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Home My WebLink About20173010RESOLUTION RE: SUBMITTING AMENDMENT TO THE WELD COUNTY HOME RULE CHARTER TO THE ELECTORS OF THE ELECTION ON NOVEMBER 7, 2017 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Article XVII, Section 17-1(1)(b) of the Weld County Home Rule Charter provides for the submittal to the qualified electors proposed Home Rule Charter amendments by Resolution of this Board, and WHEREAS, the Board determines that the following proposed amendment to repeal and reenact Section 16-9 of the Weld County Home Rule Charter, to require all Elective Officers and employees of the County of Weld, Colorado, to comply with the ethics rules, standards, and penalty provisions set forth in the laws of the State of Colorado, including, but not limited to, Article XXIX "Ethics in Government" of the Colorado Constitution, shall be referred to the ballot for the November 7, 2017, Election (bold and/or strikeout show amendments): Section 16-9. - Conflict of Interest Ethics Rules and Standards. (1) General: No county officer, member of an appointed board, or employee shall have any interest in any enterprise or organization doing business with Weld County which might interfere with the unbiased discharge of his duty to the public and the best interest of the County. This restriction shall not apply where the officer, member of an appointed board, or employee's department has no direct contact nor business transaction with any such enterprise or organization. (2) Specific: {a) No employee of the Central Purchasing Division shall have any interest in any enterprise or organization doing business with Weld County. (b) Neither the Treasurer nor employees of the Treasurer's Office shall have any proprietary interest in any financial institution in which the County maintains deposits. (3) Question referred to Council: In the event a question arises as to possible conflict of interest between any county officer, member of an appointed board, or employee, and any enterprise or organization doing business with Weld County, the question will be presented to the County Council for review, investigation, decision and resolution. The judgment and decision of the Council shall be considered final and shall be made a matter of public record. 4343237 Pages: 1 of 4 10/11/2017 09:00 AM R Fee:$0.00 Carly Kopp's, Clerk and Reoorder, Weld County, CO VIII I �.rI�,T LrlAV M �� '�f� Niir�lhh'�k'ti'�fil�lti �I III c c c TS C £.b) , c G. C e ), F2 Coca), cc CLic), c(Ac cRS) 10(ICalr7 2017-3010 BC0013 APPROVE SUBMITTING AMENDMENT TO THE WELD COUNTY HOME RULE CHARTER TO THE ELECTORS OF THE ELECTION ON NOVEMBER 7, 2017 PAGE 2 All Elective 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 Officers and employees of the County of Weld, Colorado, from the provisions of Article XXIX "Ethics in Government" of the Colorado Constitution. , and WHEREAS, the Board further determines that the Clerk to the Board shall publish the full text of the proposed amendment within 30 days of this Resolution, along with notice that the issues of such proposed amendments shall be determined at the Election on November 7, 2017. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the proposed amendment to the Weld County Home Rule Charter which are set forth above, be referred to the ballot for the November 7, 2017, Election, and that the questions regarding such amendments be presented in the forms shown in the attached Exhibits BE IT FURTHER RESOLVED by the Board that the Clerk to the Board publish notice of the election, along with the full text of the proposed amendment, within 30 days of this Resolution in the legal newspaper for Weld County. BE IT FURTHER RESOLVED by the Board that each elector voting at the election and desirous of voting for or against said amendment shall cast his or her ballots as provided by law either "Yes" or "No" on the propositions shown as "REFERRED BALLOT QUESTION 1B" in Exhibit "A." BE IT FURTHER RESOLVED by the Board that the proposition shown as "REFERRED BALLOT QUESTION 1 B" in Exhibit "A" shall be deemed "passed" and effective on November 7, 2017, upon the affirmative vote of more than fifty percent (50%) of the qualified electors of Weld County who vote on the proposition at the election on November 7, 2017. 4343237 Pages: 2 of 4 10/11/2017 09:00 AM R Fee:$0.00 Carly Koppas, Clerk and Reoord.r, Wald County, CO VIII ride A I INA : i VIMIteIliN ad iI II 2017-3010 BC0013 APPROVE SUBMITTING AMENDMENT TO THE WELD COUNTY HOME RULE CHARTER TO THE ELECTORS OF THE ELECTION ON NOVEMBER 7, 2017 PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR�►,DO ATTEST: ddiao);� Weld County Clerk to the Board BY: Deputy (ale " t APPROVE. AS T unty Attorney Date of signature: IO/1412.Ol, E343237 Pages: 3 of 4 ,0/11/2017 09:0 aMd R o Fee:$0.00 councr, co ar1Y KoPDS: 1111 l��Nt=14+�rI�IICIfi� ��I�th��l�tili+ 'MY 11111 Cozad, Chair Steve Moreno, Pro-Tem can P. Conway ike Freeman rbara Kirkmeyer 2017-3010 BC0013 Exhibit "A" WELD COUNTY REFERRED BALLOT QUESTION 1B A PROPOSAL TO REPEAL AND REENACT SECTION 16-9 OF THE WELD COUNTY HOME RULE CHARTER TO REQUIRE ALL ELECTIVE OFFICERS AND EMPLOYEES OF THE COUNTY OF WELD, COLORADO, TO COMPLY WITH THE ETHICS RULES, STANDARDS, AND PENALTY PROVISIONS SET FORTH IN THE LAWS OF THE STATE OF COLORADO INCLUDING, BUT NOT LIMITED TO, ARTICLE XXIX "ETHICS IN GOVERNMENT" OF THE COLORADO CONSTITUTION. Shall Section 16-9 of the Weld County Home Rule Charter be repealed and reenacted to require all Elective Officers and employees of the County of Weld, Colorado, to comply with the ethics rules, standards, and penalty provisions set forth in the laws of the State of Colorado, including, but not limited to, Article XXIX "Ethics in Government" of the Colorado Constitution, thus reading as follows? Section 16-9. - Ethics Rules and Standards. All Elective 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 of Colorado, 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 Officers and employees of the County of Weld, Colorado, from the provisions of Article XXIX "Ethics in Government" of the Colorado Constitution. Yes No 4343237 Paws : 4 of 4 10/11/2017 09:00 AM R F..:$0.00 Carly Koppaa, Clark and Raoordar, Wald County, Co ��nn ?1�� Lit �� iii � kiiil a 1I it l NOTICE OF BALLOT ISSUE FOR NOVEMBER 7, 2017, ELECTION DOCKET #: 2017-80 In accordance with the provisions of Colorado Statute and Article XVII, Section 17-1(1)(b) of the Weld County Home Rule Charter, notice is hereby given that a ballot issue regarding an amendment to the Weld County Home Rule Charter will be submitted to the qualified electors of Weld County at the November 7, 2017, Election, pursuant to a Resolution of the Board of County Commissioners, dated August 28, 2017. The election precinct shall be the entire County of Weld, Colorado. The questions presented shall be: REFERRED BALLOT QUESTION 1A A PROPOSAL TO REPEAL ARTICLE XIII IN ITS ENTIRETY AND SECTIONS 14- 7(2)(B), 16-10(11) AND 16-10 (12) OF THE WELD COUNTY HOME RULE CHARTER, AND TO REPEAL AND REENACT SECTIONS 3-8(4)(P), 3-9(1), 3-15(1), 6-1, 6-3, 6-5(4), 6-6(1), AND 14-7(2)(A) OF THE WELD COUNTY HOME RULE CHARTER, TO ELIMINATE THE WELD COUNTY COUNCIL AND ALL REFERENCES THERETO. Shall Article XIII in its entirety and Sections 14-7(2)(b), 16-10(11), and 16-10(12) of the Weld County Home Rule Charter be repealed, and Sections 3-8(4)(p), 3-9(1), 3-15(1), 6- 1, 6-3, 6-5(4), 6-6(1), and 14-7(2)(a) of the Weld County Home Rule Charter be repealed and reenacted, to eliminate the Weld County Council and all references thereto, thus reading as follows? 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: (p) Provide for reimbursement of actual expenses of food, travel, and lodging necessary for performance of the duties of a County Commissioner, county officer, county employee, or member of an appointed board or commission. Section 3-9. - Compensation. (1) Compensation of members of the Board shall be fixed by the laws of the State of Colorado. Section 3-15. - Vacancies. (1) A vacancy in the office of County Commissioner shall be filled in accordance with the laws of the State of Colorado. o?a/7-3010 Section 6-1. - Elective Officers. The Elective Officers of the County of Weld, Colorado, shall be five County Commissioners; 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 offices, except County Commissioners, shall be filled by the Board as provided by this Charter. Section 6-5. - Qualifications. (4) Each county office shall be the primary employment of the officer during the term for which he is elected or appointed. Section 6-6. - Compensation. (1) Compensation of all elected officers shall be fixed by the laws of the State of Colorado. ARTICLE XIII - COUNTY COUNCIL. — Repealed in its entirety. Section 14-7. - Limitation on Annual Tax Levy. (2) Increased levy; procedure. (a) If the Board be of the opinion, the amount of tax limited by the preceding Section will be insufficient for the County needs for the current year, it may submit the question of an increased levy to the to the qualified electors of the County at a general or special election called for that purpose. However, no such excess levy shall be granted which will allow a greater revenue than would be produced by applying the previous year mill levy to the current year's assessed valuation. (b) Repealed. Section 16-10. - Definitions. Unless the context otherwise requires, the words or phrases defined herein shall be given the meaning set forth in this Section. (11) Council — Repealed. (12) Councilman — Repealed. Yes No REFERRED BALLOT QUESTION 1B A PROPOSAL TO REPEAL AND REENACT SECTION 16-9 OF THE WELD COUNTY HOME RULE CHARTER TO REQUIRE ALL ELECTIVE OFFICERS AND EMPLOYEES OF THE COUNTY OF WELD, COLORADO, TO COMPLY WITH THE ETHICS RULES, STANDARDS, AND PENALTY PROVISIONS SET FORTH IN THE LAWS OF THE STATE OF COLORADO INCLUDING, BUT NOT LIMITED TO, ARTICLE XXIX "ETHICS IN GOVERNMENT" OF THE COLORADO CONSTITUTION. Shall Section 16-9 of the Weld County Home Rule Charter be repealed and reenacted to require all Elective Officers and employees of the County of Weld, Colorado, to comply with the ethics rules, standards, and penalty provisions set forth in the laws of the State of Colorado, including, but not limited to, Article XXIX "Ethics in Government" of the Colorado Constitution, thus reading as follows? Section 16-9. - Ethics Rules and Standards. All Elective 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 of Colorado, 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 Officers and employees of the County of Weld, Colorado, from the provisions of Article XXIX "Ethics in Government" of the Colorado Constitution. Yes No Each elector voting at the election and desirous of voting for or against said amendment shall cast his or her ballots as provided by law either "Yes" or "No" on the proposition shown. If passed, the text of the amendment shall be incorporated into the Weld County Home Rule Charter. BE IT ALSO KNOWN that copies of the proposed amendment may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, Monday through Friday, 8:00 a.m. to 5:00 p.m. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@weldgov.com. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 1, 2017 PUBLISHED: September 6, 2017, in the Greeley Tribune rauvtMtiEFf 7, 2017, ELECTION DOCKET #: 2017-80 In accordance with the provisions of Colorado Statute and Article XVII, Section 17-1(1)(b) of the Weld County Home Rule Charter. notice is hereby given that a ballot issue regarding an amend rnent to the Weld County Home Rule Charter will be submitted to the qualified electors of Weld County at the November 7, 2017, Election. pursuant to a Resolution of the Board of County Com- missioners, dated August 28: 2017. The election precinct shall be the entire County of Weld, Colo - redo. The questions presented shall be' REFERRED BALLOT QUESTION 1A A PROPOSAL TO REPEAL ARTICLE XIII IN ITS ENTIRETY AND SECTIONS 14-7(2)(B), 16 10(11) AND 16-10 (12) OF THE WELD COUNTY HOME RULE CHARTER, AND TO REPEAL AND REENACT SECTIONS 3-8(4)(P). 3-9(1), 3-15(1), 6-1, 6-3, 6-5(4), 6.6(1), AND 14-7(2)(A) OF THE WELD COUNTY HOME RULE CHARTER, TO ELIMINATE THE WELD COUNTY COUNCIL AND ALL REFERENCES THERETO. Shall Article XIII in its entirety and Sections 14-7(2)(bl, 16-10(11). and 16-10(12) of the Weld County Home Rule Charter be repealed, and Sections 3.8(4)(p), 3-9(1), 3-15(1), 6-1, 6-3, 6-5(4), 6-6(1), and 14.7(2)(a) of the Weld County Home Rule Charter be repealed and reenacted, to etfmi- nate the Weld County Council and all references thereto, thus reading as follows? Section 3-8. - Powers and Duties (4) Without limiting the generality of the foregoing or diminishing the total authority and responsibili- ty of the Board. as herein provided, the powers and duties of the Board shall include duties and powers to: (p)Provide for reimbursement of actual expenses of food, travel, and lodging necessary for perfor- mance of the duties of a County Commissioner, county officer, county employee, or member of an appointed board or commission. Section 3-9. - Compensation. (1)Compensafton of members of the Board shall be fixed by the laws of the State of Colorado. Section 3.15. - Vacancies. (1)A vacancy in the office of County Commissioner shall be filled in accordance with the laws of the State of Colorado. Section 6-1. - Elective Officers, The Elective Officers of the County of Weld, Colorado. shall be five County Commissioners; 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 ac- cordance 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 §4-26(2) of this Charter. Not- withstanding 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 §4-28(2) of this Charter. Section 6-3 - Vacancy. Vacancies in elective offices, except County Commissioners, shall be filled by the Board as provid- ed by this Charter. Section 6-5. - Qualifications. (4) Each county office shall be the primary employment of the officer during the term for which he is elected or appointed. Section 6-6. - Compensation. (1)Compensation of all elected officers shall be fixed by the laws of the State of Colorado. ARTICLE XIII - COUNTY COUNCIL. - Repealed in its entirety. Section 14-7. - Limitation on Annual Tax Levy. (2)Increased levy; procedure. (a) If the Board be of the opinion, the amount of tax limited by the preceding Section will be insuffi- cient for the County needs for the current year, it may submit the question of an increased levy to the to the qualified electors of the County at a general or special election called for that purpose. However, no such excess levy shall be granted which will allow a greater revenue than would be produced by applying the previous year mill levy to the current year's assessed valuation. (b)Repealed. Section 16-10. - Definitions. Unless the context otherwise requires, the words or phrases defined herein shall be given the meaning set forth in this Section. (11) Council — Repealed. (12) Councilman — Repealed. Yes No REFERRED BALLOT QUESTION 1B A PROPOSAL TO REPEAL AND REENACT SECTION 16-9 OF THE WELD COUNTY HOME RULE CHARTER TO REQUIRE ALL ELECTIVE OFFICERS AND EMPLOYEES OF THE COUN- TY OF WELD, COLORADO, TO COMPLY WITH THE ETHICS RULES, STANDARDS, AND PEN- ALTY PROVISIONS SET FORTH IN THE LAWS OF THE STATE OF COLORADO INCLUDING, BUT NOT LIMITED TO, ARTICLE XXIX "ETHICS IN GOVERNMENT' OF THE COLORADO CONSTITUTION. Shall Section 16-9 of the Weld County Home Rule Charter be repealed and reenacted to require all Elective Officers and employees of the County of Weld, Colorado, to comply with the ethics rules, standards, and penalty provisions set forth in the laws of the State of Colorado, including, but not limited to, Article XXIX "Ethics in Government" of the Colorado Constitution, thus reading as fol- lows? Section 16-9. - Ethics Rules and Standards. All Elective 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 of Colorado, 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 Officers and employees of the County of Weld, Colorado, from the provi- sions of Article XXIX "Ethics in Government" of the Colorado Constitution. Yes No Each elector voting at the election and desirous of voting for or against said amendment shall cast his or her ballots as provided by law either "Yes" or "No" on the proposition shown. If passed, the text of the amendment shall be incorporated into the Weld County Home Rule Charter. BE IT ALSO KNOWN that copies of the proposed amendment may be examined in the office ofthe 11150 0 Strerk to the et, Greeley, Coloard of o ado 80631, Monday through FriCommissioners, boated in the day, 8 00 d County o1nistration 5:00 p.m E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure in- clusion of your E -Mail correspondence into the case file, please send a copy to egesick@weldgov.com. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 1, 2017 PUBLISHED: September 6, 2017, in the Greeley Tribune The Tribune September 6, 2017 Affidavit of Publication STATE OF COLORADO County of Weld, I Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, SS. that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Sixth day of September A.D. 2017 and the last publication thereof: in the issue of said newspaper bearing the date of the Sixth day of September A.D. 2017 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. September 6, 2017 Total Charges: $59.27 6th day of September 2017 My Commission Expires 2/14/2019 fifOTIAr STATE OF N('TAR' ^(l Hello