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WELD COUNTY COUNCIL .r' 1"7
May 30, 1978
JUN 6 .
978 11
The Weld County Council met in special session in full aft4
etizu
conformity with the Weld County Home Rule Charter at ate„
915 10th Street, Greeley, Colorado May 30, 1978 at the
hour of 9 A.M.
ROLL CALL: The following members were present:
Bob White, President
Floyd Oliver, Vice President
Robert Martin, Councilmember
John Martin, Councilmember
Nancy Clark, Councilmember
Also present: Mr. Jenkins; Commissioners Dunbar, Carlson, Roe,
Jacobucci, Steinmark; Bev Brown, Observer for LWV; 5 members of
the press; acting secretary, Juanita Allen.
MINUTES: Nancy Clark made a motion that the minutes of the May 16,
1978 meeting be approved as submitted. The motion was seconded
by Robert Martin and passed unanimously.
CORRESPONDENCE: Letters received and mentioned by the President
included a letter of opposition to proposed expansion of the
airport by residents of that area; letter from the Commissioners ,,,.,
regarding a newly established county credit union; letters from
the Greeley Independence Stampede Committee; and the 4-H news.
The secretary was instructed to notify the Stampede Committee
that Bob White and John Martin will represent the County Council
in the parade.
DIRECTION OF PERFORMANCE AUDITOR: Mr. White expressed concern over the
fact that the existing Rules of Order make no reference to details
for providing direction to a performance auditor nor are there
specific procedures for reporting to the public. Nancy Clark,
chairperson of the Procedures Committee, stated that although the
committee had not been able to meet to make specific suggestions
on these two issues prior to this meeting, in previous discussions
they felt a definite need to avoid excessive detail in the rules
to expedite the work of the group. Current methods of dealing with
these situations were discussed at length.
Nancy Clark made a motion, seconded by John Martin, that #5, Rules
of Order be amended to include the statement that direction, as
required, will be given to the performance auditor by the Council
President or the Chairman of an assigned committee. The motion
passed unanimously.
REGULAR EXECUTIVE SESSIONS: Pros and cons of the current regular use
of executive sessions by the Council were discussed. Several members
780958
Weld County Counci rinutes
May 30, 1978
Page 2
of the press stated that the current method was more convenient
for them although the question of legality was raised. Council
members mentioned that it was possible that much of the criticism
received was due to the fact that executive sessions, upon approval
by motion, appeared on every agenda and, to date, no motion to
hold executive session had been defeated.
Nancy Clark made a motion that the Council seek the opinion of
its legal counsel to ascertain the legality of the procedure
(Rules of Order #2) being used currently in holding executive
sessions. Floyd Oliver seconded the motion and it passed unanimously.
COUNCIL REPORTS: Members discussed current difficulties in reporting
accurately and adequately to the public within the many constraints
faced by the Council including media coverage of Council meetings.
John Martin stated that the Council and others should remember that
the performance auditor is only a fact finder and reports should be
released by the Council, not the performance auditor. Bob White
asked members if it would be helpful for Council members to receive
typewritten copies of performance auditor reports by mail prior
to Council meetings as an aid in the discussion and preparation of
reports. This suggestion was received enthusiastically. The
advantage of having the meeting agenda in advance was also mentioned
as a helpful tool if and when possible.
COUNTY ATTORNEY REPORT: Mr. White read a brief history of the office of
County Attorney which he had prepared. Nancy Clark made a motion, ,
seconded by Floyd Oliver, that this information as read be included
in the final report on the office of County Attorney; motion passed.
Mr. White then asked Mrs. Clark to read the previously printed
County Council report on the County Attorney. Opportunity was
provided for County Commissioners and Council members to comment
as the report was read. President White also asked Mrs. Clark to
read the taped transcriptions of conversations between performance
auditor Anthony Jenkins and Nebraska court personnel relevant to the
previously discussed legal practice of County Attorney, Thom David.
Nancy Clark proposed that the report be amended to state that it
appears that case 7-13 is inactive for Mr. David, and that the
statement from Judge Marshall in regard to the apparent case closing
date of April 10, 1978 be included also. Floyd Oliver made a motion
that the County Attorney report be approved as amended. John Martin
seconded the motion and it passed unanimously.
BUILDING INSPECTION AUDIT: Mr. White asked Commissioner Steinmark,
coordinator for this area, to comment on steps which have been taken
to deal with complaints and problems which have occurred with county
building inspections. Mrs. Steinmark reviewed the background and
current activity of the Advisory Council which is composed of
representatives from all concerned parties including builders and
Planning Department staff. She indicated that procedural and other
changes have been made and suggestions for others have come forth as
County Council MinlrTh
May 30, 1978
Page 3
a result of the meetings of this group. She also stated that
information from Council investigation in this area could aid
the group in its efforts to correct problems.
John Martin, Council chairperson for this study, said that he
believes that the problems which prompted the investigation are
being adequately dealt with and that it appears at the present
that there is a greater need to probe more fully into the section
of the Planning Department which handles building permits and
zoning regulations. Commissioner Dunbar commented that any
information which would help to streamline operations, eliminate
"red tape" and decrease cost to citizens in this area would be
appreciated.
John Martin made a motion, seconded by Robert Martin, that the
Council continue its investigation within the Planning Department
in regard to building permits and zoning while discontinuing the
investigation pertaining to building inspections. The motion
passed unanimously.
AUDIT ON COUNTY VEHICLE USE AND SIGN DEPARTMENT: Bob White read a
letter from Commissioner Dunbar clarifying the meaning of "county
business" as applied to, employees who have around-the-clock use
of county vehicles. Mr. Dunbar stated that county vehicle use is
referred to in employee personnel policies and is confined to
employees in a supervisory capacity but the policy has not been
altered in many years and the Commissioners have no data on the
use of these vehicles for emergency purposes and/or other
permissible activities. Commissioner Roe stated that although
in recent years the number of vehicles which "go home" have been
greatly reduced the situation should be looked at more closely
at budget time for which information will be needed in advance.
Discussion of the best way to follow-up on this situation followed.
Nancy Clark made a motion, seconded by Floyd Oliver, that a written
report containing all information gathered by Mr. Jenkins on this
subject to date be sent to the Council prior to its next meeting
so that a decision can be reached at that time as to future action
of the Council. The motion passed.
Commissioner Roe stated that he could not comment or react to
problems within the traffic department's sign section because he
did not know what kinds of irregularities had been identified by
Mr. Jenkins. President White asked Mr. Jenkins to outline his
findings to date. Mr. Jenkins said that his information was sketchy
because the study had been temporarily halted but to date concern
focused on employee use of time on the job and a high proportion of
supervisory personnel in relation to other workers. Mr. White asked
Mr. Jenkins to amplify his report for the next meeting.
CONFLICT OF INTERSET DETERMINATION: Mr. White asked Nancy Clark to read
the pertinent section from minutes of the previous meeting to open
County Council MinV" s !"\
May 30, 1978
Page 4
the discussion of whether there is a conflict of interest for
Councilmember Robert Martin in view of his pending lawsuit against
Weld County Department of Social Services.
Robert Martin reviewed his position as to his objectivity as a
Councilmember in the present situation and stated that his
situation is not unusual for an elected official.
Mr. White asked each Councilmember to state his opinion on the
matter. Subsequently John Martin made a motion that the Council
declare that Robert Martin does have a conflict of interest in
respect to any determinations related to the county department of
social services. The motion lacked a second.
Floyd Oliver made a motion that the County Council declare that
Robert Martin has a conflict of interest as defined by the Home
Rule Charter because of the lawsuit which he has filed against
the Weld County Department of Social Services. Nancy Clark
seconded the motion. A roll call vote was taken as follows : Bob
White-no; Nancy Clark-yes; Floyd Oliver-yes; John Martin-yes;
Robert Martin-abstain. The motion carried.
Nancy Clark made a motion, seconded by Floyd Oliver, that the
Council ask Robert Martin to resign as a Councilmember because of
the declared conflict of interest. The roll call vote was as
follows: White-no; Nancy Clark-yes; Floyd Oliver-yes; John Martin-
no; Robert Martin-abstain. Tie vote ruled as a negative.
Bob White asked the secretary to have Attorney Bob Ray draft a
conflict-of-interest resolution regarding Robert Martin for the
next meeting.
COUNCIL EXPENDITURES: Mr. White explained that at this time 74% of the
Council's budget allocation for mileage has been spent although
many other line items are well under the budgeted amount. Following
discussion members agreed that the President should send the
appropriate memo to the Director of Finance, Tom Dority, reouesting
that additional monies be put in the mileage budget. The President
was also directed to ask an allowance for reimbursement of expense
incurred for long distance telephone calls made in lieu of auto
trips to expedite Council business.
There being no further business, the meeting was adjourned at 12:05 P.M.
Respectfully submitted,
Juanita Allen APPROVEDjede“liee
Acting Council Secretary Council President
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in accordance with the Home Rule Charter, Section
13-8 (6-7) , the Weld County Council is sending
you a copy of the enclosure.
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Review of Formation of County Attorney Office
Home Rule Charter establishing the Department of Law became
effective January 1, 1976.
Confusion as to the terminology in Article V, Section 5-2--
Qualifications--delayed appointment of the County Attorney.
The Council presented three papers regarding this wording
and obtained a statement signed by fifteen members of the former
charter committee in an effort to clear up the confusion.
Commissioner Carlson came to the Council with a resolution he
had drafted asking that a resolution giving the present County
Attorney all litigation in 1976 be rescinded.
Two assistant attorneys were appointed and a press release in
June, 1976 stated that a County Attorney had been hired.
In August, 1976 the Council met with the new County Attorney
and talked to him about the transition, resolutions, and other
matters and duties of the Department of Law. No mention of outside
employment by the attorney was made.
Prior to the appointment of a Charter Review Committee, Mr.
David met with the Council to talk about areas of the Charter which
might need correcting. There was a complete discussion of Article V
(Department of Law) . Mr. David did not mention his problem with
Section 5-1-(2) .
In August, 1977, people in the County talked to individual
members of the Council and stated their belief that Mr. David was using
County facilities and time for legal work other than that considered
proper.
The Council asked Mr. David for a record of his "Log Time" which
was denied on the basis that this was confidential information and that
the Council would need to make this request through the Commissioners.
This request was made to the Commissioners and was denied, however the
Council did receive a summary of the percent of time spent in various
areas.
r' r'N
Report from the County Council Iteyardinq Thomas David, County Attorney
Review of allegations that Thomas David has private law practice which
violates Home Rule Charter provision Article V, Section 5-1-(2) which
states: "The office of County Attorney shall he the primary employment
of the County Attorney and he shall have no other employment as an
attorney. "
On April 3, 1976 Weld County advertised in the Greeley Tribune for
a County Attorney. The ad states "Position is full time, and private
practice or other employment will not be permitted." This corresponds
to Weld County Home Rule Charter Article V, Section 5-1-(2) .
A statement from the Weld County Commissioners dated May 1, 1978
reads as follows:
On May 26, 1976, after voting to hire Mr. David as Weld
County Attorney, we directed Mr. Barton Buss, Director
of Finance, to contact Mr. David immediately by telephone
concerning his appointment. Mr. Buss then contacted Mr.
David and reported back to the Board of County Commis-
sioners that Mr. David would accept and would be available
July 1, 1976 to commence his duties as Weld County Attorney.
The Commissioners official action in a resolution dated June 2, 1976
stated "Be it further resolved that appointee shall be subject to all
qualifications, duties and provisions as set forth in the Weld County
Home Rule Charter and this resolution. "
June 11, 1976 Thomas 0. David was sworn in and said in part:
I , Thomas 0. David, do solemnly swear that I will support
the Constitution of the United States and of the State of
Colorado and will faithfully perform the duties of the
office of Director of Department of Law to be known as
County Attorney.
A statement from the Weld County Commissioners dated May 1, 1978
reads as follows :
On June 11, 1976 the various members of the Board of
County Commissioners met with Mr. David in the Weld
County Centennial Center and again discussed hi , work-
starting date. Mr. David explained that there iere
certain matters that obviously would run beyonn July 1,
1976 but he did advise the Board of County Commissioners
• that he would be in a position to devote "full time" to
the duties of County Attorney, "full time" meaning a
minimum of forty (40) hours per working week. Mr.
David further explained that it would be necessary,
on occasion, to be gone from Greeley on a regular
working day but he would, in every case, either dock
his wages, use compensatory time or use vacation time.
Mr. David further assured the Board of County Commissioners
that he would not undertake any new matters in his law
practice and that he would expedite the closing of all
matters at the earliest possible date, and would not,
in any way, allow the closing of his private matters
to interfere in any way with his duties as Weld County
Attorney.
Mr. David filed a probate case in Lincoln County, North Platte,
Nebraska June 1, 1976, six (6) days after he was informed of his
. Report from Count 2ouncil
RE: County Attorney
Page 2
appointment. The nunber of this case is 9848, probate case of
George W. Marshall. As of May 1, 1978 this case is still open.
(Reference Tape 7 to 104 and 203 to 268) .
Mr. David has a case in Loup County, Taylor, Nebraska. This is
case 7-13: the estate of James Hyde. This case was also open May 1,
1978. (Reference tape 107 to 202 and 272 to 319) . However, it
appears that this case is inactive. The probate side of case 7-13
is Case #31, Docket 14. According to Associate Judge Florence
Marshall, this case was closed April 10, 1978. (Reference tape #2,
11-232) .
Mr. David had a case in Grant County, Hyannis, Nebraska. This was
case #508, estate of Orrin B. Winter. This case was closed March 10, 1978.
Mr. David stated to the Commissioners in the minutes of the March
6, 1978 meeting that with the exception of one case, he had concluded
his private practice.
A letter dated May 1, 1978 from Bette Rhoden to the Weld County
Council states in part:
I remember that Mr. Tom David was advised that he could
remain on the cases which he had on file which would
cause a hardship on his clients by turning them over
to someone else, due to the research he had done and
lack of knowledge of the case by another attorney. Mr.
David stated he would close these cases out as rapidly
as possible, and would keep the Commissioners advised.
A letter from the County Commissioners dated May 1, 1978 states
in part: "No prior written agreement between the Weld County Board
of County Commissioners and Mr. David exists which relates the
conditions concerning Mr. David's disposition of this private law
practice."
Accepted and approved by the Weld County Council on May 30, 1978.
57,7-71°2-47-111
Council President
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