Weber County Government Today: Options for Tomorrow

Transcription

1 Weber County Government Today: Options for Tomorrow Original study in March 1981 Revised in October 2014 LWV of Weber County Study Group Di Allison Evelyn Bertilson Marcia Harris Terri Mc Culloch Leah Murray Marilyn O'Dell LaWanna Shurtliff

2 INTRODUCTION The Weber County League of Women Voters (Weber League) believes that the continued concerns with the existing county commission form of local government warrant an update to their previous study entitled "Weber County Government Today: Options for Tomorrow?" That study was conducted in 1981 for three main reasons. First, the structure contained no checks and balances; there was no division of executive and legislative powers. Second, the population of the county had grown, yet the size of the commission remained the same. Third, there was no representation for some of the cities/unincorporated areas. The results of the original study stated: "The League of Women Voters of Weber County supports a change in the form of Weber County government to include the principle of representation by district based on 'one person, one vote' with at-large seats constituting a workable number of council members, the concept of separation of legislative and administrative powers, and the selection of elected officials on a non-partisan basis." The League of Women Voters of Salt Lake (LWVSL) also conducted a study looking at all forms of government in the state, entitled "Modernizing Local Government." It reached a similar consensus as the Weber League study. The current Salt Lake League position statement has been updated four times since it was first published. It now does not include the non-partisan recommendation. That stipulation was removed because legislation passed in 1973 requires partisan elections. The Weber League study has not been updated to address any changes that have occurred after The recent articles and letters to the editor that have appeared in the Standard Examiner represent concerns of the community with the current county organization. Therefore, the League feels this topic needs to be revisited. The same three reasons initiating the first study in 1981 are still viable: the separation of legislative and executive functions, the population growth in the county and the representation of all citizens The League study group believes that nothing has changed and the problems have not been addressed. Weber County population has continued to increase and the commission has maintained the same structure. The legislative and executive functions still reside in the three-person county commission. The purpose of this revision: 1) Look at the current structure of Weber County government; 2) Review changes in state laws; 3) Outline forms of county governments in Utah; 4) List procedures to restructure county government; 5) Finalize a position statement from which to lobby. WEBER COUNTY GOVERNMENT States have continued to preserve their rights at the state level to govern important matters. One of these rights is to have power over local government within the state. States are allowed by law to regulate their counties, cities and towns in any manner that they choose under the state constitution. Each state provides the approved formats for local government structure with laws and codes that

3 must be followed. Local government must adhere to these rules while also representing the people they serve. Prior to 1972, the commission form of county government was the sole form in the state of Utah. In 1972, the Utah State Constitution was amended to allow the state legislature to outline options available for local government structure. Each county is allowed to decide, by referendum, the structure that best meets the needs of its population within these options. The Utah Code dictates that all elections of county officials shall be partisan, there be no term limits and no recall elections. Current Structure of Weber County Government The structure of Weber County government in 2014 is the same as it was in Section requires that each county shall operate under the county commission form unless it adopts another form, which Weber County has not done. There are three elected commissioners. These three commissioners are elected "at large" from the entire county. Two are elected at the same time and the other one is elected two years later. The commission acts as the legislative arm and performs the administrative duties concurrently. In essence, they develop the policies and then perform administrative functions to ensure compliance. One member is chosen as chairman and is selected by votes of the commissioners. This person acts as the representative for the commission. The current meeting times are Tuesday mornings at 10:00 a.m. These are open to the public. The job descriptions of the commission, per the county website, include: 1) Acting as responsible body for all legislative and administrative duties of the county; 2) Overseeing all county government functions that are handled by other elected officials; 3) Appointing administrative leaders to departments that do not have elected managers; 4) Levying taxes; 5) Making appropriations; 6) Authorizing bonds; 7) Controlling county property; 8) Processing claims; 9) Approving the county budget. Special Function Boards In 1981, there were 17 local special function boards. This has now grown to 34 in The members of these boards are appointed by the county commission and they are not paid for their service. Each individual board determines its chairperson and the length of terms served by each member. These boards study and make recommendations concerning policy and changes in their subject areas. One commissioner serves on each of the boards and is supposed to present recommendations from the board to the commission. Public hearings are held when necessary. The special function boards cannot operate without the involvement and approval of the commission. This growth in the number of special boards indicates a two-fold increase in responsibilities and workload on the three person commission.

4 Elected Officials The state constitution allows for the following county elected officials: - Assessor - Attorney - Clerk - Auditor - Recorder - Sheriff - Surveyor - Treasurer These individuals all serve four-year terms and have salaries determined by state legislation, while the county commissioners determine their own salaries. Deputies to the elected officials are selected through the county personnel officer and they can be removed by department heads, however, they have the right to appeal this action to the commission. POSSIBLE FORMS of COUNTY GOVERNMENT There are four plans of county government allowed by the state legislature. (See attachment 1) These are: 1) County Commission Form - Three commissioners elected by voters at large; 2) Expanded County Commission Form - Five to seven commissioners elected by voters at large; 3) Council Executive/Council Form - Elected county council with an elected executive (sometimes called a mayor); 4) Council/Manager Form - Elected county council with a manager appointed by the council. CHANGING THE FORM OF COUNTY GOVERNMENT There are two ways that the county government can be changed. The first is initiated by the county commission. The second is initiated by the registered voters of the county. Regardless of the way the proposed change was initiated, if it fails at the polls, another change cannot be proposed for another four years (see attachment 2). If the county commission proposes the change in the structure of the county government, the proposal to form a study committee will be placed on the ballot for a vote of the electorate. If the registered voters propose a change, they must first file a petition for a study committee to look at the optional forms of local government. This petition must: 1) Be signed by at least 10 percent of the total number of voters that cast ballots in the county at the most recent Presidential Election; 2) Designate up to five of the petition signers as sponsors, one of whom will be the contact sponsor; 3) Be filed in the office of the clerk of the county.

5 Thirty days following the submission of the petitions, the county clerk will determine if the petitions contain the required number of signatures. If they do, the information will be passed to the commission. If not, there are 20 days to collect additional signatures and refile the petition. If petitions meet the criteria required, the county commission will be bound to hold a special election. The county clerk will prepare the ballot that asks the question "Shall a study committee be appointed to consider and possibly recommend a change in the form of government in Weber County?" Whether the change is proposed by the commission or the petitioners, the same process will be followed. If the voters want a study conducted, an appointment council will appoint the study committee members. The members of the appointment council consist of: 1) A resident designated by the majority of the state senators and representatives from the districts within the county; 2) A resident designated by the county commission; 3) A resident designated by the petition sponsors; 4) Two other residents designated by the three individuals above. Once the initial three members are determined for the appointment council, the county commission will convene a meeting of these individuals. Within 10 days, these three members must appoint the other two members. The appointment council then has 10 days to select the members of the study committee. The study committee consists of at least seven and not more than 11 members. No compensation is allowed to the committee members besides reimbursement for necessary expenses. The county commission will provide necessary accommodations and help to the study committee. The committee will study other plans for county government, do the comparisons, hold public meetings and file a written report to the county commission no later than one year after the convening of the first study committee meeting. If the study committee recommends an optional plan, after the research is conducted, members must give specific details on how the plan would be implemented, including a timeline. The plan will also be reviewed by the county attorney for any constitutional concerns. The county commission may then pass a resolution to submit the study committee s plan to the voters. This vote will be conducted at the next regular general election. The county clerk will prepare the ballot with the question, Shall Weber County adopt the alternative form of government known as the that has been recommended by the study committee? Should the county commission fail to pass a resolution to submit the study committee s plan to the voters, county registered voters may file a petition to submit the recommended plan to voters. This petition would require the same number of signatures as the petition proposing a change ten percent of the votes cast in the last Presidential Election. The county clerk may prepare a voter information pamphlet. If an optional form of government is approved by the voters, the timeline set by the study committee report will begin.

6 CHANGES OF COUNTY GOVERNMENTS IN UTAH The past history associated with local government structure began with the Utah Constitution, which charged the State Legislature with instituting systems to ensure uniformity throughout the state. That form consisted of three commissioners and eight elected officials. In 1972, the legislature allowed some optional structures. Each county, by referendum, can select the form that best fits their needs. In 1980, the Ogden Chamber of Commerce commissioned Dan Jones & Associates, Inc. to conduct a survey of residents of Weber County, Utah to determine the level of job performance and an overall approval rating of the Weber County Commissioners and the feasibility of a change in the structure of Weber County government. Following that survey, the Weber League undertook a study with a two-fold purpose: to educate the public about Weber County government and to consider a change in the structure of county government to better meet the needs of the community. That 1981 study conclusion is quoted in the Introduction of this revision. In 1998, there was a proposed change on the ballot to move to a seven member council with an elected county executive. The proposal, although defeated, received 48 percent approval by the voters. It was noted that this proposition was at the very bottom of a ballot, containing numerous other proposals. Research shows that a significant number of voters did not complete the entire ballot and might not have seen the proposal. There are six counties in Utah that have a different system than the standard three commissioners. This means that 21 percent of our state is being governed by an alternative form of government. These counties are Cache, Grand, Morgan, Salt Lake, Summit and Wasatch. Five of these counties have populations that are smaller than that of Weber County. Four of these counties have elected executives, and thus more closely adhere to the League s standard of separation of powers. The different forms are as follows: Cache has a seven-person county council and one elected county executive. Grand has a seven-person council and one administrator hired by the council. Morgan has a seven-person council with no separate executive. Salt Lake has a nine-person council and one elected mayor. Summit has a five-person council with an appointed county manager. Wasatch has a seven-person council and an elected county manager. DEMOGRAPHICS OF WEBER COUNTY The population of Weber County in 1980 was 144,616, in 2000 it was 196,533 and in 2010 it had grown to 232,696. This is 62.1 percent growth from 1980 to The formation of the commission has remained the same throughout this degree of population growth. The Utah Governor's Demographic and Economic Analysis (DEA) projects that Weber County will have 37 percent growth by 2030 over the 2010 census population (see attachment 3). IN SUMMARY Utah has experienced strong growth patterns and is predicted to continue this trend into the future. This population growth will bring economic advantage to the state. It will also bring demands for increased services. Local communities will feel the impact of these demands immediately and most severely. Counties have a high, but relatively undeveloped potential for solving the problems of rural,

7 urban and most metropolitan communities. Generally, counties are larger in area and population and have a larger tax base than other local units. In America, counties provide key essential services to the nation's communities and should be serving all the people within that community according to the National Association of Counties. Their publication also indicated that approximately 40 percent of all counties in the nation have separated the executive and legislative functions in order to separate powers and provide checks and balances. We need to ask ourselves if changes could be made in the existing county commission form of government to better and more efficiently meet the needs of Weber County citizens during the next decade. Do principles embodied in other management forms better meet the objectives for good government? Would a change in structural form of county government meet the needs of Weber County? No one form or plan of organization will automatically guarantee good government for any particular city or county. Examples of good and bad government under each of the various plans may be cited. The particular form is simply a tool in the hands of citizens and public officials. They should assess their needs and then decide which tool will best fit these needs at that given point. When citizens are apathetic and fail in their responsibilities to the democratic process, then a breeding ground is laid for poor government -- regardless of form.

8 Possible Forms of County Government from Title 17, Chapter 52, Section 102 of the Utah Code County Commission Expanded County Commission Council-Manager County Executive and Council

9 The Process to Change the Form of County Government See: Counties - Changing Forms of County Government (Title. 17 Chapter 52) Election Code - Issues Submitted to the Voters (Title 20A Chapter 7) Please note that this information is intended as a general familiarization guide. It does not contain all of the information and requirements found in the referenced sections of Utah State Code. Version 1.0 2/12/2014 ~~~L.L

10 Process to Change the Form of County Government (See Title 17 Chapter 52) County Legislative Body Adopts a resolution to ask voters whether to establish a study committee. (202) I County Registered Voters File a petition to ask voters whether to establish a study committee. (203) [See Petition Information.) I 33 days + 30 days Special Election Whether a Study Committee should be established. (203.5) (20A-1-203): 4th Tuesday in June pt Tues after the pt Mon in Nov r--f FOR jl... I...J AGAINST L... Wait 4 years!, "" l r--'" (201)7,_ ~,--~ ;===~~-J Create Study Committee Create the Committee options. (301) [See Study Committee to study the Information.) 60 days Study Committee Meets Study Committee evaluates options & makes a recommendation: (303) [See Study Committee Information.) Up to 1 year Reviews report County Attorney and sends a written assessment to the Clerk. (204) I 15 days County Clerk Forwards the report to the County Attorney. (204) 10 days No Issues The plan may be the subject resolution or petition. (204) 1 of a Issues Committee may revise and resubmit the plan. (204) (Timeline uncertain.) County Legislative Body Adopts a resolution to submit the recommended plan to voters. (206) County Registered Voters File a petition to submit the recommended plan to voters. (206) [See Petition ~ County Clerk ~ : May create a Voter Information : ~ Pamphlet. (205) : Information.) End of Aug to be on ballot Regular General Election Held on the pt Tues after the pt Mon in Nov After 2+ months Canvass I14 days JI+--I~ FO_R_""J..,_-_,_ ~ AGAINST ~ Wait 4 years (201) File Plan with Lt Governor... Clerk files certified copy of the Plan with the Lieutenant Governor. (204) 10 ~ days Regular General Election Elect county officers specified in the plan. (207) Held on the 1't Tues after the pt Mon in Nov 1 year

11 Process to File a Local Initiative Petition (See Title 20A Chapter 7 Section 500) r Sponsors: Submit Application to Petition Clerk: Copy to Budget Officer Persons wishin'g to circulate an initiative petition shall 1-+ Clerk submits a copy of the application file an application with the Clerk. (502) to the Budget Officer. (502.5)... Signatures equal at least 10% of the total number of votes cast in the count at the most recent Presidential election. " 3 work days Budget Officer: Fiscal Impact Clerk: Provides Materials 25 Clerk provides the sponsors with: Not The Budget Officer prepares the fiscal I+- impact estimate, delivers a copy to the calendar (a) one copy of the initiative petition specified Clerk, and mails a copy to the first five (b) one signature sheet. (504) days sponsors on the application. (502.5) ~! I Sponsors: Create Copies ~ Sponsors arrange and pay for the Not Appeal to Supreme Court "" printing of all additional copies of the specified Three or more sponsors may file a 20 petition and signature sheets. (504) petition with the Supreme Court, calendar alleging that the initial fiscal impact! days estimate is inaccurate. (502.5) Clerk: Numbers Packets "" Clerk numbers each initiative packet, 5 work returns them to the sponsors; and Supreme Court Estimate days keeps a record of the numbers... Supreme Court certifies to the Clerk an assigned to each packet. (504)! Sponsors: Obtain Signatures Sponsors deliver signed and verified packets to the Clerk. (505 & 506) ~ ~ initial fiscal impact estimate. (502.5) \ days or Apr 15 ( ] [ INSUFFICIENT 1! T Not specified Clerk: Checks All Names ~ Clerk determines Utah residency & that May 1.. signers are at least 18 years old. (506) l Clerk: Evaluates Packets Within Clerk: Verifies Signatures " Clerk counts the number of certified 30 days...- Clerk determines whether each signer May 15 names & marks the application of filing is a voter; certifies whether each name "sufficient" or "insufficient." (507) ( ) is that of a voter. (506 & 506.3) _.,. I Appeal to Supreme Court 1 "" If Clerk refuses to accept & file any 10 days SUFFICIENT i- initiative petition, any voter may apply from to Supreme Court for an extraordinary refusal writ to compel him to do so. (507) ~ I ~ Clerk: Places Question on Ballot, A petition determined to Sponsors: Amend or Supplement be sufficient is qualified Petition may be amended or supplemented, or an " for the ballot. (507) a) amended or supplemental petition may be further ~ amended or supplemented, with additional signatures and refiled. ( ) Clerk: Does Not Place " (See 20A for laws on demanding a recount.) ~ Question on Ballot ~ Clerk immediately notifies anyone A Valid Petition Requires of the sponsors of the finding. (507). Signed by registered voters residing in the county. '" 20 days

12 [. Process to Create the Study Committee (See' Title 17 Chal2ter 52 Section 300) J Initial Appointment Council Not Appointment Council (101), The Appointment Council must be specified The "Appointment Council" consists offive county created in time to meet within 10 days (during residents, appointed as follows: after canvass of the election. (301) canvass) (a) One designated by a majority of all state senators "- and representatives whose districts include any part of the county; Appointment Council Meets 10 days (b) One designated by the county legislative body; County Executive convenes a meeting (c) One designated by the petition sponsors; and after of the three members of the (d) Two others designated by majority vote of the three canvass Appointment Council. (301)... Complete Appointment Council The three members of the Appointment Council designate the remaining two members. (301) \.. other members of the Appointment Council../ r "- Study Committee Members (303) Each study committee shall consist of at least seven 10 days but no more than 11 members. A member of a study committee may not receive compensation for service on the committee. The county legislative body shall reimburse each member of a study committee for necessary Appoint Study Committee expenses incurred in performing the member's duties The Appointment Council appoints the 30 days on the study committee. members of the Study Committee "-..I (from 7 to 11 members). (301 & 303) r Study Committee Powers (303)..... "' A study committee may: (a) adopt rules for its own organization and procedure Convene Study Committee and to fill a vacancy in its membership; County Executive convenes pt meeting 10 days (b) establish advisory boards or committees and include of the Study Committee. (301 & 303) ~ on them persons who are not members of the study... committee; and (c) request the assistance and advice of any officers or Conduct Study employees of any agency of state or local Study Committee studies the form of Not government. county government and compares it specified with other forms allowed by law. (303) Study Committee Duties (303) Each study committee shall: "- r: (a) study the form of government within the county File Written Report Up to and compare it with other forms available under Study Committee files a written report 1 year this chapter; of its findings and recommendations with the county executive and the county legislative body. (303) \.. from 1st (b) determine whether the administration of local meeting government in the county could be..j strengthened, made more clearly responsive or accountable to the people, or significantly improved in the interest of economy and Services Provided by County (303) efficiency by a change in the form of The county legislative body shall provide for the government; study committee: (c) hold public hearings and community forums and (a) suitable meeting facilities; other means the committee considers (b) necessary secretarial services; appropriate to disseminate information and (c) necessary printing and photocopying services; stimulate public discussion of the committee's (d) necessary clerical and staff assistance; and purposes, progress, and conclusions; and (e) adequate funds for the employment of (d) file a written report of its findings and independent legal counsel and professional recommendations with the county executive and consultants that the study committee the county legislative body no later than one reasonably determines to be necessary to help year after the convening of its first meeting the study committee fulfill its duties. under Section "'

13 WEBER COUNTY Population Growth by Decade Decade Weber I Farr West I Marriott I Plain City County Slaterville Total Ogden Pleasant I Hooper I Riverdale View Roy South Ulntah IWashingt on Unicorporated Total Percent Increase , Notes: 1. Taken from 2. Taken from

14 DISCUSSION QUESTIONS 1. How would separation of powers change the current local government practices? -Currently we have no checks and balances and this would put some in place. -We would be following the principle learned in fourth grade that the people making the policy should not be the ones to carry out or execute it. -There would be only one executive, whether by appointment or by an election. -It could lighten the load on the members of the commission/board. -It could be less efficient as it would take more time to set policy and implement it. -It would decrease the appearance of a possible conflict of interest. -It could promote better communication. 2. Does the size of the commission increase/decrease the effectiveness of local governance? -This could increase the level of communication necessary to make decisions. - It could produce better communication with each other. -This is a difficult question to answer as effectiveness is hard to define. -It could decrease the number of special boards each member would have to represent. -It could represent more people in the county. -Putting people on a problem doesn t always fix it, so an increase could decrease the efficiency. 3. Do a significant number of Weber County citizens appear dissatisfied with the current structure of the local governance board? -It does appear there is a significant number of people from different areas and groups that are not happy with the current structure. -There are some that are apathetic and don t care about the structure. -There were numerous letters to the editor with about 9 out of 10 being dissatisfied with the structure. -It seems that active citizens in the county are unhappy. -It is difficult to actually talk to anyone at the county without getting shuffled around, which has caused discontent. 4. Should the size of the local governance body be divided into geographic areas based on population? -This would provide better representation of the entire county. -The largest city, Ogden, is currently not represented at all. -People might feel they have had input on issues. -One of the fastest growing populations, Hispanic citizens, currently has no representation. -Unincorporated areas would have some input. -Perhaps a mixed representation some selected at large and some by geographic area would provide the best structure.

15 5. What are the advantages and disadvantages of selecting the local governing board by all county voters at large? -It could results in different types of the population represented. -The local board would pay attention to the entire county as a whole. -It could make it so some areas of the county are not represented. -It might be that our county units are small enough that at large would make no difference in the results compared to voting by geographic region. 6. Are alternative forms of government working in our state? -This question is not easy to answer unless a full in-depth study of each type in the state was done. -It does appear that the counties who have alternative forms are working well. 7. What characteristics constitute good government? -representative of citizens -transparency so actions are clear and open for review -effectiveness in meeting the needs of the community -protection of the rights of all citizens including minorities - separation of powers with one executive -decision making with integrity -efficiency - use of funds with prudence -actions that are ethical -possession of open lines of communication. CONSENSUS QUESTIONS 1. Should Weber LWV support the principle of representation by geographic area based on the principle of one person, one vote as it pertains to county governance? -The Weber LWV supports the principle of some form of representation by geographic area based on the principle of "one person, one vote" as it pertains to county governance. 2. Should Weber LWV support the concept of separation of legislative and executive powers as it pertains to county government? -The Weber LWV supports the concept of separation of legislative and executive powers as it pertains to county governance. 3. Should the Weber LWV support a change in the structure form of Weber County government based on the larger population and demographic change. -The Weber LWV supports a change in the structural form of Weber County Government based on the larger population and demographic changes in the county.

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