HomeMy WebLinkAbout770061.tiff RESOLUTIO N
RE: Suspension of Weld County Commissioner, Victor Jacobucci
WHEREAS , a special meeting of the Weld County Council was called
for 9 : 00 A.M. on September 2, 1977, to consider the possible full sus-
pension of Weld County Commissioner, Victor Jacobucci ; and,
WHEREAS, at said special meeting the following factors were
taken into consideration by members of the Weld County Council :
1 . In December of 1976 the Weld County Council was presented
with the question of a possible conflict of interest for Weld County
Commissioner , Victor Jacobucci, concerning his use of county equipment
and labor on his farm in exchange for dirt to be used on County Road 2 .
As required by Article XVI , Section 9 of the Weld County Home Rule
Charter, the Weld County Council made a full investigation into said
question . At the conclusion of that investigation the Weld County
Council made a finding that Victor Jacobucci had a conflict of interest
and recommended to the Weld County Board of County Commissioners that
he be removed from any position having a connection with the Depart-
ment of Engineering Services of the Office of the Weld County Commissioners .
2 . Article XVI , Section 9-(3 ) of the Weld County Home Rule Charter
provides as follows :
In the event a question arises as to possible
conflict of interest between any county officer,
member of an appointed board, or employee , and
any enterprise or organization doing business
with Weld County, the question will be presented
to the County Council for review, investigation ,
decision and resolution . The judgment and de-
cision of the council shall be considered final
and shall be made a matter of public record.
(Emphasis Added)
The Weld County Board of Commissioners , in direct conflict with the above
cited Charter provision and without any authority whatsoever, thereafter
made their own investigation into the matter, made a finding that Mr.
Jacobucci had no conflict of interest , and, therefore , refused to re-
move him from any connection he may have had with the Department of
Engineering Services of the Office of the County Commissioners .
3 . On the 17th day of August , 1977, the Weld County Grand Jury
indicted Victor Jacobucci for one count of Failing to Disclose a
Conflict of Interest , a class 2 misdemeanor, and two counts of First
Degree Official Misconduct , each being a class 2 misdemeanor . The
Weld County Council then met to consider the possible suspension of
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770061
Victor Jacobucci as required by Article XIII , Section 8-(5 ) of the
Weld County Home Rule Charter . After full investigation and dis-
cussion at said meeting, the Weld County Council voted to suspend
Victor Jacobucci from his position as Coordinator of the Department
of Engineering Services based upon the following factors :
A . The three class 2 misdemeanors for which he had been indicted
arose directly out of his connection with activities of a subdivision
of the Department of Engineering Services .
B. If Mr. Jacobucci were to remain in his position of Coordinator
of the Department of Engineering Services , it would put both Mr.
Jacobucci and employees of the Department of Engineering Services in
a most difficult position, since employees of that department in all
likelihood would be called as witnesses, either for or against Mr.
Jacobucci , in the pending criminal prosecution .
C . In order to maintain the citizens ' trust in their form of
government, and negate the possibility of any appearance of improprieties ,
it would be in the best interest of both the citizens of Weld County
and Mr. Jacobucci for him to either step down or be removed from his
position as Coordinator of the Department of Engineering Services.
4 . Thereafter, the Board of County Commissioners upon receipt
of said Resolution , and a legal opinion from the County Attorney ,
voted to refuse to remove Victor Jacobucci from his position as Coordinator
of the Department of Engineering Services . Prior to taking that
action the Board of County Commissioners determined that that portion
of Article XIII , Section 8-(5) of the Weld County Home Rule Charter
which authorizes the Weld County Council to suspend an officer who has been
indicted for, but not convicted of an offense, to be an illegal grant
of power and therefore unenforceable ; and ,
WHEREAS , at the meeting held on September 2, 1977 , the Weld County
Council made the following findings :
1 . Based upon the legal opinion provided the Weld County Council
by its attorney , Robert E . Ray , and the legal opinion given to the
Board of County Commissioners by County Attorney , Thomas 0. David, it
is apparent that the partial suspension of Victor Jacobucci is not as
legally enforceable as a full suspension would have been .
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2 . The removal of Victor Jacobucci from his position as Coordinator
of the Department of Engineering Services is absolutely necessary in
order to maintain the citizens ' confidence in their government , and in
order to remove any possibility of the appearance of improprieties which
might arise if Mr. Jacobucci were left in charge of the department whose
employees may be called to testify, either for or against Mr. Jacobucci ,
in the pending criminal prosecution .
3 . All members of the Weld County Council and the Weld County
Board of Commissioners took an oath to uphold all provisions of the
Weld County Home Rule Charter. Therefore , it is not proper, either
morally or legally, for either the County Council or Board of Commissioners ,
to determine that some provisions of the Weld County Home Rule Charter
are invalid, and therefore refuse to follow the same .
4 . The only method the Weld County Council has available to it at
this time to insure that Victor Jacobucci is removed from his position
as Coordinator of the Department of Engineering Services is to suspend
him from all of his duties as a Weld County Commissioner .
NOW, THEREFORE , BE IT RESOLVED, that the Findings of Fact set
forth in the Resolution of the Weld County Council dated August 24 , 1977 ,
and dealing with the partial suspension of Victor Jacobucci , be, and
hereby are , incorporated herein by reference and made a part hereby
as though fully set forth, and, based upon the foregoing , Victor
Jacobucci be , and he hereby is , suspended from his position as a
Commissioner on the Weld County Board of County Commissioners , and all
duties attendant thereto . Said suspension shall be with full pay,
shall take effect immediately , and shall remain in effect as provided
for in Article XIII , Section 8-(5) of the Weld County Home Rule Charter .
The above and foregoing Resolution was , on motion duly made and
seconded, adopted by the following votes :
AYES : (L,>' f?i„, (2. (I-
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Dated: September 6, 1977
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