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SUMMONS IN CIVIL ACTION -_- -- .. 48 " rORM D-1-IOM 1-66
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IN THE DISTRICT COURT IN AND FOR THE
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STATFOFCOLORADO
CIVIL ACTION NO ) /'r` �2 DIV $
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THE COLO A .,90, OF, p-',Or LUC t tz��++ p q.;, ;1
SOCIAL SER IGBS;
PLAINTIFF SUMMONS
GLENN K. BILLINGS, HARM S. ASHLEY, and
MARSHALL ANDERSON, individually and as
members of the WELD COUNTY BOARD OF
COUNTY COMMISSIONERS and as the WELD
COUNTY BOARD OF PUBLIC WELFARE,
s.
DEFENDANT
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THE RINYFLE �Pt IYfE'` I4�FI'S DF"Cf3Ef71F1[IDD ont s hsuA w gi ' .cu u: ns; ipac .q nut p.ra 1r
aFIr2ut'prm?ae.OM'To the above named defendants , GREETING:
You arehereby s La .required- to file with the clerk an answer to the complaint within 20
days after service of tt7t's ons upon you. If you fail.so to do, judgment by default will be taken
aggtgs4 iyggifor the relief demanded in thecomplaint. ,
If service upon you is made outside the State of Colorado, or by publication, or if a copy of the
complaint be not served upon you with this summons, you are required to file your answer to the complaint
tr30 witht days after service-qf thts3uu}mt.. 4pouyam
This ' an action rou t to obta n a entraining _order and a declaratory
judgment that the defendants are required to
4 provide certain county
welfare funds by way of judicial enforcement,,of an agency final order
and through mandamus under Rule 106 of Colorado Rules of Civil Procedure.
DUKE W. DUNBAR
Attorney General
JOHN P. MOORE
Deputy Attorney General
Dated 34C � , 19.-2/
By
Cletk of t u rt.
of.-the Cou n Plainti Ef
c;r. at � • � - p;, DOUGLAS � AfRS
Special Assistant Attorney General
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'° ' 1 °°" tF 't. c q pc ttpl:t zmulu, ,}: Capitol, Denver, Colorado
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,;, # ) y - _. .. - I ; .- ...... .. .. i Address of Attorney
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q „ . Note This summons is issued pursuant to Rule 4,Colorado Rules Civil Procedure.
*If the Summons is published or served without a copy of the complaint,after the word "action" state the relief demanded.
.1 If body execution is sought the summons must state,"This is an action founded upon tort."
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710507
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0
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No. 2 ( 1.117._
•
THE COLORADO STATE BOARD OF ) •
SOCIAL SERVICES, )
)
)
Plaintiff, )
)
-vs- )
)
) COMPLAINT
GLENN K. BILLINGS, HARRY S. ASHLEY, )
and MARSHALL ANDERSON, individually )
and as members of the WELD COUNTY )
• BOARD OF COUNTY COMMISSIONERS and )
as the WELD COUNTY BOARD OF PUBLIC )
WELFARE, )
)
Defendants, )
)
COMES NOW the plaintiff, by and through the Attorney General,
and for a claim against the defendants state and aver as follows:
1. That as to all matters and times"hereir alleged plaintiff
has jurisdiction over defendants.
2. That at all times herein alleged defendants have been duly
elected and acting members of the Weld County Board of County Commis-
sioners.
3. That defendants are subject to the orders of plaintiff
hereinafter referred to.
4. That on July 1, 1971, the plaintiff entered its Findings,
Conclusions and Order regarding the Weld County Commissioners and the
Weld County Department of Public Welfare, attached hereto and incor-
porated herein by reference, ordering the defendants to make available
sufficient county funds to pay Weld County's share of the cost of wel-
fare needs in Weld County for the year 1971.
5. That the Weld County welfare fund will be exhausted by
the end of July, 1971, and there will be no county funds available to
pay the county's share of welfare costs after July, 1971.
6. That defendants have for the current county fiscal year,
which is the 1971 calendar year, made a county welfare levy in Weld
County of 3.0 mills, which levy produced about $602,790, which amount
will be expended by the end of July, 1971.
7. That the defendants have relied upon the provisions of
Colorado law which authorize defendants to make a county welfare levy
at a rate that will provide the necessary money to be appropriated by
the county within the limitation of 3.0 mills (119-3-6, C.R.S. 1963,
as amended).
8. That the Weld County Department of Public Welfare provided
defendants a county welfare budget request of $1,114,378 to meet the
estimated welfare needs in Weld County for 1971, which budget request
would have required a welfare levy in Weld County of 5.51 mills. (For
example, 119-3-5, 119-9-12, 119-6-21, 101-1-18, C.R.S. 1963.)
9. That the defendants did not, as authorized by 119-1-5,
C.R.S. 1963, make an appropriation for •1971 sufficient to provide
$1,114,378 to defray the cost of necessary welfare services within the
county.
10. That the defendants refusal to make an adequate welfare
levy is based on the provisions of 119-3-6, C.R.S. 1963, which they
claim prohibits them from a welfare levy in excess of 3.0 mills or does
not direct them to make a welfare levy in excess of 3.0 mills. 119-3-6,
supra, only requires that for defendants to make a welfare levy in ex-
cess of 3.0 mills that the State Tax Commission authorize the levy.
11. That the welfare programs herein described are primarily
State and federal programs provided under the Social Security Act which
requires as a condition for receipt of federal financial participation
of about 50% that these programs must be in effect in all political sub-
divisions of the State.
12. That should the programs described in paragraph 11 hereof
not be in effect in Weld County, the State of Colorado may not be eligible
for the federal financial participation which in the State of Colorado
fiscal year of 1970-71 was about $140,000,000.
13. That the Department of Social Services is the sole state
agency for administering the programs described in paragraph 11 hereof
and paragraph 12 hereof (119-10-4, C.R.S. 1963) and is charged to act
as the agent of the federal government in the administration of any
federal funds granted to the State [119-1-8(2) (g) , C.R.S. 1963] .
14. That the Department of Social Services has the power, in
administering funds appropriated by the Colorado legislature and made
available from the federal government, to require that the defendants
take any and all action necessary to have Weld County bear its share
of the welfare and public assistance costs in Weld County. 119-1-5,
C.R.S. 1963. •
15. That the defendants and Weld County are by State law
responsible for the entire cost of the various welfare programs and
for providing public assistance in that they are directed to make
awards under each program which shall be binding on the county. [For
example, 119-9-8, 119-6-12, 101-1-10, 119-1-15(1) and (2) (a) , C.R.S.
1963.] That the various State laws of Colorado enabling Colorado to
participate in these federal programs make it the defendants' duty to
levy necessary sums to carry out these programs. (For example, 119-9-12,
119-6-21, 101-1-18, C.R.S. 1963.) That when the county in administer—
ing these programs complies with the State law and Department of Social
Services rules and regulations the State reimburses the county 80% of
the amount expended. The county is then responsible for 20% of the
amount so expended. (119-9-13, C.R.S. 1963.)
16. That plaintiffs have demanded performance by defendants
of their duty and defendants have refused or will not so perform.
17. That defendants are compelled by law as a duty imposed
on them to comply with the plaintiff's Order of July 1, 1971.
18. That this action is commenced in accordance with 3-16-5,
C.R.S. 1963, for judicial enforcement of an agency final order.
19. That the duty of the defendants described herein is not
discretionary and defendants have neither standing nor legal authority
to contest, challenge, nor question the validity of the Order of plain-
tiff herein presented for judicial enforcement.
20. That if defendants are not ordered by this Court to comply
• with plaintiff's Order irreparable harm and injury will result to the
recipients of public assistance in Weld County and in all other counties
in Colorado and to the State of Colorado.
21. That no other adequate, plain or speedy remedy is avail-
able to plaintiff.
WHEREFORE, plaintiff prays for judicial enforcement of the
July 1, 1971 Order of plaintiff by an order of this Court directing
defendants to comply with said Order, and for a temporary restraining
order so enjoining defendants, and for a declaratory judgment interpret-
ing the State statutes in question, and for such further relief as this
Court deems necessary.
DUKE W. DUNBAR
Attorney General
JOHN P. MOORE
Deputy Attorney General
By
DOUGLAS D. ,0 E
Special As 'stant Attorney General
104 State apitol
Denver, Colorado 80203
892-2540
Address of Plaintiff:
1575 Sherman Street
Denver, Colorado 80203
--4 -
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER ) .
•
I, CON F. SHEA, being of lawful age and being first duly sworn,
upon oath depose and say: That I have read the foregoing COMPLAINT
and that the same is true of my own knowledge.
2/1
CON F. SHEA, Executive Director,
Colorado State Department of Social
Services
'Subscribed and sworn to before me this 8th day of July,
1971.
Witness my hand and official seal.
My commission expires: September 12, 1973.
Notary Public
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