HomeMy WebLinkAbout780511.tiff RECORD OF PROCEEDINGS 100 Leaves
MINUTES
WELD COUNTY HOME RULE CHARTER
AMENDMENT STUDY COMMITTEE
The Weld County Home Rule Charter Amendment Study Committee met in regular session
in the Third Floor Conference Room of the Weld County Centennial Center, Greeley,
Colorado, on Wednesdgy, February 15th, 1978, at the hour of 7:00 P.M.
ROLL CALL: The meeting was called to order by Chairman Gordon Lacy. On roll call,
the following members were present, constituting a quorum of the members thereof:
Gordon Lacy, Chairman Dick Boettcher
Verdie Peddycord Blair Macy
Barbara Sloan Helen Norton
John Kunzman
Absent: William Butler & Wayne Brown
ALSO PRESENT: Two Members of the League of Women Voters, Members of the Press,
Secretary Sandy Moorhouse.
MINUTES APPROVED: Gordon Joey said he had one correction to be made to the minutes
of January 18th, 1978. On the third page, paragraph three, Mr. Joey would like the
first sentence clarified to read "No li specialpublic meeting to present the proposed
amendments will be held as discussed at a previous meeting." He stated that as the
minutes read it implies that the Charter Study Committee's meetings are not open
to the public, which is not correct. All Charter Study Committee meetings are open
to the public. A motion was made and seconded to approve the minutes of January
18th, 1978 as corrected.
Gordon Lacy said he would like clarification from County Attorney Tom David on the
number of amendments that can. be placed on the ballot this fall. Verdie Peddycord
had an article from the "Greeley Tribune" in which Mr. David was quoted as saying
the number of possible amendments is unlimited. Becaise Mr. David was not in
attendance at this time, the Committee decided to proceed with the wetting until
he arrived to answer the question.
Becky Edgerton of the League.of Women Voters.read a statement from the League.
(see attached) Mr. Joey thanked Ms. Fdgerton and said he agreed with their
recommendations.
At this time, the Committee began going over the 19 items of concern discussed
during the proceeding.
1. Article III, Board of County Commissioners, Section 3-4, TERMS OF OFFICE.
(Also discussed in relation to boards and commissions appointed by the
Commissioners)
Verdie Peddycord stated she thought this section was a valid portion of the
Charter and recommended no changes be made. John Kunzman disagreed saying
he thought it was telling the citizens who they could vote for in an election.
He also stated it would eliminate a number of qualified people who would
run for elective office.brttr:heeaOSe they woild.have to give up their"jobs
to serve for only eight years would decide-not to do so. Many would
have no job to return to. Another matter he suggested they consider was
the low salary of the elected officials. Dick Boettcher said he thought
this should be left up to the voters and not restricted by the Charter.
Blair Macy said eliminating this section could make county government more
efficient but could also make it possible for one person to become too powerful
in an elective office. Chairman Lary explained that he found in serving
on the Board of Adjustments that if someone did a good job, was willing to devote
the time and energy to attend the meetings and would like to continue serving,
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it was unfair not to allow him to do so. He said he wholeheartedly disagreed
with this section of the Charter.
Chairman Lacy set the format for the remainder of the meeting at this time.
He asked that the Committee discuss each item and then he would call for a
motion. Each committee member present would vote their convictions on the
individual items.
Mr. Lary asked for further discussion on item number one and there being none,
called for a motion. Dick Boettcher moved to amend this section removing the
restrictions on serving only two consecutive te.nia. John K„nzman seconded the
notion and on roll call the Committee members voted as follows:
Gordon Lacy Yes John Kunanan Yes.
Dick Boettcher Yes Blair Macy No
Verdie Peddycord No Helen Norton No
Barbara Sloan No
The motion was defeated.
Verdie Peddycord asked about the votes of those members not attending this
meeting. Chairman lacy said that Wayne Brown had contacted Sandy Moorhouse,
informing her that he would not be able to attend this meeting but would
forward his comments to her so they could be sent out with next months minutes.
In answer to Ms. Peddycord's question, he replied that all members were aware
of the agenda for this evening's meeting and he thought decisions should be
made at this meeting. He stated they would be voted on democratically but
he did not feel they could delay the decisions any longer. Dick Boettcher
pointed out that if the two members not present felt strongly enough about -
a certain decision they could ask for reconsideration at a later meeting.
2. Article III, Board of County Commissioners, Section 3-8, POWERS AND DUTIES
(4) (b).
Enacting legislation by the ordinance procedure. (contracts)
Ms. Peddycord made reference to the minutes of November 16th and the amendments
offered by the County Attorney's Office. She questioned why the Cannittee
Members had felt the second amendment was needed. After a short discussion,
it was decided the second paragraph adding to Section 3-8 (4) (m) was covered
in another part of the charter and was not needed. Ms. Peddycord then made
a motion to change paragraph (4) (b) only but deleting the word contracts.
Barbara Sloan seconded the notion.
Dick Boettcher stated concerns about the section relating to the disposition
of real property. He asked if the county was governed by state statute in
this matter. No attorney was present at this time but Gordon Lary stated
it seemed like the county would be govened by state law. Mr. Boettcher then
said he saw no need for this portion to be included in the Charter. Blair
Macy said he would like to see it included even if the county was governed
by the state statute. This question will be referred to Mr. David upon his
arrival at the mooting.
Blair Macy expressed misgivings about contracts made when a new position or new
duties were created. He said the new position or duties may not prove very
important but he thought the citizens should be aware of them. Mr. lacy replied
he thought this would be taken care of under the Personnel policies.
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2. Article III, Board of County Commissioners, Section 3-8, POWERS AND DUTIES
(4) (b). (Continued)
On motion duly made and seconded a vote was taken and it passed unanimously
to amend Section 3-8, (4) (b) by eliminating the word "contracts" to read
as follows:
(b) Enact legislation including such means of enforcement thereof
as shall be authorized bylaw, and otherwise formally promulgate
county policy. Unless otherwise required by statute, the Board
shall act only by ordinance in matters of legislation, eeatraets,
appropriations, and disposition of real property, and by ordinance,
resolution or motions, as may be appropriate, in other matters.
3. Article III, Board of County Commissioners, Section 3-8, POWERS AND DUTIES
(4) (n).
The Board of Appeals.
Gordon Lacy informed the Committee that this question arose concerning
a Board of Adjustments matter. The Board received a ruling stating that
the Board of County Commissioners served as the Board of Appeals by state
law and the Home Rule Charter. He said this concern had also been clarified
in the County Grievance Procedure that was recently revised and adopted by
the Board of County Commissioners. Blair Macy moved and Helen Norton seconded
a notion to make no change in this section of the Charter. The motion
passed unanimously.
4. Article III, Board of County Commissioners, Section 3-8, POWERS AM) DUTIES
(4) (r). Town Meetings
Rural Conferences.
Bnrbara Sloan said she felt the Commissioners had taken care of this concern by
scheduling ' monthly meetings . with the town council of the various incorporated
towns during the year. Blair Macy mentioned he had attended the meeting held
in Kccnesburg last year and found it very beneficial.
Verdie Peddycord made a motion to make no change in this section of the charter.
Rnrbara Sloan seconded the motion and it passed unanimously.
5. Article IV, Departments of County Government, Section 4-2, DEPARTMENT OF
FINANCE, CENTRAL PURCHASING AND PERSONNEL (B) (2) (f).
Running for elective office.
John Kunzman stated he objected to this paragraph because it was discriminatory
to county employees. Verdie Peddycord agreed and said she thought elected
officials and county employees should be governed by the same regulations.
Blair Macy said this type of regulation is not required in private business.
Mr. Kunzman pointed out that the county could be the loser because qualified
employees may take a leave of absense, lose the election and then not return
to their job with the county.
Dick Boettcher disagreed stating if the employee was retained in the position
during the election campaign it could cause a great deal of disharmony in the
county office. After further discussion, Helen Norton made a motion to delete
the second sentence of paragraph (f) to read as follows:
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5. (Cont. )
(f) No employee shall, during working hours, engage in any political
activity. Any-peroon-eapleyed-w4th-the countyr-eneept-an-eleeted
e;fie*al--whe-oecks eleet4ex-#e-a- tie4an-gab€e-e €gee; shall
ruse#;-a-leave-a€-abeenee--withent-pay>-immedia€eIy-aTter-annettneem ent
e€-hio eandidaey.
Blair Macy seconded the motion and on roll call the votes were as follows:
Gordon Lacy No Blair Macy Yes
Dick Boettcher No Helen Norton Yes
Verdie Peddycord Yes Barbara Sloan No
John Kunanan Yes
The motion passed on a 4-3 vote.
6. Article IV, Departments of County Government, Section 4-4, DEPARTMENT
OF PLANNING SERVICES (f).
Wording is vague.
After a short discussion,the Committee members stated they did not have
problems with this section and on motion duly made and seconded voted
to make no change in this section of the Charter.
7. Article IV, Departments of County Government, Section 4-5, DEPARThENr
OF ENGINEERING SERVICES (1) Qualifications.
Rewritten to help in hiring.
County Attorney Tan David is now present at the meeting. Also
attending are Glenn K. Billings and Ron Cooke an attorney from Denver.
The questions that were discussed earlier in the evening were directed
to Mr. David for clarification.
Mr. David stated the number of amendments that can be put on the ballot
is unlimited. (Please see his written opinion that is attached for
details)
Dick Boettcher asked for his comments concerning the disposal of real
property by the ordinance procedure. Tan David said the county does follow
the state statute on tax foreclosures only. He stated he had no problem with
the disposition of real property through the ordinance procedure as stated
in the Home Rule Charter. Mr. Boettcher asked if the county advertised
the property owned by the county but not bound by tax foreclosures. Mr.
David assured him the county does advertise all surplus property.
The Committee members then returned to item number seven for discussion
and a decision.
Gordon Lacy said the problem area seemed to be in the quote "shall be
licensed or shall be eligible for licensd' . He asked if this meant the
County Engineer must be licensed or just qualified to be licensed. Glenn
Billings explained that by state statute the County Engineer must be
licensed before he can use the title "County Engineer" on letterhead, etc•:
He said he believed the intent of the paragraph by the Charter Commission
was to include this in case an engineer was hired from out of state it
would give him time to become licensed in the state of Colorado.
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7. (CONTINUED)
Helen Norton Roved and Verdie Peddycord seconded a motion to make no
change in this section of the Charter. The vote was taken and carried
unanimously.
8. Article IV, Departments of County Government, Section 4-6, DEPARTMENT OF
COMMUNICATION SERVICES.
Addition of the County Library under this department.
Barbara Sloan said that Commissioner Norman Carlson had contacted her
on this matter. He suggested this change be made to bring the Library
Board into conformity with the other county boards and ccnnissions.
Ms. Sloan pointed out that the Library Board seemed to be functioning
adequately at this time and had not notified the Committee of any problems.
She said she did not have a great deal of concern in changing this section.
Verdie Peddycord made a motion that the Committee make no change and
Barbara Sloan seconded the motion. The motion carried unanimously.
9. Article V, Department of Law, Section 5-2, QUALIFICATIONS.
Rewritten to help in hiring.
This has been an area of much discussion by the Comnittee during the year.
The Corm:i.tte members decided to change the wording of the paragraph to
read as follows:
The County Attorney shall be a resident of the County of Weld and an
attorney duly licensed by the State of Colorado for at least five
(5) years immediately prior to his appointment, and shall have been
actively engaged in the practice during such five years.
Ms. Peddycrod moved and Barbara Sloan seconded the notion to amend this
section of the charter as stated above for clarification purposes. The
motion carried unanimously.
10. Article V, Department of Law, Section 5-3, DUTIES (3).
Formal written opinions.
Tom David explained this section makes it difficult as it presently reads
to protect the attorney-client privilege. He said his office has gone around
the Charter by issuing informal opinions which are not required to be made
public : He would like.the Charter amended to protect the attorney-client
privilege. Helen Norton asked if there were instances where the opinions
should be made public. Mr. David said there could be. Ron Cooke said this
should not be mandatory but discrestionary.
Dick Boettcher made a motion to change this section as stated below:
The County Attorney shall, upon request of elective county officers, issue
formal-written opinions on questions of law; ( . ) wkieh-ehafl-be-ea atned
by-the-Getntty-as-pue 4e doeumente,
Barbara Sloan seconded the motion and it carried unanimously.
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11. Article V, Department of Law, Section 5-3, DUTIES (5)
Representing the County Commissioners and/or County Council in a dispute.
Ron Cooke pointed out that the County could not require the District Attorney
who is a state official to act in any capacity as stated in the Home Rule
Charter. Mr. lacy suggested the addition of a statement such as "such county
officials may be represented by Counsel of his own choice". It was the
general consensus of the Committee members that this section was needed and
should be retained. They felt it could work as it reads now. Verdie Peddycord
made a motion to make no change in this section. Helen Norton seconded the
motion and it carried unanimously.
12. Article V, Department of Law, Section 5-4, SPECIAL COUNSEL.
Should special counsel be hired through the ordinance or resolution
procedure.
After a short discussion, the Committee members decided to make no change
in this section. It was their opinion that with the change recommended
in the ordinance procedure,the problem would be solved. On motion duly
made and seconded, the notion passed uananimously to make no changes in
the portion of the Charter.
13. Article VI, Elective Officers, Section 6-1, ELECTIVE OFFICERS.
Should the Coroner and/or Sheriff be appointed instead of elected.
The majority of the Committee members felt this section should remain
the sane. Dick Boettcher pointed out that he did not believe an
office as large as the Sheriff's should be elective but should be under
the control of the Board of County Commissioners. He stated he sees
a day in the future when this will be an appointed office but did not
move for a change at this time.
Barbara Sloan made a motion to make no changes in the section of the Charter.
Blair Macy seconded the motion and it carried unanimously.
14. Article VI, Elective Officers, Section 6-6, COMPENSATION.
Setting salaries for elected officials.
The Study Committee realized a need for a deadline for setting.the salaries
of elected officials especially in election years. There was some discussion
of where the responsibility should be, the County Council or the County
Commissioners. Glenn Billings suggested they consider having the Board of
Commissioners set the. Salaries. He said they are usually the lowest paid
of all county officials and it would keep them responsible to the voters.
He also suggested they be set yearly. Consideration of a cost of living
increase was also discussed.
Helen Norton Suggested that they should at least consider the state minimum
figure in their discussion. Ron Cooke said the state minimums are purely
political decisions. Mr. Billings responded by saying he thought elected officials
salaries should be completely out of the political process. Blair Macy stated
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14. (CONTINUED)
although the alternatives discussed do have merit, he does not want the
decision making authority taken from the County Council at this point.
Barbara Sloan made a motion to hold this matter over for further discussion
at the next meeting. Dick Boettcher seconded the notion and it carried
unanimously.
15. Article VII, County Assessor, Section 7-3, CHIEF DEPUTY, and Article XI,
County Treasurer, Section 11-3, CHIEF DEPUTY.
Qualifications.
•
Helen Norton said the County Treasurer Mike Loustalet felt the requirements
were too restrictive. He had stated that with the qualifications listed
it would be difficult to find someone to fill the job and accept the salary
the county paid. Mike suggested they take out the sections entirely. Mr.
Lacy said the salary mus something the Committee could do nothing about.
. Verdie Peddycord made the motion for no change in this section and
Helen Norton seconded the motion. It carried unanimously.
16. Article VIII, County Council, Section 13-8, POWERS AND DUTIES.
Review for changes.
Helen Norton made a motion and Verdie Peddycord seconded it to discuss
this section at a future meeting. The motion passed unanimously.
17. Article XIV, Finance and Budget, Section 14-9, BIDDING PROCEDURES.
Th ergency Bidding Procedures (Election Ballots, Floods, etc. )
Gordon Lary said he thought a future discussion of this item should
be undertaken. Verdie Peddycord made a motion to discuss
this at another meeting, Barbara Sloan seconded the motion and it passed
unanimously.
18. Article XIV, Finance and Budget, Section 14-7, LIMITATIONS ON ANNUAL TAX
LEVY.
Review for changes.
Barbara Sloan made a motion for no change in this section. Verdie Peddycord
seconded the notion. • Dick Boettcher requested further discussion on this
item because he felt.the 5% limitation was too low. He said with the cost
of living increasing even the 7% set by the state may be too low. Gordon
Lacy called for a vote on the motion and the vote was as follows:
Gordon J Lacy No Blair Macy No
Verdie Peddycord Yes Dick Boettcher No
Barbara Sloan Yes Helen Norton Yes
John Kunzman No
The notion was defeated-on a 4-3 vote. Dick Boettcher new. made a notion
to consider this section at a future date. John Kunnnan seconded the
notion and it passed -unanimously.
19. Article XVI, General Provisions, Section 16-9, CONFLICT OF INTEREST.
Different than state statute.
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19. - (CONTINUED)
Barbara Sloan made a motion to discuss this at a future meeting and
Verdie Peddycord seconded the motion. The motion passed unanimously.
The Committee will hold its next meeting on Wednesday, March 15th in the Third
Floor Conference Room of the Centennial Center beginning at 7:00 P.M. On notion
duly made and seconded, and there being no further business, the meeting was
adjourned at 9:10 P.M.
APPROVED:
WELD COUNTY HOME RULE CHARTER
AMENDMEN�_STUD rralb
Vice-Chairman
No
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