HomeMy WebLinkAbout700324.tiff RESOLUTION
RE: AUTHORIZING THE COUNTY ATTORNEY TO DEFEND THE
BOARD OF WELD COUNTY COMMISSIONERS AS DEFENDANTS
IN THE CASE, ENTITLED "SILVAN RUBEN TALMADGE vs.
EUGENE McKENNA, ET AL. , IN THE UNITED STATES
DISTRICT COURT, DENVER, COLORADO, CIVIL ACTION
NO. ' n
BE IT RESOLVED, that the Board of County Commissioners,
Weld County, Colorado, authorizes the County Attorney to defend said
Board as defendants in the case of "Silvan Ruben Talmadge vs. Eugene
McKenna, et al. "; also, to employ co-counsel and do whatever is
necessary in bringing the matter to a speedy conclusion.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote:
AYES:
j •
_
.- A lite
Board of County Commissioners
Weld County, Colorado
Dated this 23rd day of December , 1970 .
Cr it
7 00 324
C 600(cj
w.JOSEPH '$I10EMAKER SOIINEID:ER, SJIOE11,AKT I , ` II AM ANT) COOK
E
ROrtL:Ri S.WHAMATTOR ATTORNEYS AT LAW
RONALD LEE COOLIE 1421 COURT PLACE DUILDING
JOFFRE M.JOHNSON
E LWYN F. 5CFIAEFER DENVER, COLORADO 00202 J. rR!'D SCHNEtpEp
ALBERT S.GILLES
EDWARD J. KRISOR,JR. 303-534.0386 OF COUNSEL
April 7, 1972
Board of County Commissioners
Weld County Courthouse
Greeley, Colorado 80631
Gentlemen:
Enclosed herewith please find copies of a Stipulation in
Settlement, Motion to Dismi as by plaintiff and Motion to Dismiss
by defendants, all in the case of Talmadge v. Eugene McKenna, et
al . , Civil Action No. C-2783, United States District Court for the
District of Colorado.
The settlement was on the following terms: a) Defendants
nt.
shall remit to plaintiff $50. 00 for work the plaintiff performed
for Weld County from December 14, 1970 to December 16, 1970;
b) Defendants have terminated their policy requiring persons eli-
gible for Aid to Dependent Children - Unemployed categorical
assistance to work off the amount of their welfare grants ; and c)
defendants and the Weld County Department of Public Welfare are not
imposing, and will not impose, any additional conditions for Aid to
Dependent Children - Unemployed eligibility beyond those conditions
established by Federal and State of Colorado statutes and regulations.
As attorney for all defendants, I had authority to settle the
above case and the authority I possessed, as to terms of settlement,
was within the terms of the above settlement. The authority in
regard to a financial settlement was $50. 00 and, further, the county
is no longer requiring ADC-U recipients to work off their grants a.e
d
are presently complying with all state and federal regulations .in
regard to ADC-U. Therefore, the Talmadge v. Eugene McKenna case was
settled within the authority I possessed.
Very truly ,,yours,
;
RLC :sc sc Ronald Lee Cooke
Enclosure
cc: Hon. Sherman G. Finesilver, U. S. District Judge
Jean Dubofsky
Eugene McKenna
IN THE UNIT1 D STATS DISTRICT COURT
FORME ME DISTRICT OF COLORADO
Civil Action No. C-2783
SILVAN RUMEN TALMADGE, )
)
Plaintiff, )
vs. )
)
EUGENE McKENNA, individually )
• and as Executive Director of )
• the Weld County Department ) MOTION TO DISMISS
of Public Welfare. MARSHALL )
ANDERSON, HAROLD ANDERSON )
and Glen Billings, individ- )
ually and as Members of the )
Weld County Board of Public )
. Welfare, )
)
Defendants. )
•
Come now the Defendants, by and throug] their attorneys,
and move this Court to dismiss the above-entitled action with prejudice
in that all claims and counter-claims have been settled pursuant to the
attached stipulation.
Respectfully submitted,
Schneider, Shoemaker, Wham & Cooke
Attorneys at Law
1421 Court Place
Denver, Colorado 80202
• 53h-6386
Samuel Telep
County Attorney
Weld County Court House ...••_••...
Greeley, Colorado 89631
A7� `
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f 1 • `'f
By �. ` ' • ,
Ronald Lee Cooke
Attorneys for the Defendants
''.-1777-r.17-7;:!%----7-7.--'... .. ......
(:(itirtny G;. •:, i
Filed i Ih fit,: c) ,,:'. r !7.
of (;',r:y C.,:i.i,:,• ..
•
• /.
Dubofsky j
:7
Colorado Rural Legal Services, Inc.
1522 i3roadway
Boulder, Colorado 80302
442-8763
A. Andrew Borg /
Colorado Rural Legal Services, Inc.
• 1502 9th Avenue
Greeley, Colorado 80631
353-7555
Attorneys for Plaintiff
Schneider, Shoemaker, Wham & Cooke
1421 Court Place Building
Denver, Colorado 80202
534-6386
• Samuel Telep
• County Attorney
Weld County Court House
Greeley, Colorado 80631
Attorneys for Defendant
• 1
/
By
(� - 1.�_. J ..t ........
Ronald Lee Cooke
IN 'l'bI? IINTIEIp XATE`; u 1C'I' CC�Ui;i
100}i O[ c -o i-',ie11!0
Civil lIe tion No. C--'27iI ,
lIVA ; flUBEN 'r,1u,XADO,
Plaintiff, )
J 'lo �,�d°d, in. l vide l i��y )
0? II ixf C I u ive Director Of ) % A nn OIV TN
the t,1 n County Department )
S!xfii_o , atTi is ]�rlre; MARSHA' )
N.Filri
Pier yni,y ��i TJ. NOE1i, Ii, )
end CI.,i',N bl i LINGS, indi vid- )
Pally and as Piemhers of the )
Weld County Iknrd of Public )
Welfare, )
Defendants. )
The Plaintiff and the Defendants have agreed to the
following in settlement of all claims and counterclaims arising, in the
above-entitled action:
1. Defendants shall remit to the Plaintiff by March 31 ,
1972, payment in the sum of $50 for the work the Plaintiff performed
for Weld County from December 14, 1970, to December 1f , 1.070.
2. Defendants have terminated their policy requiring
persons eligible for Aid to Dependent Children - Unemployed cate-
gorical assistance to work off the amount of their welfare grants.
3. Defendants and the Weld County Department of Public
Welfare are not imposing and will not, impose any additional con-
di tic,i on for Aid to Dependent Chi 7.d,'r;r, - b einnl oyed el i}ri b l:i t y beyond
t; c ,-en*Itionc e t h :-Hhed I'v Chu rfl ' i r ` iA tc of Colorado
sta.tute:; and regulations.
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. C-2783
SILVAN RUBEN TALMADGE, )
Plaintiff, )
ANSWERS TO
-vs- )
) INTERROGATORIES
EUGENE McKENNA, individually )
and as Executive Director of the )
Weld County Department of Public )
Welfare, et al . , )
)
Defendants. )
COME NOW the defendants , Marshall Anderson and Glenn Billings,
individually and as Members of the Weld County Board of Public Welfare
and answer under oath the plaintiff's interrogatories as follows:
1 . Marshall Anderson and Glenn Billings, 9th Avenue and 9th
Street, Greeley, Colorado 80631 .
2. Yes.
3. Yes.
4. a) Weld County Board of County Commissioners.
b) November or December 1970 at the Weld County Courthouse.
c) The meeting was open to the general public.
d) Marshall Anderson, Glenn Billings, and Harold Anderson, all
at that time County Commissioners. Sam Telep - County Attorney.
e) Yes.
f) Methods of placing unemployed Monfort strikers in jobs was
discussed.
5. December 1970.
6. There was no decision made as to this.
7. According to the information we have, the Plaintiff was never
informed that he would or would not receive public assistance if he refused
to sign the statement.
8. See Answer #7.
9. County Treasurer's Office.
10. Will be provided later upon request.
'
e tarn•OF WELD
;
E Lto the C+ they Loa.°
FEB J '•.7.71
MOTS'TS'CI FaK AND r CCC r��ep
11 . No.
12. Not applicable.
13. No.
14. Not applicable.
15. Not applicable.
16. No directive was received either by the Weld County Board of
Public Welfare or the Weld County Board of County Commissioners.
17. Not applicable.
18. No.
19. No.
20. Not applicable.
MARSHALL ANDERSON
GLENN BILLINGS
STATE OF COLORADO )
) ss.
COUNTY OF WELD
I , , a Notary Public in and for Weld
County, State of Colorado, do hereby certify that Marshall Anderson and
Glenn Billings, who are personally known to me to be the persons whose
names are subscribed to the foregoing Answers To Interrogatories, appeared
before me this day in person and upon oath swore to the truth of the facts
therein stated and acknowledged that they signed and delivered said instru-
ment of writing as their free and voluntary acts.
Given under my hand and official seal this day of
1972.
My commission expires:
Notary Public
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