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GLENN K. BILLINGS, + 1 .��� '
CHAIRMAN ,,1 1 +Y
RT. 2. BOX 167. GREELEY, COLO. 1 g 1391 P\ t ?).
HAROLD W. ANDERSON. V L�� V�
CHAIRMAN PRO.TEM
RT. I. JOHNSTOWN, COLO. OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL S. TEL EP
COUNTY ATTORNEY
MARSHALL H. ANDERSON, g$�� PHONE 13031 352.5132
MEMBER f, �aLLC.f`�152
2412 STN AVE.. GREELEY. COLO. ' Ci..r��Jr
May 22, 1970
Morris W. Sandstead, Jr. , Esq.
Williams'; Trine and Greenstein
Attorneys at Law •
1405 Arapahoe
Boulder, Colorado 80302
Re: Josephine D. Salinas, et al. vs.
Arnold R. Foulk, Jr. , et al.
Dear Mr. Sandstead:
I have for acknowledgement your letter of May 18, 1970, in reply to my
letter with regard to the above-entitled matter.
In response to your inquiry as to whether the hospital is a corporation
•
and its own governing body, please refer to Colorado Revised Statutes,
Section 66-7-1 through 66-7-13, which provides for the establishment
and operation of county hospitals. The Weld County General Hospital
was created pursuant to the predecessor of the above-mentioned section,
Colorado Session Laws of 1943, C. S. A. Chapter 78, Section 151, Arti-
cle 1 through 13. If you will note, C. R. S. , 66-7-10 provides as follows:
"Rules and regulations. When such hospital is established
the physicians, nurses, attendants, the persons sick therein,
and all persons approachins or coming within-the limits of
same, and all buildings and grounds of such hospital and all
furniture and other articles used or brought there shall be
subject to such rules and regulations as said public hospital
board may prescribe.
Said public hospital board may exclude from the use of such
hospital any and all inhabitants and persons who shall will-
fully violate such rules and regulations. "
NS0007 7003114
Morris W. Sandstead, Jr. , Esq.
May 22, 1970
Page Two
C. R. S. 66-7-4 provides that "The Board of Public Hospital Trustees shall
make and adopt such by-laws, rules and regulations for their own guidance
and for the government of the hospital as they may deem expedient for the
economic and equitable conduct thereof . . . " Pursuant to C, R, S, 66-7-4,
the Board of Trustees have promulgated a set of by-laws, Article 3, Section
9 of which provides as follows: "Admission of patients. The administrator
shall be the sole authority for the admission of patients to the hospital and
shall prescribe all procedures in connection therewith, and for the control
of visitors within the hospital. "
In view of the above, I kindly ask you reconsider my previous request, ask-
ing that the Board of County Commissioners be dropped as a party defend-
ant herein.
If it is still your position that the Board of County Commissioners remain a
party defendant, please advise so that I may prepare a Motion to Dismiss as
to the Board of County Commissioners based on the above-mentioned statute.
I trust that I may receive a response from you in the very near future.
Very truly yours,
Samuel S. Telep
County Attorney
SST:bp
P. S. : The correct title of the Weld County Hospital is "Board of Trustees
for Weld County Gemara]. Hospital" and such board is.a body corporate but
not organized under the regular Colorado corporation statute.
cc: Board of County Commissioners
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