Calendar of Statutory Deadlines - Welcome to the Special ... · Carlton Mundus Project Specialist...

Supporting Community-baSed government | SdaCo.org | november/deCember 2012 1

Special DiStrict aSSociation of coloraDo

November/December 2012

Past SDA board members Help celebrate SDA’s Success

Liability Pool board Appointments

SDA’s Leadership Academy December Program celebrates with Leadership, Dogs, and Twitter

Longtime SDA member announces merger…

DoLA’s New e-filing Portal Provides convenience for Local Governments

Special district advocate will be missed…

SDA congratulates Goco on 20th Anniversary!

2013 Transparency Notice Deadline is January 15

2013 Calendar of Statutory Deadlines

Board of Directors

President Pat MulhernSouth Metro Fire Rescue Authority

Vice PresidentJohn McCaulleyEagle River Fire Protection District

TreasurerJim KullhemWest Metro Fire Protection District

SecretaryJohn B. Warnick Beebe Draw Farms Metropolitan District No.2

Executive Vice President James P. CollinsCollins Cockrel & Cole

James Borland Fort Collins/Loveland Water District

Jack DeLange San Juan Water Conservancy District

Leo Johnson Southwest Suburban Denver Water and Sanitation District

Bill Simmons Edwards Metropolitan District

Vicki SpencerGunnison County Library District

Harold Thompson Fountain Sanitation District

Jim Whitfield Apex Park and Recreation District

Staff

Ann Terry Executive Director

Donna AlengiDeputy Executive Director

Mary ZuchegnoGeneral Counsel

Meredith QuarlesProgram Manager

Megan LippardExecutive Project Specialist

Carlton MundusProject Specialist

Georgia KraemerMember Services

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SDA

225 east 16th avenueSuite 1000denver, Co 80203(303) 863-1733toll Free (800) 886-1733Fax: (303) [email protected]

Unless otherwise noted, all photos are ©2012 iStock.com. Designed by Emmett Jordan, Briggsdale, Colo.


At a recent retreat and planning session for 2013, the SDA Board of Directors hosted a dinner with former SDA Board members to acknowledge their dedication and contributions towards mak-ing SDA the outstanding organization that it is today with over 1300 members.

Current SDA Board President Pat Mulhern welcomed many of the former Board members and said, “November is the traditional retreat for the Board and at that time we have the chance to re-view the year and plan for the upcoming year. A large part of that review is to look back at the history of SDA. I think it is an impor-tant part of each event and program that is formulated around the SDA membership and providing education and benefits to those special districts that make Colorado great.”

Below is a list of those former Board members who attended the dinner and the year they began their service on the SDA Board:

• Wayne Monson, Interstate South Metropolitan District (1986)

• Margaret Rakowsky, Castlewood Fire Protection District (1997)

• Don VanArsdale, Hyland Hills Park and Recreation District (1998)

• H. E. “Cap” Proal, Security Water and Sanitation Districts (1999)

• Jim Ryan, South Suburban Park and Recreation District (2000)

• Peter Webb, South Metro Fire Rescue District (2002)• Mark Whitney, Hyland Hills Park and Recreation District

(2006)• Randy Winsett, Mountain View Fire Protection District

(2010)

A large part of this year’s SDA Board Planning Retreat was the review of the proposed 2013 Program of Work which serves as an outline for the many educational programs and membership events and benefits. The SDA Board approved the 2013 Program of Work unanimously and announced clearly, “Full Steam Ahead!” The SDA Staff will continue the momentum that was begun in 2012 and move forward with this ambitious undertaking in Janu-ary; watch the SDA News for more on the upcoming programs.

We hope that you will take time to visit the SDA website at www.sdaco.org to learn more about the outstanding current SDA Board of Directors. SDA extends a hearty thank you to those special district members who have supported the Association through allowing their board members to participate on the SDA Board of Directors.

Past SDABoard Members Help Celebrate SDA’s Success

Liability Pool Board MembersAs stated in the Colorado Special Districts Property and Li-ability Pool Bylaws, the SDA Board appoints and reaffirms SDA Members to sit on the Pool Board. This year the SDA Pool Board appointments include:

• Leo Johnson, West Metro Fire Protection District• James Borland, Fort Collins-Loveland Water District• Ann Peppin, Parker Water and Sanitation District• John McCaulley, Western Eagle County Metropolitan

Recreation District

According to Ann Terry, SDA Executive Director, “The Pool Board of Directors is composed of nine persons ap-pointed by the SDA Board with terms of two years that begin on January 1 and end at midnight on December 31, and the directors may serve successive terms. The action is part of the SDA Annual Board Retreat, and it is always done with extreme gratitude for the current Pool Board and Pool staff. This organization continues to be a huge benefit to special districts and their constituents.”

Former SDA Executive Director Evan Goulding, Former Board Member H.E. “Cap” Proal, current SDA Deputy Executive Director Donna Alengi, Doug Proal and current SDA Executive Director Ann Terry pose for a photo.

Left to right— current SDA Executive Director Ann Terry, past SDA Board President Pete Webb, former SDA Board Member Jim Ryan, Evan Goulding, former SDA Board Member Mark Whitney, former SDA Board Member Margaret Rakowsky, former SDA Board Member and Board President Wayne Monson, Donna Alengi, and former SDA Board Members Randy Winsett and Don VanArsdale take a minute for a quick photo to recap some of the history of the SDA Board.

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As 2012 ends it is important to acknowledge the commitment and involvement of SDA’s Leader-ship Academy. SDA and its Leadership Academy partner, University of Colorado Denver Buechner Institute for Governance School of Public Affairs, present this yearlong program covering four core competency areas of leadership:

1. Ethics2. Executive Relationship/Leadership Development3. Personnel/Supervisor H.R. Development4. Board Development/Conflict Resolution

Applications were accepted and 40 people were selected to participate in the eight programs throughout the year, featuring

civic and business leaders, presenting on top-ics around the topic of leadership.

Channel 9’s Business Anchor Gregg Moss kicked the program off in February. The outstand-ing luncheon programs were used to emphasize the development of leadership skills profession-ally as well as personal endeavors for special dis-trict members.

To celebrate and wrap up the 2012 inaugural year, SDA and nationally known PhD-Economist and Leadership Author Mary Kelly will present Leadership, Dogs, and Twitter at the Decem-ber 5 program.

If you are interested in submitting an application for the 2013 SDA Leadership Academy, please visit the SDA website at www.sdaco.org.

SDA’s Leadership Academy December ProgramCelebrates with Leadership, Dogs, and Twitter,

Sue Blair Bob BlodgettJanet BurnhamDoug CahillPaula CorbinCraig CorbinClint Dudley Micaela DuffyKathy DuryeaSusan EatonMichael HansonBob HarpinDave HartkopfJohn Herbolich

David IrishDave JacksonRoxAnna JonesRon LaPennaDon LombardiChris MalmgrenMike MarcumStewart McAlisterGina McGrail Ron MeyerColin MielkePatrick MulhernCarlton MundusShonda Norris

Kenneth PettitAndrew PimentalEmily PowellRichard RoseneAllan Stone Scott Swetkovich Kammy TinneyJan WalkerWard WatsonTina WhiteLaura WilsonTom Young

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Grimshaw & Harring, P.C. (a SDA staple) and Spencer Fane Britt & Browne LLP have joined forces. The law firm of Grim-shaw & Harring, P.C. has a rich history working with special districts and this combination of law firms will provide clients with expanded capabilities and a broader range of services.

Since its inception over 50 years ago, Grimshaw & Harring has been at the forefront of providing legal services with twenty-one Denver-based attorneys dedicated to providing thoughtful advice, personal attention and most of all, specializing in practi-cal solutions—all while delivering the highest quality legal ser-vices. The firm represents over 200 special districts in matters ranging from the organization process to administration and operations, public financing, construction procedures and dis-putes, water rights, litigation, condemnation, employment prac-tices, and all aspects of board management.

SDA’s Executive Director Ann Terry said, “Over the years many SDA members have benefited from the ongoing support and educational training that Grimshaw & Harring has offered through the SDA Annual Conference, SDA Newsletter articles and Workshops. We are anticipating a new and energized part-nership with Spencer Fane & Grimshaw LLP.”

Spencer Fane Chair Mike Saunders stated, “We are ex-

cited about this combination. We have assembled a great team of experts and I believe the fit of the two firms is an incred-ibly good one. The caliber of Grimshaw & Harring’s lawyers is extraordinary, and the two firms share the same core values and client-centered approach. We are not only establishing a presence in Denver, but we are doing it with individuals who complement the skill sets we offer elsewhere in the firm.”

“With Spencer Fane, Grimshaw & Harring is teaming up with a firm that is dedicated to excellence, has a collegial cul-ture like ours, and has a breadth of practices that will benefit our clients,” added Matt Dalton, Denver’s Managing Partner.

Spencer Fane & Grimshaw’s Marketing Director Jennifer Collet added, “We look forward to continuing the firm’s in-volvement with SDA through the many training/educational opportunities, because we believe special districts are criti-cal to the success of Colorado. We are not only introducing the ‘new team’, we’re also reinforcing the firm’s dedication to special districts throughout the region. Grimshaw & Harring will use the name Spencer Fane & Grimshaw LLP for the next 18 months before fully transitioning to Spencer Fane Britt & Browne LLP.”

SDA welcomes Spencer Fane & Grimshaw!

Longtime SDA member announces merger…

I am very pleased to announce a new online feature DOLA has developed for local governments who file statutorily required documents with our Division of Local Government (DLG). Your documents can now be submitted online via a new e-filing portal located on DOLA’s website.

While we know the primary users of the e-filing portal will be counties, municipalities and Title 32-1 special districts, other local governments like public improvement districts, urban re-newal authorities, and library districts are also able to create filing accounts.

Depending on your type of local government, you will be able to submit particular types of documents to us. County and mu-nicipal types will most frequently file annual budgets and budget amendments with DLG, but will also be able to submit the new “designated agent” form to us through the portal as well. Title 32-1 special districts will be able to file those same documents as well as contact updates, transparency notices, and the other

required filings for your districts. Moving forward, for those in the process of preparing their

annual budgets (due Jan. 31), we hope you will find this a conve-nient and efficient tool. We have developed a short training pre-sentation on use of the portal which you can watch here: http://www.dola.colorado.gov/e-filing. If we have a current email for you, you will be able to set up a password and then submit your documents our way (give us a call if you find your contact infor-mation is not up to date – 303-866-2156).

In addition to the ease of submitting documents through the e-filing portal, DOLA has developed a public access system on our website where anyone can access your government’s ap-proved submissions in a .pdf file format. Depending on the type of local government, there are a variety of documents available for viewing. So if you are looking for budgets, maps, or other documents for yours or other local governments, hop online and take a look : https://dola.colorado.gov/lgis/lg_active_alpha.jsf

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This November marks the 20th anniversary of Colorado voters cre-ating the Great Outdoors Colorado (GOCO) Trust Fund to receive up to half of lottery proceeds to preserve, protect and enhance the state’s wildlife, park, river, trail and open space heritage.

What GOCO is really celebrating this year is the work that has been done by its grantees—including Colorado’s special districts that provide park and outdoor recreation services. These entities have done the hard work of learning what citizens want for out-door recreation and open space resources, planning projects, as-sembling partnerships, applying for the grants and putting those funds to work completing projects.

By celebrating the 20th year since voters enacted GOCO, we are celebrating what you along with local governments, land trusts and Colorado Parks and Wildlife have done to improve the quality of life in your area…the quality of life that draws visitors and businesses to Colorado.

GOCO and renowned Colorado nature photographer John Fielder have collaborated to commemorate the work that has been done with GOCO’s share of Lottery funds. GOCO and Field-er have produced two books.

The Guide to Colorado’s Great Outdoors—Lottery Funded Parks, Trails, and Wildlife Areas and Open Spaces which features many of the places in which GOCO has invested. This is the com-panion publication to Colorado’s Great Outdoors—Celebrating 20 years of Lottery-Funded Lands, a large format book featuring pho-tographs of some of the most beautiful lands preserved with the help of GOCO funds, from public county open space to private working ranches.

John drove 35,000 miles in less than two years from one end of Colorado to the other, and visited all of the state’s 64 coun-ties and practically every city and town, in order to complete the project.

Since 1994—when GOCO awarded its first grants—through 2011, GOCO has committed approximately $757 million for more

than 3,400 projects in all 64 counties throughout the state. GOCO dollars have helped:

• Create or enhance 1,049 community park and outdoor rec-reation areas—skate parks, ball fields, and playgrounds. This includes 398 grants to small communities to assist them with projects costing $60,000 or less.

• Protect more than 800,000 acres of open space in perpetuity, including land along river corridors and in mountain valleys; land for wildlife habitat; agricultural land; land in the heart of cities; land that separates communities; and land that buffers state and local parks from encroaching development.

• Build or restore more than 764 miles of trail.• Assist Colorado Parks and Wildlife in its efforts to acquire

and enhance wildlife habitat including wetlands; to improve the status of species with the ultimate goal of delisting or preventing them from being listed under the federal Threat-ened and Endangered Species Program; to provide youth education; and to provide wildlife-viewing opportunities.

• Assist Colorado State Parks in efforts to enhance exist-ing facilities; buy land and provide facilities at new state parks such as Cheyenne Mountain State Park in Colorado Springs; acquire buffers to protect existing parks from en-croaching development; establish visitor centers; expand campgrounds; and provide education for Colorado youth.

• Enable 7,650 young people to participate in the Colorado Youth Corps Association.

Colorado’s record of protecting its natural resources and promot-ing recreational opportunities for residents and visitors is impressive. Thanks to special districts for what they have contributed to that!

John Fielder is doing a series of presentations around Colora-do through December about the GOCO project. Please check the GOCO website at www.goco.org for a listing of events.

SDA Congratulates GOCO on 20th Anniversary!By Lise Aangeenbrug, GOCO Executive DirectorEditor’s Note: SDA salutes Great Outdoors Colorado (GOCO) Trust Fund for their contributions to Colorado’s parks and recreation areas…happy 20th!

McGeady Sisneros P.C. will remember and miss our friend and peer, Darlene Sisne-ros, who passed away on August 31 of this year. Darlene’s contributions were many in her short life, not only through her support of the Special District Association and her special district clients, but also through her work with nonprofit organizations. Darlene served on the Board and was the President of the Hispanic Bar Association; she also served on the Colorado Board of Law Ex-aminers Law Committee, the Colorado Su-

preme Court Nominating Committee and on the Board of the Rocky Mountain Land Use Institute. Recognized by her peers with the designation of Super Lawyer in 2008, 2009, 2010 and 2011, Darlene’s commitment to her clients and community were consistent throughout her career. Darlene also was a supporter of Sense of Security, working dili-gently as a corporate fundraiser. Darlene’s accomplishments will have a lasting impact on the special district community and the State of Colorado.

Special district advocate will be missed…Editor’s Note: The SDA Board and Staff sadly acknowledge the passing of Darlene Sisneros of McGeady Sisneros, P.C. and we publish this memoriam from Darlene’s friends and colleagues along with our deep condolences.

Darlene Sisneros

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2013


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, and obviously will not reflect any statutory changes that may be made by the General Assembly during the 2013 legislative session. Please consult with your District’s attorney to assure compliance, especially concern-ing election-related deadlines.1

Deadlines in regular 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 2013 only.

January 1Maintain a current, accurate map of the District boundaries on file with:

• the Division of Local Government (the “DLG”);

• the County Clerk and Recorder; and

• the County Assessor.2

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

January 15 Send a notice including the name of your district, the business address, the telephone number, the contact person,4 and the name of the chairman of the board to:5

• 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.

January 15, April 15, July 15, October 15 Special district board members have been removed (by a 2012

1 For a more complete listing of election deadlines, see the elections Calendar prepared by the division of local government at http://www.colorado.gov/cs/Satellite/dola-main/Cbon/1251594654263 or the elections Calendar prepared by the Colorado Secretary of State’s office at http://www.sos.state.co.us/pubs/elections/resources/electionCalendars.html.

2 Section 32-1-306, C.r.S.3 Section 24-6-402(2)(c), C.r.S.4 the person reported as the contact person for the district in this notice will also be

designated as the district’s agent to receive filings of notice of claim pursuant to the Colorado governmental immunity act or service of process in accordance with the inventory created pursuant to Hb12-1244.

5 Section 32-1-104(2), C.r.S. (the statute doesn’t mention e-mail addresses, but it may be helpful to provide that information as well.)

amendment to the Public Official Disclosure Law6) from the requirement to file a report of any money, gifts, honoraria, or other benefits received in connection with his/her public service.

January 15 Provide annual (2013) “transparency” notice to electors of certain information about the district, including, but not limited to:

• Board member names

• Date of next board election (Hint: It’s May 6, 2014) and procedures for self-nomination

• Mill levy and total property tax revenues

• Board meeting information

• District contact information7

January 31 File with DLG a certified copy of adopted budget, including budget message.8

February 1 File with DLG an updated informational list of all intergovernmental contracts/agreements (IGAs) in effect with other political subdivisions (for example, IGAs establishing a separate governmental entity such as an authority). List should include:

• Parties to IGA

• Nature of contract and

• Expiration date.9

February 5 Special Election Date for special districts.10 No “ballot issues” permitted.11

Certify February election results to DLG by March 7.12

March 1 (60 days after end of fiscal year) Annual information report to the Department 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).13

March 31 (within 3 months of close of fiscal year) Application for exemption from audit, if applicable, due to State Auditor.14

6 See House bill 12-1070 and §24-6-203(1)(b)(i), C.r.S.7 Section 32-1-809, C.r.S.8 Section 29-1-113(1), C.r.S.9 Section 29-1-205, C.r.S.10 Section 32-1-103(21), C.r.S.11 Section 32-1-805(2), C.r.S.12 Sections 1-11-103(3) and 32-1-104(1), C.r.S.13 Section 11-58-105, C.r.S.14 Section 29-1-604, C.r.S.

Calendar of Statutory Deadlines


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If district has authorized but unissued general obligation debt as of the end of its fiscal year (December 31), submit copy of audit report or application for exemption from audit to Board of County Commissioners or governing body of municipality.15

May 1 If any new property included in district (by 100% owner petition), deadline to file 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.16

May 7 Special Election Date for special districts.17 No “ballot issues” permitted.18

Certify May election results to DLG by June 6.19

June 30 Auditor submits completed audit and audit report to District board.20

File copy with State Auditor within 30 days after receipt.21

Submit audit report or application for exemption from audit to Board of County Commissioners or governing body of municipality if district has authorized but unissued general obligation debt as of the end of its fiscal year (December 31).22

July 1 If any new property included into district (by taxpayer petition or board resolution), deadline to file court order of inclusion with county clerk and recorder to enable district to levy tax on newly included property for year in which the inclusion occurred.23

July 26 (100 days before November 5 off-year election) Notify County Clerk and Recorder in writing if district intends to participate in November coordinated election.24

July 30 File audit report with State Auditor within 30 days after the report is received,25 but not later than July 30.

Submit audit report to Board of County Commissioners or governing body of municipality if district has authorized but unissued general obligation debt as of the end of its fiscal year (December 31).26

15 Section 29-1-606(7), C.r.S.16 Sections 39-1-110(1.5) and 32-1-105, C.r.S.17 Section 32-1-103(21), C.r.S.18 Section 32-1-805(2), C.r.S.19 Sections 1-11-103(3) and 32-1-104(1), C.r.S.20 Section 29-1-606, C.r.S.21 Section 29-1-606(3), C.r.S.22 Section 29-1-606(7), C.r.S.23 Sections 39-1-110(1.5), 32-1-401(2), and 32-1-105, C.r.S.24 Sections 1-7-116(5) and 1-1-106(5), C.r.S.25 Section 29-1-606, C.r.S.26 Section 29-1-606(7), C.r.S.

August 827 Provide the following information to the Department of Local Affairs:

• District’s official name;• Principal address;• Mailing address;• Name of agent designated by the district for the purpose

of receiving filings of notice of claim (under the Colorado Governmental Immunity Act) or service of process; and

• Agent’s mailing address.

For special districts created pursuant to Title 32, C.R.S., the agent for these purposes shall be the contact person reported annually to the DLG. See annual report due January 15.28

August 25 County Assessor certifies district’s valuation for assessment (preliminary).29

August 27 (70 days prior to election) Enter into intergovernmental agreement with County Clerk and Recorder for November coordinated election.30

September 6 (60 days prior to election) Certify the ballot order and ballot content for November election.31

September 11 (55 days prior to election) File mail ballot plan for November election, if applicable, with Secretary of State.32 Standard mail ballot plan available online from SOS.33

September 20 (46 days prior to election) Written comments for or against any ballot issue (for November election) due to DEO.34

September 21 (45 days prior to election) Appoint election judges for November election.35

September 21 (no more than 45 days prior to election) Earliest day to hold instruction class for election judges.36

September 24 (42 days prior to election) Full text of TABOR Notice due to County Clerk and Recorder for November “ballot issue” election. (Applies to both coordinated and independent mail ballot elections.)37

27 new requirement in House bill 12-1244. See section 24-32-116, C.r.S.28 pursuant to §32-1-104(2), C.r.S.29 Section 39-5-128(1), C.r.S.30 Section 1-7-116(2), C.r.S.31 Section 1-5-203(3)(a), C.r.S.32 Section 1-7.5-105, C.r.S.33 http://www.sos.state.co.us/pubs/elections/main.html 34 Section 1-7-901(4), C.r.S.35 Section 1-6-105, C.r.S.36 Section 1-6-101(5), C.r.S.37 Section 1-7-904, C.r.S.



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October 4 (at least 30 days prior to election) Mail TABOR Notice (for November “ballot issue” election) to electors.38

October 8 Special Election Date for special districts.39 No “ballot issues” permitted.40

Certify October election results to DLG by November 7.41

October 15 Qualified person prepares and submits proposed budget to Board.42

Publish/post notice of budget and hearing.43

October 14-18 (18-22 days prior to election) Mail mail ballot packets (if holding independent mail ballot election on November 5).44

October 16 (20 days prior to election) If November 5 election concerns creating debt or other financial obligation, must post an additional financial notice on the district’s website, or, if the district does not maintain a website, at the district’s chief administrative office.45

November 5 State Off-Year Election and Special Election Date for special districts.46

• District “ballot issues” permitted (independent mail ballot election or coordinated election required).47

• Organization of new health assurance district or health service district permitted (coordinated election required).48

• Certify November election results to DLG by December 5.49

November 16 Begin 60-day window (until January 15, 2014) to provide annual “transparency” notice to electors for 2014.50

November 22 (17 days after election) Canvass board certify Official Abstract of Votes.51 (Non-coordinated, mail ballot election.)

December 3 Special Election Date for special districts.52 No “ballot issues” permitted.53

Certify December election results to DLG by January 2.54

38 Colo. Const., art X, section 20(3)(b); Section 1-1-106(5), C.r.S.39 Section 32-1-103(21), C.r.S.40 Section 32-1-805(2), C.r.S.41 Sections 1-11-103(3) and 32-1-104(1), C.r.S.42 Section 29-1-105, C.r.S.43 Section 29-1-106(3), C.r.S.44 Section 1-7.5-107(3), C.r.S.45 Section 1-7-908, C.r.S.46 Section 32-1-103(21), C.r.S.47 Section 32-1-805(2), C.r.S.48 Section 32-1-805(4), C.r.S.49 Sections 1-11-103(3) and 32-1-104(1), C.r.S.50 Section 32-1-809, C.r.S.51 Section 1-10-203, C.r.S.52 Section 32-1-103(21), C.r.S.53 Section 32-1-805(2), C.r.S.54 Sections 1-11-103(3) and 32-1-104(1), C.r.S.

December 10 County Assessor certifies district’s valuation for assessment (final).55

December 15 Adopt budget and appropriate moneys, if certifying a mill levy.56

December 15 Certify mill levy to Board of County Commissioners.57

December 15 File notice of inactive status, if applicable, with:58

• 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 15 File notice of intent to continue in inactive status, if applicable, with:59

• State auditor and

• DLG

December 20 (45 days after election) If November 5 election included ballot issue to incur general obligation indebtedness, must file certified election results with:60

• Division of Securities, and

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

December 31 Adopt budget and appropriate moneys, if not levying property taxes.61

December 31 Calculate (as of the end of the fiscal year) district’s authorized but unissued general obligation debt. Specify amount, if any, and any current or anticipated plan to issue the debt in district’s audit report.62

December 31 At least annually, publish information about land development charges, if applicable, on district’s official website.63

55 Section 39-1-111(5), C.r.S.56 Section 29-1-108(2), C.r.S.57 Sections 39-5-128(1) and 32-1-1201, C.r.S.58 Section 32-1-104(3), C.r.S.59 Section 32-1-104(4), C.r.S.60 Section 32-1-1101.5, C.r.S.61 Section 29-1-108(2), C.r.S.62 Sections 29-1-605(2) and 29-1-606(7), C.r.S.63 Section 29-1-803(1), C.r.S.



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2013 marks the fourth year that Title 32, article 1 special districts (see chart below) have been statutorily1 required to give annual notice to the public of certain basic information about the district: business address, phone number, primary contact person, time, date and location of regular board meetings, board member names, 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 disseminated out to the public in a variety of ways (as discussed later in this article), but most special districts either post it on the district’s website or post it on the SDA website.

Before reading any further, confirm that your district is legally required to comply with the annual transparency notice, as follows:

1 See section 32-1-809, C.r.S.

2013 Transparency Notice Deadline is January 15

Required to Provide Transparency Notice Not Required to Provide Transparency Notice

Ambulance districts Business improvement, General improvement, Local improve-ment, Public improvement, and Special improvement districtsFire protection districts

Forest improvement districts Cemetery districts

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

Conservancy districts

Conservation districts (formerly soil conservation districts)

Metropolitan districts Conservation districts (river water)

Mosquito control districts (not county pest control districts) Disposal districts

Park and recreation districts Drainage districts

Sanitation districts Federal mineral lease districts

Tunnel districts Ground water management districts

Water districts Intergovernmental authorities

Water and sanitation districts 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

SDA Website: (Please note, the SDA website is currently undergoing some updates and improvements, so the instructions provided here may vary slightly from what you see on-screen.)

If you plan to post the district’s transparency notice on the SDA website, there are a few simple rules that will make the process run more smoothly,

First, the district must be a current member of SDA in order to post its transparency notice on the SDA website. This is a statutory requirement.

View what’s already postedYou should determine whether the district already has a trans-parency notice posted on the SDA website. If so, you’ll want to be sure to access and then write over the existing notice when you make your updates for 2013. Otherwise, you’ll just cre-ate multiple notice postings for the district, which can create confusion, rather than transparency. You want to 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, click on the “Transparency Notice” link at the top of the SDA Homepage at http://www.sdaco.org. It is not necessary to enter your SDA member login to view a notice because this information is available to the general public.

Select “Search Now” to search for posted notices by dis-trict name. Clicking on the district’s name will open the exist-ing notice in read-only mode.

We have seen several instances where multiple notices are posted on behalf of a district by different persons who are un-aware that someone else (for example, a district board member, the district manager, or a law firm staff member) has already posted a transparency notice for the same 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 any district, please contact SDA to request removal of the out-of-date or duplicative notices; only SDA can delete a posted notice.


Instructions to Modify and Write Over an Existing Transparency Notice1. Begin with your SDA Member Login.2. Select the blue Transparency Notice link on the Members

page.3. Select the option to “Update” a transparency notice that is

already posted on SDA’s website.4. In order to access and update a previously posted notice, you

must “unlock” the notice using the same User ID and Pass-word that was entered when the notice was initially created. Each transparency notice has a unique User ID/Password combination, even if multiple notices for multiple districts were created by the same person.

a. If you will be updating transparency notices for multiple districts, you complete your SDA login once, but you must login and logout separately for each and every transparency notice that you wish to update.

5. If you need to update an already posted transparency notice but do not know the original User ID and Password login combination, contact SDA for assistance.

6. Following a successful transparency notice login, click on the “Edit” icon (paper and pencil).

7. Enter updated data into the appropriate fields.8. Click on “Save” at the bottom of the notice form. 9. You will then skip to the white Special District Transparency

Information Page with an update confirmation message.10. Click on the blue “Logout” at the bottom of the screen to

logout of the Transparency Notice; this does not log you out of the SDA website.

Instructions to Create and Post a New Transparency Notice1. Begin with your SDA Member Login.2. Select the blue Transparency Notice link on the Members

page. 3. Select the option to “Add” a transparency notice to the SDA

website.4. Fill in the fields with your first and last name, and then decide

on a Username and Password for the transparency notice. We recommend that you select something different from your SDA Member 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 Username and Password; 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 Username must be unique and cannot have been previously “claimed” by another district using the SDA transparency notice posting site. You may, however, repeat using the same password. For example, you must register a separate login for usernames “XYZMetro1” and “XYZMetro2”, but the password can be “Notice” for both. Usernames 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 notice form, and then when you return with the additional necessary information, you should access the notice as described above to modify an existing notice.

8. After completing the data entry, hit “Submit” at the bottom of the notice form. A blank white screen will appear; do not panic, your information has been saved.

9. Next, select your browser’s back arrow button. You will be returned to a blank notice form. Do not re-enter the transparency information. Click on the blue “Logout” at the bottom of the form.

10. To review/confirm the results of your data entry, follow the instructions above under “View what’s already posted.”

District Website:If you wish to post the SDA transparency notice on the 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 as viewable from the SDA website.

If you choose to post your notice on the district’s official web site, the district’s website must be “linked” to the website of the Division of Local Government (“DLG”). If you haven’t already done so, this linkage can be accomplished by providing your district’s website address to the DLG on the Division’s Local Government Contact /Website Update Form available under Technical Assis-tance Forms and Publications on the DLG’s website.

Other Methods to Distribute Notice:Besides 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 eligible 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, org. other informational mailing sent by the district to the

eligible electors.3. Physically posting the transparency notice as provided in

the statute,2 but only if the special district has less than 1,000 eligible electors and the district is wholly located in a county with a population less 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., or, SDA has prepared a statutorily-sufficient transparency notice template that you may download from the SDA website “Re-sources” page.

Inactive district exemption Special districts which have legally claimed “inactive” status pursuant to section 32-1-104, C.R.S., are exempt from com-plying with the transparency notice provisions in section 32-1-809, C.R.S.

2 See §32-1-809(2)(e), C.r.S.


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