RESOLUTION
RE:
SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME THE ELECTORS OF THE ELECTION ON NOVEMBER 7, 2017
RULE
CHARTER
TO
the Board of County Commissioners of Weld County, Colorado, pursuant to WHEREAS, Colorado statute and the Weld County Home Rule Charter, is vested with the authorityof of Weld County, Colorado, and administeringthe affairs ArticleXVll, Section 17-1(1)(b)of the Weld County Home Rule Charter WHEREAS, provides forthe submittalto the qualifiedelectorsproposed Home Rule Charter amendments by Resolution of thisBoard, and the Board determines that the followingproposed amendments WHEREAS, to repeal ArticleXIllin itsentiretyand Sections 14-7(2)(b),16-10(11),and 16-10(12) of the Weld County Home Rule Charter, and to repeal and reenact Sections 3-8(4)(p),3-9(1),3-15(1),6-1, 6-3, 65(4),6-6(1),and 14-7(2)(a)of the Weld County Home Rule Charter,eliminatingthe Weld County Council and allreferences thereto,shallbe referredto the ballotfor the November 7, 2017, Election(highlight and/or strikeoutshow changes): Section 3-8.- Powers and Duties. (4) Without limitingthe generalityof the foregoing or diminishing the totalauthorityand of the Board as herein provided,the powers and dutiesof the Board shall responsibility includedutiesand powers to: (p) Provide forreimbursement of actualexpenses of food, travel,and lodging necessary forperformance of the dutiesof a County Commissioner, Geunty-Geuneilman- county officer, county employee, or member of an appointed board or commission. Section 3-9.- Compensation. (1)Compensation of members the State of Colorado.
of the Board shallbe fixed by the-Geunty-Geensilthe laws of
Section 3-15. - Vacancies. (1) A vacancy inthe officeof County Commissioner shallbe filled Geensi4 inaccordance with the laws of the State of Colorado.
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SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME ELECTORS OF THE ELECTION ON NOVEMBER 7, 2017 PAGE 2
RULE
CHARTER
TO THE
Section 6-1. - ElectiveOfficers. The ElectiveOfficersof the County of Weld, Colorado, shallbe fiveCounty Commissioners; one County Coroner; one County f+ve-Geunt-y-Genc-ilmemone County Clerk,one County Sheriff; Treasurer; and one County Assessor. The salary or compensation, term of office and of such officersshallbe as provided inthisCharter.Notwithstandingthe foregoing qualifications or any other provisionof thisCharter to the contrary,effectiveJanuary 1,2003, the Coroner shall be appointed and the officeoperated in accordance with the terms of ArticleIV 4.1(4) of this Charter. Such appointment shallbe subject to the rules established in the personnel system described in ArticleIV 4-2B(2) of this Charter. Notwithstanding the foregoing or any other provision of this Charter to the contrary,effectiveJanuary 1, 2003, the Treasurer shall be appointed and the officeoperated inaccordance withthe terms ofArticleIV 4.1(4) ofthisCharter. Such appointment shallbe subjectto the rulesestablishedinthe personnel system described in ArticleIV 4-2B(2) of thisCharter. Section 6-3.- Vacancy. Vacancies in electiveoffices,except County Commissioners be filled by the Board as provided by thisCharter.
and4eunty-Geuneilmen,
shall
Section 6-5.- Qualifications. (4)
e-Each county officeshallbe the primary employment the officer the term forwhich he iselectedor appointed. during
of
Section 6-6.- Compensation. (1) Compensation of allelected officers Geunty-Geuneil-thelaws of the State of Colorado.
shallbe fixed by the
Repealed initsentirety. Section 14-7.- Limitationon Annual Tax Levy. (2) Increased levy;procedure. (a) Ifthe Board be of the opinion,the amount of tax limitedby the preceding Section will be insufficient forthe County needs forthe currentyear itmay submit the question of an increased levy to the
nereased-4evy to the qualifiedelectorsof the County at a general or specialelection calledforthatpurpose. However, no such excess levyshallbe granted which willallow a greater revenue than would be produced by applying the previous year milllevy to the currentyear'sassessed valuation. 2017-2970 BC0013
SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME ELECTORS OF THE ELECTION ON NOVEMBER 7 2017 PAGE 3
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CHARTER
TO THE
Repealed Section 16-10. - Definitions. Unless the contextotherwise requires,the words or phrases defined hereinshallbe given the meaning set forthinthisSection. (11)
Repealed.
(12)
Repealed.
, and the Board determines thatthe followingproposed amendment to repeal and WHEREAS, reenact Section 16-9 of the Weld County Home Rule Charter,to requireallElectiveOfficersand employees of the County of Weld, Colorado, to comply with the ethics rules,standards, and but not limitedto,Article penaltyprovisionssetforthinthe laws ofthe Stateof Colorado, including, XXIX "Ethicsin Government" of the Colorado Constitution, shallbe referredto the ballotforthe November 7, 2017, Election(highlight and/or strikeoutshow changes) Section 16-9 - Genf4ist44nterest EthicsRules and Standards
enterpr4see
an zat n
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SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME ELECTORS OF THE ELECTION ON NOVEMBER 2017 7, PAGE 4
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CHARTER
TO THE
AllElectiveOfficersand employees of the County of Weld, Colorado, shallcomply with the ethicsrules,standards, and penaltyprovisionssetforthinthe laws of the State,including, but not limitedto,ArticleXXIX "EthicsinGovernment" ofthe Colorado Constitution. The Board of County Commissioners shall not have the power and authorityto adopt ordinances or resolutions exempting the ElectiveOfficersand employees of the County of Weld, Colorado, from the provisionsof ArticleXXIX "Ethicsin Government" of the Colorado Constitution. , and the Board furtherdetermines thatthe Clerk to the Board shallpublishthe full WHEREAS, textof the proposed amendments within30 days of thisResolution,along with noticethatthe issues of such proposed amendments shallbe determined at the Electionon November 7, 2017. BE IT RESOLVED NOW, THEREFORE, by the Board of County Commissioners of Weld County, Colorado, thatthe proposed amendments to the Weld County Home Rule Charter which are set forthabove, be referredto the ballotforthe November 7, 2017, Election,and that the questions regarding such amendments be presented inthe forms shown inthe attached Exhibits "A" and "B." BE IT FURTHER RESOLVED by the Board thatthe Clerk to the Board publish noticeof the election, textofthe proposed amendments, within30 days of thisResolution along withthe full inthe legalnewspaper forWeld County. BE IT FURTHER RESOLVED by the Board thateach electorvoting at the electionand desirous of votingforor against said amendment shallcast his or her ballotsas provided by law either"Yes" or "No" on the propositionsshown as "REFERRED BALLOT QUESTION" inExhibits "A" and "B." BE IT FURTHER RESOLVED by the Board thatthe propositionshown as "REFERRED 1A" in Exhibit"A" shallbe deemed "passed" and effectiveon November 7, QUESTION vote of more than fifty 2017, upon the affirmative percent (50%) of the qualifiedelectorsof Weld County who vote on the propositionat the electionon November 7, 2017. BALLOT
BE IT FURTHER RESOLVED by the Board thatthe propositionsshown as "REFERRED 1B" in Exhibit"B" shallbe deemed "passed" and effectiveon November 7, QUESTION vote of more than fifty 2017, upon the affirmative percent (50%) of the qualifiedelectorsof Weld who vote on the propositionat the electionon November 7, 2017. County BALLOT
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SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME ELECTORS OF THE ELECTION ON NOVEMBER 7, 2017 PAGE 5
RULE
The above and foregoing Resolution was, on motion duly made by the followingvote on the 28th day of August, A.D., 2017.
CHARTER
TO THE
and seconded, adopted
BOARD OF COUNTY COMMISSIONERS WELD COLORADO COUNTY, ATTEST: JulieA. Cozad, Chair Weld County Clerk to the Board Steve Moreno, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVEDASTOFORM: Mike Freeman County Attorney Barbara Kirkmeyer Date of signature:
2017-2970 BC0013
Exhibit "A"
REFERRED
WELD COUNTY BALLOT QUESTION
1A
AND SECTIONS XIll IN ITS ENTIRETY ARTICLE A PROPOSAL TO REPEAL 14-7(2)(B), REPEAL AND TO THE WELD COUNTY HOME RULE AND 16-10 OF CHARTER, (12) 16-10(11) AND AND REENACT SECTIONS 6-3, 6-1, 14-7(2)(A) 6-5(4),6-6(1), 3-8(4)(P),3-9(1),3-15(1), THE WELD COUNTY TO ELIMINATE HOME RULE CHARTER, COUNTY OF THE WELD THERETO. AND ALL REFERENCES COUNCIL Shall ArticleXIllin itsentiretyand Sections 14-7(2)(b),16-10(11), and 16-10(12) of the Weld 3-9(1),3-15(1),6-1,6-3,6-5(4), County Home Rule Charter be repealed, and Sections 3-8(4)(p), Rule Charter be repealed and reenacted, to Weld of the Home and 14-7(2)(a) County 6-6(1), eliminatethe Weld County Council and allreferences thereto,thus reading as follows? Section 3-8. - Powers
and Duties.
the generalityof the foregoing or diminishingthe totalauthorityand (4)Without limiting ofthe Board as herein provided,the powers and dutiesofthe Board shall responsibility includedutiesand powers to: (p) Provide for reimbursement of actual expenses of food, travel,and lodging necessary forperformance ofthe dutiesof a County Commissioner, county officer, county employee, or member of an appointed board or commission. Section 3-9. - Compensation. (1) Compensation Colorado.
of members
of the Board shallbe fixed by the laws of the State of
Section 3-15. - Vacancies. in accordance with the (1) A vacancy inthe officeof County Commissioner shallbe filled laws of the State of Colorado. Section 6-1. - Elective Officers. Elective Officers of the County of Weld, Colorado, shall be five County one County Coroner; one County Commissioners; one County Clerk,one County Sheriff; Assessor. The or Treasurer; and one County compensation, term of officeand salary of such officersshallbe as provided in thisCharter. Notwithstanding the qualifications foregoing or any other provisionof thisCharter to the contrary,effectiveJanuary 1,2003, the Coroner shallbe appointed and the officeoperated in accordance with the terms of ArticleIV 4.1(4) of this Charter. Such appointment shall be subject to the rules established in the personnel system described in ArticleIV 4-2B(2) of this Charter. Notwithstanding the foregoing or any other provision of this Charter to the contrary, effectiveJanuary 1, 2003, the Treasurer shallbe appointed and the officeoperated in accordance with the terms of ArticleIV 4.1(4) ofthisCharter.Such appointment shallbe The
2017-2970
Exhibit "B"
REFERRED
WELD COUNTY BALLOT QUESTION
1B
A PROPOSAL TO REPEAL AND REENACT SECTION 16-9 OF THE WELD COUNTY HOME RULE CHARTER TO REQUIRE ALL ELECTIVE OFFICERS AND EMPLOYEES OF THE COUNTY OF WELD, COLORADO, TO COMPLY WITH THE ETHICS RULES, STANDARDS, AND PENALTY PROVISIONS SET FORTH IN THE LAWS OF THE STATE OF COLORADO BUT NOT LIMITED TO, ARTICLE XXIX "ETHICS IN GOVERNMENT" OF THE INCLUDING, COLORADO CONSTITUTION. ShallSection 16-9 of the Weld County Home Rule Charter be repealed and reenacted to require allElectiveOfficersand employees of the County of Weld, Colorado, to comply with the ethics rules,standards, and penalty provisionsset forthinthe laws of the State of Colorado, including, but not limitedto,ArticleXXIX "EthicsinGovernment" of the Colorado Constitution, thus reading as follows? Section 16-9. - Ethics Rules and Standards. AllElectiveOfficersand employees ofthe County of Weld, Colorado, shallcomply with the ethics rules,standards, and penalty provisionsset forthin the laws of the State of but not limitedto,ArticleXXIX "EthicsinGovernment" ofthe Colorado Colorado, including, Constitution.The Board of County Commissioners shallnot have the power and authority to adopt ordinances or resolutionsexempting the ElectiveOfficersand employees of the County of Weld, Colorado, from the provisionsof ArticleXXIX "Ethicsin Government" of the Colorado Constitution.
Yes
No
BALLOT
OF
NOTICE NOVEMBER DOCKET
#:
ISSUE
7, 2017,
FOR
ELECTION
2017-80
In accordance with the provisionsof Colorado Statuteand ArticleXVll,Section 17-1(1)(b) of the Weld County Home Rule Charter, noticeis hereby given that a ballotissue regarding an amendment to the Weld County Home Rule Charter willbe submitted to the qualifiedelectorsof Weld County at the November 7, 2017, Election,pursuant to a Resolution ofthe Board of County Commissioners, dated August 28, 2017. The electionprecinctshallbe the entireCounty of Weld, Colorado. The questions presented shallbe: BALLOT
REFERRED A
PROPOSAL
TO
REPEAL
7(2)(B), 16-10(11) AND AND AND TO REPEAL
ARTICLE
QUESTION
1A
14SECTIONS AND XIll IN ITS ENTIRETY RULE HOME COUNTY THE WELD CHARTER,
16-10 (12) OF SECTIONS
REENACT
WELD 14-7(2)(A) OF THE 6-6(1), AND COUNCIL COUNTY THE WELD ELIMINATE
3-8(4)(P),3-9(1),3-15(1), 6-1, 6-3, 6-5(4), TO RULE COUNTY HOME CHARTER, THERETO. AND ALL REFERENCES
Shall ArticleXIll in itsentirety and Sections 14-7(2)(b), 16-10(11), and 16-10(12) of the Rule Charter be repealed, and Sections 3-8(4)(p),3-9(1), 3-15(1), 6Weld County Home Rule Charter be repealed 1, 6-3, 6-5(4),6-6(1), and 14-7(2)(a) of the Weld County Home all references thereto, thus and Council Weld the and reenacted, to eliminate County reading as follows? Section 3-8. - Powers
and Duties.
totalauthority (4) Without limitingthe generality of the foregoing or diminishing the and responsibilityof the Board as herein provided, the powers and duties of the Board shall include duties and powers to: of actual expenses of food, travel,and lodging (p) Provide for reimbursement necessary for performance of the duties of a County Commissioner, county of an appointed board or commission. officer,county employee, or member Section 3-9. - Compensation.
(1) Compensation Colorado.
of members
of the Board shallbe fixed by the laws of the State of
Section 3-15. - Vacancies. in accordance with the (1) A vacancy inthe officeof County Commissioner shallbe filled laws of the State of Colorado.
Section 6-1. - Elective Officers. Elective Officers of the County of Weld, Colorado, shall be five County one County Clerk, one County Sheriff;one County Coroner; one Commissioners; County Treasurer; and one County Assessor. The salary or compensation, term of office and qualificationsof such officers shall be as provided in this Charter. Notwithstanding the foregoing or any other provision of thisCharter to the contrary, The
effectiveJanuary 1, 2003, the Coroner shall be appointed and the officeoperated inaccordance with the terms of ArticleIV 4.1(4) of thisCharter. Such appointment shall be subject to the rules established in the personnel system described in of this Charter. Notwithstanding the foregoing or any other Article IV 4-2B(2) provision of this Charter to the contrary, effectiveJanuary 1, 2003, the Treasurer shall be appointed and the officeoperated in accordance with the terms of Article shall be subject to the rules IV 4.1(4) of this Charter. Such appointment of this established in the personnel system described in Article IV 4-2B(2) Charter. Section 6-3. - Vacancy. in elective offices,except County the Board as provided by this Charter. Vacancies
Commissioners,
shall be filledby
Section 6-5. - Qualifications.
(4) Each county officeshall be the primary employment term for which he iselected or appointed.
of the officerduring the
Section 6-6. - Compensation.
(1) Compensation Colorado.
ARTICLE
XIll- COUNTY
of allelected officersshall be fixed by the laws of the State of
COUNCIL.
-
Repealed
in itsentirety.
Section 14-7. - Limitationon Annual Tax Levy. (2) Increased levy;procedure. Section (a) Ifthe Board be of the opinion,the amount of tax limitedby the preceding the submit it the current for needs for the County willbe insufficient year, may a at the County question of an increased levy to the to the qualifiedelectorsof general or specialelectioncalledforthatpurpose. However, no such excess levy shallbe granted which willallow a greater revenue than would be produced by applying the previous year milllevy to the currentyear'sassessed valuation.
(b) Repealed. Section 16-10. - Definitions.
Unless the context otherwise requires, the words shall be given the meaning set forth in this Section. (11)
Council - Repealed.
(12)
Councilman
-
No
BALLOT
REFERRED TO
A PROPOSAL RULE
OF
THE
AND
REPEAL
CHARTER
COUNTY
OF
AND STANDARDS, OF COLORADO STATE IN GOVERNMENT"
defined herein
Repealed.
Yes
HOME
or phrases
TO
REENACT ALL REQUIRE
QUESTION
1B
SECTION
16-9 OF
ELECTIVE
OFFICERS
TO
COMPLY
WITH
THE
WELD
AND THE
COUNTY
EMPLOYEES
ETHICS
RULES, COLORADO, THE LAWS OF IN THE SET FORTH PROVISIONS XXIX "ETHICS BUT NOT LIMITED TO, ARTICLE INCLUDING,
WELD, PENALTY
OF THE
COLORADO
CONSTITUTION.
Shall Section 16-9 of the Weld County Home Rule Charter be repealed and reenacted to of the County of Weld, Colorado, to comply require allElective Officers and employees with the ethics rules,standards, and penalty provisions set forth in the laws of the State of the of Colorado, including, but not limited to, Article XXIX "Ethics in Government" Colorado
Constitution,thus reading as follows?
Section 16-9. - Ethics Rules and Standards. of the County of Weld, Colorado, shall All Elective Officers and employees and penalty provisions set forthinthe laws comply with the ethics rules,standards, of the State of Colorado, including, but not limited to, Article XXIX "Ethics in of the Colorado Constitution. The Board of County Commissioners Government" shall not have the power and authority to adopt ordinances or resolutions exempting the Elective Officers and employees of the County of Weld, Colorado, of the Colorado from the provisions of Article XXIX "Ethics in Government" Constitution.
Yes
No
shall Each electorvoting at the electionand desirous of voting for or against said amendment cast his or her ballotsas provided by law either"Yes" or "No" on the propositionshown. If shallbe incorporated intothe Weld County Home Rule passed, the text of the amendment Charter. that copies of the proposed amendment may be examined inthe officeof BE IT ALSO KNOWN the Clerk to the Board of County Commissioners, located in the Weld County Administration Building,1150 O Street,Greeley, Colorado 80631, Monday through Friday,8:00 a.m. to 5:00 p.m. Commissioner may not be included inthe case file.To E-Mail messages sent to an individual into the case file,please send a copy to ensure inclusion of your E-Mail correspondence egesick@weldgov.com. COMMISSIONERS OF COUNTY BOARD COLORADO WELD COUNTY, DATED: September 1, 2017 PUBLISHED: September 6, 2017, inthe Greeley Tribune