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Commissioner Replacement Procedures

Posted on 01/08/2020
Commissioner Replacement ProceduresOFFICE OF WELD COUNTY COUNCIL
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
EMAIL: countycouncil@co.weld.co.us
PHONE: 970-400-4780
FAX: 970-352-9019

FOR IMMEDIATE RELEASE

Date: January 07, 2020
Contacts: Council Secretary Linda Kane
970-400-4780

Weld County Council Commissioner Replacement Procedures

Greeley, CO - The Weld County Council (WCC) received a letter from Commissioner Sean Conway on Saturday, January 4, 2020, dated January 6, 2020. The letter announced his intention to resign his elected position as the Weld County At-Large Commissioner. The effective date of his resignation will be January 31, 2020.

His regular and final term in office would have completed on December 31, 2020. The eleven (11) months that will remain in this term shall require that a replacement be selected to complete this term. The WCC has the sole authority in Weld County per the Home Rule Charter to select this replacement.

On August 20, 2018, the WCC approved procedures for the replacement of a vacated seat on the Weld County Board of County Commissioners. Please refer to the attached procedures for further clarification of the process.

Planning and scheduling discussions for the replacement procedure process shall take place at the regular WCC meeting at 6:30 p.m., January 20, 2020, at the Weld County Administration Building. All public is invited to attend. Please continue to review the Weld County Council website for the agenda for this meeting at https://www.weldgov.com/departments/county_council. Date of agenda posting is yet undetermined.

The Weld County Council is a non-partisan, voluntary, elected body that has specific enumerated duties set forth in the Weld County Charter. Please review the Weld County Charter Section XIII (attached) for further information regarding the WCC.


Brett Abernathy, 2019 President
Weld County Council


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Weld County Council Article XIII, County Council
Pursuant to Section 16-7

Every elective county office shall become vacant, on the happening of any one of the following events, before the expiration of the term of office:
(1) The death of the officer.
(2) The resignation of the officer.
(3) The removal of the officer, by recall or otherwise.
(4) The officer ceasing to be a resident of Weld County, or in the case of an officer required to live in a district, ceasing to be a resident of the district from which elected.
(5) The officer’s refusal or neglect to take his oath of office, or renew his official bond, or to deposit such oath and bond within the time prescribed by law.
(6) The final decision of a competent tribunal, declaring void an officer’s election or appointment.
(7) The final decision of a competent tribunal finding an officer guilty of a crime.

Pursuant to Section 3-15 Vacancies
(1) A vacancy in the office of the County Commissioner shall be filled by appointment by County Council.
Pursuant to Section 13-8
(3) A vacancy in the Board of County Commissioners shall be filled by appointment by the Council. Said appointees shall be of the same political party as that of the previous officer, and the appointment shall be effective for the remainder of the term.

Board of County Commissioners vacancy procedure 08/13/2018
1. Upon notification to the County Council by the county attorney of the final determination of commissioner office vacancy as pursuant to Section 16-7 of the Weld County Charter.

2. Notification shall be made for applications for a qualified replacement commissioner within (5) days following the final determination of a vacancy of a commissioner office. Method of notification shall be determined by the County Council. Notification shall be made requesting applicant resumes to be delivered to the Weld County Council office in a sealed envelope by a date specified.

3. Within five (5) days following the closing date of application acceptance, two (2) appointed Weld County Council members shall open and review all applicant resumes. Five resumes shall be selected from the responding applicants. Applicants must be of the same political party as the former commissioner that has vacated the office. Determination of political affiliation shall be based on state requirements of registration deadline for participation in their respective party caucus.
(a) Chosen candidates shall be given a background check by the Weld County Sheriff to confirm eligibility to hold public office.

4. The President of the Weld County Council shall call a special meeting to convene within three (3) business days following the selection of the qualified candidate resumes.

5. The Weld County Council shall receive and review each of the five resumes during the special meeting. A date for interviews of the chosen applicants shall be established at the special meeting. Resumes of applicants not chosen will be returned to applicants at next meeting or destroyed per County personnel document standards.

6. Invitations to each of the applicants shall be made by the Secretary of the Weld County Council for an open interview of each candidate at the next regular County Council meeting.

7. All Weld County Council members shall be in attendance for interviews. In the event of emergency or excused absence from the meeting by a council member, the interviews shall be re-scheduled for the next regular scheduled County Council meeting.

8. One applicant shall be selected for the vacancy on the Board of County Commissioners following completion of interviews. Selection of the candidate shall be made at the end of the meeting following open discussion of each candidate by the County Council. A roll call vote shall be made for each vote made during the officer replacement process.

9. Official notification of selection shall be made by the President at the meeting, as well as by electronic communication to the successful applicant after adjournment of the meeting by the secretary, but not to exceed 24 hours in duration after meeting adjournment.

10. Applicant shall be sworn in at the earliest available opportunity following notification.