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OFFICE OF BOARD OF COUNTY COMMISSIONERS
, ^: P91QNE(303)356-4000, EXT.4200
' FAX(303)352-0242
'- P.O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
March 25, 1993
The Honorable Natalie Meyer
Secretary of State
Department of State
1560 Broadway, Suite 200
Denver, CO 80202
Board of County Commissioners of Weld County
915 Tenth Street
Greeley, CO 80631
Dear Secretary and Board:
Pursuant to C.R.S . SS 24-18-109(3) (b) and 24-18-110, this
constitutes disclosure of an action which may have the appearance
of impinging on my official duty and fiduciary trust. Currently
pending before the Board of County Commissioners is the initial
stage of a permit revocation process for a landfill operated by
Waste Services Corporation, a subsidiary of Waste Management, Inc.
This could be the first of a number of hearings which may result in
the revocation or suspension of the permits to operate a landfill
or which may in other ways affect the future course of operations
of the landfill .
I was elected to office in November of 1992 and took office on
January 4, 1993 . On November 8, 1992, following the election, I
attended a Denver Broncos football game at the invitation of Brad
Keirnes, the previous owner of Waste Services, Inc and watched the
game from the Waste Management sky box. The value of the gift,
which included tickets to the sporting event and food and soft
drinks for myself and my wife, is not known, but I would estimate
it to be less than $200 in value.
I have reviewed the circumstances with Lee D. Morrison, Assistant
Weld County Attorney, and he concurs with my view that this action
does not breach any provisions of the Colorado Code of Ethics .
Specifically, C.R. S . S 24-18-104 ( 1) and ( 3) address the issue of
gifts and provide that a gift constitutes a breach of fiduciary
duty and public trust only where it is of substantial value or
economic benefit which tends to improperly influence a public
0- b 9309$8
The Honorable Natalie Meyer
Board of County Commissioners of Weld County
Page 2
March 24 , 1993
official or rewards the official for an official act. Specifically
excluded from the definition of a gift of substantial value are
items of perishable or non-permanent value including meals or
tickets to sporting events . C.R.S. S 24-18-104(3) (f) .
Furthermore, I was not a member of the Board of County
Commissioners and could not have yet taken any official acts, and
I do not believe that the invitation would improperly influence me
to depart from a faithful and impartial discharge of my public
duties .
It is currently my intention not to recuse myself from any of the
proceedings before the Board of County Commissioners involving
Waste Services based upon this insubstantial gift. However, I
would await receipt of any advisory opinion you are able to issue
before making a final determination.
Thank you for your attention to this matter.
Yours truly,
ir
Aeorg‘-r4-ke (14 �e Baxter
Weld County Commissioner
GB/LDM/gb:meyer
pc County Council
Lee D. Morrison
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