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MINUTES j
WELD COUNTY COUNCIL
September 2, 1977 SEP 211977
The Weld County Council met in special session in u GREELEY. COLO'
conformity with the Weld County Home Rule Charter at
9th Avenue and 9th Street, Greeley, Colorado, September
2, 1977 at the hour of nine o'clock.
ROLL CALL: The following members were present:
Nancy Clark, President
John Martin, Councilman
Bob E. White, Vice President
Floyd Oliver, Councilman
Robert Martin, Councilman
Also present: Attorney Bob Ray; County Commissioners Ed
Dunbar, Norman Carlson, June Steinmark: County Attorney
Thomas David; Citizens Stephen Hamilton and Mr. Brown; and
the secretary, Beverly Thomas.
VICTOR JACOBUCCI CASE: Nancy Clark asked that a copy of the
County Commissioner's meeting of August 29, 1977, in which
the Commissioners had acted on the Council's partial
suspension of Victor Jacobucci, be played by tape. recorder.
Nancy then read a letter from June Steinmark stating the
County Commissioners accepted the resolution of the County
Council, but that they would retain Victor Jacobucci as
Coordinator of the Department of Engineering Services.
Mr. Ray read his memorandum of law regarding the legality
and enforceability of the Council's partial suspension of
Victor Jacobucci. Ray stated that the Home Rule Charter
meets the requirement in the Constitution of the State of
Colorado of "as provided by law". Therefore, the Council
has the legal right to abide by the provisions of the Home
Rule Charter in suspending Victor Jacobucci.
Bob White asked Mr. David why he had not discussed the
constitutionality of the Council's powers listed in the
Charter with the Charter Revision Committee.
Robert Ray suggested that the Council had the following
alternatives: 1) Leave matters as they are. That is, the
' Council has done its duty and the County Commissioners have
elected to disregard that. 2) Bring court action to enforce
the partial suspension. 3) Make findings why there must be
a full suspension.
Stephen Hamilton Jr., a citizen attending the meeting, was
given an opportunity to speak. He stated that Victor
Jacobucci was not the issue. He felt that the point was
that the County Commissioners had defied the Home Rule
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September 2, 1977
Charter. Therefore he advised the Council to take the
Commissioners to court and if the court ruled in the
Council's favor, the Council should seek the removal of
all of the County Commissioners.
Floyd Oliver said that the Commissioners had twice over-
ruled the Council's authority to rule on conflict of
interest, and he felt it now behooved the Council to
take the matter to court and to get a legal opinion.
Bob White said he felt the County Commissioners are twist-
ing the Charter to discredit the County Council in a
deliberate effort to stop the Council from performing the
duties Council members were sworn to do.
Bob Martin noted that the Council's primary responsibility
was to the citizens of the county. He said that there
should be responsible government and the people should have
confidence in it. Therefore, Bob continued, the Council
should rescind the partial suspension and proceed with a
full suspension and proceed through the courts, if necessary,
to perserve faith in county government.
John Martin felt that the Council has been trying to
implement the Charter and County Commissioners are using
it when it is convenient and questioning it when they do
not like what it says. He said he does not see the issue as
a council versus Commissioners fight, but as an attempt to
follow the Charter.
Nancy Clark said that if the Charter is to have value it
apparently needs to be more clearly defined, but she did not
like that to happen with a personality in the midst of it.
A member of the audience, Mr. Brown, stated that it is up
to the County Council to see that the law is followed and that
the County Commissioners have no right to break the law. The
Home Rule Charter is the law.
It was suggested that the Council go into Executive Session
to discuss the matter with their lawyer in a client-lawyer
relationship. Floyd Oliver made a motion that the Council
recess to Executive Session until 11 A.M. Bob White seconded
the motion and it passed unanimously.
When the meeting was reconvened at 11 A.M. Bob White outlined
the history of the Jacobucci conflict of interest case that
had led the Council to this special meeting. Bob then made
a motion that Mr. Ray be instructed to prepare a resolution to
suspend Victor Jacobucci with pay. The resolution was to
include all the reasons for the suspension and be ready for
the Council to adopt on September 6, 1977
Weld County Counyil Minutes Page 3
September 2, 19
Bob Martin seconded the motion and it carried unanimously.
It was decided a letter would be drafted to Mr. Jacobucci
inviting him to appear at the September 6, 1977 meeting
to show cause why the resolution should not be adopted..
There being no further business, the meeting was adjourned.
Respectfully submitted,
Beverly Thomas APPR0VED7//��/�
Council Secretary
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