The best government is the government closest to home. That axiom is true, but it has been forgotten by Colorado Governor Polis and his ruing, elitist, democrat cronies in the Colorado Legislature. They’ve never met a centrally controlled power grab they didn’t like.
In light of Weld County’s appearance before the Colorado Supreme Court on Wednesday and what I sense will emerge from the Colorado General Assembly in the session beginning on January 8th, I want to start a frank conversation about what I believe is extreme overreach by the ruling democrat elites in the state legislature and those appointed to the Colorado Supreme Court.
Remember, I am biased. I am an outspoken, conservative Republican. I am on the record with most of my beliefs. I view things through a personal lens formed by my morals and my principles. With that said, I will endeavor to provide an unbiased synopsis of this article in the Greeley Tribune and why Weld County is before the Colorado Supreme Court. Here it goes…
Weld County’s long-standing reliance on its home rule charter is being tested as the Colorado Supreme Court weighs in on whether state law trumps local rules when it comes to redrawing county commissioner district lines.
At the heart of the debate is a 2021 state law aimed at curbing gerrymandering, requiring transparency, public input, and adherence to strict redistricting criteria—including preserving communities of interest and maximizing competitive districts. Plaintiffs argue Weld County commissioners violated the law by failing to provide proper public notice, limiting access to proposed maps, and approving boundaries that split Greeley—a city with a significant Latino population—into three districts. Critics claim the process lacked fairness and transparency, with public opposition largely ignored.
Weld County counters that its home rule charter, adopted in 1976, grants the commissioners autonomy and requires only that districts be nearly equal in population. They argue the state law doesn’t explicitly apply to home rule counties and that following their charter respects local governance. However, opponents point to the charter’s own language, which states commissioners must comply with applicable state laws.
The stakes are high: the court’s decision could either affirm local control under home rule or reinforce state authority in ensuring fair representation. If the court sides with the plaintiffs, changes to the county map could happen before the 2026 election, potentially without voter approval.
This case underscores a larger question: how much autonomy should local governments have, and when does the state step in to protect equity and transparency? The Supreme Court’s ruling will have lasting implications, not just for Weld County but for the balance of power between state and local governance in Colorado.
That is my attempt at objectivity. Now my opinion.
Weld County is about to become the beach head for local control in Colorado. That’s fine, we’re up to the task. I will get in to the nuances of Weld’s argument made to the Colorado Supreme Court in future posts. I want to spend the remainder of this post discussing Weld’s status as a Home Rule County and what that means for the citizens of Weld County.
Home Rule in Weld County
In Colorado, there are 64 counties – only two are home rule. Weld and Pitkin. Becoming a Home Rule County ain’t easy. But after Colorado’s Constitution was changed to allow for Home Rule counties, a group of Weld County citizens decided to tackle the task. I am glad they did. Taken from Weld County’s website, here is a history of that effort:
Following a 1970 amendment to the Colorado Constitution, which allowed for counties to adopt a home rule charter, the residents of Weld County began to study the benefits a home rule form of government could provide. In 1974, residents elected a 21-member commission to begin drafting Weld County’s own set of governing rules.
Seven and a half months of study and scores of public hearings went into the charter before it was presented to the voters in September 1975. Passage of the charter made Weld County the first county in the state to adopt its own home rule charter. Since then, only one other, Pitkin County, has followed course. Weld County’s Home Rule Charter went into effect on January 1, 1976.
The charter brings government closer to the residents of Weld County and gives them the authority to manage their own affairs. Changes in the charter are permitted by a majority vote of the residents.
Prominent among the changes brought about by Weld County’s home rule charter were:
- Enlargement of the Board of County Commissioners from three to five
- Establishment of a five-member, non-partisan, unpaid Weld County Council
- Abolition of the post of county surveyor
- Consolidation of the existing 12 departments into five, each to be the responsibility of an elected commissioner
- Provision for a full-time county attorney and staff, rather than hiring an attorney on an hourly basis
- Expansion of the number of members on citizens’ boards to bring better representation in the fields of planning, health, and zoning adjustment
- Establishment of a county personnel division to provide standards for employment qualifications and pay
- Provision for enactment of ordinances to establish policy and giving preference to local bidders if price and quality are competitive
Please learn more about Weld’s Home Rule status HERE.
Home Rule vs. Statutory – what’s the diff?
In Colorado, counties are categorized as either home rule counties or statutory counties based on their governance structures and the extent of their self-governance. Understanding the distinction between these two types of counties is crucial for comprehending local governance within the state.
Statutory Counties
Definition:
Statutory counties operate under the default framework established by Colorado state law. They do not have their own charters and must adhere strictly to the powers and structures outlined in state statutes.
Key Characteristics:
- Limited Authority:
- Statutory counties can only exercise powers expressly granted to them by the Colorado Revised Statutes (CRS) Title 30.
- Their ability to legislate on local matters is confined to what is specifically authorized by state law.
- Governance Structure:
- Typically, statutory counties follow a standardized form of government as prescribed by the state, such as the Board of County Commissioners model.
- The roles, responsibilities, and election processes for county officials are defined by state statutes.
- Uniformity:
- Since they operate under the same set of state laws, statutory counties tend to have similar governmental structures and procedures across Colorado.
- This uniformity can simplify interactions with state agencies and other counties.
Home Rule Counties
Definition:
Home rule counties have adopted their own home rule charters, which function similarly to local constitutions. These charters grant them broader authority to govern local affairs independently of many state-imposed restrictions.
Key Characteristics:
- Expanded Authority:
- Home rule counties possess greater autonomy to legislate on a wide range of local issues, provided they do not conflict with state or federal laws.
- They can pass ordinances, regulations, and policies tailored to the specific needs and preferences of their residents.
- Colorado Constitution, Article XXIV outlines the provisions for home rule.
- Flexible Governance Structures:
- Home rule charters allow counties to design their own governmental structures, which can differ significantly from the standard models.
- This flexibility can include different forms of executive leadership, legislative bodies, and administrative arrangements.
- Local Control and Innovation:
- Home rule counties can implement innovative solutions and governance practices that better address local challenges.
- They have the authority to manage local resources, zoning, public services, and other community-specific functions with minimal state interference.
- Charter Amendments:
- Changes to a home rule county’s charter typically require a local vote, enabling residents to have a direct say in their governance framework.
- This process fosters greater community engagement and responsiveness to local needs.
Key Differences Between Home Rule and Statutory Counties
| Aspect | Home Rule Counties | Statutory Counties |
|---|---|---|
| Authority Source | Home rule charter (local constitution) | Colorado Revised Statutes (state law) |
| Autonomy | Greater autonomy to legislate on local matters | Limited to powers explicitly granted by state |
| Governance Flexibility | Can design unique government structures | Must follow standardized state-prescribed structures |
| Legislative Powers | Can pass a wider range of local ordinances and regulations | Restricted to legislating within the scope of state statutes |
| Amendments | Changes to governance require local approval (e.g., vote) | Governed by state law, with limited local input on structural changes |
Choosing Between Home Rule and Statutory Status
Counties in Colorado may choose to adopt home rule status to gain more control over their governance and address unique local needs more effectively. However, adopting home rule requires meeting specific criteria and often involves a local referendum. The Colorado Department of Local Affairs provides guidelines and resources for counties considering home rule status.
Statutory counties, while more limited in their authority, benefit from a streamlined and uniform governance structure that aligns closely with state policies and procedures.
Conclusion
The primary difference between home rule and statutory counties in Colorado lies in the degree of self-governance and legislative authority they possess. Home rule counties enjoy greater autonomy and flexibility to address local issues through their own charters, whereas statutory counties operate within the confines of state-established laws and structures. This distinction allows for varied approaches to local governance across Colorado, enabling counties to choose the framework that best suits their communities’ needs.
With all this said…
We believe the state is overreaching. We believe that, based on the line of questioning by Colorado Supreme Court justices on Wednesday, they’ll likely attempt to overturn the decisions of the Weld Board of County Commissioners. The same troop of black-robbed regimented partisans that tried to keep President-Elect Trump off the ballot in Colorado will try to overturn the will of the citizens of Weld County. I won’t stand for it.
More to come in this space, but it is high time Weld County rightfully leads in the pushback against against the ruling class elitists in Denver-Boulder.
For more detailed information, you can refer to the following resources, which I used to compose this post:
- Colorado Revised Statutes – Title 31: Local Government
- Colorado Revised Statutes § 31-33-101
- This specific section wasn’t directly found, but you can explore the Colorado Revised Statutes for more details.
- Colorado Department of Local Affairs – County Government
- National Association of Counties – Colorado Counties
- Colorado Constitution – Article XXI, Section 3
- Home Rule in Colorado
- Colorado Home Rule Charter Guide
- Colorado Department of Local Affairs – Innovation
- This specific section wasn’t directly found, but you can explore the Colorado Department of Local Affairs for more details.
- Amending a Home Rule Charter
- Benefits of Home Rule
- Process to Adopt Home Rule
- Statutory vs. Home Rule Counties
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