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Board of DirectorsPresident Jim KullhemProspect Recreation & Park District Vice PresidentMitch Chambers Southgate Sanitation District TreasurerSusan Saint Vincent Elbert County Library District Secretary Jim Whitfield Apex Park and Recreation DistrictExecutive Vice President James P. CollinsCollins Cockrel & Cole

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Staff

Ann Terry Executive DirectorMeredith QuarlesDirector of OperationsMichael ValdezDirector of PolicyMegan LippardEditor and Communications ManagerAnthoney SandovalMembership Services CoordinatorGeorgia KraemerAdministrative Services CoordinatorChris JonesProgram Coordinator Susan ThorntonContributor

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Renew Your SDA District Membership Today and Receive a 25% Discount!

Have you renewed your SDA membership yet? If not, now is the perfect time! If you are a district and you renew by March 1, 2018 (and pay by July 1, 2018), you will receive a 25% discount!

If you are an associate member and are interested in a booth at next year's SDA Annual Conference, make sure you renew by mid February so that you are all set before the exhibitor sign up opens in late February.

Renewing is quick and easy. Simply go online to the SDA website at

www.sdaco.org and click on the red “Renew Today” button. (If you are a district, remember to have your 2018 budget information handy as you go through the process.)

If you have any questions or need any assistance, please feel free to contact Anthoney Sandoval, Membership Services Coordinator, at 303-863-1733.

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Best wishes from Ann Terry, Meredith Quarles, Michael Valdez, Megan Lippard, Georgia Kraemer,

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Evan Goulding, Consultant and former SDA Executive Director.

Ask Evan

Question: > What constitutes a conflict of interest for a Board member of a special district?

> If I think I might have a conflict of interest, what should I do?

Answer: A potential conflict of interest exists when the Director is an executive officer, or owns or controls directly or indirectly a sub-stantial interest in any nongovernmental entity participating in, in-volved in, or being considered for engaging in any business or trans-action with the district. More simply put, if the district is considering entering into a contract or business arrangement with any company or entity in which you as a Director has any ownership, employment, or other interest, which could potentially result in a financial benefit to you, you probably have a conflict of interest that would violate not only your fiduciary duty, but also the statutory provisions pro-hibiting governmental officials or employees from benefiting from their positions of trust.

Since special district Directors are considered to be acting on be-half of the district and its taxpayers and are prohibited from acting in their own self-interest or for their own financial benefit, acts that could potentially violate this trust will almost always put the Direc-tor in a position where the interest of the Director conflicts with the interest of the district.

Colorado’s statutory Code of Ethics lists several actions that are clearly prohibited by a Local Government Official:

» District Board members, as local government officials (elected or appointed), or district employees, shall not:

◊ Perform an official act directly and substantially affecting, to its economic benefit, a business or other undertaking in which you either have a substantial financial interest or are engaged as counsel, consultant, representative, or agent.

◊ Be interested in any contract made in your official capacity or by any body, agency, or board of which you are a member or employee.

◊ Engage in a substantial financial transaction for your private business purposes with a person whom you inspect or supervise in the course of your official duties.

◊ Disclose or use confidential information acquired in the course of your official duties in order to further your personal financial interests.

◊ Accept gifts of substantial value or of substantial economic benefit tantamount to a gift of substantial value, which would tend to improperly influence a “reasonable person” in his public position to depart from the faithful and impartial discharge of his public duties. This is looked upon as bribery.

If you feel that there is any possibility that you have a conflict of interest regarding any action or business of the district Board, you should:

1. Within at least 72 hours prior to the meeting where the subject will be considered, give advance written notice to the district Board and to the Secretary of State. The Secretary of State’s website includes a form for filing notice of your potential conflict of interest, which should be completed and filed electronically. Your district manager or the district’s attorney can assist you in filing this form. §18-8-308(1), C.R.S. Failure to follow these steps of disclosure is a class 2 misdemeanor. §18-8-308(3) C.R.S.

2. When the subject comes up for discussion, you should announce the existence of a conflict of interest, take yourself out of the discussion, and abstain from voting on the issue. You should not do anything to influence the consideration or voting by other Board members, and it is good practice to remove yourself from the Board table or the Board room.

Failure to disclose the conflict as described above is a criminal violation and can be prosecuted. Furthermore, any contract, vote, or other official act in which a Director had a potential conflict, not cured by disclosure, may result in avoidance of the act or the contract being void.


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Important legal guidelines govern elections held by special districts across Colorado. So how do you

keep up with ever-changing requirements?

Meet Micki Mills, with the law firm of Col-lins Cockrel & Cole, who has the answers. A 30-year paralegal with the firm, Mills special-izes in election work, speaking and conduct-ing training for special districts and munici-palities across Colorado, and also serving as a Designated Election Official for numerous clients of the firm.

Getting Started

Election ResolutionMills says the first step in preparing for the May 8, 2018 regular election is for your district’s Board to adopt an Election Resolution that calls the election, states which Director posi-tions are up for election, determines whether the election will be by mail ballot, or—if held at a polling place—the location of that place.

The Resolution must also name a compe-tent Designated Election Official (DEO) to conduct the election, and should authorize

the DEO to cancel the election if there are no ballot issues or questions, and if there are no more candidates than positions to fill.

If the district intends to submit a ballot is-sue (TABOR) or ballot question (non-TABOR) at the election, the Resolution should include the language of such a ballot issue or question.

Mills recommends that the Resolution be adopted before the publication of a Call for Nomination. If, however, your Board is not ready to adopt the Resolution (for example, if the Board is working to finalize language for a ballot issue or question), adoption of the Res-olution can be delayed until later in February.

Call for NominationThe second step is to publish a Call for Nomi-nation one time between 75 to 100 days be-fore the election. This notice should include the name and address of the DEO, the Direc-tor offices to be voted on, how a voter can obtain an absentee ballot, and where Self-Nomination and Acceptance forms may be obtained and the deadline for filing the forms. If the Board has not yet appointed a DEO, the Call should notify voters that a Self-Nomina-tion and Acceptance form is available from the Board’s presiding officer or secretary, and must be filed with that individual.

The May Election Will Be Here Before We Know It...Are You Ready?

By Susan M. Thornton

Micki Mills, Collins Cockrel & Cole


Watch your emails and the SDA website for helpful election resources and dates for Election Judge training, which will be announced soon.

Continued on page 9


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Self-Nomination and Acceptance FormsPersons who wish to nominate themselves for a Board position may not file earlier than January 1, with the last day to file being the normal close of business on the 67th day be-fore the election. Candidates must be an eli-gible elector of the district at the time of sign-ing the form.

Waiver of Director Term LimitsBoard members who are term-limited can-not run in the following election, so it is im-portant to know the term history of each Board member.

However, if your Board wishes to ask vot-ers to waive term limits, Mills says, you can conduct such an election on any future spe-cial or regular election dates.

Since a term limit waiver ballot question is not a TABOR issue, this election can be con-ducted as a polling place or mail ballot election.

Types of Elections

Mail Ballot ElectionIf your district will be including a TABOR issue on the ballot, the election MUST be conduct-ed as a mail ballot election.

A Mail Ballot Plan is required by law, but is not filed with the Secretary of State. Instead, it must be placed on file at the principal office of your district or DEO.

Mills says that the plan must include location(s) where voters can drop off their completed ballots and where a new or replace-ment ballot can be obtained. This location does not have to be within your district’s boundaries, but should be convenient to voters.

Ballots must be mailed no later than 45 days prior to the election to each “active” reg-istered voter who lives within your district and who is designated as a “covered voter” under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). To learn who these electors are, request a list of UOCAVA voters from the Clerk of each county in which your special district is located.

All other ballots shall be mailed to each eligi-ble elector of the district, who are considered “active” registered electors, between 22 and 15 days prior to the election. This will include the non-resident property owner electors.

The order of ballot and ballot content must be as follows:

» The name of each candidate for each office must lead the list.

» Then any ballot issue(s) or question(s) must follow the list of candidates in the following order: Ballot issues to increase

taxes are followed by ballot issues to increase debt, and then by any other ballot issue or question (i.e., opting out from TABOR requirements, waiving or eliminating term limits, etc.)

Polling Place ElectionIf your district has overlapping boundaries with another district conducting a polling place election, the DEOs of each district must meet to determine if it would be practical to hold the elections in a way that lets voters in the overlapping area vote in all elections at one location.

Be sure you have enough polling places for the convenience of your voters. Each polling place must be handicapped-accessible, except for polling places established in an emergency, which are exempt from compliance with the Americans with Disabilities Act.

Just as in mail ballot elections, ballots must be mailed or transmitted to each UOCAVA voter at least 45 days prior to the election.

“Coordinated” or “Working Together” ElectionsSharing polling place locations or sharing Election Judges or Counting Judges does not constitute a “coordinated election.”

A “coordinated election” is one that is con-ducted on the same day by the County Clerk for special districts with the same or overlap-ping boundaries.

The legal definition of “coordinated elec-tion,” according to Mills, refers to elections conducted in November, but a few County Clerks may be willing to assist in the May election. Consult your County Clerk if you need assistance.

Sharing a polling place and possibly Elec-tion Judges has the advantage of being con-venient for voters and may save your district money. (Note: An intergovernmental agree-ment may be needed if your district wishes to share costs).

The DEOs can determine whether the dis-

tricts will share all Election Judges or Count-ing Judges. (Each district must still have its own voter registration list and property own-ers list for use by the judges.) The districts can even share the same ballot box. Using dif-ferent colored ballot paper for each election would be an option.

If your district has exactly the same boundaries and eligible voters as another district, you can make use of the same ballot.

Permanent Absentee Voters (PAV)You will need an Application for Absentee Voter Ballot form for your district. This form may allow voters to apply to be a PAV if they wish. To become a PAV for your district, each eligible voter must apply directly to your dis-trict, not to the County Clerk.

Prior to the election, Mills recommends that you ensure that your PAV list is up-to-date. The DEO must determine who has ap-plied since 2014 to be a PAV in your district, and must also carefully review the list to de-termine if any names should be removed be-fore ballots are mailed.

Reasons for removal from the list include:

» When a voter notifies the DEO that he or she no longer wishes to vote by absentee ballot

» When an absentee ballot is returned to the DEO as undeliverable

» When a voter has been deemed “inactive” by the county clerk; OR

» When the individual is no longer eligible to vote in your district (moves away, dies, etc.)

The DEO then must mail an absentee bal-lot to each PAV for every polling place elec-tion your district conducts. The absentee bal-lots must be mailed not more than 72 hours after the ballots are printed and received by the DEO.

If You Want to Hold a TABOR Election

Mills emphasizes that by law, elections that include a TABOR issue must be conducted by mail ballot.

For the May election, if a TABOR issue will be on the ballot, the candidates’ names must also be on the ballot, even if there are no contested positions. Elections cannot be cancelled in part.

Since the TABOR Notice must be mailed to each household where a registered elec-tor of the district resides, Mills suggests that you order the property owners’ list

Please see pages 13-18 of this issue for both the Polling Place and Mail Ballot Election Calendars, which contain all the important dates to remember for the coming election.

Continued on page 10


and voter registration list earlier than the statutory 40-day deadline from the asses-sor and Clerk of each county in which your district is located.

Overlapping Districts in TABOR ElectionsIf your district has overlapping boundaries with another district conducting a TABOR election, the DEOs of each district must dis-cuss the preparation and mailing of the re-quired TABOR Notice as a package to those voters in the overlapping area.

The districts will need to enter into an in-tergovernmental agreement regarding the procedure and cost-sharing for the election.

TABOR Notices must be mailed to each household with an “active” voter in your dis-trict. This includes property owners who are not residents of the district.

Health Service DistrictsIf your district is a Health Service District, you can ask the voters of your district to allow you to levy and collect a sales tax; this would then be a TABOR election.

For sales tax ballot issues, only people who are registered to vote and reside within your district’s boundaries are eligible to vote. Non-resident property owners are not eli-gible to vote on sales tax issues.

You will need to have a separate ballot for the TABOR/sales tax issue only if you will conduct your election in May, when candi-dates are elected. Non-resident property owners can vote on candidates, but not on the TABOR/sales tax issue, and will require a separate ballot.

Finishing Up!

Mills points out that legal requirements con-tinue to apply both after the election as well as before.

Certify Election ResultsThe Canvass Board (appointed by your DEO and consisting of him or her plus one of your Board members and one eligible elector who

is not a Board member) must certify the offi-cial election results no later than 14 days after the election.

A copy of the Canvass Board’s Certificate of Election Results must be filed with the Divi-sion of Local Government (DLG), which is part of the Colorado Department of Local Affairs.

For elections that authorize debt, send the results by certified mail within 45 days after the election to the Colorado Division of Se-curities and the Board of County Commis-sioners in each county in which your special district is located.

If the governing body of a municipality has adopted a resolution of approval of your service plan, send the Certificate of Election Results to that municipality instead of the Board of County Commissioners.

For each person who is elected, make and transmit to each person a certificate of such person’s election.

In addition, post the election results on the website reflected in the district’s Transpar-ency Notice, if any.

If a sales tax has been approved by the voters, send notice of such approval to the executive director of the Colorado Depart-ment of Revenue at least 100 days prior to the effective date of the sales tax.

An “effective date” for the tax to be col-lected is either January 1 or July 1 following the date of the election.

Elected Board Members Take Office

The terms of office for Board members be-gin at the next meeting of your Board, but no later than 30 days after the date the election results were certified (if an election was con-ducted) or 30 days after the date of the elec-tion (if election cancelled) and after the newly elected members sign an oath of office and post a bond.

Filing Oaths of Office and Bond

A copy of the oaths of office taken by elected members of your Board, and their bond, must be filed with the District Court in your dis-trict’s organizational court file.

Copies of the Oaths and BondCopies of the oaths and bonds must also be filed with the DLG. Copies of the oath need to be filed with the Clerk of each county in which your district is located.

Update Your District’s Information

Update your district’s Transparency Notice with the name(s) and contact information of

any new Board members.

Distribute the updated Transparency No-

tice as previously done, including filing with

the DLG and the County Commissioners, As-

sessor, Treasurer, and Clerk and Recorder of

each county in which your district is located.

Other Housekeeping Issues for Board Members

At the first Board meeting after the election,

elect Board officers and note the name of the

Board Chair/President in your updated Trans-

parency Notice.

Determine if any new Board member has a

conflict of interest, and if so, file the appropri-

ate disclosure statement with the Colorado

Secretary of State and members of your Board.

Finally, if you have a website, don’t forget to

update the Board member information on it.

Why Carefully Following the Law is Important

Mills points out that election procedures for

special districts in Colorado are set by law

and in Colorado’s constitution, and special dis-

tricts must follow those laws.

“Sometimes people treat special districts

like an HOA or business,” Mills states.

“Special districts are a governmental enti-

ty and must follow the appropriate statutory

and constitutional election laws. If they don’t,

the election could potentially be contested,

or it could be determined that the Board

members were not properly elected. Cor-

recting any problems could be very costly to

the special district.”

Need Help?

Mills remembers a woman on the Board of a

special district who approached her at a con-

ference. “The person who had been conducting

their district’s elections for many years was no

longer with the district and left the responsibil-

ity to her. She was in a panic,” Mills says.

Mills advised the woman that there are

many resources available through SDA—

which among other things conducts Election

Judge training—and through the DLG, which

conducts DEO training and provides all elec-

tion forms on its website.

In addition, Mills urges special districts to

“buddy up” with other neighboring or over-

lapping districts that may be more experi-

enced at running elections, or even with the

County Clerk.

“Ask for their help and advice,” she urges.

“There are a lot of resources out there.”

2018


Deadline to File Your Transparency Notice is January 15About Transparency Notices

Title 32, Article 1, Colorado Revised Statutes, requires that certain special districts (see chart below) give public notice each year of certain basic information about the district: business address and telephone number; primary contact person; the names of and contact information for the members of the Board, the name of the Board Chair, and the name of each member whose office will be on the ballot at the next reg-ular special district election; time, date and location of regular Board meetings; mill levy and property tax revenues; date of next regular election, and the self-nomination procedure, etc.

Nicknamed the “Transparency Notice,” this notice may be dissemi-nated to the public in a variety of ways (as discussed later in this ar-ticle), but most special districts either post it on their own website or post it on the SDA website.

The chart below lists special districts that are required to provide a Transparency Notice, and those that are not:

Required to Provide Transparency Notice

NOT Required to Provide Transparency Notice

Ambulance districts

Fire protection districts

Forest improvement districts

Health service (hospital), health assurance, and mental health care service districts

Metropolitan districts

Mosquito control districts (not county pest control districts)

Park and recreation districts

Sanitation districts

Tunnel districts

Water districts

Water and sanitation districts

Business improvement, General improvement, Local improvement, Public improvement, and Special improvement districts

Cemetery districts

Conservancy districts

Conservation districts (formerly soil conservation districts)

Conservation districts (river water)

Disposal districts

Drainage districts

Federal mineral lease districts

Ground water management districts

Intergovernmental authorities

Irrigation districts

Junior college districts

Library districts

Local marketing districts

Pest control districts (county-established)

Recreation districts (county-established)

School districts

Urban drainage and flood control districts

Urban renewal and downtown development authorities

Water conservancy districts

Water conservation districts

Posting on SDA’s Website

If you plan to post your district’s Transparency Notice on the SDA website, here are a few simple steps that will make the process run more smoothly.

First, be sure your district is a current member of SDA

State law requires membership in SDA if you want to post your dis-trict’s Transparency Notice on the SDA website.

Second, view what’s already posted

Determine whether your district already has a Transparency Notice posted on the SDA website. If so, you’ll want to revise the existing Notice when you make your updates. Otherwise, you’ll just create multiple notice postings for the district, which can create confusion rather than transparency. If you have a Transparency Notice already posted on the SDA website, you should update and revise the existing Notice, not start from scratch.

If you’re not sure what, if anything, the district currently has posted on the SDA website, go the SDA website at www.sdaco.org and click on the “File and view Transparency Notice/CORA” link at the top of the homepage.

Select “Search Now” in the right hand column to search for posted Notices by district name. Clicking on a district’s name will open the existing Notice in read-only mode. It is not necessary to log in to view a Notice because this information is available to the general public.

We have seen several instances where multiple Notices are post-ed on behalf of a district by different persons who are unaware that someone else (for example, a district Board member, the district man-ager, or a law firm staff member) has already posted a Transparency Notice for their district. You can avoid this duplication of efforts by first looking to see if there is already a Notice posted on behalf of the district, by whom, and the date. If there are multiple Notices posted for your district, please contact SDA to request removal of the out-of-date or duplicative Notices; only SDA can delete a posted Notice.

Third, follow the directions below to modify an existing Transparency Notice or skip to the next set of instructions to create a new Transparency Notice

1. Begin at SDA’s homepage at www.sdaco.org

2. Select the “File and view Transparency Notice/CORA” link at the top of the page.

3. In the left hand column under “Update Your Transparency No-tice,” enter your login information.

» In order to access and update a previously posted Notice, you must use the same user ID and password that was entered when the Notice was initially created. Each Transparency Notice has a unique user ID/password combination.

» Please note that the login information for Transparency Notices is different than the login for the SDA website. If you need assistance with your user ID or password, please contact the SDA office for assistance.

4. Following a successful Transparency Notice login, click on the “Edit” icon (paper and pencil).


Please call the SDA office at

303-863-1733 if you need help

with your Transparency Notice

login information.


5. Enter updated data into the appropriate fields.6. Click on “Save” at the bottom of the Notice form.7. Click on the blue “Logout” at the bottom of the screen to log-

out of the Transparency Notice.

Create and post a new Transparency Notice

1. Begin at SDA’s homepage at www.sdaco.org2. Select the “File and view Transparency Notice/CORA” link at

the top of the page. 3. Select “Register Here” in the middle column under “Add Your

Transparency Notice.”4. Fill in the fields with your first and last name, and then decide

on a user ID and password for the Transparency Notice. We recommend that you select something different from your SDA website login; choose something generic that you can share with co-workers or others who may need to update the Transparency Notice in the future. Please keep a record of the Transparency Notice user ID and password as you will need this login information for any subsequent updates or revisions to the related Notice.

5. If you will be creating a new Transparency Notice for more than one district, you must create a separate and unique login for each district and Notice. In particular, the user ID must be unique and cannot have been previously used by another dis-trict. You may, however, repeat the same password.

» For example, you must use a separate user ID for “XYZMetro1” and “XYZMetro2”, but the password can be “Notice” for both. User IDs and passwords are case-sensitive.

6. Click “Submit,” and a blank Notice form will open.7. Complete the required fields in the Transparency Notice. We

recommend gathering the required information (contact per-son info, Board member names, mill levy, tax revenues, etc.) before creating the Notice, so that you can fill in all the fields at one sitting. If you get interrupted or have to go look up some of the required information, save the information entered in the Notice by clicking “Submit” at the bottom of the form, and then when you return with the additional necessary informa-tion, you can access the Notice as described above to finalize the necessary information.

8. Click on the blue “Logout” at the bottom of the screen to log-out of the Transparency Notice.

9. To review/confirm the results of your data entry, follow the in-structions above under Step Two “View what’s already posted.”

Posting on Your District’s Website

If you wish to post the Transparency Notice you’ve created on the SDA website on your district’s website, you can print and post a copy of the completed SDA form by clicking on the Print Page icon at the top of the read-only format of the Notice.

If you choose to post your Notice on your district’s official website, your district’s website must be “linked” to the website of the Division of Local Government (DLG). If you haven’t already established a link, please contact the DLG at 303-864-7720 or [email protected], and they can help walk you through this process.

Other Ways to Distribute Your Transparency Notice

In addition to the website postings discussed above, the statute pro-vides that the annual Transparency Notice to Electors may be dis-

seminated in one or more of the following ways:

1. Mailing the Notice to each household where one or more eli-gible district electors reside;

2. Including the Notice as a prominent part of a:

a. Newsletter

b. Annual report

c. Billing insert

d. Billing statement

e. Letter

f. Voter information card or other election notice

g. Other informational mailing sent by the district to eligible electors

3. Physically posting the Transparency Notice as provided in the statute,1 but only if the special district has fewer than 1,000 eligible electors and the district is wholly located in a county with a population fewer than 30,000.

If you plan to use one of these other distribution methods, you may draft up your own Transparency Notice as long as it contains all the information required by Section 32-1-809(1)(a-i), C.R.S. SDA has prepared a statutorily-sufficient Transparency Notice template that you may download from the SDA website. To access this template, please go to the “Resources” tab at the top and then “Forms.”

In addition, a copy of the Transparency Notice is also filed with:

» the Division of Local Government;

» the Board of County Commissioners;

» the County Assessor;

» the County Treasurer;

» the County Clerk and Recorder; and

» the governing body of any municipality in which the District is located.

Exemptions for Inactive Districts

Special districts that have legally claimed “inactive” status pursuant to Section 32-1-104, C.R.S., are exempt from complying with the Trans-parency Notice provisions in Section 32-1-809, C.R.S.

CORA and Water and Sanitary Rate Increase Notices

In addition to the Transparency Notice information, members can also post their required document and retrieval policy and fee schedule for Colorado Open Records Act (CORA) requests directly on their Trans-parency Notice. There is also a section to post notice of a public hearing if a district plans a fee increase or change for water or sanitary sewer service, another statutory change that became effective at the begin-ning of 2014.

We Make it Easy For You

As you are completing your SDA membership renewal online, you will also be given a prompt at the end of the renewal process to update your Transparency Notice.

Being able to take care of all of these requirements in one easy place is an added membership benefit that we hope all districts will take advantage of.

If you have any questions or need assistance accessing your Trans-parency Notice, please call the SDA office at 303-863-1733.

1 See §32-1-809(2)(e), C.R.S.


Date Action Authority

January or FebruaryBoard Meeting

Board adopts Election Resolution calling the regular mail ballot election, appointing Designated Election Official, approving any ballot question(s) or ballot issue(s) to be submitted to the electors, if any, and determining other matters.

1-1-18 Earliest day Self-Nomination and Acceptance forms can be filed with the Designated Election Official or, if none has been designated, with the presiding officer or the Secretary of the Board of Directors (no earlier than January 1st and no later than the normal close of business on the 67th day before the election).

1-13.5-303(1)

1-13.5-303(4)

1-29-18 First day to be able to publish call for nominations between 100 days and 75 days before a regular special district election. The call shall state the special district director offices to be voted upon, where a Self-Nomination and Acceptance form may be obtained, the deadline for submitting the Self-Nomination and Acceptance form to the Designated Election Official, and information on obtaining an absentee ballot.

1-13.5-501(1)

2-22-18 Last day to publish call for nominations. 1-13.5-501(1)

3-2-18 Last day Self-Nomination and Acceptance forms must be filed with the Designated Election Official or, if none has been designated, with the presiding officer or the Secretary of the Board of Directors (no earlier than January 1st and no later than the normal close of business on the 67th day before the election).

FCPA NOTE: If the Self-Nomination and Acceptance form or the Affidavit of Intent to be a Write-in Candidate contains a statement substantially stating “I will not, in my campaign for this office, receive contributions or make expenditures exceeding two hundred dollars ($200) in the aggregate during the election cycle, however, if I do so, I will thereafter register and file all disclosure reports required under the Fair Campaign Practices Act”, then no disclosure reports are required to be filed unless and until the two hundred dollar ($200) threshold has been met.

1-13.5-303(1)

1-13.5-303(4)

1-45-108(1)(c)

Article XXVIII, Section 2(2) of the Colorado Constitution

Secretary of State Rule 16.4.1 of the Rules Concerning Campaign and Political Finance

3-5-18 Last day to file Affidavits of Intent to be a Write-in Candidate with Designated Election Official (not later than 64 days before the election).

1-13.5-305

3-6-18 Designated Election Official, if instructed by resolution of the Board, may cancel election if there are no more candidates, including write-in candidates, than positions to be filled, and there are no ballot issues or ballot questions, and declare the candidates elected (at the close of business on the 63rd day before the election or anytime thereafter). If the electors are to consider the election of persons to office and any ballot issue or ballot question, the governing body may by resolution withdraw the ballot issues/questions and cancel the election at any time prior to the election, if there are no more candidates, including write-in candidates, than positions to be filled. No election may be cancelled in part. Notice of cancellation of the election must be published. The Notice must be posted in the office of the Designated Election Official and in the office of the County Clerk and Recorder. A copy of the Notice shall be filed with the Division of Local Government. Designated Election Official shall notify the candidates that the election was cancelled and that they were elected by acclamation.

SPECIAL NOTE: If the election is cancelled, the term of office of the persons declared elected shall commence at the next meeting of the Board of Directors of the special district following the date of the election, but no later than thirty (30) days following the date of the election and upon the signing of an oath and posting of a bond.

1-13.5-513(1)

1-13.5-513(3)

1-13.5-513(6)

1-13.5-112(2)

3-9-18 Certify ballot content (no later than 60 days before the election). Every ballot shall contain the names of all duly nominated candidates for the offices to be voted for at the election. The arrangement of the names shall be established by lot at any time prior to the certification of the ballot. The Designated Election Official shall notify the candidates of the time and place of the lot drawing for the ballot. The drawing shall be performed by the Designated Election Official or a designee. If any ballot issue(s) or question(s) will be included on the ballot, they must follow the list of candidates and be placed in the following order: measures to increase taxes; measures to increase debt; then other referred measures, including measures to retain revenues in excess of District’s fiscal year spending limit and term limit waiver.

1-13.5-511

1-13.5-902(2)

1-13.5-902(7)

May 8, 2018 Regular Mail Ballot Election Calendar


SDA would like to thank Micki Mills at Collins Cockrel & Cole for developing these Election Calendars, which are a valuable resource for our members.



3-9-18 FCPA NOTE: Each candidate or the Designated Election Official shall file with the Secretary of State a copy of such candidate’s Self-Nomination and Acceptance forms or Affidavits of Intent to be a Write-In Candidate, no later than 60 days before the election. If the Self-Nomination and Acceptance form contains a statement that the candidate is familiar with the provisions of the Fair Campaign Practices Act, then no filing of a “Candidate Affidavit” under the Fair Campaign Practices Act is required.

FCPA NOTE: A candidate who does not accept contributions but who expends money for campaign purposes shall not be required to form a Candidate Committee, but shall be required to file disclosure reports for the reporting periods during which the expenditures are made.

FCPA NOTE: Candidate Committees shall register with the Secretary of State before accepting or making any contributions. Issue Committees shall register with the Secretary of State within 10 calendar days of accepting or making contributions or expenditures in excess of $200 to support or oppose any ballot issue or ballot question.

1-45-108(3)

1-45-108(3.3)

1-45-110(1)

Article XXVIII, Section 2(10), Colorado Constitution

Secretary of State Rules 2.1 and 16.1 of the Rules Concerning Campaign and Political Finance

3-14-18 Designated Election Official must have on file at the principal office of the special district or Designated Election Official a plan for the conduct of the mail ballot election (no later than 55 days prior to the election).

SPECIAL NOTE: Pursuant to Section 1-13.5-111(2), all regular elections that will include a TABOR ballot issue must be conducted as a mail ballot election. Such election cannot be conducted as a polling place election.

1-13.5-1104(1)

3-23-18 Written comments for and against the TABOR ballot issue(s) must be received by the Designated Election Official (45 days before the election). (Comments must be filed by the end of the business day on the Friday before the 45th day before the election).

1-13.5-503(1)

1-7-901(4)

Article X, Section 20, Colorado Constitution

3-23-18 Designated Election Official shall mail ballots to those eligible electors who reside within the District and who have applied and are designated as a “covered voter” under the Uniform and Overseas Citizens Absentee Voting Act (UOCAVA) (not later than 45 days before the election).

1-13.5-1103(4)

1-8.3-103(1)(d)

1-8.3-110(1)

3-24-18 Earliest date to hold a class of instruction concerning the tasks of an election judge (not more than 45 days prior to the election).

1-13.5-408

3-29-18 Last day for the Designated Election Official to order the voter registration and property owners lists (no later than 40 days prior to election).

Designated Election Officials of overlapping political subdivisions conducting an election shall confer concerning the preparation of the notice required by TABOR (“TABOR Notice”) (no later than 40 days prior to the election). Such political subdivisions shall enter into an intergovernmental agreement for the preparation and mailing of the TABOR Notice.

1-13.5-203(1)

1-13.5-204(1)

1-13.5-204(2)

1-13.5-1105(2)(a)

1-13.5-503(1)

1-7-905(2)

1-7-906(3)

4-6-18 Last day for County Clerk and Recorder to certify initial list of registered voters and County Assessor to certify initial list of property owners (no later than 30 days prior to election). NOTE: These lists should be requested to be received prior to this date since the TABOR Notice must also be mailed this date.

Designated Election Official shall have available printed ballots (at least 30 days prior to election).

Mail TABOR Notice to each household where an active registered elector of the District resides (at least 30 days before the election).

1-13.5-203(1)(a)

1-13.5-204(2)

1-13.5-1105 (2)(a)

1-13.5-902(1)(a)

Article X, Section 20(3)(b), Colorado Constitution

4-16-18 Designated Election Official may begin mailing to each eligible elector, who is an active registered elector, a mail ballot package, including property owners who are active registered electors, but may not reside within the District. Mail ballots shall be made available at the office of the Designated Election Official, or the office designated in the mail ballot plan, for eligible electors who are not listed on the voter registration or property owners lists, but who are authorized to vote (not sooner than 22 days prior to election).

1-13.5-1105 (4)(a)

1-13.5-1105 (4)(d)

4-17-18 FCPA NOTE: File Candidate Committee or Issues Committee Report of Contributions and Expenditures pursuant to the Fair Campaign Practices Act with the Secretary of State (21st day before the election).

1-45-108 (2)(a)(II)





4-18-18 Last day to publish Notice of the election once (at least 20 days before the election). Post Notice in the office of the Designated Election Official. Mail a copy of the Notice to the County Clerk and Recorder of each county in which the special district is located.

DEBT OR OTHER FINANCIAL OBLIGATION election. Post notice of additional financial information on District's website, or if no website, in the chief administrative office of the District (no later than 20 days before the election).

County Clerk and Recorder shall supply supplemental list of registered voters and County Assessor shall supply supplemental list of property owners (no later than 20 days prior to election).

1-13.5-502(1)

1-13.5-502(2)

1-13.5-1105 (2)(d)

1-13.5-503(2)

1-7-908(1)(a)

1-13.5-203(1)(a)

1-13.5-204(2)

1-13.5-1105 (2)(b)

4-23-18 Last day to mail the ballot packages (no later than 15 days before the election). 1-13.5-1105 (4)(a)

4-23-18 Designated Election Official shall appoint election judges (at least 15 days prior to election). Designated Election Official shall mail certificates of appointment and acceptance forms to each person appointed. Each election judge shall file an acceptance of appointment with the Designated Election Official within seven (7) days after certificate of appointment and acceptance forms were mailed.

Designated Election Official shall appoint at least one member of the special district Board and at least one eligible elector of the special district who is not a member of such Board to serve with the Designated Election Official as the Canvass Board for the election (at least 15 days prior to election).

Election Judges may receive and prepare mail ballots for tabulation. Counting of the mail ballots may begin fifteen (15) days prior to the election and continue until counting is completed.

1-13.5-401(1)

1-13.5-403

1-13.5-404

1-13.5-1301(1)

1-13.5-1107

5-4-18 FCPA NOTE: File Candidate Committee or Issues Committee Report of Contributions and Expenditures pursuant to the Fair Campaign Practices Act with the Secretary of State (Friday before the election).

1-45-108 (2)(a)(II)

5-8-18 ELECTION DAY. 7:00 A.M. to 7:00 P.M

5-16-18 Last day to receive voted mail ballot from UOCAVA eligible elector, if such ballot was postmarked by 7:00 p.m. on the day of election, in order for ballot to be counted (by the close of business on the 8th day after the election).

1-8.3-111

1-8.3-113(2)

5-22-18 Canvass Board shall certify the official abstract of votes cast at the election (no later than the 14th day after the election). A copy of the certificate of election results shall be filed with the Division of Local Government. The DEO shall transmit to each person declared to be elected a certificate of the person’s election.

The term of office of each newly elected person shall commence at the next meeting of the Board of Directors of the special district following the election, but no later than thirty (30) days following the date the election results were certified and upon the signing of an oath and posting of a bond. If the election was cancelled, the term of office of the persons declared elected shall commence at the next meeting of the Board of Directors of the special district following the date of the election, but no later than thirty (30) days following the date of the election and upon the signing of an oath and posting of a bond.

1-13.5-1305(1)

1-13.5-1305(2)

32-1-104(1)

1-13.5-112(1)

1-13.5-112(2)

6-7-18 FCPA NOTE: File Candidate Committee or Issue Committee Report of Contributions and Expenditures with the Secretary of State (30 days after the election).

1-45-108 (2)(a)(II)

6-22-18 For debt authorization elections, mail the election results by certified mail to the Board of County Commissioners of each county in which the special district is located or to the governing body of a municipality that has adopted a resolution of approval of the special district and to the Division of Securities (within 45 days after the election).

32-1-1101.5(1)

SALES TAX. For sales tax increase elections, notice of the adoption of a sales tax shall be submitted to the Executive Director of the Department of Revenue (at least 100 days prior to the effective date of such sales tax. An effective date is either January 1st or July 1st following the date of the election.) If such sales tax election is held less than 105 days prior to the January 1st or July 1st following the date of the election, such sales tax proposal shall not be effective until the next succeeding January 1st or July 1st.

39-26-104(2)(c)

Election official shall retain the sealed voted ballots until time has expired for any contest proceedings or 25 months after the election, whichever is later. All other election records and forms shall be preserved for at least six (6) months following the election.

1-13.5-616(1)

1-13.5-616(2)




May 8, 2018 Regular Polling Place Election CalendarDate Action Authority

January or February Board Meeting

Board adopts Election Resolution calling the regular election, appointing Designated Election Official, approving any ballot question(s) to be submitted to the electors, if any, and determining other matters.

1-1-18 Earliest day Self-Nomination and Acceptance forms can be filed with the Designated Election Official or, if none has been designated, with the presiding officer or the Secretary of the Board of Directors (no earlier than January 1st and no later than the normal close of business on the 67th day before the election).

1-13.5-303(1)

1-13.5-303(4)

1-29-18 First day to be able to publish call for nominations between 100 days and 75 days before a regular special district election. The call shall state the special district director offices to be voted upon, where a Self-Nomination and Acceptance form may be obtained, the deadline for submitting the Self-Nomination and Acceptance form to the Designated Election Official, and information on obtaining an absentee ballot.

1-13.5-501(1)

2-22-18 Last day to publish call for nominations. 1-13.5-501(1)

3-2-18 Last day Self-Nomination and Acceptance forms must be filed with the Designated Election Official or, if none has been designated, with the presiding officer or the Secretary of the Board of Directors (no earlier than January 1st and no later than the normal close of business on the 67th day before the election).

FCPA NOTE: If the Self-Nomination and Acceptance form or the Affidavit of Intent to be a Write-in Candidate contains a statement substantially stating “I will not, in my campaign for this office, receive contributions or make expenditures exceeding two hundred dollars ($200) in the aggregate during the election cycle, however, if I do so, I will thereafter register and file all disclosure reports required under the Fair Campaign Practices Act”, then no disclosure reports are required to be filed unless and until the two hundred dollar ($200) threshold has been met.

1-13.5-303(1)

1-13.5-303(4)

1-45-108(1)(c)

Article XXVIII, Section 2(2) of the Colorado Constitution

Secretary of State Rule 16.4.1 of the Rules Concerning Campaign and Political Finance

3-5-18 Last day to file Affidavits of Intent to be a Write-in Candidate with Designated Election Official (not later than 64 days before the election).

1-13.5-305

3-6-18 Designated Election Official, if instructed by resolution of the Board, may cancel election if there are no more candidates, including write-in candidates, than positions to be filled, and there are no ballot issues or ballot questions, and declare the candidates elected (at the close of business on the 63rd day before the election or anytime thereafter). If the electors are to consider the election of persons to office and any ballot question, the governing body may by resolution withdraw the ballot question and cancel the election at any time prior to the election, if there are no more candidates, including write-in candidates, than positions to be filled. No election may be cancelled in part. Notice of cancellation of the election must be published. The Notice must be posted at each polling location of the special district, in the office of the Designated Election Official, and in the office of the County Clerk and Recorder. A copy of the Notice shall be filed with the Division of Local Government. Designated Election Official shall notify the candidates that the election was cancelled and that they were elected by acclamation.

SPECIAL NOTE: If the election is cancelled, the term of office of the persons declared elected shall commence at the next meeting of the Board of Directors of the special district following the date of the election, but no later than thirty (30) days following the date of the election and upon the signing of an oath and posting of a bond.

1-13.5-513(1)

1-13.5-513(3)

1-13.5-513(6)

1-13.5-112(2)

3-9-18 Certify ballot content (no later than 60 days before the election). Every ballot shall contain the names of all duly nominated candidates for the offices to be voted for at the election. The arrangement of the names shall be established by lot at any time prior to the certification of the ballot. The Designated Election Official shall notify the candidates of the time and place of the lot drawing for the ballot. The drawing shall be performed by the Designated Election Official or a designee. If any ballot questions will be included on the ballot, they must follow the list of candidates.

Designated Election Officials of special districts with overlapping boundaries must meet, confer and, if practical, hold the elections in a manner that will permit the eligible electors in the overlapping area to vote in all of such elections at one polling place.

1-13.5-511

1-13.5-902(2)

1-13.5-902(7)

1-13.5-504(3)




3-9-18 FCPA NOTE: Each candidate or the Designated Election Official shall file with the Secretary of State a copy of such candidate’s Self-Nomination and Acceptance forms or Affidavits of Intent to be a Write-In Candidate, no later than 60 days before the election. If the Self-Nomination and Acceptance form contains a statement that the candidate is familiar with the provisions of the Fair Campaign Practices Act, then no filing of a “Candidate Affidavit” under the Fair Campaign Practices Act is required.

FCPA NOTE: A candidate who does not accept contributions but who expends money for campaign purposes shall not be required to form a Candidate Committee, but shall be required to file disclosure reports for the reporting periods during which the expenditures are made.

FCPA NOTE: Candidate Committees shall register with the Secretary of State before accepting or making any contributions. Issue Committees shall register with the Secretary of State within 10 calendar days of accepting or making contributions or expenditures in excess of $200 to support or oppose any ballot issue or ballot question.

1-45-108(3)

1-45-108(3.3)

1-45-110(1)

Article XXVIII, Section 2(10), Colorado Constitution

Secretary of State Rules 2.1 and 16.1 of the Rules Concerning Campaign and Political Finance

3-23-18 Designated Election Official shall mail absentee ballots to those eligible electors who reside within the District and who have applied and are designated as a “covered voter” under the Uniform and Overseas Citizens Absentee Voting Act (UOCAVA) (not later than 45 days before the election).

1-13.5-1103(4)

1-8.3-103(1)(d)

1-8.3-110(1)

3-24-18 Earliest date to hold a class of instruction concerning the tasks of an election judge (not more than 45 days prior to the election).

1-13.5-408

3-29-18 Last day for the Designated Election Official to order the voter registration and property owners lists (no later than 40 days prior to election). Designated Election Official may order an initial voter registration and property owners lists be received 30 days prior to the election, with a supplemental list provided 20 days prior, or complete lists provided as of the 6th day prior to the election

1-13.5-203(1)

1-13.5-204(1)

1-13.5-204(2)

4-6-18 If requested, County Clerk and Recorder shall certify initial list of registered voters and County Assessor shall certify initial list of property owners (no later than 30 days prior to election).

Designated Election Official shall have available printed ballots (at least 30 days prior to election).

1-13.5-203(1)(a)

1-13.5-204(2)

1-13.5-902(1)(a)

4-9-18 Mail absentee voter’s ballot to each of those eligible electors on the list of permanent absentee voters or those eligible electors who have applied for an absentee ballot (not more than 72 hours after the blank ballots have been received).

1-13.5-1002 (2)(b)

4-17-18 FCPA NOTE: File Candidate Committee or Issues Committee Report of Contributions and Expenditures pursuant to the Fair Campaign Practices Act with the Secretary of State (21st day before the election).

1-45-108 (2)(a)(II)

4-18-18 Last day to publish Notice of the election once (at least 20 days before the election). Post Notice in the office of the Designated Election Official. Mail a copy of the Notice to the County Clerk and Recorder of each county in which the special district is located.

Post Notice of Polling Place at each polling place (at least 20 days prior to election).

If requested, County Clerk and Recorder shall supply supplemental list of registered voters and County Assessor shall supply supplemental list of property owners (no later than 20 days prior to election).

1-13.5-502(1)

1-13.5-502(2)

1-13.5-502(3)

1-13.5-203(1)(a)

1-13.5-204(2)

4-23-18 Designated Election Official shall appoint election judges (at least 15 days prior to election). Designated Election Official shall mail certificates of appointment and acceptance forms to each person appointed. Each election judge shall file an acceptance of appointment with the Designated Election Official within seven (7) days after certificate of appointment and acceptance forms were mailed.

Designated Election Official shall appoint at least one member of the special district Board and at least one eligible elector of the special district who is not a member of such Board to serve with the Designated Election Official as the Canvass Board for the election (at least 15 days prior to election).

1-13.5-401(1)

1-13.5-403

1-13.5-404

1-13.5-1301(1)

4-26-18 If special district is using voting machines or an electronic voting system for the use of absentee voters, such voting machines or electronic voting system must be available from 12 days prior to the election until the close of business on the Friday preceding the election.

1-13.5-1007(1)

1-13.5-1007(2)


May 8, 2018 Regular Polling Place Election Calendar


5-1-18 Last day to request an absentee ballot (close of business on Tuesday preceding election). 1-13.5-1002 (1)(b)

5-2-18 If requested, County Clerk and Recorder shall supply complete list of registered voters and County Assessor shall supply complete list of property owners (as of the 6th day prior to the election).

1-13.5-203(1)(a)

1-13.5-204(2)

5-4-18 FCPA NOTE: File Candidate Committee or Issues Committee Report of Contributions and Expenditures pursuant to the Fair Campaign Practices Act with the Secretary of State (Friday before the election).

1-45-108 (2)(a)(II)

5-7-18 Deliver to election judge the registration records and all necessary election supplies, including ballots, voting booths, etc. (at least one day prior to the election).

1-13.5-205

5-8-18 ELECTION DAY. 7:00 A.M. to 7:00 P.M.

5-16-18 Last day to receive voted absentee ballot from UOCAVA eligible elector, if such ballot was postmarked by 7:00 p.m. on the day of election, in order for ballot to be counted (by the close of business on the 8th day after the election).

1-8.3-111

1-8.3-113(2)

5-22-18 Canvass Board shall certify the official abstract of votes cast at the election (no later than the 14th day after the election). A copy of the certificate of election results shall be filed with the Division of Local Government. The DEO shall transmit to each person declared to be elected a certificate of the person’s election.

The term of office of each newly elected person shall commence at the next meeting of the Board of Directors of the special district following the election, but no later than thirty (30) days following the date the election results were certified and upon the signing of an oath and posting of a bond. If the election was cancelled, the term of office of the persons declared elected shall commence at the next meeting of the Board of Directors of the special district following the date of the election, but no later than thirty (30) days following the date of the election and upon the signing of an oath and posting of a bond.

1-13.5-1305(1)

1-13.5-1305(2)

32-1-104(1)

1-13.5-112(1)

1-13.5-112(2)

6-7-18 FCPA NOTE: File Candidate Committee or Issue Committee Report of Contributions and Expenditures with the Secretary of State (30 days after the election).

1-45-108 (2)(a)(II)

Election official shall retain the sealed voted ballots until time has expired for any contest proceedings or 25 months after the election, whichever is later. All other election records and forms shall be preserved for at least six (6) months following the election.

1-13.5-616(1)

1-13.5-616(2)

Coming in 2018...SDA University is returning with a whole new look!

Watch your emails and the SDA website at www.sdaco.org for details!


May 8, 2018 Regular Polling Place Election Calendar

Micro-Grant ProgramSIPA's micro-grant program will open December 1! The micro-grant program is designed for state and local governments, special dis-tricts, K-12 schools, and public universities in Colorado to put more resident-facing information and services online. Since 2010, more than 145 grants and over $713,000 have been awarded to govern-ments across the state. This year, special consideration will be given to transparency projects. Below is a timeline for the grant process:

» December 1, 2017: Grant applications open

» January 19, 2018: Grant applications due by 5:00 pm MST

» January 20 - March 2, 2018: SIPA review period

» March 5 - 9, 2018: SIPA will announce the grant awardees

» April 24, 2018: Awards are given at the annual SIPA User Conference and Grant Ceremony

To find out more, please visit www.colorado.gov/pacific/sipa/micro-grant-program


2018 Calendar of Statutory Deadlines

The following is a to-do list for your district in the upcoming year. Please note that this list merely highlights some of your reporting and filing responsibilities; it is not exhaustive. Also

note this list does not include election deadlines for 2018 as those dates, in some cases, may be subject to change in 2018. Please consult with your district’s attorney to assure compliance.

Deadlines in bold blue type occur on the same date each year. Deadlines in italic green type fall on different dates each year, and the dates shown are for 2018 only.

On or before January 1 of each yearMaintain a current, accurate map of the Dis-trict boundaries on file with:

» the Division of Local Government (DLG);


» the County Assessor.1

72 Hours Before Any MeetingNotice of the time and place designated for all regular meetings shall be posted in at least three public places within the limits of the special district and posted in the office of the County Clerk and Recorder in the county or counties in which the special district is located. Special meetings must be posted in the same manner at least 72 hours prior to said meeting.2

First Board MeetingAt first regular Board meeting of the new calen-dar year, designate the “official” posting place for 24-hour (agenda) notice of district meetings.3

Notice of rate or fee change for water or sanitary sewer servicesSpecial districts fixing or increasing fees or oth-er charges for water and sanitary sewer servic-es must hold a public meeting to do so. Special districts must provide notice to its customers 30 days in advance of the public meeting.4

January 15Pursuant to Section 32-1-809, C.R.S., an annu-al “transparency” notice must be provided to el-igible electors. The annual transparency notice to electors must contain certain information about the District, including, but not limited to:

» Board member names and contact information;

» Name of Board Chair or President;

» Name of each board member whose office will be on the ballot at the next regular special district election;

» Date of next board election and procedures for self-nomination;

» Mill levy and total property tax revenues;

» Board meeting information;

» and District contact information.

The notice to electors must be made in one or more of the following ways:

» Mailing the notice separately to each customer; or

» Including the notice as a prominent part of a newsletter, annual report, billing

insert, billing statement, letter or other informational mailing sent to each customer; or

» Posting the notice on the district’s official website, if there is a link to the district’s website on the official website of the Division of Local Government; or

» If the district is a member of the Special District Association of Colorado (SDA), by submitting such notice to the SDA for posting on the SDA’s official website.

In addition, a copy of this annual “transpar-ency” notice is also filed with:

» the Division of Local Government;

» the Board of County Commissioners;

» the County Assessor;

» the County Treasurer;


» the governing body of any municipality in which the District is located.5

January 31File with DLG a certified copy of adopted bud-get, including budget message and any reso-lutions adopting the budget, appropriating money, and fixing the rate of any mill levy.6

March 1 (60 days after end of fiscal year)

Annual information report to the Depart-ment of Local Affairs (DOLA) with respect to any nonrated public securities of the district which were outstanding as of the end of the fiscal year (December 31).7

March 31 (within 3 months of close of fiscal year)

Application for exemption from audit, if ap-plicable, due to State Auditor. Any local gov-ernment where revenues or expenditures for any fiscal year commencing on or after January 1, 2015 are at least $100,000 but not more than $750,000 may, with the ap-proval of the State Auditor, be exempt from the provisions of Section 29-1-603.8

If district has authorized but unissued gen-eral obligation debt as of the end of its fiscal year (December 31), submit copy of appli-cation for exemption from audit to Board of County Commissioners or governing body of municipality.9

Prior to May 1If any new property included in district (by 100% owner petition), deadline to record

court order of inclusion with County Clerk and Recorder to enable district to levy tax against newly included property for the year in which the inclusion occurred.10

Record a special district public disclosure document and a map of the new boundaries of the district at the same time as recording the order of inclusion. 11

June 30Auditor submits completed audit and audit re-port to district Board.12

File copy with State Auditor within 30 days after receipt.13

Submit audit report or application for exemp-tion from audit to Board of County Commis-sioners or governing body of municipality if district has authorized but unissued general obligation debt as of the end of its fiscal year (December 31).14

Prior to July 1If any new property included into district (by taxpayer petition or Board resolution), dead-line to record court order of inclusion with County Clerk and Recorder to enable district to levy tax on newly included property for year in which inclusion occurred.15

Record a special district public disclosure document and a map of the new boundaries of the district at the same time as recording the order of inclusion. 16

July 30File audit report with State Auditor within 30 days after the report is received,17 but not later than July 30, or file request for extension of time to file audit.

Submit audit report to Board of County Commissioners or governing body of munici-pality if district has authorized but unissued general obligation debt as of the end of its fis-cal year (December 31).18

August 25County Assessor certifies district’s valuation for assessment (preliminary).19

September 30If State Auditor has granted extension of time to file audit, this is the final date an audit may be filed.

October 15Qualified person prepares and submits pro-posed budget to Board.20

Publish/post notice of budget and hearing.21

November 16Begin 60-day window to provide annual “transparency” notice to electors for 2018.22



20 SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | DECEMBER 201720 SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | DECEMBER 2017 20 SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | DECEMBER 2017

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December 10County Assessor certifies district’s valuation for assessment (final).23

December 15Adopt budget and appropriate moneys, if cer-tifying a mill levy.24

December 15Certify mill levy to Board of County Commissioners.

December 15File notice of inactive status, if applicable, with:26

» Board(s) of County Commissioners, or governing body of municipality that approved district service plan;

» County Treasurer;

» County Assessor;

» County Clerk and Recorder;

» District Court;

» State Auditor; and

» DLG

December 15File notice of intent to continue in inactive sta-tus, if applicable, with:27

» State Auditor and

» DLG

December 31Adopt budget and appropriate moneys, if not levying property taxes.28

December 31Calculate (as of the end of the fiscal year) dis-trict’s authorized but unissued general obli-gation debt. Specify amount, if any, and any current or anticipated plan to issue the debt in district’s audit report.29

December 31At least annually, publish information about land development charges, if applicable, on district’s official website.30

1 Section 32-1-306, C.R.S.2 Section 32-1-903(2), C.R.S.3 Section 24-6-402(2)(c), C.R.S.

4 Section 32-1-1001(2)(a), C.R.S.5 Section 32-1-809, C.R.S. and Section 32-1-104(2),

C.R.S.6 Section 29-1-113(1), C.R.S.7 Section 11-58-105, C.R.S.8 Section 29-1-604, C.R.S.9 Section 29-1-606(7), C.R.S.10 Sections 39-1-110(1.5) and 32-1-105, C.R.S.11 Section 32-1-104.8, C.R.S.12 Section 29-1-606, C.R.S.13 Section 29-1-606(3), C.R.S.14 Section 29-1-606(7), C.R.S.15 Sections 39-1-110(1.5), 32-1-401(2), and 32-1-105,

C.R.S.16 Section 32-1-104.8, C.R.S.17 Section 29-1-606, C.R.S.18 Section 29-1-606(7), C.R.S.19 Section 39-5-128(1), C.R.S.20 Section 29-1-105, C.R.S.21 Section 29-1-106(3), C.R.S.22 Section 32-1-809, C.R.S.23 Section 39-1-111(5), C.R.S.24 Section 29-1-108(2), C.R.S.25 Sections 39-5-128(1) and 32-1-1201, C.R.S.26 Section 32-1-104(3), C.R.S.27 Section 32-1-104(4), C.R.S.28 Section 29-1-108(2), C.R.S.29 Sections 29-1-605(2) and 29-1-606(7), C.R.S.30 Section 29-1-803(1), C.R.S.

Investing with CareGuest article by Joe Carroll, COLOTRUST

Whether your special district is a fire district, a water and sanita-tion district, or a park and recreation district, you likely have a mission and a plan based off a set of values that are shared by your community. The same should be true when it comes to in-

vesting your district’s money. As a shepherd of your taxpayer’s dollars, it is your fiduciary responsibility to keep those funds safe while earning a competitive rate of return.

The current economic and regulatory environment has present-ed some interesting challenges for special districts when it comes to investing: rates are on the rise, but the yield curve has remained relatively flat; smaller community banks are finding it hard to house public dollars due to regulations and costs imposed on them; and new investment opportunities present themselves almost daily. But how familiar are you with these new investments and varying options? With so much going on, let’s take a minute to focus on the basics and understand what is important when it comes to investing your tax-payers’ dollars.

You’d be hard pressed to find an investment professional in the government sector that wouldn’t tell you that the primary objectives of investing public funds are always: safety, liquidity, and yield (in that order). In addition, we’d recommend that transparency and diversifica-tion be considered as well. Let’s walk through each of these five aspects.

The Basics: Safety, Liquidity, and YieldSafety: How likely am I to get my principal back?When investing, you are buying creditworthiness. In the case of buying a U.S. Treasury, you are relying on the ability of the U.S. Government to repay its debt. When buying a corporate bond, you are relying on the ability of a corporation to repay its debt. U.S. Treasuries are referred to as “risk free assets”, meaning that there is no risk that the U.S. Govern-ment will not repay its debt. That being said, every investment you buy

carries some degree of risk. All bonds eligible for investment in Colora-do carry some sort of rating by a nationally recognized statistical rating organization such as S&P Global Ratings or Moody’s. Credit ratings can serve as a guideline for risk but should not be used as the sole source of information when making investment decisions.

Liquidity: How quickly can I sell my investment and turn it into cash?A simple example would be fine art. Let’s say you own the Mona Lisa. There is no doubt it is worth a lot and could be a fine investment. But how quickly can you find a buyer for the painting and convert that value to cash? Probably not very quickly. Conversely, cash-like investments such as local government investment pools (LGIP) are considered highly liquid investments in which you can convert your investment into cash within a day without suffering a loss or penalty for doing so. Always make sure you have adequate liquidity to cover your specific cash flow needs.

Yield: What am I earning on my investment?The yield component is the most often referenced aspect of invest-ing and rightfully so. If we were not concerned about yield, we would just keep our funds in a savings account. The potential pitfall is when an investor focuses primarily on yield, while ignoring the safety and li-quidity components of investing. Focusing primarily on yield could be detrimental to the overall strategy of limiting risk and satisfying liquid-ity requirements.

The Bonuses: Transparency and DiversificationTransparency: Do you understand and have access to informa-tion about your investments?There are a couple of ways to look at transparency when it comes to investments. First, are your investments transparent to you? Make




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A New Resource for Retaining Talent and Increasing Impact

Guest article by Kristin Aslan, Red Rocks Community College

Investing in talent is well worth it, even though it is often the first thing to go when budgets are tight. This is especially true in non-profit organizations that have limited resources and a culture that often views professional development as “optional.” But

great professionals aren’t born, they are trained! So instead of ask-ing if you can afford to invest in professional development for staff this year, you may want to consider if you can afford not to.

Here are two big reasons to invest in professional development and a new program that can provide training that won’t blow the budget.

Increased EffectivenessIt’s no secret that we tend to avoid the things that we aren’t very good at. We drag our feet to get that dreaded task done and in the end, feel like it took too long or didn’t come out as well as we wanted. Too of-ten this creates a cycle of dread and mediocre outputs that can leave a good employee feeling bad and decrease overall productivity. If good employees are given the opportunity to develop their skills in their ar-eas of need, they will gain confidence and greater job satisfaction as they are able to effectively complete tasks, improve systems, and pro-mote innovation thanks to broader knowledge and better tools.

Talent RetentionOne of the leading reasons people leave their jobs is due to a lack of professional growth opportunities and the reality is that employee turnover is expensive. It takes time and money to hire new staff and get them up to speed. Some studies cite a cost of six to nine months of salary to replace a position, others offer a sum ranging from $25-$30k per employee replacement. Either way, we can all agree that there are high costs associated with hiring; onboarding; and training, learning, and development as well as lost productivity during vacancy. So there is a strong business case for creating opportunities for good employees to grow and learn.

Engaging employees in new learning helps them stay interested and challenged while bringing new ideas into the organization. A newly launched program offers students the opportunity to gain critical nonprofit management skills, earn a certificate with options for transfer to a bachelor degree program, and provides scholarships to eligible students to help make the program even more affordable.

Red Rocks Community College and Community First Foundation have partnered to create the Nonprofit Pathway, a nonprofit manage-ment certificate. This new certificate can be completed in one year, focusing on one course at a time. Students can complete the certifi-cate or take just the courses they need to build their skills. These valu-able skills are important not only for nonprofit leaders, but also for leaders in local government.

Program elements include an internship and relevant coursework in program evaluation, fundraising, and financial management. Courses are taught by nonprofit professionals and are designed to deepen the learning experience through engagement with nonprofit organizations.

Developing administrative skills may not have been a key focus as our passions led us to pursue careers in areas such as public safety, education, or arts & culture, but they are a necessary component of a high impact organization. If we want to retain our talented team members and increase our organizational impact, professional devel-opment can have a big return on investment.

For more information about the Nonprofit Pathway please visit rrcc.edu/nonprofit.

sure you know what you are investing in. If you are using an LGIP, you

should be able to see the underlying assets in that pool. If you are buy-

ing a bond from a broker, make sure you are aware of credit ratings and

optionality/call features. Another way to look at transparency is from

the taxpayer side. Are you being transparent with the investments

made on behalf of the district? Investment reports are a great tool to

be transparent with the public. These can be made on a monthly, quar-

terly, or annual basis.

Diversification: Are all your eggs in one basket?Have you ever heard the saying “don’t put all your eggs in one basket”?

Well, the same can be said when investing public funds. This is especially

true as you get into riskier asset classes. If you are a district that is buying

corporate bonds, it is highly recommended that you are well-diversified.

When considering all of the components of successful public funds

investing, it is most important to fully understand what you are in-

vesting in. As a special district, state statutes restrict you to relatively

safe investments. That does not always mean that the investment is

appropriate for your specific investment needs and risk tolerances.

Maintaining a formal investment policy and strategy for your dis-

trict’s funds becomes paramount. If you are not comfortable or do

not understand your investments and would not feel comfortable

explaining those investments to your stakeholders, it is best to take a

pause and ask investment professionals you trust for help.

This presentation is for informational purposes only. All information is assumed to be correct but the accuracy has not been confirmed and therefore is not guaranteed to be correct. Infor-mation is obtained from third party sources that may or may not be verified. The information presented should not be used in making any investment decisions and is not a recommendation to buy, sell, implement, or change any securities or investment strategy, function, or process. Any financial and/or investment decision should be made only after considerable research, con-sideration, and involvement with an experienced professional engaged for the specific purpose. All comments and discussion presented are purely based on opinion and assumptions, not fact. These assumptions may or may not be correct based on foreseen and unforeseen events. Invest-ment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. Past performance is no guarantee of future results. Any financial and/or investment decision may incur losses.


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The Colorado Ag Water Alliance Using Water to Grow the Dialogue Between

Rural and Urban ColoradansGuest article by Greg Peterson, Colorado Ag Water Alliance

I never knew that you can really only get one harvestable ear of sweet corn from a single corn stalk. I also didn’t know how complicated irrigation systems are, or how much alfalfa it takes for a glass of milk….trust me, it’s there. I also didn’t realize that Colorado is an agri-cultural state, and that when you get outside of the cities and the ski resorts, agriculture is what sustains many of the communities from the Eastern Plains to the Western Slope. It’s easy to not notice how energy, food, and es-pecially water bind urban and rural Colorado.

The Colorado Ag Water Alliance (CAWA) works to highlight how water and food con-nects the state. Rapid urbanization, the transfer of water rights to municipalities, traffic, and even trash are now everyday ob-stacles for farmers in Colorado. With all of this growth and change, CAWA wants to em-phasize that agriculture isn’t a relic of an old-er time that needs to make way for progress. These farming communities provide a lot of social, economic, aesthetic, and environmen-tal benefits that we may not be fully aware of.

CAWA works to preserve irrigated agri-culture by providing producers with infor-mation on agricultural water issues and wa-ter rights. We’ve also discussed water issues at the state level like Colorado’s Water Plan, “Use It or Lose It,” and water leasing.

While a lot of our programming is focused on working directly with farmers and ranchers

concerning agricultural water use and water rights, CAWA also wants to draw attention to the value of irrigated agriculture in Colorado and to help urban Coloradans better acquaint themselves with local agriculture.

This summer, we launched our first series of Ag Water Tours which took place in Weld County, Boulder and Adams County, and Pueblo and Otero County. Water resource engineers, consultants, legislators, lobby-ists, students, conservationists, and congres-sional staff got to learn more about irriga-tion, conservation, return flows, how water is used in agriculture, and what problems farmers face. We even made a few of the attendees set irrigation pipes and irrigate a sugar beet field. It was a great opportunity to meet farmers and ask them directly how

they use water, the different types of irriga-tion they use, and why they grow certain crops. Attendees were able to directly ask a farmer, “What would it cost to grow organ-ic?” or “What kind of practices do you use?” or “What type of irrigation methods do you use?”

On December 5, CAWA is hosting its bi-annual Ag Water Summit. This gathering provides an opportunity for professionals and the general public to listen to farmers and ranchers from across the state speak on a variety of water issues and give their story on the importance of water in agriculture and what agriculture does for Colorado. Producers will talk about how agriculture does more than produce food. Another pan-el of representatives from conservation or-ganizations and academics will discuss how agriculture benefits Colorado’s environ-ment, recreation, open space, economy, and standard of living. There will also be discus-sions on water quality and nutrient control, and how farmers are dealing with less water through dwindling supplies.

Going forward, CAWA is working to fa-cilitate more understanding and dialogue between rural and urban citizens over Colo-rado’s most valuable resource: water. We plan to provide similar and new opportuni-ties next year. Please visit our website at www.coagwater.org for more information.

Longmont farmer Jerry Hergenreder shows a CAWA tour how he flood irrigates one of his sugar beet fields.

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During this joyous season our thoughts turn gratefully to those who have made our success possible. In this spirit we say “Thank you!”

Wishing you a Merry Christmas and a Happy New Year!

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