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Home My WebLink About770465.tiff IIIEMORIInDUM WilkTo Tom David, County_Attorney o,te_10/14/77 COLORADO From June Steinmark, Chairman, et al Subject. Filing of Court Action in Matter of Jacobucci Suspension and request for preliminary injunction -- Commissioner request for legal opinion. We have been advised that on this date, October 14, 1977, a court action has been filed in the above referenced matter. We are requesting that you provide a written legal opinion to the Board of Weld County Commissioners on the above matter, in regard to the following: 1. Whether or not the above action is an action filed in reference to Victor Jacobucci ' s position as a County Commissioner. 2. The Board of Weld County Commissioners' responsibilities to enter as a party to the action. 3. The Board of Weld County Commissioners' responsibility to provide legal representation, by the County Attorney, for Commissioner Jacobucci in the above referenced matter. 4. Any further information concerning the legal aspects of this matter which in your opinion the Board would need to arrive at a decision concerning any action the Board might wish to take in the above matter. We wish to have the opinion available for Board review on Monday, October 17. 6) (- - %June K. Steinmark, Chairperson Edward L. Dunbar, Commissioner Leonard L. Roe, Commissioner Norman Carlson, Commissioner JKS/clb 770465 1112—Lorb•d Summon. In CDR Lotion- __. -- -- . COURT. IN THE DIS1...CT STATE OF COLORADO, DIV ISM. County of_ . WELD /_ ��/_4� l CIVIL ACTION No.....,-7 . d THE PEOPLE OF THE STATE OF COLORADO PLAINTIFF vs. VICTOR JACOBUCCI, County Commissioner of Weld County, State of .Colorado, SUMMONS DEFENDANT THE PEOPLE OF THE STATE OF COLORADO, TO THE DEFENDANT . ABOVE NAMED—GREETING: You are hereby summoned and required to file with the Clerk an answer to the complaint within 20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken against you for the relief demanded in the complaint. of the If service upon you is made outside the State of Colorado,or by publication, or if a copy com- plaint be not served upon you with this summons, you are required to file your answer to the complaint within 30 days after service of this summons upon you. This is an action' for relief pursuant to C.R.C.P. 106(3) and for Preliminary Injunction pursuant to C.R.C.P. 65(a) and (c) You are further advised that hearing on Preliminary Injunction will be held on Friday, October 21, 1977 at 10:00 A.M. in Division 1 Courtroom. I t Dated ... c- .. _Q r0 R`14 19 77 - � 'hlary_S <.C QDIIt" BROOKE WUNNICKE, Supreme Ct. Regis.4854 1� .p ATTORNEY FOR PLAINTIFF. CLERK� F SAID COURT. ' /) 924 W. Colfax _Denver,..Colorado. $0204;Phone-57.5-5933 ADDRESS OF ATTORNEY. Ce,/ ,� 'DERUTY CLERK. � � J CL 11i� lY (SEAL OF COURT) -' NOTE.—This summons is issued pursuant to Rule 4, Colorado Rules Civil Procedure. Warning: If this summons does not contain the docket number of the civil action, then the complaint may not now be on file with the clerk of the court. The complaint must be filed within ten days after the summons is served, or the action may be dismissed without notice upon your proper request to the court. Information from the court concerning this civil action may not be available until ten days after the summons is served. Note — This summons is issued pursuant to Rule 4, Colorado Rules Civil Procedure. 'If the summon,is published or served without a copy of the complaint, after the word "action" state the relief demanded. If body execution is sought the summons must atate "founded upon tort.," • IN 'tHE 315Th? iC']' COURT Lr-I AHD VOli THE IE COUNTY Of' WELD STATE OF COLORADO • Civil Action No . THE PEOPLE OF THE STATE OE COLORADO , ) Petitioner, ) COMPLAINT FOR Rh:lJl(P PURSUANT TO C . I] . C . P . 106( 3 ) vs . ) AND ) ' b'nit PRELIMINARY INJUNCTION VICTOR JACOIJUCCI , County ) PURSUANT TO C . R . C .P . 66(a) and ( c ) Connnissioner of Weld County , ) State of Colorado , ) Respondent . ) I . On August 17 , 1977 , the Weld County Grand Jury indicted respondent on three counts : one count of Failing to Disclose a Conr filet of Interest , in violation of Section 18-8-308 , C . R . S . 1973 , and two counts of First Degree Official Misconduct , in violation of Section 18-8-404 , C .R . S . 1973 , the statutory classification of' each offense �I jl being a class 2 misdemeanor. A true copy of the Indictment is attached to this Complaint as Exhibit A and incorporated here by this r<' fvreone . 2 . Weld County is a home rule county, y li and the county electors adopted a charter pursuant to Article XIV , Section 16 , Colorado Con- � I stitution ; and , Article X1L1' , Section 13-8( 5) of L;hat, charter reads : I ' i " ( b) in the event an elected official is formally charged or indicted for the commission - of a crime , the Council may suspend ouch officer, � t with or without pay, pending prosecution of the offense . if an elected officer is found guilty of any crime by a court or jury , the Council shall immediately suspend such officer without pay until his conviction shall become final and he hasexhausted) or by flure to assert them , r� has waived all rights to trial and all rights of appeal . At the time such off'icer ' s conviction is final , the office shal. I he vacant and the �k vacancy filled as herein provided . " _Emphasis supp.1led . I it 3 . On August 24 , 1U77 , 1, or County Council adopted n resolution of partial suspension of Commissioner .1,:rcohucci . a . The resolution included inter alit ( i ) findings , and ' ( ii ) immediate suspension of the Commissioner, with full pay , from his position cud Coordinrrto - of the Department of Engineering • • ii I Service:; of the office of Weld County Commissioners . 111 b . A copy of the resolution of partial suspension is • attached as; Exhibit R . (1 4. On September 6 , L977 , the Weld County Council adopted a resolution of "full" suspension , with full pay , of Commissioner Jacobucci ; and , a copy of that resolution is attached as Exhibit C . 5 . After the Weld County Council adopted the resolution of ll September 6 , 1977 ( Exhibit C ) suspending respondent as a County Commissioner and despite respondent ' s knowledge of said suspension , respondent has unlawfully continued purportedly to perform the functions of a county commissioner , including attendance at meetings of the Weld County Commissioners where he has purportedly acted and participated as a county commissioner involving , without limitation , his making motions and voting thereon , all contrary to said resolution adopted pursuant to the Weld County Home Rule Charter oral to the constitution and statutes of Colorado . 6 . As a result of respondent ' s wrongfully continuing to act as a county commissioner , petitioner has suffered and wilt continue to suffer irreparable damage and injury consisting of, but not limited to , respondent ' s unlawful participation in Weld County Commissioners ' meetings whereat certain actions have been approved by a 3-2 vote with respondent ' s casting a void majority vote ; actions ho approved by the unlawful vote of respondent are not valid actions of the Weld County Commissioners , and the same invalidity would result from respondent ' s casting the defeating vote ; and , any 'act taken by petitioner in reli- ance upon said actions thus unlawful]yiapproved or defeated by res- pondent ' s void vote is and will be at petitioner ' s peril. , thereby depriving petitioner of the People ' s, right and need to rely upon the validity of the Weld County Commissioners ' adopter , repent , or amend- ment of any resoluuion ur ordinance . 7 . Petitioner has no plain , role;P° Le , or speedy remedy at law other than a peel imiii:sry i.n,juneti.on to citecur the statue pso of respondent ' s suspension pursuant Lo the Weld County• Council ' s renolu— Lion duly adopted on 1;opterrrber 6 , J 977 . 8 0 Li Lion or De al Io£,es that; r•cr;pundr•iiI, is nit } ow Ft;l Iy exercising the public office of a county cornmiss Lone r „and C . R . C . 1' . I06 provides in pertinent part : "When such an no Lion is br'oughl; against a defendant ailefred to have usurped , intruded into , or who allc�edIy rIH awCnlly holds; or exercises; any pub] l.c ol'fi.ce , civi l or in L I :1 Lary , or oily I'rrr lie hi_se i t shall he given precedence over other civil actions except similar actions previously commenced . " WHEREFORE , upon the basis of the a] ] cgaL iorrs in the foregoing petition , petitioner asks this court to : (1 ) Declare that respondent Victor Jacohucci is unlawful. Iy exercising the public office of Weld County Commissioner until and unless he shall become eligible for reinstatement as provided for in Article Xl1I , Section 13-8( 5 ) of the Weld County Home Rule Charter; ( 2 ) Enjoin respondent Victor Jacobucci from exercising in any manner whatsoever the pub] ic office of Weld County ComnrissLoner until and unless he sha.l ] become eligible for relnstrrtementas provided For in Article X] ]:I , Section 13-8( `.i ) of the Weld County Home Rule Charter ; (3 ) Give this action precedence over other civil. actions ; and , ( ) Grant such other and further eel Le f' as this court shall deem proper. Dated October , 1977 . • THE PEOPLE Oft THE SPATE OF COLORADO \ ( II by : _ 1.31(001P; Wl1NNl ('K6 , Supremo Court Regis . No . '1851 17uIy upon iuLod ;and Acting Special Deputy District Attorney , Nineteenth Judicial liis Li' Lut 92/1 Wan , Colfax Deliver , Colorado 807O'I To I e`phone : 57b—',p:11: • I , _ 4— • i STATE Of COLORADO ) ss CITY AND COUNTY OF DENVER ) Brooke Wunnickc , being first duly sworn , deposes and says : I am a duly appointed and acting Special t)cputy District Attorney in and for the Nineteenth Judicial District. , State of Colorado ; I make this affidavit for and on behalf of the People of the State of Colorado , petitioner herein , as attorney for the petitioner whom I represent as authorized by C . P . C . I' . I (1N( a) ( ;J ) ; I have read the foregoing Petition , including attached Exhibits A , 13 , and C incorporated therein by reference , and the allegations thereof are true to the best of my information and belief. BROOKE WIJMNIC KP; Spre l of Deputy 3) i.s t) i n Attorney in and For the N ii)e teen th Judicial District , State of Colorado a Subscribed and sworn to before me this —day or October , 1977 . 1'� ( /6 G . L C..� 1 ! J L� NOTARY I'Ultl IC It My commission expires : t. ! r P STATE OP COLCIGsi O, -- -I IN ME DISTRICT Collar ox' TIIE Cmcntl Weld NINEME 71�g JUDICIAL DISTRICT ss. JANUARY Ire ---------------- -- Criminal tlthen No.__,,,, PEOPLE OF TILE STATE OF COLORADO -- VICTOR JACOBUCCI , - ) ! I . INDICTMENT FAILING TO DISCLOSE A CONFLICT OF INTEREST (M-2) • FIRST DEGREE OFFICIAL MISCONDUCT (P1-2 ) FIRST DEGREE OFFICIAL MISCONDUCT (H-2 ) JANUARY GI the__.....- --.---..terra of the District 1977 C Cowl, in the year of our L onl_..----_-- The Crawl Jurors chaser), selected and sworn, in and for the County of Held, in the and y their oaths, the authority of The People of the State of Colorado, upon nano and by present: Ii That on or n1 iuL the-_ 10th September dap of_....- 76 of field „ Colorado, , 19._.__., in the County VICTOR JACOBUCCI , a public servant, unlawfully failed to disclose a conflict of interest when he exercised a substantial discretionary function in connection with a county contract, purchase, payment , and other pecuniary transaction, If specifically the improvement of County Road 2 adjacent to and work performed on 1= his property located at the southeast corner section 36, Township 1 , Range 68, of Weld County, Colorado , without having given seventy-two hours actual advance If written notice to the Attorney General of the State of Colorado, or the Weld County Government , a Government agency which employed said defendant, of the existence of his known potential conflicting interest in the transaction with reference to which he was about to act in his official capacity; in violation of Colorado Revised Statutes 1973 as amended , 18-8-308 and against the peace and dignity of the People of the State of Colorado. t Count II: That on or about the 10th day of September, 1976, in the County of Weld , Colorado , VICTOR JACOBUCCI, a public servant, namely a Commissioner for i • Weld County, Colorado , with intent to obtain a benefit for himself, did unlaw- I fully and knowingly refrain from performing a duty imposed upon him by law and clearly inherent in the nature of his office, specifically, failure to notify the Weld County Council of a conflict of interest pursuant to the ( ' Home Rule Charter for Weld County, Colorado, Section 16-9 entitled "ConflictII of Interest; " in violation of Colorado Revised Statutes 1973 as amended 18-8-404 and against the peace and dignity of the People of the State of Colorado . 4. ri COUNT III : That on or about the 10th day of September, 1976, in the County of Weld, Colorado , VICTOR JACOBUCCI, a t Weld County, Colorado, with intent touobtai �eavbenefi�t for himsy, a elf ,sdidnunlaw- � � fully and knowingly violate a lawful adopted rule and regulation , specifically, � � by failing to notify the Weld County Council of a conflict of interest pursuant i � i to the Home Rule Charter for Weld County, Colorado, Section 16-9 entitled "Conflict Ir of Interest; " In violation of Colorado Revised Statutes 1 973 cat amended.__. _.18-8-404 Ir ,I and against the peace and dignity of The. People of the Stale of Colorado. 1 > Dated:. .',i'.4C(J,Ct,dff .._/._I)-LC/ /vJ 7 JJ a True Bill. CT-) c m , J101112-1T II. ilflheri Foreman� District Attorney 19thJudidal District /� 1.,1 1�1 • • `71 I l ' 1 IF I hereby consent to the filing of the foregoing indiclmerit -Bail is fixed in the amount of $ • the bond to be approved by the Sheriff of the county wherein the arrest occurs or other officer authorized by law to admit to bail, and the clerk of this court is hereby directed to issue a warrant for the arrest of the Defendant(s). Judge, District Court People's Witnesses: Dennis Michael Dunn Frank Smith 201E N. 6th Avenue Glenn ngs Glenn Engineer N.W. of Greeley, Colorado Greeley, Colorado 2056 17th Avenue Greeley, Colorado Norman Carlson Edward A. 01ennclenning County Commissioner Weld County Roads & Bridges Ron Meyer Centennial Center - Adams County Public Works Greeley,Wol d �n ty Centennial Cente Colorado Greeley, Colorado Adams County, Colorado Roy Dean Grasmick Albert Sacks Roy Moser • 515 1st Street Brighton, Colorado 1925 24th Avenue Court Windsor, Colorado Greeley, Colorado Ray Moser Claud Wayne (lanes Weld County Roads & Bridges June Ste inmark , 23816 Road 66 Centennial Center CnunLy Commissioner Greeley, Colorado Greeley, Colorado Centennial Center Robert Staggs Lacy Wilkinson Bette Rhoden District Attorney's Office County Council Secretary Weld County, Colorado County Commissioner Bob F. White Rod Capron County Council Thomas 0. David District Attorney' s Office County Attorney Weld County, Colorado Floyd Oliver County Council ; Donald W. Morgan I 519 Grand Avenue Nancy Clark Platteville, Colorado County Council !� Wayne Larson John Martin Weld County Roads & Bridges County Council Centennial Center Greel ey, Colorado Samuel Tel ep 1220 Bldg . , 1720 11th Avenue Suite 300, Greeley, Colorado (. STATE OF COLORADO, County of Weld ( I' it . I, rr Clerk of the District Court within and for the County of Weld , in the 19th Judicial District of the State of Coiorado, do hereby certify the within and foregoing to be a true, full, correct and complete copy of the indictment filed in said Court, in the cause entitled, The People of the State of Colorado against �l and I do further certify the jury list annexed to be true, fell and correct, for the term above specified. Witness my hand and the seal of said Court hereto affixed at my office at Greeley, in the County and State aforesaid, this day of A.D. 19 Clerk 13-v Deputy Hello