HomeMy WebLinkAbout20162898.tiffHEARING CERTIFICATION
DOCKET NO. 2016-84
RE: HEARING TO ALLOW CITIZEN INPUT AND DISCUSSION CONCERNING FORMATION
OF AN AD HOC COMMITTEE TO STUDY THE NEED FOR AMENDMENTS TO THE
WELD COUNTY HOME RULE CHARTER
A public hearing was conducted on September 21, 2016, at 9:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
The following business was transacted:
I hereby certify that pursuant to a notice dated September 13, 2016, and duly published
September 16, 2016, in the Greeley Tribune, a public hearing was conducted to allow citizen input
and discussion concerning the formation of an ad hoc committee to study the need for
amendments to the Weld County Home Rule Charter. Chair Freeman made this a matter of
record and stated the Home Rule Charter was originally passed in 1976 and through the years it
has gone through various amendments. The last review committee was formed in 2001, to see
if anything within the Charter had become obsolete or if any provisions were in need of revision.
He stated over time things can change and it has been 15 years since a comprehensive review
has been done, therefore, the Board felt it may be time to take a look and make sure all of the
Charter provisions are still relevant. He explained the purpose of this hearing is to allow for public
input as to whether there is support, or not, for the Board proceeding with the formation of an ad
hoc review committee, and he requested that comments be limited to three minutes.
Steve Teets, Greeley resident, supported the idea of re-examining the Charter to determine
whether it is still current.
12. Dave Kisker, Johnstown resident, stated that, in principle, a review of the Charter is not a
bad idea; however, in this instance it appears the review is potentially taking place during a
politically charged time concerning recent actions of the County Council and the Clerk and
Recorder's Office. He does not support the removal of elected offices because it removes the
voice of the voting citizens. Unfortunately, the County Council has been in a difficult situation
over the past several months with the conflict of interest presented by County Council member,
Marge Klien. He expressed support for making the County Council stronger, consisting of
non-partisan members, and appointed by a non -biased third party which is not associated with
the County. Chair Freeman confirmed the County Council is non-partisan and elected by the
citizens of Weld County. He also stated there is no intent to rush this process. Rather, the
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2016-2898
BC0013
HEARING CERTIFICATION - HEARING TO ALLOW CITIZEN INPUT AND DISCUSSION
CONCERNING FORMATION OF AN AD HOC COMMITTEE TO STUDY THE NEED FOR
AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER
PAGE 2
Committee could take the next 8-9 months to conduct public meetings throughout the County and
bring back recommendations as to potential items to put on the 2017 ballot.
• Ellen Delorenzo, Johnstown resident, expressed concern with an audit taking three years.
Commissioner Kirkmeyer clarified her prior statement made during the regular Board meeting
was that an audit was done three years ago. Chair Freeman further clarified that as soon as the
County Council selects an auditing firm, the process could be underway immediately.
Ms. Delorenzo also stated it is important for a government to be structured to have a healthy
checks and balances. ElIn response to Commissioner Cozad, Ms. Delorenzo stated she is not
in favor of establishing a review committee right now; possibly later, after the politically charged
question around checks and balances at all levels has been resolved.
• Mike Konkel, Kersey resident, supported a committee that won't be politically charged. He
would be interested to see what recommendation may be brought forward.
• Karen Grillos, Hudson resident, stated she is still uncertain concerning the need for a review
committee because she is not sure who the committee will consist of, or how they will be chosen.
She expressed concern with the atmosphere at the County Council meeting on Monday evening,
noting that one member's comments were perceived as adversarial, rather than encouraging
more citizens to participate. She expressed support for a system of checks and balances and
stated the Charter may not be broken, rather, the current leadership should start taking action
and quit deferring the important decisions. Chair Freeman explained the review committee
would be appointed by the Board of Commissioners, they would be similar to the Planning
Commission and represent all areas of the County, and come from various political affiliations.
He further clarified that the Committee members would get no direction from the Board of
Commissioners other than to review the Charter in its entirety, solicit public input throughout the
County, and report back to the Board as to any provisions which the citizenry supports for a vote
on the ballot. = In response to Commissioner Cozad's request for clarification on Monday's
meeting, Ms. Grillos stated some of the public speakers addresses were similar and they were
asked if their attendance was planned, which seemed adversarial.
• There being no additional comments, Chair Freeman closed public input. Commissioner
Cozad addressed the sentiments that there are politically charged conversations taking place
behind closed doors. She clarified the idea of looking at the Charter was started when the County
Council indicated their intension to dissolve, which they do not have the authority to do. She
reiterated it has been 15 years since the last review and it is her desire to ensure efficient
government, with public meetings conducted throughout the entire County. She further stated it
is important to her to hear from the citizens and the feedback from the public via a review
committee would allow the Board to present recommendations to the public on a ballot for
consideration.
2016-2898
BC0013
HEARING CERTIFICATION - HEARING TO ALLOW CITIZEN INPUT AND DISCUSSION
CONCERNING FORMATION OF AN AD HOC COMMITTEE TO STUDY THE NEED FOR
AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER
PAGE 3
El Commissioner Moreno stated as a past Clerk and Recorder he believes in fair representation
of the citizens and he also reviewed some of the history of how the Charter came about. He
agreed that things do change with time and there may be some need for revisions in the Charter;
however, the process would not be rushed to allow a thorough review by a committee.
El Chair Freeman explained changes to the Charter may only be initiated by a petition of five
percent (5%) of the electors or by Resolution of the Board of County Commissioners, and both
are placed on a ballot for the citizens to vote on. He said it makes sense to have a Committee
who would make recommendations to the Board after hearing public input, versus the Board just
acting alone. Regardless of what is recommended, it will be put to the citizens of Weld County to
make the final decision.
Commissioner Kirkmeyer again re -clarified her comments that in 2013-2014, the
Commissioners did a self -performance audit of the Board and of how the County was doing. She
stated part of this current discussion started because there are a few provisions that appear to be
obsolete and need to be reviewed. Additionally, the County Council made comments in a couple
of their public meetings that they were considering disbanding or dissolving, which is not how it
works. She agreed the review process could take 6-8 months, or longer, which will hopefully get
the public engaged in the process. Lastly, she referenced the Charter's Preamble which states:
"in order to avail ourselves of self-determination in County affairs to the fullest extent permissible,"
so hopefully the Committee would have various meetings throughout the County and allow for the
intake of public comment.
Commissioner Conway stated he is not opposed to a review committee; however, he feels
there needs to be more dialogue and he also referenced a September 3, 2016, article in the
Greeley Tribune, marked Exhibit A, which has cast doubt on the intentions of the Board of
Commissioners and he appreciates the clarification that was provided today. He also described
the process for developing the Colorado Blueprint and, similarly, this process should be more
extensive and provide more clarification on the process for gaining additional input on how the
Committee selection process would work. He encouraged continued dialogue from the public in
meetings held throughout the County. He recalled how the Charter Commission was formed 41
years ago because the Board of Commissioners at the time would not move certain changes
forward and the citizens took charge. He stated it may be a great opportunity to allow many more
participants from the 32 municipalities throughout the County and the Board could take
applications, similar to how they do for other boards and commissions. He also asserted that the
public meetings should be conducted in the evening to allow more citizen participation, versus a
meeting held at 10:00 in the morning on a weekday when most people have to work.
Chair Freeman agreed with the need to hear more from citizens; however, he reiterated his
belief that the input should first be heard by the Committee, not the Commissioners.
El Commissioner Cozad agreed the Commissioners should not be guiding the conversation,
rather the committee should hold the public meetings to allow for more candid conversations.
She stated prior to her term as a Commissioner she did attend the public meetings concerning
the proposed 51st State Initiative and the Colorado Blueprint and both of those discussions were
2016-2898
BC0013
HEARING CERTIFICATION - HEARING TO ALLOW CITIZEN INPUT AND DISCUSSION
CONCERNING FORMATION OF AN AD HOC COMMITTEE TO STUDY THE NEED FOR
AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER
PAGE 4
strongly led by the Commissioners; however, they did seek public input at evening and weekend
meetings. She expressed her belief that an unrelated committee may generate more candid
conversation from all viewpoints.
CI Commissioner Conway stated the rooms were packed when they had the 51st State
discussion; however, today there were only five speakers: two said Yes, two said No, and one
was uncertain. He just wants to provide more opportunities for input before deciding on forming
the committee.
CI Commissioner Cozad commented that other forms of communication, such as emails,
letters, and telephone calls are also welcomed; however, it would be her preference that the input
be gathered by a Charter Committee.
Commissioner Kirkmeyer pointed out that all of the regular County meetings are conducted
during the day and she questioned Commissioner Conway's view of their other meetings. She
again referred to the Charter Preamble and stated that her expectation would be for a committee
to take the time to hear from the people and remove the political leaders from the process. She
stated her expectation would be that an independent committee would go out around the County,
take the time to hear from the people and make a self-determination to the fullest extent
permissible, which is consistent with the Charter. She further clarified that in 1975, the
Commissioners did not refuse to put the ballot initiative on the ballot; they were required by a
constitutional provision which required them to do so, whether they were in agreement, or not.
The Charter Commission was elected and they had the statutory and constitutional responsibility
to get it on the ballot and set the election.
CI Commissioner Conway reiterated he is not opposed to the formation of a Charter
Committee; however, he wants to take the time to listen to the residents and respond with
informed answers to their questions concerning the process.
ti Bruce Barker clarified the Charter does not address the use of a Charter Review Committee,
rather, it an ad hoc committee established by the Commissioners to study the Charter, take input
and report back to the Board. In 2001 and 2007, specific direction given to the committee to
consider term limits only. He further stated the Charter authority lies with the Board to determine
what is placed on the ballot.
Chair Freeman thanked everyone for attending. There being no further discussion, the
hearing was adjourned at 11:02 a.m.
2016-2898
BC0013
HEARING CERTIFICATION - HEARING TO ALLOW CITIZEN INPUT AND DISCUSSION
CONCERNING FORMATION OF AN AD HOC COMMITTEE TO STUDY THE NEED FOR
AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER
PAGE 5
This Certification was approved on the 26th day of September, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d , ok
Weld County Clerk to the Board
uty Clerk to the Board
Mike Freeman, Chair
Li? C-----_
Sean P. Conway, Pro -Tern
CUSED DATE OF APPROVAL
rbara Kirkmeyer
Steve Moreno
2016-2898
BC0013
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NOTICE OF PUBLIC HEARING
DOCKET #2016-84
IN RE: TO DISCUSS THE FORMATION OF AN AD HOC COMMITTEE TO STUDY THE
NEED FOR AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER
On September 21, 2016, at 9:00 a.m., the Board of County Commissioners of Weld
County will hold a public hearing to discuss the issue of forming an ad hoc committee to study
the need for amendments to the Weld County Home Rule Charter ("the Charter"). If formed, the
committee would review the Charter to determine if the committee members wish to recommend
amendments. Any recommendation from the committee would be returned to the Board of
County Commissioners for its consideration no later than August 4, 2017. Recommended
amendments would then be voted upon by Weld County qualified electors at the November,
2017, General Election.
The September 21, 2016, 9:00 a.m., public hearing will take place in the Centennial
Hearing Room at the Weld County Administration Building, 1150 O Street, Greeley, Colorado.
The Board will receive public comment on the issue of the formation of the ad hoc Charter study
committee. Written comments to the Board are also welcome and may be received by the Board
at any time at P.O. Box 758, 1150 O Street, Greeley, Colorado 80632.
Persons who desire to participate in the September 21, 2016, 9:00 a.m., public hearing
but are in need of special accommodations are asked to contact the Clerk to the Board's Office at
(970) 400-4225, prior to the day of the hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 13, 2016
PUBLISHED: September 16, 2016, in the Greeley Tribune
2016-2898
`&,OOu3
Affidavit of Publication
NOTICE OF PUBLIC HEARING
DOCKET #2016-84
IN RE: TO DISCUSS THE FORMATION OF AN AD HOC
COMMITTEE TO STUDY THE NEED FOR AMENDMENTS TO
THE WELD COUNTY HOME RULE CHARTER
On September 21, 2016, at 9:00 a.m., the Board of County
Commissioners of Weld County will hold a public hearing to dis-
cuss the issue of forming an ad hoc committee to study the need
for amendments to the Weld County Home Rule Charter ("the
Charter"). If formed, the committee would review the Charter to
determine if the committee members wish to recommend
amendments. Any recommendation from the committee would
be returned to the Board of County Commissioners for its con-
sideration no later than August 4, 2017. Recommended
. amendments would then be voted upon by Weld County quali-
fied electors at the November, 2017. General Election.
The September 21, 2016, 9:00 a.m., public hearing will take
place in the Centennial Hearing Room at the Weld County Ad-
ministration Building, 1150 O Street. Greeley, Colorado. The
Board will receive public comment on the issue of the formation
of the ad hoc Charter study committee. Written comments to the
Board are also welcome and may be received by the Board at
any time at P.O. Box 758, 1150 O Street, Greeley, Colorado
80632.
•
Persons who desire to participate in the September 21, 2016,
9:00 a.m., public hearing but are in need of special accommoda-
tions are asked to contact the Clerk to the Board's Office at (970)
400-4225, prior to the day of the hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED' September 13, 2016
The Tribune
September 16, 2016
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
Sixteenth day of September A.D. 2016 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Sixteenth day of September A.D. 2016 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 16, 2016
Total C)arges:
$12.58
16th day of September 2016
My Commission Expires 2/14/2019
ARTICLE XVII - AMENDMENTS TO CHARTER
Section 17-1. - Procedure to Amend or Repeal Charter.
(1) Action to amend this Charter shall be initiated by:
(a) A petition or petitions signed by at least five percent of the total number of registered electors of
the County; or
(b) A resolution adopted by the Board submitting the proposed amendment or amendments to the
qualified electors.
(2) Action to repeal this 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.
Within thirty days of initiation of a proposed amendment, repeal, or charter convention measure, the
Board shall publish notice of and call an election to be held not less than thirty nor more than one
hundred twenty days after said publication. The text of any proposed amendment shall be published
with said notice.
(4) If the proposal is for a charter commission, the election shall be scheduled at least sixty days after
publication of the notice. The procedure for the forming and functioning of a new charter commission
shall comply as nearly as practicable with provisions relating to formation and functioning of an initial
charter commission.
If a majority of the electors voting thereon vote for a proposed amendment, the amendment shall be
deemed approved. If a majority of the electors voting thereon vote for repeal of the charter, the charter
shall be deemed repealed and the County shall proceed to organize and operate pursuant to the
statutes applicable to statutory counties.
(6) A proposed amendment to the Charter shall be confined to a single subject which shall be clearly
expressed in its title.
No proposal for a charter commission, charter amendment, or repeal of a charter shall be initiated
within twelve months after rejection of a substantially similar proposal. No proceeding contesting the
adoption of a Charter amendment shall be brought unless commenced within one hundred eighty days
after the election adopting the measure.
Section 17-2. - Conflicting Amendments.
(3)
(5)
(7)
If there is any conflict or inconsistency between amendments voted upon at the same election and
more than one of said amendments is adopted, then the amendment receiving the largest number of votes
shall prevail as to such conflict or inconsistency and the adopted amendments receiving the lesser number
of votes shall, if severable, be nevertheless effective except as to the matters of conflict or inconsistency.
Page 1
HISTORY OF AMENDMENTS
1. Article V, Section 2: Effective date - January 1, 1979
2. Article XIV, Section 14-9(5): Effective date - January 1, 1985
3. Article III, Section 3-7, Section 3-11(2), Section 3-14(7): Effective date - July 1, 1990
4. Article VI, Section 6-1: Effective date - July 1, 1990
5. Article VIII, Subsections 8-2(3) and (5): Effective date - July 1, 1990
6. Article V, Section 5-2: Effective date - March 22, 1990
7. Article VI, Section 6-3: Effective date - March 22, 1990
8. Article XIII, Section 13-9, Subsections (2) and (4), Subsections (6), (8) and (9): Effective date -
March 22, 1990
9. Article XVI, Section 16-10(30): Effective date - March 22, 1990
10. Article XVI, Section 16-11: Effective date - November 7, 1990
11. Article VI, Section 6-5(4): Effective Date - November 8, 1994
12. Article XV, Section 15-5: Effective Date - June 13, 1995 (By Special Election)
13. Article II, Section 2-4 Deleted, Article IV, Section 4-2, Article VI, Section 6-1, Article XIII, Section
13-8, Article XVI, Section 16-10, Article XVII, Section 17-1: Effective Date - November 8, 2001;
January 1, 2003 (where stated)
14. Article IV, Section 4-4(B): Effective Date - November 2, 2005
15. Article XIII, Section 13-9: Effective Date - November 7, 2006
16. Article III, Section 3-4, Section 3-15, Article VI, Section 6-4, Article VII, Section 7-4, Article VIII,
Section 8-3, Article X, Section 10-7, Article XIII, Section 13-3, Section 13-7, Section 13-8:
Effective Date - November 6, 2007
17. Article III, Section 3-15, Article IV, Section 4-1, Section 4-2, Section 4-5, Section 4-6, Article XIII,
Section 13-8, Section 13-9, Article XIV, Section 14-2, Section 14-3: Effective Date - November 3,
2009
Page 1
Esther Gesick
From:
Sent:
To:
Subject:
Sean Conway
Thursday, September 22, 2016 7:12 AM
Bruce Barker; Esther Gesick
Fwd: Media FYI: Tribune - Group of Weld County commissioners push plan that could change
role of clerk and recorder, eliminate county council
Bruce - since this article was the subject of much discussion at yesterdays hearing - I would like to make it part of the
record. Meant to do it during hearing, but forgot to do it. Thanks, Sean
Sent from my iPhone
Begin forwarded message:
From: Jennifer Finch <jfinch@co.weld.co.us>
Date: September 6, 2016 at 8:02:54 AM MDT
To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>, Julie Cozad <jcozad@co.weld.co.us>, Mike
Freeman <mfreeman@co.weld.co.us>, Sean Conway <sconway@co.weld.co.us>, Steve Moreno
<smoreno@co.weld.co.us>
Cc: Don Warden <dwarden@co.weld.co.us>, Bruce Barker <bbarker@co.weld.co.us>
Subject: Media FYI: Tribune - Group of Weld County commissioners push plan that could change role
of clerk and recorder, eliminate county council
http://www.greeleytribune.com/news/23732842-113/group-of-weld-county-commissioners-push-plan-
that
Catherine Sweeney
csweeneyAq reeleytribu ne.com
Follow Me
Back to: NEWS
September 2, 2016
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Group of Weld County commissioners
push plan that could change role of
clerk and recorder, eliminate county
council
WHAT'S NEXT?
Weld County officials plan to discuss creating a charter committee during the next regular Board of Weld County
Commissioners meeting, 9 a.m. Wednesday at the county administration building, 1150 O. St.
Some of Weld County's commissioners want to pave the way for residents to call the shots
on whether the clerk and recorder remains an elected position, and whether the county
council should even exist.
1
Three commissioners have discussed organizing a charter committee, which could alter —
or possibly eradicate — the jobs of officials that have caused controversy in the county over
the past few months.
The charter is essentially Weld County's constitution. It lays out overarching and specific
policies, such as the county's balanced budget requirement and each official's role and
duties.
Charter committees raise concerns and make a list of desired changes. The commissioners
get those on the ballot, and the residents decide whether they want to make updates. In this
case, any ballot questions would have to come in 2017 at the earliest.
Weld County officials haven't organized a charter committee in more than 10 years.
"There's actually been a lot of people that have talked to at least me ... about (how) maybe
there's a need to amend the charter," said County Commissioner Julie Cozad.
One of the issues at hand: Weld County Clerk and Recorder Carly Koppes has faced public
complaints from employees, residents and major commercial customers, but two attempts
to audit her office have failed.
"We have intentionally tried to stay out of this as much as we can," said Commissioner
Steve Moreno, the former clerk and recorder.
He has turned down multiple opportunities to publicly comment on the issues in Koppes'
office, but he was one of the commissioners who offered to pay for a performance audit.
"We have reached out to see if we could assist in some way," he said. "Obviously, that was
declined."
Koppes added conditions to the performance review agreement the commissioners emailed
her — including a ban on customer and lower -level employee interviews — and she
accused the board of offering the audit only to make themselves look better, according to
email documents obtained through the Colorado Open Records Act.
Four of the five county commissioners — all except Koppes' uncle by marriage, Sean
Conway — pulled the plug on the offer.
The commissioners only made the offer after the county council — an elected group
designed to act as a watchdog over other elected officials — tried and failed to agree on an
audit.
An employee requested the audit, and in subsequent county council meetings, other
residents made the same request. Although all members — except one who recused
herself — initially voiced support, two members ended up blocking all measures allowing
the audit.
2
The county council meetings during which members discussed the audit were plagued
with tension and hostility. One member resigned because of the conflict, and other
members threatened to disband the board themselves.
With charter changes, these officials' jobs could change, or even disappear.
"There's been a lot of conversation about the county council, and how needed it is," Cozad
said. "If (committee members and voters) think it's important, they'll keep it in. If they don't,
they may look at taking the county council out."
During the last charter update in the early 2000s, the committee and voters approved
updates that changed two positions from elected ones to appointed ones, said Don Warden,
the county's director of administration and finance.
Voters changed the hiring process for the coroner and the treasurer.
They decided forensic pathology was too sophisticated, and that the job should be carried
out by a full-time staff professional, he said. The other became appointed after a treasurer
had to resign amid controversy. One of his staffers was embezzling funds, and he didn't
catch it. He was also running a private business while in office and accused of spending too
much of his time on that task than the one he was elected to handle.
"Right now, the clerk and recorder is an elected position," Cozad said. "The charter
committee could look at that."
Commissioners Cozad and Moreno, along with Commissioner Barbara Kirkmeyer, have had
brief discussions on the matter this week with Warden and County Attorney Bruce Barker,
they said.
The other two commissioners — Conway and Chairman Mike Freeman — have been out of
town.
"We're not doing anything until we all five talk," Moreno said.
Officials believe they'll discuss the matter more Tuesday and then add it to the agenda for
Wednesday's meeting.
Click and Connect!
Jennifer Finch / Communications Director for Weld County
1150 O St. // PO Box 758 // Greeley, CO 80632-0758
Office Phone: 970-336-7203 /! Cell Phone: 970-302-1936 // Fax: 970-336-7233
3
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