr. Barker explained various issues are raised during the early warning budget
hearings in October and Mr. Warden is tasked with researching and addressing
Page 2
{
them as part of the Final Budget hearing in December. Mr. Kisker shared his
observation that there has not been the opportunity to offer public input during the
October Budget hearings. Mr. Barker stated public comment is invited during the
Final Budget hearing in December. There was discussion concerning the ability to
provide written comment and the timing constraints for meeting the Final Budget
submittal deadline. Mr. Dominguez commented that providing input does not
mandate an accommodating action. Mr. Pettit suggested the topic of public input
during the budget hearing process should be included in the informational section
of the recommendation summary. No change was made.
B. ELECTED/APPOINTED OFFICIALS
. Changes from Existing Status—Articles VI-XI: Mr. Barker stated, in 1976,the new
Charter eliminated the position of Surveyor,and in 2002,the Treasurer and Coroner
positions were changed to be appointed. Mr. Kisker noted that each of the current
officials indicated the existing structure is working and an elected status does not
preclude the opportunity for misdeeds. The HRCC members agreed there was
nothing compelling enough to change any of the remaining elected positions,
stating although the current group of Commissioners has been successful in their
appointments of Coroner and Treasurer, it is still important to let the voters have a
say in who enforces the law, collects the taxes, and runs the elections, independent
from any input by the Commissioners. No change was made.
2. Felony Conviction Requirement: Mr. Barker explained the Secretary of State has
determined that a person convicted of a felony may regain their status as an eligible
elector after serving their sentence, and there is nothing in the Constitution or State
statutes that prohibits voting based on a past felony conviction. However, he
referenced Section 12-4-4, C.R.S., which states: "No person convicted of
embezzlement of public moneys, bribery, perjury, solicitation of bribery, or
subornation of perjury shall be eligible to hold any office of trust or profit in the
State of Colorado. " He explained the situation in the City of Greeley where the
council member was removed from office based on a felony conviction was
litigated but not as to the constitutionality of the matter. The HRCC members
discussed options for restricting eligibility for elected office via the Charter or
relying on a felony conviction being public record and leaving the decision to the
voters. Mr. Patch proposed the inclusion of language that requires a candidate to
disclose a felony record. Mr. Kisker moved to table the matter,to allow the County
Attorney time to draft possible language options. Mr. Patch seconded the motion,
and it carried unanimously.
3. Residency Requirements for Elected Offices — Articles VI-XI: In response to
Mr. Kisker, Mr. Barker stated there is a residency requirement for the Sheriff's
Office, as well as the other elected positions. No change was made.
Page 3
1
4. Term Limits for Elected Officials— Sections 6-4 and 6-5: The issue of term limits
was previously discussed in relation to the Board of Commissioners and elected
offices in general. No change was made.
V. ADJOURNMENT: Chair Johnson stated the next meeting will be held on June 20th, at
6:30 p.m., in the Weld County Administration Building — Pawnee Conference Room, to
discuss the selected issues and continue forming a recommendation. There being no further
discussion, Chair Johnson adjourned the meeting at 7:54 p.m.
*Minutes submitted by Esther E. Gesick, Clerk to the Board
Page 4
AD-HOC Weld County Home Rule Charter
Amendment Study Committee
Meeting Minutes — June 13, 2018
CALL TO ORDER—ROLL CALL: Jackie Johnson, Chair, called the meeting to order
at 6:30 p.m.,in the Weld County Administration Building,Pawnee Conference Room. The
following Home Rule Charter Committee(HRCC)members were present: Al Dominguez,
Sam Gluck, Dave Kisker, Mark Lawley, Ray Patch, Justus Pettit, and James Welch, and
Garrett Varra was 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-JUNE 6,2018: Ray Patch moved to approve the Minutes
of June 6, 2018. The motion was seconded by Al Dominguez, and it carried unanimously.
III. OLD BUSINESS
A. Additional Report to County Commissioners: Chair Johnson opened the matter for
discussion. Mr. Welch proposed itemizing the topics into categories such as items eligible
for recodification, and items suggested for future consideration due to economic or
population changes. Mr. Kisker stated a summary would demonstrate the HRCC members
reviewed a whole range of topics suggested by the public and could document input and
viewpoints provided by elected officials and department heads. Mr. Lawley commented a
summary would serve to bring awareness of concerns raised, such as the need for improved
transparency and navigation of the website. Mr. Gluck agreed it is important to
demonstrate the HRCC members made a good faith effort to explore all the topics raised
and outline potential future revisions if the County's demographics change. Mr. Kisker
added it could also document those items which were discussed and determined to be
unconstitutional or outside the scope of the HRCC and Charter revision. Mr. Dominguez
and Chair Johnson agreed all those things could be accomplished through an introductory
paragraph leading into the formal recommendation, or perhaps added as an appendix or
just attach the minutes. Chair Johnson commented the summary also needs to be phrased
to reflect that the topics were raised by 10-12 interested citizens. She tasked the HRCC
members with submitting their recollections and suggestions to her, and she agreed to
compile them in preparation for the formal presentation.
IV. NEW BUSINESS
A. FINANCE and ADMINISTRATION
1. Commissioner Coordination/County Administrator Section 3-6: In response to
Chair Johnson, Mr. Barker stated the Assistant Coordinator position has always
been included in the Charter, and the responsibilities are generally minimal unless
there are circumstances that prevent the primary coordinator from performing their
duties(i.e.,prolonged illness). There was discussion concerning a county manager
and whether or not each commissioner should have a coordinator role because they
are all independently elected. Based on previous discussion, Mr. Barker reiterated
the Department of Human Services is not a County department that is
Page 1
acknowledged in the Charter, rather, it is a State mandated function. Mr. Barker
recommended not including a Coordinator or assistant role for the Department of
Human Services in the Charter, although he confirmed a Commissioner is
appointed by Resolution each year to coordinate the Department of Human
Services. There was also discussion concerning the potential for prejudicial
elimination of coordination responsibilities (i.e., prohibiting a Commissioner from
coordinating based on political party affiliation, or trust issues, or, in the contrary,
overloading a commissioner with multiple departments).
For purposes of discussion, Mr. Welch made a motion to change the language
to read: "Each of the other Commissioners shall serve as coordinator or assistant
coordinator of at least one of the other three major departments as established by
Article IV, with appointments being made by the Board at its first meeting in
January each year. " The motion was seconded by Mr. Kisker. Mr. Barker stated
the matter is complicated by the fact that the coordinator roles are still required to
be appointed by the Board, which may choose to not appoint based on some point
of discretion. Mr. Dominguez commented the departments are not run by the
coordinators, rather, the department heads provide reports of current or ongoing
activities for the Board's awareness. Mr. Pettit expressed appreciation for the
current language which allows some flexibility to work within the various
circumstances that may be encountered. Mr. Kisker commented the coordinator
involvement depends on the nature of the department. Upon a call for the vote,the
motion failed on a vote of 6-2 with Mr. Kisker and Mr. Welch voting in the
minority, and no change was made, with comments from Mr. Lawley and
Mr. Gluck that it would not resolve the current political or other potential issues
discussed.
2. Residency Requirements for Department of Finance and Administration —
Section 4-2: Mr. Kisker stated his belief that at some point this will take care of
itself. Mr. Walsh stated he is used to working with members of his team who
telecommute from all over the world. Mr. Dominguez commented this is a unique
situation based on the Board's perceived institutional value provided by
Mr. Warden. Mr. Barker stated the County Attorney is the only appointed position
that is required to be a County resident by the Charter. He added the State statutes
do not allow residency requirements, so if this were to be added to the Charter, the
Board would also have to pass an ordinance and codify the statement that it is highly
important that the Director of Finance and Administration reside within the County.
The HRCC members acknowledged this to be another instance of flexibility and
not a major problem,noting that telecommuting is a new reality and Mr. Warden is
encouraged to be present when needed. No change was made.
3. Budget Hearings—Section 14-2: Chair Johnson clarified the public input suggested
the need for an additional public hearing during the budget review process.
Mr. Barker explained various issues are raised during the early warning budget
hearings in October and Mr. Warden is tasked with researching and addressing
Page 2
them as part of the Final Budget hearing in December. Mr. Kisker shared his
observation that there has not been the opportunity to offer public input during the
October Budget hearings. Mr. Barker stated public comment is invited during the
Final Budget hearing in December. There was discussion concerning the ability to
provide written comment and the timing constraints for meeting the Final Budget
submittal deadline. Mr. Dominguez commented that providing input does not
mandate an accommodating action. Mr. Pettit suggested the topic of public input
during the budget hearing process should be included in the informational section
of the recommendation summary. No change was made.
B. ELECTED/APPOINTED OFFICIALS
1. Changes from Existing Status—Articles VI-XI: Mr. Barker stated,in 1976,the new
Charter eliminated the position of Surveyor,and in 2002,the Treasurer and Coroner
positions were changed to be appointed. Mr. Kisker noted that each of the current
officials indicated the existing structure is working and an elected status does not
preclude the opportunity for misdeeds. The HRCC members agreed there was
nothing compelling enough to change any of the remaining elected positions,
stating although the current group of Commissioners has been successful in their
appointments of Coroner and Treasurer, it is still important to let the voters have a
say in who enforces the law, collects the taxes, and runs the elections, independent
from any input by the Commissioners. No change was made.
2. Felony Conviction Requirement: Mr. Barker explained the Secretary of State has
determined that a person convicted of a felony may regain their status as an eligible
elector after serving their sentence, and there is nothing in the Constitution or State
statutes that prohibits voting based on a past felony conviction. However, he
referenced Section 12-4-4, C.R.S., which states: "No person convicted of
embezzlement of public moneys, bribery, perjury, solicitation of bribery, or
subornation of perjury shall be eligible to hold any office of trust or profit in the
State of Colorado. " He explained the situation in the City of Greeley where the
council member was removed from office based on a felony conviction was
litigated but not as to the constitutionality of the matter. The HRCC members
discussed options for restricting eligibility for elected office via the Charter or
relying on a felony conviction being public record and leaving the decision to the
voters. Mr. Patch proposed the inclusion of language that requires a candidate to
disclose a felony record. Mr.Kisker moved to table the matter,to allow the County
Attorney time to draft possible language options. Mr. Patch seconded the motion,
and it carried unanimously.
3. Residency Requirements for Elected Offices — Articles VI-XI: In response to
Mr. Kisker, Mr. Barker stated there is a residency requirement for the Sheriffs
Office, as well as the other elected positions. No change was made.
Page 3
4. Term Limits for Elected Officials—Sections 6-4 and 6-5: The issue of term limits
was previously discussed in relation to the Board of Commissioners and elected
offices in general. No change was made.
V. ADJOURNMENT: Chair Johnson stated the next meeting will be held on June 20th, at
6:30 p.m., in the Weld County Administration Building — Pawnee Conference Room, to
discuss the selected issues and continue forming a recommendation. There being no further
discussion, Chair Johnson adjourned the meeting at 7:54 p.m.
*Minutes submitted by Esther E. Gesick, Clerk to the Board
Page 4
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