HomeMy WebLinkAbout670245.tiffZ.
M %
—Ab ((cL...J
Y
MARSHALL H. ANDERSON. DOORMAN
AMA 5TH ACCRUE
HAROLD W. ANDERSON. CHAIRMAN PRO -TEN
WN
EDWARD L. DU NEAR. MIMOSA
IRIS LIAO AVENUE CT., GREELEY
SAMUEL S
COUNTY ATTORNEY
ANN SPOMER. COUNTY CLERK
AND CLERK OP SOARS
PHONE '51.1211 EKT. SI
OPTICS OP THE BOARD OF COUNTY COMMISSIONERS
rwrc.=rrafrite
February 16, 1967
Mrs. Margaret McGuin, Director
Weld County Department of Public Welfare
11th Avenue and 16th Street
Greeley, Colorado
Dear Mrs. McGuin:
Your February 15, 1967 letter directed to the Board of County
Commissioners of Weld County, Colorado stating that you, as
Director of Public Welfare, appointed an attorney to represent
the Welfare Department, which letter was accompanied by a copy
of a letter dated February 14, 1967 in which you had advised
Thomas A. Richardson, Greeley attorney, that you were appointing
him Attorney for the Welfare Department at a $300 per month
retainer effective February 1, 1967, has been referred to me
as the County Attorney of Weld County.
Section 22-1-5 (3) CRS '63 provides:
"Upon the request of the Court or of any petitioner
the County Attorney shall present the evidence and
conduct a case on behalf of the petitioner..."
Section 22-7-6 CRS '63 provides:
"..., the Court may direct the County Attorney to
institute proceedings on said bond..."
Section 43-3-1 CRS '63 provides:
"...it shall be the duty of any Court committing any
child to any state institution, or any private insti-
tution, where such child is kept at the expense of the
county or state, at the time of commitment to forthwith
notify the District Attorney, if a state expense, and
the County Attorney, if a county expense..."
I am unaware of any statute providing for a special counsel to
represent the Welfare Department and it would appear from the
statutes that such representation is the duty of the County
Attorney. The Board of County Commissioners will therefore be
670245
Mrs. Margaret McGuin, Director February 16, 1967
Page 2
advised that the appointment by the Department of Public
Welfare of Mr. Richardson is without the necessary statutory
authority.
The only feasible way representation for the Welfare Department
could be handled would be through the County Attorney's office or
by having an assistant county attorney, approved by the Board
of County Commissioners, handle the matters for the Department
of Public Welfare. Since this assistant county attorney would
be acting under and through the County Attorney, the designa-
tion of such attorney and the work load control should be
supervised by the County Attorney and the compensation should
be approved by both the County Attorney and the Board of County
Commissioners. Under the circumstances, it is requested that
the Weld County Department of Public Welfare undertake appro-
priate steps to rescind the action appointing Mr. Richardson.
Yoursv y tru
Ott/
AMUEL S. TELEP
County Attorney
SST:js
cc: State Department of Public Welfare
Weld County Board of Commissioners
Thomas A. Richardson, Esq.
Hello