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Home My WebLink About751008.tiff 3,P ea.• 4✓ �.1 PREAMBLE ARTICLE I NAME, NATURE, BOUNDARIES, COUNTY SEAT ARTICLE II COUNTY POWERS ARTICLE III COUNTY COMMISSIONERS a ARTICLE IV DEPARTMENTS OF COUNTY GOVERNMENT ARTICLE V DEPARTMENT OF LAW ARTICLE VI ELECTIVE OFFICERS ARTICLE VII COUNTY ASSESSOR A ARTICLE VIII COUNTY CLERK ARTICLE IX COUNTY CORONER ARTICLE X COUNTY SHERIFF ARTICLE XI COUNTY TREASURER ARTICLE XII . COUNTY SURVEYOR ABOLISHED ARTICLE XIII . . . . . . . COUNTY COUNCIL ARTICLE XIV . . . . . FINANCE AND BUDGET ARTICLE XV ELECTIONS ARTICLE XVI GENERAL PROVISIONS ARTICLE XVII AMENDMENTS TO CHARTER ARTICLE XVIII TRANSITIONAL PROVISIONS U 7jr_/605 O 0 i ARTICLE I -- NAME , NATURE , BOUNDARIES , COUNTY SEAT Section 1 Name 2 Nature and Legal Capacity 3 Boundaries 4 County Seat ARTICLE II COUNTY POWERS Section 1 General Powers 2 Exercise of Power 3 Cooperative AGreements 4 Service Districts 5 Construction ARTICLE III -- BOARD OF COUNTY COMMISSIONERS 7 Section 1 Composition 2 Districts 3 Qualifications of Members 4 Terms of Office 5 Chairman of the Board of County Commissioners 6 Commissioner - Departments 7 Clerk to the Board 8 Powers and Duties 9 Compensation 10 Rules of Procedure 11 Meetings 12 Quorum 13 Majority Required 14 Ordinances 15 Vacancies ARTICLE IV -- DEPARTMENTS OF COUNTY GOVERNMENT Section 1 Departments Created 2 Department of Finance , Central Purchasing and Personnel 3 4 Department of Health Services 5 Department of Planning Services 6 Department of Engineering Services 7 Department of Communications Services ARTICLE V -- DEPARTMENT OF LAW • Section 1 County Attorney -- Appointment 2 Qualifications 3 Duties II 4 Special Counsel O C� ARTICLE VI -- ELECTIVE OFFICERS Section 1 Elective Officers 2 Oath of Office 3 Vacancy 4 Term of Office 3 ARTICLE VII -- COUNTY ASSESSOR Section 1 Qualifications 2 3 Bond 4 5 Duties 6 Qualifications of Chief Deputy 7 Administrative Assistant ARTICLE VIII -- COUNTY CLERK Section 1 Qualifications 2 Bond 3 Duties ARTICLE IX -- COUNTY CORONER Section 1 Qualifications 2 Duties ARTICLE X -- Sheriff Section 1 Qualifications 2 Bond 3 Duties 4 Qualifications of Undersheriff 5 Duties of Undersheriff ARTICLE XI -- TREASURER Section 1 Qualifications 2 Bond 3 Duties 4 Qualifications of Chief Deputy ARTICLE XII -- OFFICE OF COUNTY SURVEYOR ABOLISHED Section 1 Office of County Surveyor Abolished 2 Transfer of Duties 3 Existing Property and Records III 0 ARTICLE XIII -- COUNTY COUNCIL Section 1 Composition 2 Qualifications of Members 3 Terms of Office 4 Organization 5 Quorum -- Majority -- Action 6 Compensation 7 - Vacancies Ii 8 Powers and Duties 9 Duties of [ ARTICLE XIV -- FINANCE AND BUDGET Section 1 Fiscal Year 2 Annual Budget 3 Capital Improvements Program and Budget 4 Audits 4 5 Funds 6 Long Term Financing 7 Limitation on Annual Tax Levy 8 Limitation of Capital Expenditures 9 Bidding -- Procedure ARTICLE XV -- ELECTIONS - - Section 1 General Elections 2 Special Elections 3 • Recall 4 Initiative and Referendum ARTICLE XVI -- GENERAL PROVISIONS Section 1 Continuity of Government 2 Eminent Domain 3 Bonding of Officers 4 Invalidity of Part -- Severability 5 Article and Section Titles 6 Public Notice 7 Vacancy 8 Boards -- Composition 9 Definitions ARTICLE XVII -- AMENDMENTS TO CHARTER Section 1 Procedure to Amend or Repeal Charter 2 Charter Review 3 Conflicting Amendments IV O O ARTICLE XVIII -- TRANSITIONAL PROVISIONS Section 1 Purpose of Article 2 Effective Date of Charter 3 Transition of Elective County Offices 4 Elections to Fill New Commissioner Positions 5 Elections to Fill New County Councilman Positions 6 Salaries 7 Prior Legislation and Policies 8 Existing Contracts 9 Continuation of Employment 10 Boards and Commissions • V D 4 PREAMBLE We, the people of Weld County, Colorado, in order to avail ourselves of self-determination in county affairs to the fullest extent permissible under the Constitution and laws of the State of Colorado, and in order to provide uncomplicated, unburdensome government responsive to the people, in the most efficient and effective manner possible., do hereby ordain, establish and adopt this Home Rule Charter for Weld County, Colorado. • VI 0 0 ARTICLE I NAME, NATURE , BOUNDARIES , COUNTY SEAT 1 Section 1-1 -- Name . 2 The name of the county as it operates under this Charter 3 shall continue to be Weld County . 4 5 Section 1-2 -- Nature and Legal Capacity . 6 From the time that this Charter takes effect the county 7 shall continue to be : 8 (1) an agency of the state and 9 (2) a body politic and corporate . 10 11 Section 1-3 -- Boundaries . 12 The boundaries of the county as it operates under this 13 Charter shall be the boundaries now or hereafter prescribed 14 for the county by the laws of the state . 15 16 Section 1-4 -- County Seat. 17 The seat of government of the county as it operates under 18 this Charter shall continue to be in the City of Greeley; provided 19 nothing herein shall prevent the location of county buildings 20 and facilities elsewhere in the county . 21 22 23 24 25 26 -1- 27 28 • O 0 ARTICLE II COUNTY POWERS 1 Section 2-1 -- General Powers . 2 Except as this Charter provides to the contrary , Weld County 3 shall exercise and provide all mandatory and permissive county 4 powers and functions as provided by law and shall have all rights 5 and powers now or hereafter granted or allowed by the laws of the 6 United States and under the Constitution and laws of the State of 7 Colorado for exercise by counties ; in addition thereto it shall be 8 authorized without amendment to this Charter to provide all functions , 9 services , and facilities and to exercise all prerogatives, functions , 10 duties, and powers that may now or hereafter be authorized by the 1 11 Constitution of the State of Colorado and statutes enacted pursuant 12 thereto for home rule counties , it being the intent and purpose of the 13 people in adopting this Charter to vest their county government with 14 all of the prerogatives and powers of local government that are now 15 or in the future shall be available to it . 16 17 Section 2-2 -- Exercise of Power . 18 Administrative powers of the county shall be carried out by 19 the assessor , coroner, county clerk and recorder , sheriff , and 20 treasurer in the areas their offices serve the county . All other 21 administrative powers of the county shall be carried out by the ad- 22 ministrative personnel appointed by the Board and , subject to the 23 applicable rules and regulations prescribed by the Board . 24 25 -2- 26 27 • o O 1 Section 2-3 -- Cooperative Agreements . 2 The county shall have the power to enter into contracts or 3 agreements with other governmental units for joint use of 4 buildings , equipment, and facilities , and for furnishing and receiving 5 commodities or services , including law enforcement services . Such 6 agreements or contracts shall be authorized only by the Board of 7 County Commissioners and executed by the Chairman. 8 9 Section 2-4 -- Service Districts. 10 The county shall have the power, when authorized and permitted 11 by law, to provide functions and services within service districts . 12 Such service districts shall be designated and established by the 13 Board , or otherwise caused to be established under procedures pre- 14 scribed by law. The county shall have the power to charge , levy , 15 and collect such taxes and other revenues as may be authorized or 16 permitted by law within such service districts for the support of 17 district functions and services . 18 19 Section 2-5 -- Construction . 20 In this Charter no mention of a particular power or enumeration 21 of similar powers shall be construed to be exclusive or to restrict 22 the authority that the county would have if the particular power 23 were not mentioned or the similar powers not enumerated. The 24 Charter shall be liberally construed, to the end that , within the 25 limits imposed by the Charter and by the law of the United States 26 and of the state , the county have all powers necessary or convenient 27 for the conduct of its affairs , including all powers that counties 28 may assume under the statutes of the state and under the provisions -3 29 of the state Constitution concerning county home rule . O ARTICLE III BOARD OF COUNTY COMMISSIONERS 1 Section 3-1 -- Composition . 2 The Board of County Commissioners shall consist of five 3 members elected as follows : 4 (1) Three members , each nominated , elected and resid- 5 ing in separate geographic districts as established in section 6 3-2 of this Article . 7 (2 ) Two members , each nominated and elected from the 8 county at large . 9 10 Section 3-2 -- Districts . 11 (1) There are hereby established three geographic commissioner 12 districts numbered district 1 , 2 and 3 which shall , initially, 13 correspond to the three commissioner districts in existence on 14 the effective date of this Charter . 15 (2) The Board shall review the boundaries of the districts when 16 necessary , and then revise and alter the boundaries so that 17 districts are as nearly equal in population as possible . 18 (3) Any change in the boundaries of a county commissioner ' s 19 district which shall cause a duly elected or appointed commissioner 20 to be no longer a resident of the district which he represents [shall] 21 [shall not] disqualify him from holding office during the remainder 22 of the term for which he was elected or appointed . 23 24 25 -4 26 27 s 0 0 1 Section 3-3 -- Qualifications of Members . 2 (1) Commissioners shall be qualified electors of 3 the county. 4 (2 ) Commissioners shall have resided in the county for a con- ; 5 tinuous period of not less than one year immediately preceeding 6 election . 7 (3) Commissioners from districts shall reside within their 8 geographic districts when nominated, elected or appointed and during 9 their terms of office . 10 (4) The office of County Commissioner shall be the primary 11 employment of a commissioner and he shall not be otherwise employed 12 during the term of office for which he is elected or appointed . 13 14 Section 3-4 -- Terms of Office . 15 (1) The terms of office of County Commissioners shall commence 16 on January 1 of the year immediately following the general election 17 at which they are elected and shall be for four years , with 18 terms staggered as follows : Two commissioners , 19 one each from geographic districts numbered one and three 20 and one commissioner elected at large , shall be elected for four 21 year terms at the general election in 1976 and each four (4) years 222 thereafter; and one Commissioner for geographic district number two 23 and one commissioner elected at large shall be elected for a 24 four (4) year term at the general election in 1978 and each four (4 ) 25 years thereafter. -5 0 0 1 (2) The term of office of a commissioner shall continue until 2 his successor is elected and qualified . 3 Section 3-5 -- Chairman of the Board of County Commissioners . 4 (1) The Board, from among its members , shall elect annually at 5 its first meeting in January of each year, a Chairman of the Board . 6 (2) The Chairman shall preside over meetings of the Board, 7 shall carry out the policy of. the Board, and shall have direct respon- 8 sibility for the Department of Finance , Central Purchasing and Personnel . 9 (3) The Board, from among its members , shall elect annually 10 at its first meeting in January of each year, a chairman pro tem , 11 to preside over meetings in the absence of the chairman . 12 13 14 15 16 17 18 19 20 -6 0 0 1 Section. 3-6 --Commissioner - Departments . 2 (1) The department of Finance , Central Purchasing and Personnel 3 shall be the responsibility of the Chairman of the Board of County 4 Commissioners . 5 (2 ) Each of the four major departments , as established by 6 Article , shall be the responsibility of one of the other 7 commissioners together with at least one assistant , who shall be 8 appointed by the Board at its first meeting in January each year. 9 10 Section 3-7 -- Clerk to the Board. 11 (1) The Clerk to the Board shall be the County 12 Clerk . 13 (2) The Clerk shall be custodian of the county seal; shall 14 maintain a journal of Board proceedings , record all motions , resolu- 15 pions , actions of and votes by the Board, shall be the agent of 16 the county for service of process , and shall perform such other 17 duties as are now or may hereafter be prescribed by law for 18 clerks of Boards of County Commissioners or by 19 this Charter . 20 21 Section 3-8 -- Powers and Duties. 22 (1) The Board of County Commissioners shall be the governing 23 body of the county. It shall exercise all the powers and perform all 24 the duties now required or permitted or that may hereafter be re- 25 quired or permitted by state law to be exercised or performed by 26 county commissioners in either home rule or non home rule counties. 27 -7 0- 0 O 1 (2 ) It shall exercise all powers of the county to determine 2 policy and to enact legislation . 3 (3) It shall be responsible for the proper exercise by the 4 county departments and other agencies established by this Charter 5 or by the Board for all executive and administrative powers and ( 6 duties delegated thereto . 7 (4) Without limiting the generality of the foregoing or 8 diminishing the total authority and responsibility of the Board as 9 herein provided, the powers and duties of the Board shall include 10 duties and powers to: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 _8 30 0 Q 1 (a) Perform or provide for the performance of any 2 duties and responsibilities required by statute or the Consti- 3 tution of Colorado of county commissioners in non-home 4 rule counties . 5 (b) Enact legislation including such means of enforce- 6 ment thereof as shall be authorized by law, and otherwise 7 formally promulgate county policy . Unless otherwise required 8 by statute , the Board shall act only by ordinance in matters of 9 legislation, contracts , appropriations , and disposition of real 10 property, and by ordinance , resolution or motion, as may be 11 appropriate , in other matters . 12 (c) Appoint, remove and establish qualifications of 13 department heads , and through them, direct the functions of 14 county offices , departments , divisions and agencies . 15 (d) Appoint and remove the county attorney, pursuant 16 to section of this Charter, and retain such other pro- 17 fessional advisors as may be deemed necessary . 18 (e) Adopt an administrative code . 19 (f) Develope , or cause to be developed, a system of 20 employment policies , rules , job classification and compensation 21 plans in accordance with generally accepted principles and 22 promulgate such policies , rules and plans , under the authority 23 of and in compliance with the provisions of pertinent Colorado 24 and Federal statutes and this Charter. 25 -9 O 1 (g) Initiate suits or actions on behalf of the county . 2 (h) Create such agencies , boards and commissions as the 3 Board may deem necessary or as may be required by state law , and 4 appoint the members thereof . The action creating an agency, 5 board or commission shall also set forth compensation , duties , and 6 responsibilities as well as any qualifications and conditions of 7 service . The Board may designate itself to perform the func- 8 tions and exercise the process of any such board or commission , g unless prohibited by state law or this Charter . 10 (i) Appropriate funds for all lawful purposes ; 11 (j ) Establish and levy taxes , charges , fees and licenses . 12 (k) Regulate , license , and tax utilities to the extent 13 permitted by law. 14 (1) Purchase or otherwise acquire , hold , own , sell , 15 trade , transfer, divide , lease , encumber, or reserve interest 16 in real and personal property, and receive gifts and grants , 17 in the name of the county . 18 (m) Approve and execute , on behalf of the county, lg all contracts . Contracts shall be executed for the Board by 20 the Chairman . 21 (n) Act as a board of appeals to hear complaints on actions 22 taken by county boards , commissions and departments . Procedure 23 for appeals shall be as set forth in the administrative code , 24 or by resolution of the Board . 25 (o) Establish salaries or other compensation for 26 the county attorney, assistant county attornies , 27 and all other county employees , officers or appointees 28 not included within the personnel system. 29 -10 O O 1 (p) Provide for reimbursement of actual expenses of 2 food , travel , and lodging necessary for performance of the 3 duties of a County Commissioner , County Councilman , or a 4 county officer or employee . 5 (q) Authorize multi-jurisdictional performance of 6 duties and functions with other units of government , and , under 7 procedures provided by law, cause the county to be included 8 within such districts consisting of two or more counties 9 or parts thereof as may be authorized or provided by law for 10 the joint performance of county functions or the performance of 11 regional functions . 12 (r) Establish a municipal conference to be called by 13 the Board of County Commissioners not less than three times 14 each year to which all municipal officials shall be invited and 15 appropriate agendas developed in order that mutual problems be 16 considered. 17 (s) Require that all inspections of whatever type made 18 by county officers or employees be made promptly and without 19 unreasonable delay. 20 (t) Perform or exercise , or provide for the performance 21 or exercise of, any or all permissive functions , services , ( 22 facilities and powers that may now or in the future be authorized 23 by law and not specifically mentioned or assigned by this 24 Charter. The Board shall perform or assign any mandatory duty , 25 responsibility or function required of the county by the laws or 26 Constitution of the state , which may have been omitted in this 27 Charter. 28 -11 O O 1 Section 3-9 -- Compensation. 2 (1) Compensation of members of the Board shall be fixed 3 by the County Council . 4 (2) No member ' s compensation shall be increased or decreased 5 during his term of office , except as permitted by law. 6 (3) Until otherwise set, the salary of the members of the 7 Board shall be : Commissioners of districts 1 and 3 , $10 , 000. 00; 8 and Commissioner of district 2 and Commissioners at large , $15 , 000 .00 9 per year. 10 Section 3-10 -- Rules of Procedure . 11 The Board shall adopt rules of procedure governing the time , 12p1ace , and conduct of its meetings and hearings , and the introduction 13 of and action on motions , resolutions and ordinances . The Board may 14 also adopt procedures for requiring attendance of its members . All 15 official meetings shall be open to the public , and no action shall 16 be taken by the Board other than at an official meeting . A record 17 of proceedings shall be taken and preserved , and it shall be a 18 public record. 19 20 Section 3-11 -- Meetings .. 21 (1) Regular meetings shall be held at least weekly on a day or days 22 to be determined by the Board by resolution . 23 (2 ) Special meetings shall be called by the Clerk upon the 24 written request of the Chairman or of any three (3) members of 25 the Board. Each member of the Board shall be provided at least 26 twenty-four hours written notice of such meeting , served personally 27 or left at each members usual place of residence . However , a special 28 meeting called as herein provided may be held on shorter notice if -12 29 all members of the Board are present or have waived notice thereof 30 in writing. A copy of the notice of a special meetina shall be posted © a 1 in a conspicuous place in the offices of the Board at the time such 2 notice is given to members of the Board . No business shall be trans- 3 acted at a special meeting unless the same has been stated in the 4 notice of such meeting . 5 (3) When a regular or special meeting is adjourned or recessed 6 to a time certain , notice of the time and place of the reconvening 7 thereof shall be posted in a prominent place in the offices of 8 the Board. 9 10. Section 3-12 -- Quorum. 11 Three of the members of the Board in office at the time shall 12 be a quorum for the transaction of business , but in the absence 13 of a quorum, a lesser number may adjourn any meeting to a later 14 time or date , and in the absence of all members , the Clerk may 15 adjourn any meeting for not longer than one week . 16 17 Section 3-13 -- Majority Required. 18 Any resolution or ordinance to be adopted, amended , or repealed, 19 shall require concurrence of three of the members of the Board 20 in office at the time . 21 Section 3-14 -- Ordinances . 22 (1) An ordinance may be introduced at any regular meeting 23 by. any member of the Board. Upon introduction it shall be pre- 24 sented and read a first time , and ordered published as a proposed 25 ordinance . An ordinance may be amended on its first presentation 26 27 28 -13 29 0 0 1 only, and shall be published once as a proposed ordinance in a 2 newspaper of general circulation in the County , at least ten (10) 3 days before its final passage , and again when finally adopted; 4 except in case of an emergency ordinance as herein provided. t5 (2 ) Except in case of an emergency ordinance , an ordinance 6 shall become effective five (5) days after its final publication 7 unless a later date is specified in the ordinance . 8 (3) Every ordinance , except a general budget ordinance , a general 1 9 appropriation ordinance , an ordinance adopting a code by references , 10 shall be confined to a single subject which shall be clearly expressed 11 in its title . 12 (4) All ordinances shall be introduced in written or printed 13 form. No ordinance shall be amended by reference to this title only , 14 but the revised sections of the ordinance , as amended, shall be 15 re-enacted and published in full , except as otherwise provided herein 16 for amendments to codes . However, an ordinance or section thereof 17 may be repealed by reference to its title and ordinance or code 18 number only. 19 (5 ) The enacting clause of all ordinances shall be : "Be it 20 ordained by the Board of County Commissioners of Weld County, 21 Colorado. " 22 -14 © O 1 (6) An ordinance which is declared therein to be an 2 emergency ordinance immediately necessary for the preservation of 3 the public peace , health or safety may be enacted by four- 4 fifths vote of the Commissioners at the meeting at which it is 5 introduced without any requirement of prior public notice . An 6 emergency ordinance shall be published forthwith after passage . The 7 effective date of an emergency ordinance shall be the date of its 8 enactment unless a later date is specified in the ordinance . An 9 emergency emergency ordinance shall contain a specific statement 10 of the emergency . 11 (7) The Chairman shall sign and the Clerk shall attest to 12 all ordinances approved by the Board . All ordinances of the County 13 shall be indexed by subject by the Clerk and kept in a book for that 14 purpose which shall be a public record . 15 (8) Standard codes , promulgated by the Federal government, the 16 State of Colorado, or by an agency of either of them, or by any 17 municipality within the State of Colorado, or by recognized trade 18 or professional organizations , or amendments or revisions thereof, 19 may be adopted by reference ; provided the publication of the 20 ordinance adopting any said code shall advise that copies thereof 21 are available for inspection at the office of the clerk of the 22 Board, and provided that any penalty clause in said codes may be 23 adopted only if set forth in full and published in the adopting ordinance . 24 (9) The Board may cause the permanent ordinances to be codified 25 periodically . Such codification may be of the entire body of permanent 26 ordinances or of the ordinances of some particular subject. Such 27 -15 O 1 codificaton may be re-enacted by reference by the Board or may be 2 authenticated in such manner as may be designated by ordinance . No 3 codification ordinance shall be invalid on the grounds that it deals 4 with more than one subject . 5 6 7 8 9. 16 1 Section 3-15 -- Vacancies . 2 (1) A vacancy in the office of County Commissioner shall be 3 filled by appointment by County Council . 4 (2) A vacancy in any other elected office , except Council- 5 man, shall be filled by appointment by the Board. Said appointee 6 shall be of the same political party as that of the previous officer 7 and the appointment shall be effective until the next general election , 8 at which time a person shall be elected for the remainder of the term , 9 if any. / 7• 0 0 Section 3-15 -- Vacancies. (1) A vacancy shall be filled by appointment by County Council . (2 ) A vacancy shall exist when a Commissioner dies , resigns , is removed from office , moves from the district from which elected, is incapacitated , recalled, or is continuously absent without just cause for more than one month. The Board, based upon com- petent evidence , shall determine when a vacancy exists . The Com- missioner whose position is the subject of inquiry under this sec- tion shall be disqualified from participation in the Board ' s delibera- tions upon the question of vacancy but may present evidence bearing upon the subject of inquiry. -17 0 0 1 ARTICLE IV 2 DEPARTMENTS OF COUNTY GOVERNMENT 3 Section 4 - 1 -- Departments Created 4 (1) There are hereby created the Department of Finance, 5 Central Purchasing, and Personnel , the Department of Health Ser- 6 vices , the Department of Planning Services , the Department of 7 Engineering Services , and the Department of Communications Services . 8 (2) The Chairman of the Board of County Commissioners 9 shall be responsible for the department of Finance , Central Purchasing, 10 and Personnel . 11 (3 ) Each of the other departments shall be the responsibility 12 of one of the other Commissioners . 13 (4) Each department may be administered by a director, 14 appointed by the Board of County Commissioners , and subject to 15 the immediate coordinator of the Commissioner 16 responsible for the Department . Each director shall be responsible 18 within his department , subject to the approval of the Board 19 and the regulations of the personnal system, for the appointment, 20 promotion , discipline and discharge of employees of that department . 21 Responsibility for coordinating the departments of Health Services , 22 Planning Services , Engineering Services , and Communication Services 23 shall be rotated annually so that no commissioner is coordinator of 24 a department for more than one consecutive year . 25 (5) Each department may be divided into as many divisions 26 as the Board of County Commissioners may determine to be necessary 27 or desireable . Each division may be headed by one person responsi- 28 ble directly to the department director . -18 29 30 0 0 1 (6) Nothing herein shall prevent the appointment of one 2 person as director of more than one department , or one person 3 as head of more than one division . 4 (8) Nothing herein shall apply to the Department of Law. 5 (9) The Board shall organize and may re-organize the departments 6 established by this Charter , and assign or re-assign functions and 7 duties between departments and divisions , and may create additional 8 divisions . g (9) In case of re-organization or reassignment , there shall 10not be more than five departments at any time (not including the 11Department of Law) including the Department of Finance , Central 12Purchasing, and Personnel . -19 F 0 0 1 Section 4 -2 -- Department of Finance , Central Purchasing , and 2 Personnel . 3 (A) The Division of Finance and Central Purchasing shall : 4 (1) Prepare a recommended budget for the next fiscal year 5 and submit it to the Board by such date as the Board shall direct . 6 Such budget shall include recommended operating expenses , capital 7 expenditures , and revenue sources for all departments and units 8 of the county government, and any other information deemed necessary . 9 (2 ) Prepare monthly financing statements and budget and 10 appropriation reports as directed . 11 (3) Assist the Board in preparation and administration of 12 the budget and in preparation of appropriation ordinances . 13 (4 ) Establish, maintain and operate the central purchasing 14 office for the county. Responsibilities of the purchasing 15 office shall include the purchase , storage and distribution of 16 supplies , materials, property and equipment pursuant to 17 policies and procedures established by the Board iand in accord- 18 ance with this Charter and the laws of the state . 19 (5) Exercise such additional powers and perform such 20 additional functions and duties as may be required by the Board. 21 (6) The division of Finance and Central Purchasing shall 22 be under the direction of a Finance officer whose duties shall 23 include the following : 24 { 25 -20 Q O 1 (a) The County Finance Officer shall on behalf of the 2 Board of County Commissioners act as Chief Accounting Officer 3 of the County and manage , supervise , coordinate and direct 4 the activities of the Department of Finance and Central Purchas- 5 ing. He shall be responsible to the Board of Commissioners for 6 the proper execution , administration and functioning of the affairs 7 of the above described departments of Weld County, including the 8 performance by the respective departments and officers of those 9 functions , duties and services permitted or required by this 10 charter. 11 (b) Cause the policies adopted or approved by the 12 Board of County Commissioners to be implemented in those depart- 13 ments as reuqired by the Board of County Commissioners and insure 14 that the activities of those departments are consistent with the 15 policies determined and set by the Board of County Commissioners . 16 (c) Supervise and direct the preparation of the budget . 17 (d) Exercise control over purchases and expenditures and keep 18 the Board of County Commissioners advised of the financial condi- 19 tion and future needs of the County . it 20 (e) Appoint and remove , subject to the approval of the 21 Board of County Commissioners , all personnel working in the 22 departments subject to the jurisdiction of the Finance Officer. -21 p C) 1 (B) The Division of Personnel shall : 2 (1) Assist the Board in the preparation of a system of employ- ] 3 ment policies , rules , job classification and compensation plans in 4 accordance with generally accepted personnel principles . 5 (2) Such system shall include at least the following: 6 (a) Employment and promotion in the county government 7 shall be made upon the basis of ability, education , training , 8 and experience necessary to carry out the duties and responsi- 9 bilities of the work to be performed . 10 (b) Classification and compensation according to 11 duties and responsibilities pursuant to adoption of a classifica- i 12 tion and pay plan which shall from time to time be reviewed and 13 amended by the Board as necessary. 14 (c) Standards of employment based on conduct and per- 15 formance of work and the procedures for creating and abolishing 16 positions . 17 (d) Dismissal , disciplinary and employee grievance pro- 18 cedures . 19 (e) Conflict of interest : No employee of the Central Purchasinc 20 division shall be employed by, or have any interest in , any company 21 which sells , contracts , or does a major share of its business with 22 Weld County. No employee shall accept gifts , gratuities , or services 23 for any company which sells , contracts or does business with Weld 24 County . 25 (f) Employment of Relatives : An appointing 26 authority may not employ or request the employment of any person 27 who is related to him by law or kinship ; to include spouses , parents , 28 -22 © O 1 children, brothers , or sisters. 2 (g) Politics : No employee shall , during working hours , engage 3 in any political activicy. Any person employed with the county, 4 except an elected official , who seeks election to a partisian public 5 office , shall request a leave of absence , without pay, immediately 6 after announcement of his candidacy . 7 (h) Work Hours : The official hours of all Weld County 8 Departments shall be established in the rules and regulations . 9 All employees will observe a regular work week as specified 10 above , unless otherwise authorized by the Personnel Department , , 11 and except for observance of specified holidays . 12 (i) Compliance with Federal and State Law: The per- 13 sonnel system shall comply with the provisions of 14 pertinent Colorado and Federal statutes . 15 (3) The personnel policies, rules and regulations may be 16 amended by the Board. 17 (4) The Board of County Commissioners shall is implement a personnel system which shall be- 19 come effective no later than twelve (12) months from the effective 20 date of this Charter. -23 0 0 1 (5) No County employee shall lose any vested retirement bene- 2 fits by reason of any change in retirement plans . 3 (6) Elected officials shall have direct authority over the 4 employees in their respective offices pursuant to the County 5 Personnel policies , rules , regulations , job classification and 6 compensation plans . 7 (7) All employees of the County shall be included within 8 the provisions of the personnel system, except elective officers , 9 temporary employees , advisors and consultants retained by contract, 10 the County Attorney and Assistant County Attorneys , employees of 11 Weld County General Hospital, employees of the Weld County Depart- 12 ment of Social Services and except as otherwise required by law. 13 (8) The Board of County Commissioners shall appoint an appeals 14 board to which an employee may appeal his dismissal, suspension , demo- 15 tion, or other grievance . 16 (a) The number of members , term, and qualifications of the 17 appeals board shall be set forth by the personnel policies , rules 18 and regulations . 19 (b) The procedures for appeal shall be outlined in the 20 personnel policies , rules and regulations . 21 (c) The department of finance , central purchasing and per- 22 sonnel shall contain such other divisions as may from time to time 23 be established by the Board, and shall perform such functions 24 and duties as may from time to time be assigned or re-assigned 25 to it. 26 27 -24 0 0 1 Section 4 - 3 -- Department of Health Services . 2 (A) Division of Public Health . 3 (1) The Director of Health Services shall be appointed by 4 the Board upon consultation with the Board of Health. 5 (2) The Director of Heath Services shall : 6 (a) Have all powers and duties now provided or as here- I 7 after provided by state law for health departments in Colorado . 8 (b) Direct supervision of the Environmental Health Ser- 9 vices . 10 (c) Cooperate and work jointly with the Commissioner assigned 11 to the Department of Health Services on all county health rela- 12 ted activities . 13 (d) Make recommendations to the Board for the purpose of 14 helping to eliminate and avoid the duplication of services 15 in county health related areas . 16 (e) Evaluate all regional health programs that affect 17 Weld County . 18 (f) Cooperate with the Commissioner assigned to the Depart- 19 ment of Health Services , in order to plan, cooperate and con- 20 tract with other county health agencies so that all programs 21 benefit from the combined use of facilities and staff . 22 (g) Work cooperatively with regional , state and federal 23 authorities relating to public health programs in Weld County . 24 (h) Report at least annually to the Board on all matters 25 set forth above . 26 (i) Perform such functions and duties as the Board shall 27 direct. 28 -25 0 0 1 (3) The Board of County Commissioners shall appoint a 2 Board of Health consisting of nine persons . Such board shall 3 be chosen as follows : 4 (a) The Board of County Commissioners shall determine 5 six geographic areas and appoint one member from each of the 6 geographic areas . Each member shall reside within the geographic 7 area for which he is appointed at the time of his appointment 8 and during his term. 9 (b) Three members shall be appointed from the county at 10 large . 11 (c) The geographic boundaries may be adjusted from time 12 to time by the Board of County Commissioners . 13 (d) The term of office shall be for three years , said 14 terms to be staggered so that two members from geographic areas 15 and one member at large are appointed each year . The Board of 16 Commissioners shall make the initial appointments for one , two 17 and three years , in order to initiate the staggered terms . No 18 person shall serve more than two consecutive terms as a member. 19 20 -26 Y O 1 (4) The Board of Health shall adopt by-laws which shall 2 state the purposes of the Board and shall at least: 3 (a) Provide for the selection of its officers , and for 4 appointment of standing and special committees necessary to effect 5 the discharge of its responsibilities . 6 (b) Provide for the adoption of a schedule of 7 meetings and attendance requirements . 8 (c) Require that minutes be kept of the Board of Health 9 deliberations and decisions . 10 (d) Require five members constitute a quorum. 11 (e) Provide for studying county health programs and 12 direct their implementation in cooperation with the the Director 13 of Health Services and the Board of County Commissioners . 14 (B) Hospital Division. 15 The Administration of the Weld County General Hospital 16 shall remain as now provided by law and by the rules and regulations 17 of the Board. 18 (C) Other Divisions . 19 The department of Health Services shall contain such other 20 divisions as may from time to time be established by the Board , 21 and shall perform such functions and duties as may from time to 22 time be assigned or reassigned to it . 23 -27 O. 1 Section 4 - 4 -- Department of Planning Services . 2 (A) Division of Planning and Zoning . 3 (1) The Director of Planning Services shall be appointed by 4 the Board upon consultation with the Planning Commission . 5 (2 ) The director of planning services shall : 6 (a) Be responsible for the coordination of the Planning , 7 Zoning and Inspection Divisions . 8 (b) Perform such functions and duties as the Board shall 9 direct . 10 (3) The Board of County Commissioners shall appoint a Planning 11 Commission consisting of nine persons . Such commission shall be 12 chosen as follows : 13 (a) The Board of County Commissioners shall determine 14 six geographic areas and appoint one member from each of the 15 geographic areas . Each member shall reside within the geographic 16 area for which he is appointed at the time of his appointment 17 and during his term. 18 (b) Three members shall be appointed from the county at 19 large . 20 (c) The geographic boundaries may be adjusted from time 21 to time by the Board of County Commissioners . 22 (d) The term of office shall be for three years , said 23 terms to be staggered so that two members from each geographic area 24 and one member at large are appointed each year . The Board of 25 County Commissioners shall make the initial appointments for 26 one , two and three years , in order to initiate the staggered 27 term. No person shall serve more than two consecutive terms 28 as a member. -28 29 O 1 (4) The Planning Commission shall perform such functions 2 and duties as shall be provided by law and as shall be provided for 3 by the Board. 4 (5 ) The Planning Commission shall adopt by-laws which shall 5 state the purposes of the Commission and shall at least : 6 (a) Provide for the selection of its officers, and for 7 appointment of standing and special committees necessary to 8 effect the discharge of its responsibilities . 9 (b) Provide for the adoption of a schedule of meetings , 10 including at least one meeting per month, and attendance re- 11 quirements. 12 (c) Require that minutes be kept o£ the Planning Commission 13 deliberations and decisions . 14 (d) Require five members to constitute a quorum. 15 (B) Board of Adjustment. 16 The Board of Adjustments shall consist of nine members , { 17 appointed in the same manner and for the same terms as the Planing 18 Commission. The Board of Adjustments will perform such functions 19 and duties as are provided by law. 20 (C) The Department of Planning Services shall contain such 21 other divisions as may from time to time be established by' the } 22 Board, and shall perform such functions and duties as may from 23 time to time be assigned or reassigned to it. 24 -29 ® O 1 Section 4 -5 -- Department of, Engineering Services . 2 (1) The Board of County Commissioners shall appoint the 3 director of the Department of Engineering who may be known as 4 the County Engineer. 5 (2 ) The County Engineer shall exercise all of the powers and 6 perform all the acts and duties now required or that may here- 7 after be required by state law to be exercised by performed by. 8 the County Surveyor. 9 (3) The County Engineer shall perform such functions and duties 10 as the Board shall direct. 11 (4) The department of Engineering shall contain such divi- 12 sions as may from time to time be established by the Board , and shall 13 perform such functions and duties as may from time to time be 14 assigned or reassigned to it . 15 16 17 18 19 g3 -3C O 1 Section 4 -6 -- Department of Communications Services . 2 (1) The Board of County Commissioners shall appoint the 3 director of the Department of Communications Services . 4 (2) The Director of Communications Services shall perform 5 such functions and duties as the Board shall direct . 6 (3) The Department of Communications Services shall contain 7 such divisions as may from time to time be established by the 8 Board, and shall perform such functions and duties as may from time 9 to time be assigned or reassigned to it . 10 11 12 13 14 -31 0 0 ARTICLE V 2 DEPARTMENT OF LAW 3 Section 5 - 1 -- County Attorney -- Appointment . 4 There shall be a Department of Law, the Director of which 5 shall be known as the County Attorney. He shall be appointed 6 by the Board for an indefinite term and his employment may be 7 terminated by majority vote of the Board . The County Attorney 8 shall devote full time to this office and shall not otherwise be g employed. 10 11 Section 5 -. 2 -- Qualifications . 12 The County Attorney shall be a resident of the County of Weld 13 and a duly licensed attorney for the State of Colorado for at least 14 five (5 ) years immediately prior to his appointment , and shall have I15 been actively engaged in the practice of law during such five years . 16 17 Section 5 - 3 -- Duties . 18 (1 ) The Department of Law shall exercise all legal and 19 administrative functions on the County government assigned by 20 law or the Board to the County Attorney. 21 (2 ) The County Attorney shall act as legal advisor for the 22 Board and all departments of county government . 23 (3) The County Attorney shall , upon request of elective county 24 officers , issue formal written opinions on questions of law, which 25 shall be maintained by the County as public documents . 26 27 -3; O 0 1 (4) When directed by the Board, the County Attorney shall 2 represent the County and County Officers in suits , actions and other 3 legal proceedings . 4 (5) In the event of conflict between the Board and any other 1 5 county officer, such county officer shall be represented by the 1 6 Weld County District Attorney. 7 8 Section 5 - 4 -- Special Counsel . g The Board may appoint special counsel for the purpose of 10 making investigations and representing the County in suits by and 1 11 against the county, its officers, or its agencies . Employment 12 of special counsel shall be by written contract which shall set 13 forth the purpose and terms of employment and compensation therefore . 14 15 -3: 0 0 1 ARTICLE VI 2 ELECTIVE OFFICERS 3 Section 6 -1 -- Elective Officers . 4 The Elective Officers of the County of Weld, Colorado, shall 5 be five County Commissioners ; five County Councilmen ; one County 6 Clerk , who shall be Clerk of the Board of County 7 Commissioners ; one County Sheriff; one County Coroner; one County 8 Treasurer; and one County Assessor. The salary or compensation , g term of office and qualifications of such officers shall be as pro- 10 vided in this Charter . 11 12 Section 6 - 2 -- Oath of Office. 13 Before entering upon the duties of his office , every officer 14 designated by this Charter shall take , subscribe , and file with 15 the County Clerk , an oath or affirmation that he will support the 16 Constitution of the United States , the Constitution of the State 17 of Colorado , this Charter and the Ordinances of the County of Weld, 18 Colorado, and will faithfully perform the duties of this office . 19 20 Section 6 - 3 -- Vacancy . 21 Vacancies in elective offices shall be filed by the Council 22 as provided by this Charter. 23 24 Section - 4 -- Term of Office . 25 (1) The term of office of all elected offices shall commence 26 on January 1 of the year immediately following the general election 27 at which he is elected and shall be for four years . 28 (2 ) The term of office of all elected offices shall continue -3 29 until a successor is elected and qualified. 0 0 1 ARTICLE VII 2 COUNTY ASSESSOR 3 Section 7 - 1 -- Qualifications . 4 (1 ) The County Assessor shall be a qualified elector of the 5 county . 6 (2 ) The County Assessor shall have resided in the county for 7 a consecutive period of not less than one year immediately preceed- 8 ing election . • 9 (3) The office of County Assessor shall be the primary employ- 10 ment of the County Assessor and he shall not otherwise be employed 11 during the term of office for which he is elected or appointed . 12 Section 7 - 3 -- Bond. 13 The County Assessor shall execute to the people of the State 14 of Colorado, and file in the office of the County Cleric, a bond, as 15 provided by this Charter and approved by the Board . The sureties shall 16 be responsible for the acts of the County Assessor and his deputies . 17 18 19 ft { -3 C O 1 Section 7 - 5 -- Duties . 2 ( 1) The County Assessor shall appoint a chief deputy to act 3 in his absence , disability , or in case of a vacancy in the office , a 4 and such chief deputy shall perform all the duties of County ': 5 Assessor during such absence or until such vacancy shall be filled , r • 6 and shall appoint an administrative assistant. 1 7 (2 ) The County Assessor may appoint such other deputies as 8 may be necessary or required to carry out the duties of the office . 9 (3) The County Assessor shall exercise all of the powers 10 and perform all the acts and duties now required or that may here- ] 11 after be required by state law to be exercised or performed by the 12 County Assessor. • 13 (4) The County Assessor may exercise those discretionary county 14 functions and powers , and provide such services and facilities as 15 may be authorized by law. 16 17 Section 7 - 6 -- Qualifications of Chief Deputy . 18 The Chief Deputy shall be the Chief Deputy Appraiser and shall 19 have attended and passed the Colorado Tax Assessor ' s School , or an 20 equivalent thereof, and shall have had a minimum of five years 21 experience in appraisal work. 1 22 23 Section 7 - 7 -- Administrative Assistant. 24 The Administrative Assistant shall have attended and passed 25 the Colorado Tax Assessor ' s school , or an equivalent thereof, and 26 shall have had a minimum of five years experience in reading and 27 platting, legal descriptions , the application of the mill levy to 28 property assessment, and the application of the assessment rolls 29 to the computer. 30 © O ARTICLE VIII COUNTY CLERK 1- Section 8 - 1 -- Qualifications . 2 (1) The County Clerk shall have been a qualified elector and have 3 resided in the county for a consecutive period of not less than 4 three years immediately preceeding election . 5 (2 ) The office of County Clerk shall be the primary employment 6 of the County Clerk and he shall not otherwise be employed during 7 the term of office for which he is elected or appointed . 8 9 Section 8 - 2 -- Bond . 10 The County Clerk shall execute to the people of the State 11 of. Colorado, and file in the office of the County Clerk , a 12 bond, as provided by this Charter and approved by the Board . The 13 sureties shall be responsible for the acts of the County Clerk 14 and his deputies . 15 16 17 18 19 -3; 0 0 1 Section 8 - 3 -- Duties. 2 (1) The County Clerk shall appoint a chief deputy to 3 act in his absence , disability , or in case of a vacancy in 4 the office , and such Chief Deputy shall perform all the duties 5 of County Clerk during such absence or until such vacancy shall 6 be filled . 7 (2) The County Clerk may appoint such other deputies as 8 may be necessary or required to carry out the duties of the 9 office . 10 (3) The County Clerk shall be the Clerk to the Board of 11 County Commissioners as provided by Article III , Section 3-7 . 12 (4) The County Clerk shall exercise all of the powers and 13 perform all the acts and duties now required or that may hereafter 14 be required by state law to be exercised or performed by the 15 County Clerk . 16 (5 ) The County Clerk may exercise those discretionary 17' county functions and powers , and provide such services and facilities 18 as may be authorized by law, for County Clerks . 19 -3 } ARTICLE IX COUNTY CORONER ( 1 Section 9 - 1 -- Qualifications . 2 The County Coroner shall have been a qualified elector and have 3 resided in the county for a consecutive period of not less than three 4 years immediately preceeding election . 5 6 Section 9 - 2 -- Duties . 7 (1) The County Coroner shall appoint a chief deputy to 8 act in his absence , disability , or in case of a vacancy in the 9 office , and such chief deputy shall perform all the duties of 10County Coroner during such absence or until such vacancy be filled . 11 12 -3 O 1 (2 ) The County Coroner may appoint such other deputies as 2 may be necessary or required to carry out the duties of the office . 3 (3) The County Coroner shall exercise all of the powers and perform 4 all the acts and duties now required or that may hereafter be required 5 by state law to be exercised or performed by the County Coroner. 6 (4) The County Coroner may exercise those discretionary 7 county functions and powers , and provide such services and facilities 8 as may be authorized by law, for County Coroners . 9 10 11 1 -4 O ARTICLE X COUNTY SHERIFF 1 Section 10 - 1 -- Qualifications . 2 (1) The County Sheriff shall have been a qualified elector and 3 have resided in the County for a consecutive period of not less than 4 one year immediately preceding his election. 5 (2 ) The County Sheriff shall be a graduate of a certified law 6 enforcement academy or institution requiring at least 180 credit hours 7 for graduation; or have had a minimum of five years experience as an 8 administrator in law enforcement at the rank of Sergeant, or above . 9 (3) The office of County Sheriff shall be the primary employment 10 of the County Sheriff and he shall not otherwise be employeddduring 11 the term of office for which he is elected or appointed. 12 13 Section 10 - 2 -- Bond. 14 The County Sheriff shall execute to the people of the State 15 of Colorado, and file in the office of the County Clerk , a bond, as 16 provided by this Charter and approved by the Board . The sureties 17 shall be responsible for the acts of the County Sheriff , the Under- 18 sheriff, and his deputies . 19 20 -4 O O 1 Section 10 - 3 -- Duties. 2 (1) The County Sheriff shall appoint an Undersheriff, who 3 shall also be a general deputy, to serve during the pleasure of 4 the Sheriff . 5 (2 ) The County Sheriff may appoint such other deputies as may 6 be necessary or required to carry out the duties of the office . 7 (3) The County Sheriff shall exercise all of the powers and 8 perform all the acts and duties now required or that may hereafter 9 . be required by state law to be exercised or performed by the 10 County Sheriff. 11 (4) The County Sheriff may exercise those discretionary county 12 functions and powers , and provide such services and facilities as 13 may be authorized by law. 14 (5 ) The County Sheriff shall provide such law enforcement 15 services to incorporated municipalities as may be provided for by 16 contract between the Board and a municipality . 17 18 19 -4 a © 1 Section 10 - 4 -- Qualifications of Undersheriff . 2 (1) The undersheriff shall have an Associate of Arts Degree , 3 or its equivalent , in Police Science , Police Administration , or in 4 some related field . 5 (2 ) The Undersheriff shall have had at least five years law 6 enforcement experience including substantial administrative and 7 personnel experience . 8 (3) The Sheriff shall determine the above qualifications of 9 the Undersheriff . 10 11 Section 10 - 7 -- Duties of Undersheriff. 12 (1) In case of the absence , disability , or in event of a 13 vacancy in the office of County Sheriff , the Undersheriff shall per- 14 form all the duties of County Sheriff during such absence or until 15 such vacancy shall be filled.. 16 (2) The Undersheriff shall perform such other duties as may 17 be directed by the County Sheriff . 18 19 -4- ammiwa 1 Section 10-8 -- Jailer -- County not Furnish Residence . 2 The County shall not be required to furnish the Sheriff, as 3 keeper of the jail, nor any deputy appointed for that purpose , with 4 living quarters in the jail. This shall not relieve the sheriff of 5 his duty to safely keep all prisoners committed to his custody 6 according to law. 7 -4 O O ARTICLE XI COUNTY TREASURER 1 Section 11 - 1 -- Qualifications . 2 (1) The County Treasurer shall have been a qualified elector 3 and have resided in the county for a consecutive period of not less 4 than one year immediately preceeding election . 5 (2) The office of County Treasurer shall be the primary em- 6 ployment of the County Treasurer and he shall not otherwise be 7 employed during the term of office for which he is elected or appointed . 8 9 Section 11 - 2 -- Bond. 10 The County Treasurer shall execute to the people of the state llof Colorado, and file in the office of the County Clerk, a bond, 12as provided by. this Charter and approved by the Board . The 13sureties shall be responsible for the acts of the County Treasurer 14 and his deputies . -45 O O 1 Section 11 - 5 -- Duties . 2 (1) The County Treasurer shall appoint a chief deputy to 3 act in his absence , disability , or in case of a vacancy in the 4 office , and such Chief Deputy shall perform all the duties of 5 County Treasurer during such absence or until such vacancy 6 shall be filled. 7 (2 ) The County Treasurer may appoint such other deputies 8 as may be necessary or required to carry out the duties of the 9 office . 10 (3 ) The County Treasurer shall exercise all of the 11 powers and perform all the acts and duties now required or that 12 may hereafter be required by state law to be exercised or per- 13 formed by the County Treasurer. 14 (4) The County Treasurer may exercise those discretionary 15 county functions and powers , and provide such services and 16 facilities as may be authorized by law. 17 18 Section 11 - 6 -- Qualifications of Chief Deputy . 19 The Chief Deputy shall have had a minimum of five years invest- 20 ment experience in handling investments , equivalent to the monies 21 handled in the office of the County Treasurer. 22 -46 O 1 Section 11-7 -- Investment of Funds 2 (1) The County Treasurer shall , with prudence , deposit avail- 3 able funds in accordance with the statutes of the State of Colorado, 4 giving preference to Weld County financial institutions . 5 (2) All interest from County funds shall become a part of 6 the general fund, except that interest from particular funds may , 7 by resolution of the Board, be retained in such fund. 8 9 10 -47 O 1 ARTICLE XII 2 OFFICE OF COUNTY SURVEYOR ABOLISHED• 3 Section 12 - 1 -- Office of County Surveyor Abolished . 4 Upon adoption of this Charter by the voters of Weld County 5 the office of County Surveyor shall be abolished, effective 6 January 1 , 1976 . 7 8 Section -12- 2 -- Transfer of Duties . 9• The County Engineer shall exercise all of the powers and • . 10 perform all the acts and duties now required or that may here- ! 11 after be required by state law to be exercised or performed by 12 the County Surveyor. 13 14 Section 12 - 3 -- Existing Property and Records . 15 All property, records , equipment and supplies of the office 16 of County Surveyor, wherever located, existing when this Charter 17 becomes effective , shall be transferred to the County Engineer , 18 or shall be transferred as directed by the Board. -48 0 • 0 ARTICLE XIII COUNTY COUNCIL 1 Sectionl3 .- 1- Composition . 2 The County Council shall consist of five members elected as 3 follows : 4 (1) Three members , each nominated, elected and residing 5 in separate geographic districts as established in Article III , 6 Section 3-2 of this Charter. 7 (2 ) Two members , each nominated and elected from the county 8 at large . 9 10 Section13-2 -- Qualifications of Members . 11 (1) Councilmen shall be qualified electors of the county . 12 (2 ) Councilmen shall have resided in the county for a con- 13 tinuous period of not less than one year immediately preceeding 14 election . 15 (3) Councilmen from districts shall reside within their geographic 16 districts when nominated , elected or appointed and during their terms 17 of office . 18 (4) Councilmen shall not hold any other county elective office 19 and shall not be a county employee . 20 21 Section 13 -3 -- Terms of Office . 22 (1) The terms of office of County Councilmen shall commence 23 on January 1 of the year immediately following the general election 24 at which they are elected and shall be for four years , with terms 25 staggered as follows : One councilman , from geographic district 26 numbered two and one councilman elected at large , shall be elected -49 1 for four year terms at the general election in 1978 and each four 2 years thereafter; and two councilmen , one each from geographic 3 districts numbered one and three and one councilman elected at j 4 large shall be elected for a four year term at the general election 5 in 1978 and each four years thereafter . 6 (2) The term of office of a councilman shall continue until 7 his successor is elected and qualified . 8 9 Section 13 -4 -- Organization . 10 (1) At its first meeting in January each year the Council 11 shall elect, from among its members , a President , who shall pre- 12 side over its meetings , and a Vice-President , who shall preside 13 in absence of the President . 14 (2) The Council shall adopt rules of procedure governing the 15 time , place and conduct of its meetings and hearings , and the 16 introduction of and action on motions and resolutions . The Council 17 may also adopt procedures for requiring attendance of its members . 18 All official meetings shall be open to the public , and no action 19 shall be taken by the Council other than at an official meeting . A 20 record of proceedings shall be taken and preserved , and it shall be 21 a public record. 22 (3) Regular meetings shall be held at least monthly on a 23 day or days to be determined by the Council by resolution . Special 24 meetings may be called by the President . A copy of the notice of 25 a meeting shall be posted in a conspicuous place in the offices of 26 the Board of County Commissioners at the time such notice is given 27 to members of the Council . 28 -50 O O 1 Section 13-5 -- Ouorum -- Majority -- Action . 2 (1) Three of the members of the Council in office at the time 3 shall be a quorum for the transaction of business , but in the absence 4 of a quorum, a lesser number may adjourn any meeting to a later time 5 or date , and in the absence of all other members the President may 6 adjourn any meeting for not longer than one week . 7 (2) Any resolution to be adopted, amended, or repealed , or any g other action of the Council shall require concurrence of three of g the members of the Council in office at the time . 10 (3) All official action taken by the Council shall be announced 11 by the President or, in his absence , by the Vice-President, and 11 all official communications of the Council whether oral or written , 13 shall be made by the President or, in his absence , by the Vice- 14 President . -51 p O 1 Section 13 - 6 -- Compensation . 2 A Councilman shall receive no compensation for his services , I 3 but shall be reimbursed for actual and necessary expenses incurred 4 in the performance of his official duties . 5 9 6 Section 13 - 7 -- Vacancies . I7 (1) A vacancy shall be filled by appointment by the remain- 8 ing members of the Council . 9 (2 ) A vacancy shall exist when a Councilman dies , resigns , 10 is removed from office , moves from the district from which elected, 11 is incapacitated , recalled, or becomes a candidate for a county 12 elected office or an employee of the county. 13 14 Section 13- 8 -- Powers and Duties . 15 (1) The Council shall set the salaries of all elected 16 officials . In the case of the Board of County Commissioners , the 17 effective date of any change in salary may be delayed so as to 18 provide for equal compensation for all commissioners at all times . 19 (2 ) The Council may employ a secretary and such other 20 employees , permanent and temporary , as it may require , pursuant 21 to the County Personnel policies , rules , regulations , job classi- 22 fication, and compensation plans . 23 (3) A vacancy in any elective office shall be filled by 24 appointment by the Council . Said appointee shall be of the 25 same political party as that of the previous officer, and the 26 -52 0 0 1 appointment shall be effective until the next general election , 2 at which time a person shall be elected for the remainder of the i 3 term, if any. 4 (4) In the event a valid petition for recall is presented 5 as provided in Article , the Council may suspend the officer 6 being recalled , with pay , pending the recall election . In the 7 event the Council suspends such officer , the Council may appoint 8 some qualified person to perform the duties of the office pending 9 the recall election . In the event the officer is not recalled, 10 he shall be immediately reinstated . 11 (5) In the event an elected official is formally charged. or 12 indicted for the commission of a crime , the Council may suspend 13 such officer, with or without pay, pending prosecution of the 14 offense . If an elected officer is found guilty of any crime by a 15 court or jury, the Council shall immediately suspend such officer 16 without pay until his conviction shall become final and he has 17 exhausted, or by failure to assert them, has waived all rights to 18 new trial and all rights of appeal . At the time such officer ' s 19 conviction is final , the office shall be vacant and the vacancy 20 filled as herein provided . j 21 Should the officer be suspended from office by the Council , I22 as provided in this section , be found not guilty in a state or 23 federal court, either on appeal , original trial, or new trial , the 24 Council shall forthwith reinstate such officer and he shall receive 25 his back pay , unless , during such period of suspension , a successor 26 to such suspended officer has been duly elected and qualified. 27 In the event a successor to such suspended officer has been so 28 -53 29 O 1 elected and qualified, such suspended officer shall receive his 2 back pay only up to the expiration date of his regular term of 3 office and he shall not be reinstated or paid further unless he is 4 such person duly elected and qualified . 5 (6) The Council shall maintain a continual surveilance 6 of all aspects of county p government and shall make such periodic 7 - reports to the people relating to expenditures , efficiency, responsive- ' 8 ness , adherance to statutes , laws and regulations , and other matters as 9 the Council deems adviseable . Such report or reports shall be in 10 such form as the Council shall determine and shall be filed with 11 the Board of County Commissioners and copies furnished to all 12 elected officers . 13 (7) For the purposes of assisting the Council in carrying 14 out the duties set forth in paragraph (7) above , the Council shall 15 appoint an Ombudsman ; [internal auditor] [observer] and shall 16 determine his qualifications and compensation . He shall serve 17 at the pleasure of the Council . 18 19 -54 0 0 1 Section 13 -9 -- Duties of I ) . 2 (1) The [ ] shall be responsible solely to the Council . 3 (2 ) The I I shall observe the activities of all county 6 4 elected officers , departments and employees , and shall periodically 5 report to the Council his findings related to expenditures , efficiency , 6 responsiveness , and adherance to statutes , laws and regulations of 7 county officers , departments and employees . 8 (3) The I ] shall perform such other duties as the 9 Council shall direct . 10 -55 a i 1 Section 13-10 -- Nomination of Councilmen . 2 (1) Candidates for councilmen shall be nominated without 3 regard to political party affiliation, by petition on forms supplied by 4 the county clerk . A petition of nomination may consist of one or more 5 sheets , but it shall contain the name and address of only one candidate . 6 The petition may designate one or more persons as a committee to fill a 7 vacancy in such nomination . 8 (2 ) Nomination petitions may be circulated and signed beginning 9 on the forty-fifth day and ending on the twnet -fifth day prior to the L 10 day of election . Each petition shall be signed by registered electors i 11 in the following numbers : 12 (a) For a candidate in the council at large, at least 13 /a registered electors 14 residing within the county; 15 (b) For a candidate from a geographic district , at least 16 'OD t- Pp, nL red ahlehrt residing in the candi- 17 date ' s district; 18 (3) Each registered elector signing a petition shall add to 19 his signature his place of residence . The circulator of each nomina- 20 tion petition shall make an affidavit that each signature thereon is 21 the signature of the person whose name it purports to be and that 22 each signer has stated to the circulator that he is a registered 23 elector of the county or county and district , as the case may be , 24 for which the nomination is made . The signature of each signer of a 25 petition shall constitute prima facie evidence of his qualifications 26 without the requirement that each signer make an affidavit as to his 27 qualifications . 28 d,5 ill 1 (7) The county clerk shall cause all nomination petitions to be 2 preserved for a period of two years. All such petitions shall be open i 3 to public inspection under proper regulation by the clerk. 4 (8) Procedure for withdrawal shall be as follows : 5 (a) Any person who has been nominated and who has accepted 6 a nomination may cause his name to be withdrawn from such 7 nomination , at any time prior to eighteen days before election , 8 by a written affidavit withdrawing from such nomination . The i 9 affidavit stating withdrawal shall be signed by the candidate 10 and filed with the clerk . 11 (b) If the nomination petition designates one or more 12 persons as a committee to fill a vacancy , the county clerk shall 13 immediately notify such persons of their candidate ' s withdrawal . 14 If there is no committee designated , the clerk shall immediately 15 notify the three persons whose names appear at the top of the 16 nomination petition of the withdrawal of their candidate . 17 0 0 1 (4) No petition shall be valid that does not contain the 2 requisite number of names of electors qualified to sign the peti- 3 tion . Any such petition may be amended in this respect at any time 4 prior to fifteen days before the day of election . 5 (5) No elector shall sign more than one nomination petition for 6 each separate office to be filled in the county or county and district , 7 as the case may be . An elector may sign a nomination petition for 8 a councilman from his district and also for a councilman at large . 9 (6) Each nomination petition shall be filed with the county 10 clerk no later than the twenty-fifth day prior to the day—sf election . 11 Every such petition shall have endorsed thereon or appended thereto 12 the written affidavit of the candidate accepting such nomination . 13 The acceptance of nomination shall contain the full name and place 14 of residence of the candidiate . 15 0 O 1 (9) Vacancies in nominations . 2 (a) If any candidate dies or withdraws from the nomination 3 prior to fifteen days before the day of election , the vacancy 4 may be filled by the vacancy committee , if any , designated on 5 the nomination petition or, if no vacancy committee is designated , 6 by petition in the same manner required for original nomination . 7 If any petition of nomination is insufficient or inoperative because ' 8 of failure to remedy or cure the same , the vacancy thus 9 occasioned may be filled by petition in the same manner required 10 for original nomination . 11 (b) Any certificate of nomination or petition to fill a 12 vacancy shall be filed with the Clerk not later than the fifteenth 13 day before the day of election . 14 15 O 1 (10) Objections to nominations . All petitions of nomination which 2 are in apparent conformity with the provisions of this section, as 3 determined by the clerk, are valid unless objection thereto is duly 4 made in writing within three days after the filing of the same . 5 In case objection is made , notice thereof shall be forthwith mailed 6 to any candidate who may be affected thereby . The clerk shall pass 7 upon the validity of all objections , whether of form or substance , 8 and his decisions upon matters of form shall be final . His decisions -.1Od rc 9 upon matters of substance shall be open toil review 1-f—y-rcni.pL app±iea 10 ties—trade , 'ss-pxo�S da - a n• -th C 1 do—Mtxtr tpa-Y---E-3-ee-t-tor' tretti;"` 11 br he _.r$me Fyn a1.•1 -ceses--sha12' be F ummary, and, the decision of the 12 eosin p-'�zt-�h i i he f_ ^ay -srnd--nota•sobject-to--review^'bq-"a'ri'ratCt'er- i 13 coaxt;.-.except•-4-htett• t'1trst rettE' Lv1rrC ins he exeawise�efi- 4t•e- Y^ `!""r!y, 14 ulasparrewteron.i bath-prtt°e ret`Thr-bY-73( 'St.ntriin-y-way. Said clerk shall 15 decide objections objections within at least forty-eight hours after the same are 16 filed , and any objections sustained may be remedied or defect cured 17 upon the original petition, by an amendment thereto, or by filing 18 a new petition within three days after such objection is sustained, 19 but in no event later than the fifteenth day before the day of 20 election . Cr. , O ARTICLE XIV FINANCE AND BUDGET 1 Section 14 - 1 -- Fiscal Year. 2 The fiscal year of the county shall commence on January 1 3 and end on December 31 of eacy year , unless otherwise established 4 by state law for home rule counties . 5 6 Section 14- 2 -- Annual Budget . 7 (1) The director of the Department of Finance , Purchasing and 8 Personnel shall prepare a recommended budget for the next fiscal year and 9 submit it to the Board. Such budget shall include recommended 10 operating expenses , capital expenditures , and revenue sources for 11 all departments and units of the county government, and any other 12 information deemed necessary. { 13 (2) The Board shall hold at least one public hearing on the 14 proposed budget . Public notice of such hearings shall be given at 15 least ten days prior to the date thereof stating the time and place 16 of the hearings and indicating that the proposed budget is available 17 for inspection in the office of the Clerk of the Board during regular 18 office hours , and that any interested person may file or register any 19 objections thereto at any time prior to the final adoption of the 20 budget . 21 { -56 O O 1 (3 ) Following the public hearing or hearings , the Board may re- 2 vise or alter the proposed budget or increase or decrease any item 3 therein. The Board shall then adopt the budget together with any 4 amendments thereto , in accordance with the requirements of state law. 5 The Board shall also adopt an ordinance appropriating funds for the 6 ensuing fiscal year and shall certify the taxes to be levied as 7 provided by law. 8 (4) The Board may adopt emergency appropriations upon declara- 9 tion that an unforeseen disaster or emergency exists . Such appropria- 10 tions shall be funded from contingency or other available funds , or 11 as otherwise permitted by state law. 12 (5 ) Except as otherwise provided herein, the provisions of 13 state law concerning adoption of budgets and appropriation of funds 14 by local governments shall govern the procedures of the Board . 15 16 Section 14- 3 -- Capital Improvements Program and Budget . 17 The Board may require that the director of Finance and 18 Purchasing submit , at the time of submission of the annual budget , 19 a five year capital improvements program and budget . Such program 20 shall include recommended projects , construction schedule , estimate 21 of costs , anticipated revenue sources , methods of financing, and 22 such other information as may be required . 23 24 Section 14- 4 -- Audits . 25 The Board shall provide for an independent annual audit of 26 all county accounts and funds , and more frequent audits as deemed 27 necessary. Such audits shall be made by a certified public accountant 28 selected by the Board . The same auditor or auditing firm shall not 29 be retained for more than five consecutive years . -57 30 O O 1 Section 14 - 5 -- Funds . 2 Funds shall be established as directed by the Board, pursuant 3 to the provisions of state law. 4 5 Section 14 - 6 -- Long Term Financing. 6 The incurring of indebtedness by the county and the issuance 7 of evidences of such indebtedness shall be authorized, made and 8 executed in accordance with the laws of the state , including the 9 borrowing of money to fund county projects , the pledging of project 10 revenues in repayment thereof, and the issuance of revenue warrants , 11 revenue bonds or other forms of evidence of such obligations . 12 13 14 15 16 17 18 -58 ® O 1 Section 14- 7 -- Limitation on Annual Tax Levy . 2 (1) Limitation. Except as otherwise provided herein , all ad 3 valorem tax levies for county purposes , when applied to the total 4 valuation for assessment of the county or other taxing district to which 5 such levy may apply , shall prohibit the levying of a greater amount 6 of revenue than was levied in the preceding year plus five per cent, 7 except to provide for the payment of finds and interest thereon . 8 (2 ) Increased levy -- procedure . 9 (a) If the Board be of the opinion , the amount of tax limited 10 by the preceding section will be insufficient for the county 11 needs for the current year, it may submit the question of an in- 12 creased levy to the division of local government in the department 13 of local affairs of the State of Colorado or such other appropriate i 14 agency as may be designated by State law, for approval of such 15 increased levy . If an increased levy is approved by such state 16 agency, the board may make such increased levy as is authorized 17 by such approval . 18 (b) In the event the division of local government or other 18 state agency refuses or fails within ten days after submission of 20 an adopted budget to grant such increased levy, the question may 21 be submitted to the qualified electors of the county or other taxing 22 district at a general or special election called for the purpose 23 and in the manner provided by law or this Charter for calling spe- 24 cial elections in the county . 25 26 27 28 -59 0 0 1 (c) Due notice of the question of whether to grant the 2 increased levy shall be given by the Board for at least thirty 3 (30) days in advance of the date set for the general or special 4 election by publication in some newspaper published within the 5 county . If a majority of the votes cast at any such election 6 shall be in favor of the increased levy as named in said election 7 notice , the Board may make such increased levy for the year voted 8 upon . 9 (d) In the event such increase shall be allowed by the 10 division of local government or other state agency, or voted by the 11 electors under the preceding subsections , the increased revenue 12 resulting therefrom shall be included in determining the five per 13 cent limitation in the following year. 14 iSsection 14 - 8 -- Limitation of Capital Expenditures . 16 Any one project , except hospital projects , requiring a capital 17 expenditure out of funds procured by ad valorem taxation equal to a 18 three mill elvy for three years , or a hospital p ' project requiring 19 a capital expenditure from ad valorum tax funds equal to a three 20 mill levy for three years , shall be prohibited until such time as the 21 question of expenditure of said funds shall have been first submitted 22 to vote of the qualified electors at a general or special election 23 and shall have received a majority vote approving of such expenditure . 24 25 -60 ® O 1 Section 14 - 9 -- Bidding -- Procedure . 2 3 (1) The Board of County Commissioners shall adopt bidding pro- 4 5 cedures for county purchases which shall assure open and competitive 6 bidding on all county purchases , and the Central Purchasing Division 7 shall follow the procedures adopted in all county purchases . 8 (2 ) Bid specifications shall be prepared in such a manner as to 9 invite and encourage bidding from all suppliers of the goods and equip- 10 ment being purchased by the County. No specifications shall be 11 submitted to bidders so restrictive in detail as to eleminate any line 12 of competitive equipment . 13 (3) The County Commissioners shall give preference to resident 14 Weld County bidders in all cases where the bids are competitive in 15 price and quality . 16 (4) The County Commissioners shall enter in the minutes of the 17 meeting, at which a purchase is made for other than a low bid, the 18 reason for not accepting the ow bid . 19 (5) All purchases of $2 , 000 . 00 or more shall be by written, 20 sealed bid and bids over $2 , 000 . 00 shall be tentatively accepted, 21 to be followed by a ten day period for consideration and investigation 22 of the bids submitted to determine comparisons of quality and price . 23 The Commissioners shall accept the bid they find to be most beneficial 24 to the County 25 -61 0 0 ARTICLE )W ELECTIONS 1 Section 15 - 1 -- General Elections . 2 Except as otherwise provided in this Charter , elected officers 3 of the county shall be nominated and elected pursuant to state law ( 4 at general elections . 5 6 Section 15 - 2 -- Special Elections . 7 Special elections shall be called by resolution of the Board 8 and conducted in accordance with the provisions of state law. 9 10 Section 15 - .3 -- Recall. 11 Any elected officer may be recalled from office at any time 12 after holding office for [6 months] one year . Once an election 13 on recall has been held, no other election on recall of that same 14 officer may be held for at least one year . The procedure for 15 recall shall be as follows : 16 (1) One or more registered qualified electors shall file 17 with the Clerk an affidavit of not more than two hundred words a 18 stating the reasons for requesting the recall . The Clerk shall , 19 within forty-eight hours after the filing of said affidavit , 20 mail a copy by certified mail to the officer sought to be 21 recalled who may , within five days of receipt of said affidavit , 22 file with the Clerk , a sworn statement of not more than two hun- 23 dred words in justification of his course in office . After 24 receipt of the statement in defense , if any , but in no event 25 later than ten days after mailing such copy to the officer, the 26 Clerk shall issue a petition for recall . -62 27 r i 0 0 1 (2) Said petition shall include the statement of reasons 2 for requesting recall and the officer ' s statement of justifica- 1 3 tion if there be such a statement. Said petition must be 4 signed by registered electors numbering at least 20% per 5 cent of the total number of votes cast for that particular office 6 in the last preceding election within the district from which • 7 the officer was elected or within the county in the case of an 8 officer elected at large . 9 10 i 11 12 13 14 15 16 17 18 19 -63 p O • 1 (3) Each signer of a petition shall sign his name , and 2 after his name , the date and his place of residence by street i 3 and number, rural route and box number, or other customary 4 designation , except that a post office box number by itself 9 5 , shall be insufficient . 1 4 6 { (4) The signed recall petition shall be filed with the 7 Clerk within sixty days after issuance . If said petition is filed 8 within the time specified, and appears to be sufficient, the 9 Board shall set a date for a recall election to be held within 10 sixty days , unless a general election or a special election will be 11 held within one hundred twenty (120) days following the filing 12 of the petition , in which event the recall election may be held 13 at the time of the general or special election . To each 14 petition paper shall be attached an affidavit by the circula- 15 for thereof, stating the number of signers and affirming that Y16 each signature is the genuine signature of the person whose 17 name it purports to be , and that it was made in the presence of 18 the affiant . 19 (5) All petitions shall be deemed and held to be sufficient 20 if they appear to be signed by the requisite number of signers , 21 and such signer shall be deemed and held to be registered qualified r 22 electors , unless a protest in writing under oath shall be 0 23 filed in the office of the. Clerk by some registered qualified j 24 elector , within fifteen days after such petition is filed, setting 25 forth specifically- the grounds of such protest . In the event of 26 -64 0 0 1 such protest, the Clerk shall forthwith mail a copy to the 2 person or persons named in such petition as representing the 3 signers thereof , together with a notice fixing a time for 4 hearing such protest which hearing shall be not less than five 5 or more than ten days after such notice is mailed . All $ 6 hearings shall be before the Clerk, and all testimony shall 7 be under oath . Such hearings shall be summary and 8 not subject to delay, and must be concluded within thirty (30) 9 days after such petition is filed, and the results thereof shall 10 be forthwith certified to the person or persons representing the 11 signers of such petition . 12 (6) In case the petition is not sufficient it may be } 13 withdrawn by the persons or a majority of the persons repre- 14 senting the signers of such petition , and may, within fifteen 15 (15) days thereafter, be amended and refiled as an original 16 petition . The finding as to the sufficiency of any petition 17 may be reviewed by the District Court of Weld county , upon 18 application of any person signing such petition , but such review 19 shall be had and determined forthwith . 20 -65 O 1 (7) There shall be printed on the official ballot, as to 2 every officer whose recall is to be voted on , the words , "Shall 3 (name of the person against whom recall petition is filed) 4 be recalled from the office of (title of office ) ? " The ballot 5 shall provide for a "yes" or "no"vote . 6 (8) If a majority of those voting on said question of the 7 recall of any incumbent from office shall vote "no" , said in- 8 cumbent shall continue in said office ; if a majority shall 9 vote "yes" , such incumbent shall thereupon be deemed removed 10 and the vacancy shall be filled as provided in Section of 11 this Charter. 1 1 1 -66 Y O O 1 Section 15 - 4 -- Initiative and Referendum. 2 The people of Weld County reserve to themselves the powers of ( 3 initiative and referendum, by petition, to have a law, proposed 4 law, or amendment of a law, submitted for the registered voters 5 of the county to approve or reject at the polls . An ordinance 6 or resolution may be initiated by petition, or a referendum on 7 an enacted ordinance or resolution may be had by petition , 8 or the Board on its own motion in enacting an ordinance or resolution 9 may provide for a referendum thereon . 10 The referendum shall apply to all ordinances and resolu- 11 tions , passed by the Board, except ordinances making the tax 12 levy, making the annual appropriation, calling a special election 13 or ordering improvements initiated by petition and to be paid 14 for by special assessments . Measures passed as emergency mea- 15 sures shall be subject to referendum like other measures , except 16 that they shall not be suspended from going into effect while 17 referendum proceedings are pending . If , when submitted to a 18 vote of the electors , an emergency measure be not approved by 19 a majority of those voting thereon , it shall be considered re- 20 pealed, as regards any further action thereunder and all rights 21 and privileges conferred by it shall be null and void; provided , 22 however, that such measure so repealed shall be deemed sufficient 23 authority for any payment made or expense incurred in accordance 24 with the measure previous to the referendum vote thereon . 25 (1) Procedure . 26 (a) An initiative or referendum petition shall be 27 signed by registered qualified electors numbering at least 28 twenty per cent of the number of persons who were registered -67 29 electors as of the date of the last general election, and 30 all signatures on said petition shall be obtained within the I O O 1 twenty-one (21) days prior to the date of. filing of the 2 petition with the Clerk . Any such petition shall be addressed 1 3 to the Board and may be an aggregate of two or more petition 4 papers identical as to content and simultaneously filed 5 by one person . i 1 6 (b) An initiative petition shall set forth, in full , 7 the ordinance or resolution it proposes to initiate and I 8 no petition shall propose to initiate more than one ordinance 9 or . resolution . A referendum petition shall identify the 1 I 10 ordinance dr resolution, or part thereof , it proposes to j 11 be submitted to the voters for approval . i 12 (c) Each signer of a petition shall sign his name , 3 I 13 and after his name , the date and his place of residence 14 by street and number, rural route and box number , or by 15 other customary designation, except that a post office 16 box number by itself shall be insufficient . I I 7 i I -68 © O 1 (d) To each petition paper shall be attached an 2 affidavit by the circulator thereof , stating the number of 1 3 signers and affirming that each signature is the genuine 2 4 signature of the person whose name it purports to be , and 15 that it was made in the presence of the affiant . Such 1 6 petition shall be filed with the Clerk who shall , within 7 fifteen (15) days , canvass the signatures thereon . If 8 the petition does not contain a sufficient number of signa- 9 tures of registered qualified electors , the Clerk shall 10 notify forthwith by certified mail the person filing such 11 petition and fifteen (15) days from such notification shall 12 be allowed for the filing of supplemental petition papers . 13 (e) A referendum petition shall be void unless 14 filed in the first instance with the Clerk within thirty (30) 15 days after the effective date of the ordinance or resolu- 16 tion to which such petition refers . The time for review 17 of the petition papers , if necessary , shall not render the 18 petition void because of the aforesaid time limit . When 19 a petition with sufficient signatures is filed within the 20 time allowed, the Clerk shall present the petition to the 21 Board at its next regular meeting. -69 O 1 - (2) Board Action . 2 Upon presentation to the Board of an initiative or referen- 3 dum petition, the Board shall , within thirty (30) days , either : 4 (a) Adopt the ordinance or resolution as submitted 5 by an initiative petition; 6 (b) Repeal the ordinance or resolution, or part 7 thereof, referred to by a referendum petition; 8 (c) Submit the proposal provided for in the petition 9 - to the electors . 10 (3) Submission to Electors . 11 Should the Board decide to submit the proposal to the 12 electors , it shall be submitted at the next general election 13 held in the county or , at the discretion of the Board, at a 14 special election ; provided, however , that if no general election 15 is to be held in the county within 120 days after presenta- 16 tion thereof, the Board shall call a special election to be 17a held within 60 days . 18 (a) The presentation to the Board of a valid and 19 sufficient referendum petition shall automatically suspend 20 the operation of the ordinance or resolution in question 21 pending repeal by the Board or final determination by 22 the electors , except as heretofore provided with regard 23 to emergency measures . 24 (b) The result of all elections held under the 25 provisions of this section shall be determined by a majority 26 vote of the electors voting thereon . -70 O 9 1 (c) An ordinance or resolution adopted by the elec- 2 torate through initiatory proceedings may not be amended 3 or repealed by the Board for a period of one year and a 4 resolution or ordinance repealed by the electorate may 5 not be re—enacted by the Board for a period of one year . 6 (d) If two or more ordinances or resolutions adopted 7 at the same election shall have conflicting provisions , 8 the provisions in the ordinance or resolution receiving y the highest number of affirmative votes shall prevail as 10 to such conflict and the adopted ordinance or resolution 11 receiving the lesser number of votes , to the extent it is 12 severable , shall nevertheless be effective except as to 13 the matters of conflict or inconsistency . 14 (e) The Board shall not refer more than five measures 15 to the people at any general election . The number of 16 measures to be submitted at a special election shall not 17 be limited . + 18 19 -71 t O 0 • 1 ARTICLE XVI 2 GENERAL PROVISIONS 3Section 16 - 1 -- Continuity of Government. 4 The Board shall provide for continuity of government in the 5event of a disaster. It shall prescribe procedures which will 6preserve representative government and provide an orderly line of 7succession of authority when disaster makes such measures necessary . 8In no case will such temporary occupancy of elective offices 9extend beyond the next scheduled general election . 10Section 16 - 2 -- Eminent Domain . s 11 The county shall have the powers of eminent domain to the 12 fullest extent authorized by state law. 13 14Section 16 - 3 -- Bonding of Officers . 15 Members of the Board and such other officers or employees 16as the Board may require and as required by this Charter shall 17give bond in an amount and with surety prescribed by the Board , 18or as required by law. The premiums on such bonds shall be paid 19by the county , and the bonds shall be filed with the County Clerk . 20 21Section 16- 4 -- Invalidity of Part -- Severability . 22 If a court of competent jurisdiction shall , by final judgment , 23hold any part or provision of this Charter to be invalid or 24unconstitutional , all other provisions of this Charter shall be 25considered to be severable and shall not be affected thereby and 26the effect of such decision shall not extend beyond that required -72 27by the court ' s ruling . 28 O 1 Section 16 - 5 -- Article and Section Titles . 2 The Article and section titles of this Charter are inserted 3 for reference and convenience only and shall not be construed to 4 limit, prescribe , or in any way control the scope or intent 5 of any provision therein . 6 7 Section 16 - 6 -- Public Notice . 8 Notice to the public of certain official acts , events , deter- g minations , proceedings or meetings shall be given . Unless defined 10 otherwise in the ordinances , rules or laws pertaining to the 11 procedure to which the public notice relates , compliance with the 12 following minimum requirements shall be deemed sufficient public 13 notice: publication by one insertion in a newspaper of general 14 circulation within the county . When the notice informs the 15 public of some event to take place in the future , it shall be 16 published at least five days prior to such event. 17 18 Section 16 - 7 -- Vacancy . 19 Every elective county office shall become vacant , on the 20 happening of any one of the following events , before the expiration 21 of the term of office: 22 (1) The death of the officer . 23 (2) The resignation of the officer. 24 (3) The removal of the officer, by recall or otherwise . { 25 (4) The officer is ceasing to be a resident of Weld County , 26 or in the case of an officer required to live in a district, ceasing 27 28 -73 29 e O 1 to be a resident of the district from which elected . 2 (5 ) The officer ' s refusal or neglect to take his oath of ; 3 office , or renew his official bond, or to deposit such oath and ' 4 bond within the time prescribed by law. 5 (6) The final decision of a competent tribunal, declaring 1 6 void an officer' s election or appointment. 7 (7) The final decision of a competent tribunal finding an 8 officer guilty of a crime . 9 10 section - 8 -- Boards -- Composition . 11 The members of all boards and commissions shall be broadly 12 representative of the community and geographic area served. 13 14 15 16 17 18 19 ti{B { -74 1 Section 16 - 9 -- Definitions . 2 Unless the context otherwise requires , the words or phrases 3 defined herein shall be given the meaning set forth in this 4 section . 5 (1) Affidavit -- A statement verifying the truth of the matters 6 stated and sworn to before a person authorized by law to administer oaths . 7 (2 ) Administrative code -- A compilation of Board policies , 8 directives and administrative procedures which relate primarily 9 to internal functioning and to the conduct of county government , ) 10 in regard to the public at large . 11 (3 ) Agency -- Any board , bureau , commission , department, 12 division., or other organizational unit in the administrative branch 13 of county government . 14 (4) Appropriation -- An authorization by the Board to expend 15 from public funds a specific maximum sum for a specified purpose 16 and during a specified time . 17 (5) Board -- The Board of County Commissioners . 18 (6) Candidate -- Any person seeking nomination or election 19 to any public office . 20 (7) Chairman -- The Chairman of the Board . 21 (8) Classification plan -- As related to the personnel system, 22 the assignment of positions into occupational groups and series 23 of classes determined by description of a class of positions which 24 25 -75 O O 1 defines the class title and distinguished one class of positions 2 from other classes . It gives examples of typical duties and 3 responsibilities found at its grade level , and defines minimum 4 skills, knowledges , abilities , and education required . 5 (9) Clerk -- The County Clerk , 6 (10) Commissioner -- A member of the Board . 7 (11) Council -- The County Council . 8 (12) Councilman -- A member of the Council . 9 (13) County -- Weld County , Colorado . I 10 (14) Crime -- A felony or a class 1 or 2 misdeameanor as 11 defined by state law, or a comparable federal crime or crime in some 1 12 other state . 13 (15) Department -- One of the major organizational units of 14 the County. 15 (16) Division -- A primary subdivision of a department . 16 (17) Emergency Ordinance -- An ordinance , the passage of 17 which shall be necessary to the preservation or protection of 18 public health , property , or safety . 19 (18) Employees -- All persons in county service who are not 20 officers . { 21 -76 O 1 (19) Initiative -- The provision whereby legislation may be 2 initiated by petition and submitted to the voters for approval 3 or rejection at the polls . 4 (20) Law -- State law. 5 (21) Masculine gender -- Includes feminine gender . 6 (22) May -- Is considered permissive . 7 (23) Officer -- An elected official of the county . 8 (24) Person -- An individual , firm, association or corporation . 9 (25) Personnel policies -- As related to the personnel system, 10 statements relative to the general management and procedure of the 11 personnel system. 12 (26) Personnel rules -- As related to the personnel system, 13 regulations and guidelines covering and concerning all , or most , 14 relations between employee and employer . 15 (27) Public Notice -- Notice as defined in this Charter . 16 (28) Qualified elector -- A person entitled to vote at a 17 general election , if registered, and if not registered , otherwise 18 eligible to vote ; the term is synonymous with qualified voter. 19 (29) Recall -- The provision whereby a group of electors may , 20 by petition, require that an election be held to allow the voters 21 to determine if a county officer should be removed from office . 22 (30) Referendum -- The provision whereby any ordinance or 23 resolution , or part thereof, enacted by the Board may be referred 24 to the voters of the county to approve or reject at the polls . 25 (31) Shall -- Is considered mandatory. 26 (32) State -- State of Colorado . 27 (33) State law, laws of the state or laws -- All legislation 28 governing Colorado, including the provisions of the state Constitu- -77 29 tion . References to state laws shall be construed as continuing 30 O 1 references to them as they may be amended from time to time . i -78 O ARTICL E XVII AMENDMENTS TO. CHARTER 1 Section 17 - 1 -- Procedure to Amend or Repeal Charter . 2 (1) Action to amend this Charter shall be initiated by : 3 (a) A petition or petitions signed by at least five 4 per cent of the registered qualified electors of the county ; or 5 (b) A resolution adopted by the Board submitting the pro- 6 posed amendment or amendments to the qualified elector s . 7 (2) Action to repeal this Charter or to form a new charter 8 commission may be initiated by a petition signed by at least fifteen g per cent of the registered qualified electors of the county . 10 (3) Within thirty days of initiation of a proposed amendment , 11repeal , or charter convention measure , the Board shall publish 12notice of and call an election to be held not less than thirty nor 13more than one hundred twenty days after said publication . The text { 14 of any proposed amendment shall be published with said notice . 15 (4) If the proposal is for a charter commission , the election 16shall be scheduled at least sixty days after publication of the 17notice . The procedure for the forming and functioning of a new ischarter commission shall comply as nearly as practicable with pro- 1 igvisions relating to formation and functioning of an initial charter 20commission . 21 (5) If a majority of the registered qualified electors voting 228hereon vote for a proposed amendment, the amendment shall be 23deemed approved. If a majority of the registered qualified electors 24voting thereon vote for repeal of the charter, the charter shall 25 -79 0 0 1 be deemed repealed and the county shall proceed to organize and 2 operate pursuant to the statutes applicable to statutory counties . 3 (6) No proposal for a charter commission , charter amendment , 4 or repeal of a charter shall be initiated within twelve months after 5 rejection of a substantially similar proposal . No proceeding con- 6 testing the adoption of a Charter amendment shall be brought unless 7 commenced within one hundred eighty days after the election adopting 8 the measure . 9 10 Section 17 - 2 -- Conflicting Amendments . 11 If there is any conflict or inconsistency between amendments 12 voted upon at the same election and more than one of said amendments 13 is adopted , then the amendment receiving the largest number of votes 14 shall prevail as to such conflict or inconsistency and the adopted 15 amendments receiving the lesser number of votes shall , if 16 severable , be nevertheless effective except as to the matters of 17 conflict or inconsistency. 18 -80 • O ARTICLE XVIII TRANSITIONAL PROVISIONS Section 18 - 1 -- Purpose of Article . 1 The provisions of this Article relate to the transition from the existing form of government to the form of government established by this Charter. Where inconsistent with the fore- 1 going articles in this Charter , the provisions of this Article shall constitute exceptions thereto . Section 18 -- 2 -- Effective Date of Charter . Upon its adoption , this Charter shall become effective on the first day of January , 1976 , except as these transitional provisions require earlier or later implementation . Section 18 - 3 -- Transition of Elective County Offices . After adoption of this Charter, the status of elective officers shall be as follows : (1) Incumbent County Commissioners shall continue to serve as Commissioners of districts numbered one , two and three until such time as their terms of office would have expired if this ( Charter had not been adopted. y (2) All other existing elective officers , as provided for in this Charter , shall continue to serve in their respective offices until such time as their term of office would have expired if this Charter had not been adopted . -81 O O 1 Section 18 - 4 -- Elections to Fill New Commissioner Positions. 2 A special election shall be held following adoption of this 3 Charter and prior to December 15 , 1975 , at which Commissioners 4 shall be elected as follows : 5 (1) One Commissioner at large shall be elected for a one year 6 term beginning January 1 , 1976 . At the next general election in 7 November , 1976 , two Commissioners , one each from geographic districts 8 numbered one and three and one Commissioner elected at large shall 9 be elected for four year terms . 10 (2 ) One Commissioner at large shall be elected for a three 11 year term beginning January 1 , 1976 . At the general election 12 in November, 1978 , one Commissioner from geographic district numbered 13 two and one Commissioner at large shall be elected for four year 14 terms . 15 (3) In subsequent elections , Commissioners shall be elected 16 for four year terms, pursuant to section 3-4 of this Charter. 17 18 19 -82 O a • 1 Section 18 - 5 -- Elections to Fill New County Councilman Positions . 2 At the special election to be held, as provided in section 4 3 of this Article , Councilmen shall be elected as follows : ( 4 (1) One councilman from geographic district numbered two and 5 one councilman at large shall be elected for a one year term beginning 6 January 1 , 1976 . At the next general election in November, 1976 , they 7 shall be elected for four year terms . 8 (2) Two councilmen, one each from geographic districts numbered g one and three and one councilman at large shall be elected for a 10 three year term beginning January 1, 1976 . At the general election 1 11 in November, 1978, they shall be elected for four year terms . 12 (3) . In subsequent elections , councilmen shall be elected for • 13 four year terms as provided in section of this charter . j 14 15 16 17 18 -83 ' Q O 1 Section 18 - 6 -- Salaries. 2 Until otherwise established as provided by this Charter, 3 the salaries of all elective officials shall remain the same as 4 they existed on the effective date of this Charter . 5 Section 18 - 7 -- Prior Legislation and Policies . 6 All resolutions , motions, rules and regulations which are 7 not inconsistent with the terms of this Charter , and which are 8 in force on the effective date of this Charter , shall continue in 9 force until repealed or amended . Existing resolutions which enact 10 legislative measures shall be considered to be ordinances under this 11 Charter. 12 13 Section 18 - 8 -- Existing Contracts . 14 (1) All rights , claims , actions , orders , contracts and legal 15 or administrative proceedings shall continue except as modified pur- 16 suant to the provisions of this Charter , and in each case shall be 17 maintained , carried on or dealt with by the county department , office 18 or agency appropriate under this Charter . 19 (2 ) Nothing in this Charter shall abridge the rights , duties , 20 or obligations heretofore obtained or incurred by contract or ordin- • 21 ance and legally entered into or passed by the county . 22 23 -84 1 Section 18 - 9 -- Continuation of Employment. 2 All appointed employees of the county holding office on the 3 effective date of this Charter shall continue to be employed , 4 at their existing salaries , subject to the provisions of this 5 Charter and of the personnel system regulations adopted pursuant 6 thereto. 7 8 Section 18 - 10 -- Boards and Commissions . 9 All boards and commissions whose functions have not been 10 transferred by this Charter to another agency or department , 11 or otherwise dealt with by this Charter , shall continue to func- 12 tion until otherwise determined by the Board . 13 14 15 -85 Hello