HomeMy WebLinkAbout20141405.tiff RECEIVED
APR 2 9 2014
Minutes WELD COUNTY
WELD COUNTY COUNCIL COMMISSIONERS
February 10, 2014
The Weld County Council met in regular session in full conformity with the Weld County
Home Rule Charter, Monday, February 10, 2014, at the Weld County Administration
Building, Greeley, CO.
E ROLL CALL: The meeting was called to order by Councilwoman Marge Klein
and on roll call the following members were present, constituting a quorum of members
thereof:
Councilwoman Marge Klein
Councilman Brett Abernathy
Councilman Don Mueller- Excused
Councilman Bernard C. Kinnick
Councilman Jeffrey Hare
Also present: Weld County Attorney Bruce Barker, Karleen Watson, Council Secretary
and Sarah Mundt, newly hired Council Secretary.
El APPROVAL OF AGENDA: Councilman Abernathy made a motion to approve the
February 10, 2014 agenda. The motion was seconded by Councilman Kinnick and
carried.
II APPROVAL OF MINUTES: Councilman Hare made a motion to approve the
January 20, 2014 Minutes. The motion was seconded by Councilwoman Klein and
carried.
REVIEW PROGRAM: Bruce Barker, Weld County Attorney presented on the
policies and procedures for the Weld County Council. The last date the policies and
procedures were modified was May 18, 1999. He stated that it is good to review them
every two years to see if anything should be changed. Mr. Barker handed out a copy of
the Rules, Regulations and Procedures of the Weld County Council Adopted Pursuant
to Section 13-4(2) of the Weld County Home Rule Charter and suggested that they be
reviewed for changes. As to any changes to this document, the Council votes one time.
The document was reviewed as follows:
Officers. This information comes directly from the Home Rule Charter.
1. President. No Change
2. Vice-President. The Vice-President shall preside and act for the President
in the event of his the absence of the President. Section 13-4(1).
Motion by Councilman Abernathy that the wording be changed as stated. The motion
was seconded by Councilman Kinnick and carried.
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Weld County Council
February 10,2014
Minutes
II. Meetings.
1. "Official" Meetings. "Official" meetings of the Weld County Council shall
consist of regular or special meetings. Regular meetings shall be held
monthly on a day or days to be determined by the Council by resolution.
Special meetings may be called by the President. Copies of notices of
official meetings shall be posted in a conspicuous place in the offices of
the Board of County Commissioners of Weld County at the time such
notices are given to members of the Council. All official meetings of the
Council shall be open to the public, and no action shall be taken by the
Council other than at an official meeting (except as set forth in Subsection
"G", below). A record of the proceedings shall be taken and preserved,
and it shall be a public record. Section 13-4(2) and (3).
2. Parliamentary Procedures. The parliamentary procedure of the Weld
County Council shall be governed by the most current edition of Robert's
Rules of Order, Newly Revised. Councilman Abernathy made a motion to
accept this language as stated. Councilman Kinnick seconded and the
motion was carried.
3. Voting. No Change
4. Quorum. No Change
5. Place of Meetings. All regular and committee meetings shall be held at the
Council office at the Weld County Centennial Centor Administrative
Building, 015 Tenth 1150 O Street, Greeley, Colorado, unless an
appropriate notice of change of the place of meeting has been written and
posted in the office of the Board of County Commissioners of Weld County
and notice given to all Council members.
6. Attendance. No Change
7. Executive Session. C.R.S. § 24-6-402(4) is very specific regarding
reasons for going into Executive Session. No Change
III. Employees. Council staff employees shall include secretarial personnel
appointed by the Council and serving pursuant to the County Personnel
system at the pleasure of the Council. Such staff shall be evaluated according
to the rules set forth in the County Personnel system. Such staff shall, under
supervision of the President, obtain supplies, support facilities, and services
necessary and help for the Council business and procedures, utilizing
established county purchasing procedures through requisitions and purchase
orders. Staff shall process all member requests for reimbursable expenses.
The staff secretary shall perform secretarial services for all Council members
when such secretarial services are necessary because of Council business.
The staff secretary shall maintain the general records of the Council. Section
13-8(2). Councilman Hare made a motion to accept this language and it was
seconded by Councilman Kinnick and carried.
IV. Reimbursable Expenses. Language directly out of the Home Rule Charter.
No Change
Weld County Council
February 10,2014
Minutes
V. Review and Report Procedures. Refers to Section 13-8(6) of the Home Rule
Charter. No Change
1. Observance. Discusses roll of the Council in relation to Weld County
government. No Change
2. Review. No Change
3. Reports. Elected officials; and department heads, board and commission
chairman, and division doputios shall be given notice of regular council
reports relating to specific offices or departments or divisions for aspects
under their authority and shall be allowed time to discuss such report at
regular Council meetings when such report is given. Notice of reports on
special review shall be given as considered appropriate by the Council.
The Council shall at the time of report, or at the next regular meeting,
make determination on need for more detailed review, other information
needed, or it may accept the report as is. All accepted reports shall remain
in the files of the Council and be the basis for periodic reports to the
people and elected officials. All financial information and
recommendations contained in such reports shall be transferred to a
master file for use at budget time. Periodic reports to the people and
elected officials shall be in such manner as deemed proper and advisable
by council provided, however, that they shall be at least every four
months. Council members shall not use the files of the Council or
information contained within to actively engage in the political election of
any person. Councilman Hare made a motion to accept this language and
it was seconded by Councilman Kinnick and carried.
VI. Procedures Pertaining to Suspension of Elected Officials.
A. Elected Official Formally Charoed or Indicted for the Commission of a Crime. No
Change
1. Any Council member who receives information indicating that an elected
official has been formally charged or indicted for the commission of a
crime shall immediately contact the President, or then acting President;
and rolay said information to him.
2. The President, or then acting President, shall immediately call a special
ccerion meeting of the Weld County Council, the purpose of which will be
for said the Council to review the facts at hand in an effort to determine
whether or not there is in fact probable cause to believe that an elected
official has been officially charged or indicted for the commission of a
crime.
a. No Change
b. No Change
3. The President, or then acting President, shall immediately call a special
session meeting of the Weld County Council, the purpose of which will be
for said the Council to review the facts at hand in an effort to determine
whether or not there is in fact probable cause to believe that an elected
Weld County Council III,
February 10,2014
Minutes
official has been officially charged or indicted for the commission of a
crime.
4. Upon the setting of the hearing special meeting, the Council shall
immediately cause written notice to be personally served upon the elected
official who is alleged to have been formally charged or indicted for the
commission of a crime, which notice shall contain the following
information:
a. The fact that a hearing special meeting has been scheduled
for a certain date and certain time for the Council to take evidence to
determine whether or not the elected official has been formally charged or
indicted for the commission of a crime; if so, whether or not the elected
official should be suspended from his duties and, if so, whether the
suspension sho The fact that a hearing special meeting has been
scheduled for a certain date and certain time for the Council to take
evidence to determine whether or not the elected official has been
formally charged or indicted for the commission of a crime; if so, whether
or not the elected official should be suspended from his duties and, if so,
whether the suspension should be with or without pay.
b. The crime and statutory citation for the commission of which
the official is alleged to have been formally charged or indicted and the
court in which the formal charge or indictment is alleged to have been
lodged. The fact that the elected official may appear on the date and time
previously set, either with or without counsel, that said elected official will
be given reasonable time and opportunity to answer the charges, to
produce his testimony, and to cross-examine all witnesses presented, and
to oxcopt to tho proof againet him.
c. The fact that a continuance of the time and date previously
set for said hearing special meeting shall not be granted unless the
Council finds that the subject elected official has shown good cause for
said continuance. Councilman Hare made a motion to accept this
language and it was seconded by Councilman Kinnick and carried.
5. No Change
6. No Change
B. Elected Official Found Guilty of Any Crime by a Court or Jury.
1. Any Council member who receives information indicating that an
elected official has been convicted of a crime by a court or a jury
shall immediately contact the President, or then acting President;
and relate caid information to him.
Weld County Council
February 10,2014
Minutes
2. The President, or then acting President, shall immediately call a
special session meeting of the Weld County Council, the purpose
of which will be for said Council to review the facts at hand in an
effort to determine whether or not there is in fact probable cause to
believe that an elected official has been found guilty of a crime by a
court or jury.
a. No Change
b. No Change
Councilman Hare made a motion to accept this language and it was
seconded by Councilman Abernathy and carried.
3. The Council President shall immediately set a special session
meeting, the purpose of which will be a hearing to determine
whether or not in fact the official has been found guilty of a crime by
a court or jury. Said special session meeting shall be set not less
than three or more than seven days from the date of the finding of
probable cause by the Council that the official has been found guilty
of a crime by a court or jury.
4. Upon the setting of the hoaring special meeting, the Council shall
immediately cause written notice to be personally served upon the
elected official who is alleged to have been found guilty of a crime
by a court or jury, which notice shall contain the following
information:
a. The fact that a hoaring special meeting has been
scheduled for a certain date and certain time for the
Council to take evidence to determine whether or not
the elected official has been found guilty of a crime by
a court or jury.
b. The crime and statutory citation for the commission of
which the official is alleged to have been found guilty
and the court in which the proceedings are alleged to
have taken place. The fact that the elected official
may appear on the date and time previously set,
either with or without counsel, that said elected official
will be given reasonable time and opportunity to
answer the charges, to produce this testimony, and to
cross-examine all witnesses presented, and to except
to the proof against him.
c. The fact that a continuance of the time and date
previously set for said hearing special meeting shall
not be granted unless the Council finds that the
subject elected official has shown good cause for said
continuance.
5. No Change
Weld County Council
February 10,2014
Minutes
6. All hoaringo meetings conducted as set forth above shall be held in
the absence of formal rules of evidence, and the admission or
rejection of evidence or testimony shall be at the sole discretion of
the President or acting President of the Council.
VII. Conflict of Interest Determinations. No Change
VIII. Amendments. No Change
Councilman Hare made a motion to accept this language and it was seconded by
Councilman Abernathy and carried.
Bruce will send a revised version to Revised and Adopted: February 10, 2014.
e PUBLIC COMMENT: None at this time.
El NEW BUSINESS:
Coordinator Reports — none at this time
Upcoming Meetings/Invitations — United Way of Weld County March 13, 2014
Mike Wallace is our next meeting speaker and Don Mueller will be the coordinator.
New secretary Sarah Mundt. Office hours will be Tuesday and Thursday mornings 9:00
am to 12:00 pm. She will forward all emails and phone information to her cell phone so
she has access to all information.
El ADJOURNMENT: By acclamation, the meeting was adjourned at 8:09 p.m.
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February 10, 2014 unciltRresid nt Marge Klein
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Council Secretary arah undt
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