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W I`D�• To Home Rule Charter Amendment Date March 7. 1978
Study Committee
COLORADO From Thomas 0. David, Weld County Attorney
Subject: Measures to be Referred to Voters Regarding Amendments to
the Home Rule Charter
Ladies and Gentlemen:
You have requested an opinion as to the number of measures that may be
referred to the voters at a special or general election concerning
amendments to the Home Rule Charter of Weld County.
Article XV of the Home Rule Charter provides under Section 15-4 thereof,
the provisions for Initiative and Referendum. This particular article
provides that all ordinances and resolutions passed by the Board of
County Commissioners may be referred to the voters or, in the alter-
native, ordinances and resolutions may also be initiated by the voters.
Article XV, Section 15-4(3)(e) restricts the number of measures referred
to voters by the Board of County Commissioners to five at a general
election and provides for an unlimited number of measures which may be
submitted at a special election.
Article XVII of the Home Rule Charter deals exclusively with amendments
to and repeal of the Home Rule Charter.
Section 17-1 thereof provides for the procedures to amend or repeal the
Home Rule Charter. Section 17-1 (1 )(b) provides that a resolution adopted
by the Board of County Commissioners is a proper vehicle for submitting
a proposed amendment or amendments to the qualified electors of Weld
County.
Section 17-1 (3) provides that within thirty (30) days of the initiation
of a proposed amendment, the Board of County Commissioners shall publish
notice and call an election to be held not less than thirty (30) daysnor
more than one hundred twenty (120) days after said publication.
The question then arises as to whether or not the restriction set forth
in Article XV limiting five measures at a general election which have
been the subject of initiative or referendum, is also applicable to
amendments to the Charter under Article XVII.
It is my opinion that the drafters of the Home Rule Charter, by their
failure to limit the number of amendments which may be submitted to the
voters under Article XVII , intended not to restrict the number of amend-
ments to the Charter which may be brought to the voters by resolution of
the Board of County Commissioners. Further, the failure of Article XVII
to refer in any way to Article XV additionally fortifies this position.
Since the Home Rule Charter Amendment Study Committee is a recommending
body, I would suggest that the Charter Committee make all recommendations
7R0507
Home Rule Charter Amendment
Study Committee
March 7, 1978
Page 2
that they feel are necessary concerning amendments to the Charter as a
result of the study of the Committee, and not place any numerical limit
on these recommendations.
THOMAS . DAVID
County Attorney
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February 15, 1978
STATEMENT FROM THE LEAGUE OF WOMEN VOTERS
The League of Women Voters of Greeley-Weld County appreciate this opportunity to
present their views. The League is dedicated to the principles of economic and
efficient government. We have been actively involved with the Weld County Charter
throughout its short history. We participated in the 1972 petition drive which put
the Charter concept on the ballot. We followed the progress of the Charter Commission
and testified before them several times. We campaigned hard for passage of the
Charter.
Today, our interest in the Charter and in its future continues. Although time has
not yet allowed time for a true testing of the Charter, some areas of concern have
been recognized. We would like to speak tonight to two of these.
One of these areas concerns misunderstandings which arise from unclear language in
the Charter. We recommend that the Charter be examined in its entirety and that it
be revised wherever intent is not clear.
Our second area of concern is Section 3-8, (4) (b), dealing with ordinances. We
would like to suggest this section be amended by deleting the word contracts. In
support of this position, we would like to make the following points. First, the
lengthy procedures for adopting contracts under $2000 is inefficient and uneconomical.
Secondly, the Board of County Commissioners has passed a resolution establishing the
Purchasing Policy which complies with state law and with the Weld County Charter.
The Commissioners also employ a Purchasing Officer who is responsible for implementing
these policies. It seems unnecessary to require use of an ordinance procedure when
there is an established policy for contracts under $2000 and we did take that policy
and go through it. Purchases over $2000 are dealt with in Section 14-9 of the Charter
concerning bidding procedures.
Page 2
Statement from the League of Women Voters
We hope that you will consider these recommendations as part of the effort to insure
a more efficient and economical government for Weld County.
Becky Edgerton for the
League of Women Voters
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