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OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE: 970-356-4000, Ext. 4200
Fax. 970-352-0242
P.O. Box 758
GREELEY, COLORADO 80632
July 17, 1997
Ms. Barbara McDonnell
Executive Director
Colorado Department of Human Services
1575 Sherman Street
Denver, Colorado 80203-1714
RE: Letter of July 8, 1997
Dear Ms. McDonnell:
The Board of County Commissioners of Weld County, Colorado, has received your letter of July
8, 1997, regarding the transition plan for employees of the Weld County Department of Social
Services.
The Board of County Commissioners wishes to thank you for your letter and to express its
appreciation for your cooperation and assistance in the transition. The Board respectfully
objects, however, to your statements in the third full paragraph of the letter. There, you say that:
"... the State and its agencies have no responsibility to indemnify or defend the [sic] Weld
County regarding personnel actions under any theory of law or in any forum whatsoever."
Although Weld County assumes responsibility for all personnel actions taken after July 16, 1997,
it will not assume responsibility for personnel actions taken against or involving Weld County
Department of Social Services employees on or prior to July 15, 1997. Additionally, the Board
expects the State of Colorado to indemnify and defend Weld County against any and all liability
or claims for damages arising out of personnel actions taken against or involving Weld County
Department of Social Services employees on or prior to July 15, 1997, regardless of the theory of
law or forum chosen. The term "personnel actions" as used in this letter refers to actions
concerning employee pay, status, tenure, discipline or termination.
By accepting responsibility for personnel actions concerning Weld County Department of Social
Services employees on and after July 16, 1997, the Board of County Commissioners does not
waive its rights or the rights of Weld County Department of Social Services employees to be
indemnified by the State of Colorado for liability or claims for damages in cases alleging
negligence or violations of federal law by employees performing their Departmental duties. The
Board believes that social services in Colorado remains a state program. Caselaw such as that
cited in Gilman v. State, 932 P.2d 832 (Colo. App. 1996), should remain "good law," even after
the recent legislative changes.
5507.3
971788
Letter, McDonnell
July 17, 1997
Page 2
If you should have any questions regarding this letter, please feel free to call either Barbara
Kirkmeyer, Weld County Commissioner, at (970) 356-4000, ext. 4200, or Judy Griego,
Director, Weld County Department of Social Services, at (970) 352-1551, ext. 6200.
Sincerely,
George B. Baxter, Chairman
Board of County Commissioners of Weld County
pc: Judy Griego
Don Warden
Bruce Barker
971788
COLORADO DEPARTMENT OF HUMAN SER\IiCES)U 'JUL
1575 Sherman Street
Denver Colorado 80203-1714
Phone (303) 866-5700
TDD (303) 866-6293
FAX (303) 866-4214
The Honorable George E. Baxter, Chair
Weld County Board of Commissioners
P. O. Box 758
Greeley, Colorado 80632
Dear Commissioner Baxter:
STATE OF COLORADO
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July 8, 1997
Roy Romer
Governor
Barbara McDonnell
Executive Director
Karen Beye
Managing Director
Your transition plan to assume all responsibilities for employees in the Weld County Department of Social
Services is approved effective July 16, 1997.
This approval is based on the understanding that Weld County will:
• comply with the provisions of the Merit Principles in the Federal Code of Regulations, Title V, Section
900.601;
• adhere to any minimum requirements established by the State Board of Human Services for specified
positions; and
• provide any personnel data requested by the Department of Human Services required to conduct
business.
As of the effective date of the transition, Weld County is solely responsible for administering the personnel
system, and the State and its agencies have no responsibility to indemnify or defend the Weld County
regarding personnel actions under any theory of law or in any forum whatsoever.
As noted in the fiscal note attached to SB 97-6, costs saved by the Department of Human Services to
operate the state merit system will be passed to the counties in fiscal year 2000-2001. The department will
be assessing the various approaches to equitably allocating the resources to each county as part of this
transition. We will discuss our recommendations with CCI prior to finalizing any proposal to the
legislature.
All of us at the Department sincerely appreciate the willingness of the Commissioners, county staff, and
county social services employees to work with us in making this a smooth and effective transition.
Sincerely,
Barbara McDonnell
Executive Director
Building Partnerships to Improve Opportunities for Safety, Self -Sufficiency, and Dignity for the People of Colorado
97178S
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