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MINUTES
WELD COUNTY COUNCIL SEP 1� 1982
August 5, 1982
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The Weld County Council met in regular session in full conformity with
the Weld County Home Rule Charter at 915 Tenth Street, Greeley, Colorado,
August 5, 1982, at 1 :30 p.m.
ROLL CALL
The following members were present in person: President DeAnn Emerson,
Ralph Waldo, and Patricia Anderson. Council members Donald Elliott and Howard
Foster were absent. Also present for portions of the meeting were one member
of the press and County Commissioner John Martin. Susan Elton substituted as
secretary to the Council .
MINUTES APPROVED
Ralph Waldo made a motion to approve the minutes of July 1 , 1982, as
written. Motion seconded by Patricia Anderson and carried unanimously.
ADDITIONS AND/OR DELETIONS
There were no additions to or deletions from the agenda.
APPOINTMENTS
Council members were encouraged by the President to attend those upcoming
meetings listed on the agenda.
CORRESPONDENCE
Regarding a memo received from the Director of Personnel respecting merit
pay for 1982, Ralph Waldo requested more information be secured as to "benchmark"
figures used in determining salaries of county employees. The secretary was
directed to request such information from Don Warden, Finance Director.
A letter received by the President from concerned foster parents was read
to the Council . She informed the council that she had visited with Gene McKenna
of the Social Services Department concerning this problem but she received very
little information as she was advised the information desired was considered
confidential . Her written response to the foster parents apprising them of the
fact that she could do no more was approved by the Council . In this same letter,
she made the foster parents aware of alternative agencies which may be able to
help them with the problem. The Council also decided to invite Gene McKenna to
attend the next Council meeting to discuss procedural policies with his department.
DeAnn Emerson's response to Marc McLean's Letter to the Editor regarding the
Sheriff's Department was read to the Council . Council members approved her
response in the form of a Letter to the Editor of the Greeley Tribune.
Council had received an anonymous note questioning the propriety of the
resolutions passed by the county commissioners endorsing employee contributions
to the United Way. According to the Charter, if an employee soliciting for a
charity has the permission of his or her department head to do so, there exists
no conflict with the Home Rule Charter.
OLD BUSINESS
The President's response to Jerry Snapp's letter of June 22, 1982, questioning
the Council 's ruling of his conflict of interest was read and approved by the
Council .
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MINUTES, WELD COUNTY COUNCIL PAGE TWO 08-05-82
The resolution adopted July 1 , 1982, regarding Pro Bono legal services
provided by the county was signed.
NEW BUSINESS
The Council discussed a problem arising from the Sheriff's Department.
Two former officers requested to be rehired 6 days after the allotted 90 day
period without being retested. Council decided that regardless of circumstances,
the Charter left no recourse but to go ahead and require their being retested
if they desired to be rehired.
Weld County's involvement in the financing of the new air ambulance operating
out of the North Colorado Medical Center was questioned. It was determined that
it is not a county expense as it is owned by a private Boulder firm.
Council discussed the Sheriff Andrews/Lew Tydings case. They read the
Charter and state statutes regarding duties of the Sheriff.
Patricia Anderson moved that the July council bills be paid. This motion
was seconded by DeAnn Emerson and passed unanimously.
EXECUTIVE SESSION
At 3:20 p.m. , Patricia Anderson moved that the Council adjourn to an
executive session. Ralph Waldo seconded the motion and it passed unanimously.
At 4:30 p.m. , Patricia Anderson and Ralph Waldo moved and seconded that the
meeting reconvene. The motion passed unanimously. The Council then voted
unanimously to release information contained in a confidential report on the
sheriff' s office regarding the Lew Tydings case. DeAnn Emerson will prepare a
Report to the People to release the findings of this report. This decision was
placed in motion by Ralph Waldo and seconded by Patricia Anderson.
ADJOURNMENT
There being no further business, Patricia Anderson made a motion that the
meeting be adjourned. Ralph Waldo seconded the motion and it carried unanimously.
The time of adjournment was 4:35 p.m. , August 5, 1982.
The next scheduled meeting is Thursday, September 2, 1982, at 1 :30 p.m.
D n merlon, Presi ent
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Susan Elton, Secretary
9 - 2 -tea
Date Approved
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mEmoRAnDunri
hiDe To County Commissioners Date August 13, 1982
COLORADO From County Council Office - Vicky
Subject: News Conference
This is to advise you that the Weld County Council will
hold a news conference regarding the Lew Tydings investigation.
A Report to the People will be presented at the conference.
Date: August 17, 1982
Time: 11 :00 a.m.
Place: Council office
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REPORT TO THE PEOPLE
The County Council received a report in July, 1981
concerning a department of Weld County Government that was
very disturbing. On August 7, 1981, Mr. E. Lawrence Hyland
of Hyland Associates , Denver, Colorado, was employed by the
County Council of Weld County to audit the department in
question to determine the true status of the matters of
concern.
The audit resulted in Mr. Hyland submitting written
conclusions and recommendations concerning the powers and
duties of the Office of Sheriff of Weld County, in the hiring
and firing of deputies and possible methods of avoiding
situations such as presently exist in the Sheriffs Office of
Weld County, in the future.
A copy of the report, conclusions and recommendations was
furnished to the Board of County Commissioners of Weld County,
Colorado, in September or October, 1981.
The County Council believes the conclusions and recommen—
dations are worthy of the consideration of the citizens of
Weld County and should be made available to the people for
their information. For that reason the conclusions and recommen—
dations contained in the report are submitted in their original
form to the people as a report to the people of Weld County.
Respectfully submitted,
The Weld County Council
The conclusions and recommendations follow:
CONCLUSIONS AND RECOMMENDATIONS
CONCLUSION NO . 1
This matter might have been worked out very efficiently and
affably between the sheriff ' s department and the Weld County
personnel department had the newspaper stories been avoided .
Intimate details in Tydings personnel folder appeared in
print and according to the Director of Personnel he was mis-
quoted by the reporter . The publicity might have been avoided
if Tydings personnel folder could have been withheld from the
reporter . It was turned over to him as a result of a possible
misunderstanding of a section in the personnel operations
manual which states that an employee can give written permis-
sion to a third party to review that employees personnel folder.
I believe this was intended to make available certain information
in the files that would enhance an employee 's or former employee ' s
chances of employment with other concerns . In this case that
purpose was subverted to the detriment of the county personnel
office and the sheriff 's office and solely for the personal gain
of the employee involved.
RECOMMENDATION NO. I
To prevent a recurrence of this situation, and to protect
the county' s welfare as well as the supervisory personnel whose
names appear in personnel records, the personnel operations
manual should be reviewed. Special attention should be given
to removing the right of an employee to give written permission
to open county files to a third party, who in fact, might be
or become an adversary of the county.
CONCLUSION NO. 2
Colorado Revised Statutes, 1973, Section 30.10.506. II ,
"Appointment of Deputies", states in part that "sheriffs may
appoint deputies and revoke the appointment at their pleasure".
The only exception to this appears to be situations where
deputy sheriffs are appointed under a civil service statute .
Weld County has not established a statutory civil service
organization.
Home Rule Charter, Part 4.2 (B) (2) (h) states that personnel
systems will comply with state statutes .
2u
CONFIDENTIAL
Suplement 25, June 1980, available in the Office of the
Director of Finance, (copy attached) , also points out that
because of the unique tort liability problems faced by the
sheriff, he may appoint and dismiss his deputies at will.
Despite the fact that the Home Rule Charter states all
"elected officials" will abide by county personnel policies and
procedures, it appears conclusive that because the sheriff is
personally liable for their actions, deputies serve at his will
in Weld County.
RECOMMENDATION NO 2
In view of evidence to support the fact that deputies serve
at the will of the sheriff, they should be included in the "exempt
positions" in Section 1 .19 of the Weld County Personnel Policies
and Procedures.
If a more definitive statement of exemption for deputies is
needed the courts should be petitioned to issue a declaratory
judgement stating clearly deputy sheriff status under Home Rule,
i .e . , are they or are they not governed by Home Rule personnel
procedures.
If the deputies can only be dismissed by county personnel
rules, then the county must assume the sheriff 's personal liabi-
lity for their actions as set forth in the State statutes. The
sheriff under these procedures will become merely their supervisor.
2.1.
CONFIDENTIAL
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