HomeMy WebLinkAbout20200427.tiffMINUTES
WELD COUNTY COUNCIL
November 18, 2019
The Weld County Council met in regular session in full conformity with the Weld County Home
Rule Charter at 6:30 p.m., Monday, November 18, 2019, at the Weld County Administration
Building, 1150 0 Street, Greeley, CO.
ROLL CALL:
e The meeting was called to order by President Brett Abernathy. Councilmembers Tonya L.
Van Beber, Nancy Teksten and Gene Stille were present, constituting a quorum of members.
Councilmember James Welch had an excused absence. Also present was Council Secretary
Linda Kane.
APPROVAL OF AGENDA :
Councilmember Van Beber made a motion to add to New Business discussion of a thank
you note from the sheriff's department, and Councilmember Teksten made a motion to add
to New Business discussion about livestreaming meetings. A motion to approve the agenda
as amended was made by Councilmember Teksten, seconded by Councilmember Stille, and
carried.
APPROVAL OF DOCUMENTATION:
Approval of October 21, 2019, Minutes
Councilmember Van Beber made a motion to approve the October minutes, seconded by
Councilmember Stille, and the motion carried.
Approval of 3rd Quarter Report to the People
Councilmember Teksten made a motion to approve the 3rd quarter RTTP, seconded by
Councilmember Stille, and the motion carried.
REVIEW PROGRAM:
District Attorney Michael J. Rourke
Also present was Mr. Rourke's Community Relations Director Krista Henery. Mr. Rourke is in
his 15th year with the district attorney's office. He was appointed District Attorney in 2015 and
elected to office in 2016. He has been a prosecutor for 23 years.
He discussed the general roles of the district attorney, with the main priority being prosecuting
criminal offenses.
Mr. Rourke discussed the mass number of cases presented to his office and how plea
agreements are necessary in order to handle that many cases. He said on average, nationwide,
plea agreements are reached in about 97 percent of cases. He said Weld County typically
meets that average.
He said it's important to keep in mind during sentencing, a defendant will typically not serve the
full sentence. Violent criminals typically serve 75 percent of their sentence.
Mr. Rourke discussed the purpose of sentencing, the first being punishment to fit the
seriousness of the offense. He said it's important to assure fair and consistent treatment.
Mr. Rourke said he's proud of his department's victim witness assistance programs. He has
employees who assist victims at their "absolute worst." They provide support to victims and
educate them about the step-by-step process they can expect of the judicial system.
The district attorney's office also has a duty to train law enforcement officers and to educate
Co MM Un i --h on5 2020-0427
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the community. Mr. Rourke's office speaks to schools about the dangers of sexting, for instance.
Councilmember Stille asked about employees. Mr. Rourke said his office has 34 attorneys, five
investigators, victim witness staff and other support staff totaling 78 employees.
Mr. Rourke said Weld County is one of five counties in Colorado that has its own district
attorney. Trials are held Mondays and Wednesdays and juries continue to pose difficulties. Mr.
Rourke said the percentage of citizens who show up for juror summonses is "pitiful." He
guessed maybe 30-45 percent of people show up for jury duty even though it's mandatory. He
said the courts retain the discretion to issue citations to those who do not show.
Please see addendum 1 for the district attorney's presentation.
PUBLIC COMMENT:
There was no public comment.
NEW BUSINESS:
Coordinator Reports/Councilman Reports
Councilmember Abernathy stated he presented his letter in November to the Board of County
Commissions regarding signage needed at the intersection of CR 47 and Hwy 392. He said he
was not confident a sign would soon be placed at that location. He said the Commissioners
responded they would look into it.
Councilmember Abernathy said he was discouraged after presenting the letter to the BOCC.
Note of thanks
Councilmember Van Beber expressed thanks on behalf of a member of the sheriffs office
who used to live at that intersection. She said the sheriff's office employee had also expressed
extreme concern about that intersection.
Livestreaming meetings
Council recognized several past requests that meetings be livestreamed. It was noted the
board room may have recently been updated to livestream meetings. More research was to be
done. The issue was tabled and set for discussion at the January 2020 meeting.
Bills
Councilmember Stille made a motion to approve bills, it was seconded by Councilmember
Teksten and carried. The bills were paid as follows:
o Weld County Phone Bill for October $25.00
Whistleblower web site
Councilmember Teksten made a motion to change the text containing whistleblower information
for the web site. The motion was seconded by Councilmember Van Beber, and passed as follows:
"If you are a constituent of Weld County and you have a concern about an elected official or
employee, you may call the County Council at 970-400-4780. Council can also be reached by
email at countvcoucilaweldgov.com or by mail at 1150 O St., Greeley, CO, 80632.
Employees should first consider protocol set up by their department. In extreme cases, Council
is available to address concerns.
If you are a constituent, you may also take your concern to the Colorado Independent Ethics
Commission. They can be reached at 720-625-5697; by email at iecinfo aC�state.co.us; and by mail
at 1300 Broadway, Suite 240, Denver, CO,80203. You can also click this link to be directed to
their web site: https://www.colorado.gov/iec."
ADJOURNMENT:
By acclamation, the meeting was adjourned at 7:33 p.m.
December 16, 2019 esident, Brett Aberathy
r
ouncil Secretary, Linda Kane
OFFICE OF THE DISTRICT
ATTORNEY
MICHAEL J. ROURKE
WELD COUNTY DISTRICT ATTORNEY
ROLE OF THE DISTRICT
ATTORNEY
• REPRESENT THE PEOPLE OF THE
WELD COUNTY AND ADVOCATE
FOR VICTIMS OF CRIME
• PROSECUTE CRIMINAL
OFFENSES
• SEEK JUSTICE
THE CRIMINAL JUSTICE SYSTEM
(WELD COUNTY)
• COUNTY COURTS HEAR MISDEMEANOR AND TRAFFIC
OFFENSES
• FOUR COUNTY COURT COURTROOMS
• ONE CHIEF DEPUTY DISTRICT ATTORNEY
• NINE DEPUTY DISTRICT ATTORNEYS
• DISTRICT COURTS HEAR FELONY CHARGES
• FIVE DISTRICT COURT COURTROOMS
• THREE CHIEF DEPUTY DISTRICT ATTORNEYS
• NINETEEN DEPUTY DISTRICT ATTORNEYS
CASE NUMBERS
• COUNTY COURT:
• 2011: 10,892
• 2012: 10,331
• 2013: 9,949
• 2014: 10,496
• 2015: 11,708
• 2016: 11,313
• 2017: 12,660
• 2018: 12,801
• ON AVERAGE THIS OFFICE TRIES APPROXIMATELY 125
TRIALS A YEAR.
CASE NUMBERS
• JUVENILE COURT:
• 2011: 1093
• 2012: 985
2013: 810
• 2014: 861
• 2015: 755
• 2016: 730
• 2017: 607
• 2018: 696
CASE NUMBERS
• DISTRICT COURT:
• 2011: 1,862
• 2012: 1,959
• 2013: 2,121
2014: 2,251
• 2015: 2,321
• 2016: 2,651
• 2017: 2,948
• 2018: 3,066
ON PACE IN 2019 FOR ROUGHLY 3,200 FELONY FILINGS
' ON AVERAGE THIS OFFICE TRIES APPROXIMATELY 61 FELONY
TRIALS PER YEAR
• DISTRICT ATTORNEY
• ASSISTANT DISTRICT ATTORNEY
• CHIEF DEPUTY DISTRICT ATTORNEY
• DEPUTY DISTRICT ATTORNEY
FELONY, JUVENILE, COUNTY COURT
• SUPPORT STAFF, INVESTIGATORS
THE FACTS
THE PROSECUTOR IS THE FIRST
PROTECTOR AND DEFENDER OF THE
PUBLIC AND THE INDIVIDUAL'S
CONSTITUTIONAL RIGHTS
EXAMPLE:
• SEARCH AND SEIZURE
• SUPPRESSION OF EVIDENCE,
STATEMENTS
OBLIGATION OF THE
PROSECUTOR
IN OUR CRIMINAL JUSTICE SYSTEM, THE BURDEN OF PROOF
OF GUILT BEYOND A REASONABLE DOUBT IS SOLELY ON
THE PROSECUTOR
• THE PROSECUTOR IS HELD TO THE HIGHEST STANDARDS OF
ETHICAL CONDUCT
• THE PROSECUTOR IS THE ONLY LAWYER IN THE COURTROOM
WHO IS RESPONSIBLE FOR SEEKING THE TRUTH WHEREVER
IT MAY LEAD, THUS ENSURING THAT JUSTICE PREVAILS ON
BEHALF OF DEFENDANTS AND VICTIMS ALIKE.
O.J. SIMPSON/ROBERT SHAPIRO
• ONE OF THE LAWYERS ON O.J. SIMPSON'S "DREAM
TEAM"
• WAS INTERVIEWED BY LARRY KING ON LARRY KING
LIVE
• "IF O.J. DIDN'T KILL RON AND NICOLE, THEN WHAT IS THE
TRUTH OF THAT NIGHT?"
• SHAPIRO RESPONDED, NOT SURPRISINGLY, AS
FOLLOWS:
• "LARRY, WE DON'T DEAL IN TRUTH. I DON'T MAKE MORAL
JUDGMENTS. I MAKE PROFESSIONAL JUDGMENTS."
CHARGING DECISIONS
• HOW A CASE GETS FILED
• WHAT CHARGES ARE FILED
• WHO MAKES THAT DECISION
• DISCRETION
POSES
NT
PUNISH IN RELATION TO THE SERIOUSNESS. OF
=THE OFFENS
•'ASSURE FAIR AND'COMSISTENT TREATMENT
TO PREVENT CRIME AND PROMOTE RESPECT.O
THE LAW
• •
TO PROMOTE REHABILITATION
ERGER I/. UN/TED STATES
1 WANT TO LEAVE YOU WITH THIS THOUGHT, A QUOTE BERGER V. THE
UNITED STATES, A U.S. SUPREME COURT CASE:
• "THE PROSECUTOR IS THE REPRESENTATIVE NOT OF AN ORDINARY PARTY
TO A CONTROVERSY, BUT OF A SOVEREIGNTY WHOSE OBLIGATION TO
GOVERN IMPARTIALLY IS AS COMPELLING AS ITS OBLIGATION TO GOVERN
AT ALL; AND WHOSE INTEREST, THEREFORE,
ERGER V UNITED STATES
IN A CRIMINAL PROSECUTION IS NOT THAT IT SHALL WIN A
CASE, BUT THAT JUSTICE SHALL BE DONE. AS SUCH, HE IS
IN A PECULIAR AND VERY DEFINITE SENSE THE SERVANT OF
THE LAW, THE TWO -FOLD AIM OF WHICH IS THAT GUILT
SHALL NOT ESCAPE OR INNOCENCE SUFFER. HE MAY
PROSECUTE WITH EARNESTNESS AND VIGOR -- INDEED, HE
SHOULD DO SO. BUT WHILE HE MAY
ERGER V. UN/TED STATES
• STRIKE HARD BLOWS, HE IS NOT AT LIBERTY TO STRIKE FOUL
ONES. IT IS AS MUCH HIS DUTY TO REFRAIN FROM
IMPROPER METHODS CALCULATED TO PRODUCE A
WRONGFUL CONVICTION AS IT IS TO USE EVERY LEGITIMATE
MEANS TO BRING ABOUT A JUST ONE."
WHAT ELSE DOES THE DISTRICT
ATTORNEY'S OFFICE DO?
• VICTIM WITNESS ASSISTANCE PROGRAM
ENTIRE UNIT DEDICATED TO ASSISTING VICTIMS OF CRIME.
ANSWER QUESTIONS AND PROVIDE SUPPORT FOR VICTIMS AT
COURT HEARINGS.
ADMINISTER THE CRIME VICTIM COMPENSATION FUND AND
HELP TO OBTAIN RESTITUTION PAYMENTS FOR VICTIMS,
ALONG WITH A NUMBER OF OTHER THINGS.
Weld County White Collar
Crime Task Force
The District Attorney's office works with a
number of local banks and merchants in the
community to prevent economic crimes in Weld
County. The District Attorney's office is currently
in the community training banks and businesses
about fraud prevention.
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