2a. Jail--Citizens' group - Laserfiche WebLink

Acquire, hold, operate and dispose of property (HRC Article 2, §1); Control its finances and fiscal affairs (HRC Article 2, {}2); and Exercise in the conduct of its affairs all powers usually exercised by a corporation (HRC Article 2, §8). General Background on "Resolutions" The HRC provides a process for adopting ordinances and resolutions. HRC Article 3, §1, defines a resolution as "any enactment by the Board of County Commissioners or the people which defines policies or procedures governing the actions of persons or bodies for a iimited period of time." HRC Article 3, {}2, outlines procedures for implementing any enactments by the people or the Board of County Commissioners which either expand or curtail any of the powers or authorizations provided for in the HRC. According to that section, any such resolution "introduced through" the Commission must have two readings. The HRC does not expressly require that every resolution proposed by the people must in fact be "introduced through" the Commission for the formal readings. If a resolution is introduced through the Commission, then the first reading consists of the announcement of the tit~e of the resolution at a Commission meeting and publication of a summary of the enactment in the official county newspaper at least 20 days before the second reading. The enactment must be given a second reading, by title, and submitted to a mil call vote. The resolution will fail unless passed by a majority vote. Some Limitations on Commission Powers The Attorney General's Office previously issued an opinion, dealing with a different set of facts, which has some bearing on implementation of the referenced resolution. That opinion, wri[ten to the Hon. EIwood Thorpe on September 13, 1999, establishes limitations on what a given governmental entity can and cannot do that may bind its successors. I am enclosing a copy for your information. In particular, that opinion draws a distinction between a governmental entiys "governmental and legislative powers" and its "business or proprietary powers". It Page 2 of 5