HomeMy WebLinkAbout20141198.tiff RESOLUTION
RE: REMOVAL OF KAREN RADEMACHER, LUCILE ARNUSCH, JACQUELINE
MASLOW, BRIAN LARSON, CLAUD HANES, AND STAN SAMESHIMA FROM THE
BOARD OF TRUSTEES OF THE HIGH PLAINS LIBRARY DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, in 1985, the Weld Library District was created by action of six municipalities,
Weld County School District RE-8, and the County of Weld, all in the State of Colorado,
pursuant to the provisions of the Colorado Library Act, C.R.S. §§ 24-90-101, et seq., and
WHEREAS, the name of the Weld Library District was changed in July, 2008, to the
"High Plains Library District" ("HPLD"), and
WHEREAS, as evidenced in the attached letter dated March 17, 2014, from Donald D.
Warden, Interim Director of Finance, the HPLD Board of Trustees has moved away from the
original promise to the six municipalities to allow:
• Municipal retention of the title to its library property;
• Continuation of local boards of library trustees to insure local control; and
• The sharing of the library-related mill levies through a 2/3-1/3 allocation of the property
tax generated from the service area of the municipal libraries; and
WHEREAS, as a result, the Board of County Commissioners believes good cause exists
to remove each of the current HPLD Trustees, including Karen Rademacher, Lucile Arnusch,
Jacqueline Maslow, Brian Larson, Claud Hanes, and Stan Sameshima effective immediately.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board hereby finds that good cause exists to remove each of
the current HPLD Trustees, including Karen Rademacher, Lucile Arnusch, Jacqueline Maslow,
Brian Larson, Claud Hanes, and Stan Sameshima, because said Board of Trustees has moved
away from the original promise to the six municipalities to allow:
• Municipal retention of the title to its library property;
• Continuation of local boards of library trustees to insure local control; and
• The sharing of the library-related mill levies through a 2/3-1/3 allocation of the property
tax generated from the service area of the municipal libraries.
CC._ FL , ' jacc (iIO, CA (66)
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2014-1198
LI0009
REMOVAL OF KAREN RADEMACHER, LUCILE ARNUSCH, JACQUELINE MASLOW, BRIAN
LARSON, CLAUD HANES, AND STAN SAMESHIMA FROM THE BOARD OF TRUSTEES OF
THE HIGH PLAINS LIBRARY DISTRICT
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that, good cause
for removal being shown, the Board hereby votes to remove Karen Rademacher, Lucile
Arnusch, Jacqueline Maslow, Brian Larson, Claud Hanes, and Stan Sameshima from their
positions as Trustees on the HPLD Board of Trustees, effective immediately.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W.A .l ` tp:e1 RECUSED
Dougl Rademac er Chair
Weld County Clerk to the Board
bara Kirkmey r, Pro- em (AYE)
BY:
Dep ty Clerk to the Boar.
lyre -n P. Conway (-7—TAW
TO FORM: ®_ H U~ y lam,.,
Mike Freeman (AYE)
u y Attorney
APR
1 7 2014 i . Garcia (NAY)
Date of signature:
2014-1198
LI0009
861 OFFICE OF FINANCE &ADMINISTRATION
PHONE (970) 356-4000, EXT 4218
FAX: (970) 336-7233
1150 O STREET
U �J+ PO BOX 758
G O U N .,: Y GREELEY, COLORADO 80632
March 17, 2014
Board of Weld County Commissioners
1150 0 Street
Greeley, CO 80632
Dear Commissioners:
This memorandum is a follow up to discussions the Board of Weld County Commissioners has
had with me and others concerning the High Plains Library Board members and the
unwillingness of High Plains Library Board to follow the original intent of the founding principles
of the High Plains Library District. As you are aware, in August and September of 1985, a total
of ten governmental units acted to join the Weld Library District (WLD). Eight of those entities
acted both to legally establish the WLD, and also to participate in the WLD. These entities were
the Weld County RE-8 School District, and the municipalities of Ault, Eaton, Evans, Fort Lupton,
Greeley and Hudson. Two of those entities, the Towns of Johnstown and Platteville, choose to
establish the WLD, opting only to participate in the WLD. In December of 1990, the City of
Greeley choose to "merge" into the WLD, becoming a branch library, and transferring board
control, property, and the City's library-related mill levy share to the WLD.
The creation of the WLD was necessitated by the loss of federal revenue sharing by the county
and the municipalities. With the federal cuts, it required each local government to look at the
priorities of services and the funding alternatives. Rather than eliminate or drastically cut the
library, the Weld County Commissioners recommended the creation of the WLD with its own
property tax source to fund the library system countywide. The County Commissioners and
staff(primarily Commissioner Bill Kirby and myself) met with all municipalities that had operating
libraries, plus Evans, to convince them that the creation of the WLD would allow each to
maintain their own library while securing a dedicated revenue source in the form of a shared
property tax.
Central to the negotiations to create the WLD were the three key conditions that served as the
cornerstone for all the governmental entities to agree to create the WLD. Those three
conditions were:
• Municipal retention of the title to their library property
• Continuation of local boards of library trustees to insure local control
• The sharing of the library-related mill levies through a 2/3-1/3 allocation of the property
tax generated from the service area of the municipal libraries
The municipalities agreed to join in the creation of the WLD only if these three key conditions
were guaranteed by the creating documents. Additionally, the municipalities were ensured
these conditions would be perpetual in the future, independent of changes in governing board
members or library administrators.
From an examination of the current situation, the Board of Weld County Commissioners find it
very troubling the current High Plains Library District Board of Trustees and administration in
their dealings with the municipalities are attempting to unilaterally undo these three key
conditions guaranteed by the creating documents. This is contrary to the creating documents,
and the promises made to each other by the governing boards creating the WLD in 1985. The
elected officials creating the WLD had the foresight to intentionally craft the creating documents
in the manner they did to prevent the very actions the HPLD Board members are attempting.
The HPLD is acting to eliminate local control of the libraries and threatening to change the
property tax allocation due the local libraries, if they do not comply with their new IGA
conditions. This is contrary to the spirit and legal basis that created the WLD.
The Weld County Attorney has reached the same legal conclusion that the High Plains Library
District's attorney has reached:
"HPLD is bound by the provisions of the Weld Library District's 'founding documents',
many of which established "participating/member" library relationships, and set in place
permanent "2/3-1/3" allocation of HPLD's mill levy in certain areas. HPLD may not
unilaterally sever relationships with "participating" libraries or curtail allocation of HPLD's
mill levy in contravention of these original resolutions, even upon expiration of IGAs with
those governmental units."
The Board of Weld County Commissioners has encouraged the High Plains Library District
Board of Trustees to follow the advice of their attorney by recognizing and complying with the
condition set forth in the creating documents when dealing with all of the participating entities.
The Board of Weld County Commissioners has, in writing and verbally, found it necessary to
state their concerns and position regarding this matter in recent months. All of the entities that
came together to create the WLD can be proud of what the High Plains Library District has
become and the valuable services it provides to our citizens. The Board recognizes the
importance that libraries serve in this county, and do not want the library services to be put in
jeopardy, but at the same time it is imperative the conditions agreed upon by all the creating
entities be honored.
Based upon the outline of facts and history above, the Board of Weld County Commissioners
has reached the conclusion that it has no confidence in the current HPLD Trustees. The HPLD
Board members are attempting to take away local control of the libraries and threatening to
change the property tax allocation due the local libraries, which is contrary to the original intent
of the promises, principles, and founding documents that created the HPLD. This lack of
confidence has been deemed by the Board of Weld County Commissioners as one of the
creating legislative bodies as sufficient to constitute "good cause" for removal of each current
HPLD Board Trustee. From discussions, members of the Board of Weld County
Commissioners are confident that the other HPLD creating legislative bodies share the
Commissioners' lack of confidence in the current HPLD Board Trustees.
It is also apparent that when future trustees are being appointed to the High Plains Library
District Board by the creating governmental entities that all prospective board member
applicants be made aware of the key conditions guaranteed in the creating documents and
assurance from the applicant, if appointed he or she will honor those conditions in dealing with
participating entities.
Sincerely,
Donald D. Warden
Interim Director of Finance
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