Who can run for the Board of Directors and how does a person become a candidate?
Candidates for the Board of Directors of the fire protection district are self-nominated. They do not circulate a petition to be nominated. Instead, any person who wishes to be a candidate for the Board of Directors must file a self-nomination and acceptance form or letter signed by the candidate and a witness. The self-nomination and acceptance form must be filed at least 67 days before the election date. Each person who is elected to the Board of Directors must take an oath that he/she will faithfully perform the duties of the office and will support the constitutions of the United States and the state of Colorado, and the laws made pursuant the constitutions. In general, members of the Board of Directors serve four-year terms; however, members of the initial Board of Directors serve only until the next regular elections can be held. Therefore, two Director positions will be up for election in May 2012, and three Director positions will be up for election in May 2014.
A person must meet two requirements to be a candidate for the Board of Directors of the fire protection district. First, the person must be registered to vote in Colorado at the time of signing the self-nomination and acceptance form. Second, the person must meet one of the following requirements:
- He/she has lived within the boundaries of the proposed fire protection district for at least 30 days, or
- He/she owns taxable real or personal property within the boundaries of the proposed fire protection district, or
- His/her spouse owns taxable real or personal property within the boundaries of the proposed fire protection district.
Owning "taxable real or personal property" includes someone who owns land, a house, a mobile home, a manufactured home, a business, or any other property that they pay property taxes on. It also includes someone who is under a contract to purchase property if the contract requires that person to pay the property taxes. However, a business owner or trustee is considered to own property only if he/she personally owns the property as an individual. A business owner or trustee is not considered to own property if title to the property is held solely in the name of the business or trust. Due to conflict of interest, Colorado law prohibits employees of the fire protection district from also serving on the Board of Directors. Similarly, individuals may not serve both in the fire protection district's active volunteer firefighter program and on the Board of Directors, because of the conflict of interest that would result from the individual acting as both the supervisor (as a Director) and the supervised (as a volunteer firefighter).
A sitting Director may not vote on any issue in which he/she has a conflict of interest, unless the Director first discloses the conflict to the Board of Directors and the Secretary of State. A "conflict of interest" occurs when the Director has a direct or indirect personal interest in a contract, purchase, payment, or other financial transaction of the fire protection district. A Director who is receiving workers' compensation benefits or pension payments related to his/her service as a firefighter may not vote on any issue related to the disability or pension payments.
