HomeMy WebLinkAbout20182409.tiffThis meeting is recorded for accurate transcription.
`*Audio is available with these minutes."
MINUTES
WELD COUNTY COUNCIL
June 18, 2018
The Weld County Council met in regular session in full conformity with the Weld County Home
Rule Charter at 6:30 p.m., Monday, June 18, 2018, at the Weld County Administration Building,
1150 0 Street, Greeley, CO.
ROLL CALL:
The meeting was called to order by President Gene Stille. Councilmen Charles Tucker,
Brett Abernathy, Jordan Jemiola and Michael Grillos were present, constituting a
quorum of members. Also present was County Attorney Bruce Barker and Council Secretary
Linda Kane.
APPROVAL OF AGENDA :
Councilman Grillos made a motion to amend the agenda to include under new business his
excused absences for the March and April meetings. It was seconded by Councilman Jemiola
and passed.
Councilman Abernathy made a motion to list budget discussion under new business, as well
as reinstating the review program. It was seconded by Councilman Grillos and passed.
APPROVAL OF DOCUMENTATION:
Approval of May 21, 2018, Minutes
Councilman Grillos made a motion to amend the approval of documentation by correcting the
date of the May minutes to 2018.
Councilman Jemiola made a motion to amend the May minutes under discussion of the
whistleblower program - old business. Instead of the minutes stating: "Councilman Grillos argued
with County Attorney Bruce Barker over whether the whistleblower program should be
established by Council," Councilman Jemiola said the language should state: "Councilman
Grillos questioned County Attorney Bruce Barker over whether the whistleblower program
should be established by Council."
A motion to approve the minutes as amended was made by Councilman Abernathy, seconded
by Councilman Grillos and carried.
REVIEW PROGRAM:
There was no review program.
PUBLIC COMMENT:
Karen Grillos of Hudson, thanked two sheriff's deputies for attending the meeting. She said
CO m ryn.v n i Ca. -G d rig 2018-2409
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though the edits to the minutes were already addressed, she has a problem with "editorializing"
regarding Councilman Grillos "arguing" with County Attorney Barker. She asked that statements
read or made by the public be included with the minutes online.
Mrs. Grillos addressed Councilman Stille's opposition to the Council hiring its own attorney. She
said he has stated we need to trust the commissioners to do the right thing for citizens and she
disagrees with that statement.
She said the Council was assigned the task by auditors to establish its own whistleblower
program. She said Councilmen Stille and Tucker were assigned the task to research it. She said
she wants an update on the program.
(Councilman Tucker did not agree with Mrs. Grillos' statement. He said he did not agree to be
part of a committee regarding a whistleblower program. He said Mrs. Grillos made a false
statement that Councilmen Tucker and Stifle were assigned to a whistleblower program. He said
her statement was false and "totally incorrect.')
Jane Patterson of Johnstown, with the Weld County League of Women Voters, asked the
Council make all its actions as transparent as possible. In reference to the whistleblower
program, she asked who was assigned to research it.
Councilman Grillos stated Councilmen Stille and Tucker were assigned the task.
She asked that background materials be provided regarding the budget and whistleblower
program.
Joe Wilson, of Gary, stated he was an appreciative citizen. He said few go out and do the work
of taking care of the citizens. He thanked them specifically for their role as an oversight board.
Dave Kisker, of Johnstown, stated that after voting in November to retain the Council, a lot of
people are disappointed by its lack of action. He said there hasn't been as much infighting, but
there hasn't been much accomplished, either.
He said the whistleblower program has been one example. He has looked at the Charter and said
there are no official bylaws for the Council. He said one of the Council's duties is the ability to
review any part of county government. He urged Council to take advantage of that opportunity
and to go visit county departments. He said his challenge is at the July meeting, come up with a
list of things they're going to do by the end of the year.
Councilman Abernathy asked where Mr. Kisker would like the Council to investigate or observe
first. Mr. Kisker said perhaps the public works or planning departments.
Councilman Stille said he and Councilman Jemiola are on the planning commission. Councilman
Jemiola said the planning department has an excellent staff.
Mr. Kisker said rules of a recall effort are not clear. Councilman Stille said he spoke with County
Attorney Barker months ago about recall responsibilities. He said the Council has not been trained
regarding recall processes. Mr. Kisker said rules and regulations regarding a recall need to be
made clear.
Gerald Kilpatrick, of LaSalle, thanked the Council for its work. In lieu of 1B, he'd like to see
something in the charter about Council's review of ethics violations. He encouraged the Council
to attend the Charter Review Committee meeting the following Wednesday.
NEW BUSINESS:
Coordinator Reports/Councilman Reports
Councilman Tucker said he worked with a couple near Gilcrest about a planning/USR issue.
He spoke with Commissioner Steve Moreno and said the matter came down to an error and
was resolved,
Bills
Councilman Grillos made a motion to approve bills as follows, it was seconded by Councilman
Tucker and carried,
Phone bill for May $15.85
Legal Notice Greeley Tribune — First Quarter RTTP $26.01
Discussion of Councilman Grillos's Excused Absences for March and April
Councilman Abernathy made a motion to amend March and April minutes to show Councilman
Grillos was excused. Secretary Linda Kane said both minutes show the excused absences.
Councilman Grillos said the minutes he received did not reflect the excused absences.
Councilman Grillos seconded the motion to amend March and April minutes and it carried.
Discussion of Budget
Councilman Grillos said he would like a 20 percent increase in the overall budget, to be
specified for the hiring of Council's own attorney.
Councilman Jemiola said independent legal counsel for the Council has been an ongoing
concern. He said there's conflict of interest having County Attorney Barker represent the
Council when his first obligation is to the Board of County Commissioners.
Councilman Abernathy said although Council is not meant to be an adversarial body with the
County Commissioners, it is an oversight body, therefore, requiring a degree of separation. He
said having the money on the books does not mean it would need to be spent.
Councilman Stille asked for an example of when Council might need its own attorney.
Councilman Grillos responded that in the event of a recall of Commissioner Barb Kirkmeyer,
the last person he wants to see this Council go to is attorney Barker, not that he is unqualified.
He said the Council would need an unbiased attorney.
Councilman Stille said Council could receive impartial advice from attorney Barker.
Councilman Grillos said he disagreed.
Councilman Abernathy asked Councilman Stifle why he is opposed to the budget increase.
Councilman Stille said he is not opposed, but he didn't feel the money needed to be
earmarked. Councilman Abernathy said experience has told him funds should be earmarked.
Councilman Grillos made a motion to request a 20 percent budget increase to be earmarked
for independent legal counsel, seconded by Councilman Abernathy. A roll -call vote showed
Councilmen Stille and Tucker against the motion, with Councilmen Abernathy, Jemiola and
Grillos in favor, and the motion passed.
Councilman Abernathy stated his concern remained whether Council would still need to
request approval from the commissioners. He said they can hire personnel, like a secretary,
but why are they not able to hire an attorney.
Councilman Stifle said they'd have to talk to the commissioners and Finance Director Don
Warden regarding the budget. He said he doesn't know what Council's responsibility is in the
event of a recall.
Councilman Grillos said Council needs its own attorney because attorney Barker represents
Commissioner Kirkmeyer, and has told this Council on more than one occasion he does not
work for us, he works for the commissioners, period.
Discuss Reinstating Review Program
Councilman Jemiola made a motion to reinstate the review program typically held monthly by
Council, seconded by Councilman Grillos, and carried.
Councilman Stille will work with the secretary to review the departments and propose a
potential review schedule to be presented to Council for adoption.
Councilman Abernathy said public comments, including read statements or other documents,
should be included in the minutes, seconded by Councilman Grillos.
During discussion, Councilman Stille said it's a brand new policy. He asked if Council is willing
to authorize more work time. Councilman Grillos asked how long it takes to have something
scanned. Councilman Abernathy said constituents who prepare a statement or documentation
should have their statements included in the minutes.
Councilman Jemiola said an exact transcription is difficult to keep accurate, though a general
synopsis of speakers could be included. He told the public an audio version of the meeting is
available. He asked that recorded minutes be posted online.
Councilman Jemiola amended the motion to have the meeting recording provided online with
the minutes.
Councilman Abernathy said rather than providing a summary, to provide an attachment of
documents and/or statements to the minutes.
Councilman Jemiola said he'd like every meeting video-taped. Councilman Grillos pointed out
he was recording this meeting.
Councilman Grillos asked Ms. Patterson if audio or video would be more helpful to her.
Ms. Patterson said video would address more senses than simply audio, but either would be
acceptable in a public format.
Councilman Abernathy made a motion to provide the audio on the county web site and to put
on the July agenda discussion of how to do so.
After further discussion, Councilman Abernathy withdrew his motion.
Councilman Abernathy made a new motion that beginning in June any statements or
documents provided during the meeting be scanned and provided as an addendum to the
minutes, seconded by Councilman Grillos. A roll -call vote showed Councilmen Abernathy and
Grillos in favor of the motion, with Councilmen Stifle, Tucker and Jemiola opposing, and the
motion failed.
Councilman Jemiola said he wants accuracy and transparency and sometimes there's slander
in letters, and if it does not contain foul language, he would be ok with submitting documents.
He said he'd be in favor of a video, too.
Councilman Stille asked Secretary Kane how hard it would be to place audio on the web site.
Secretary Kane replied she did not know. Councilman Stille asked her to find out and provide a
report to Council at the July meeting.
Ms. Patterson said some members of the public have access to computers. She said because
of Weld County's size, a lot of people don't have access to these meetings. If Council could
put something online via audio or video it would better serve the constituents.
Councilman Jemiola made a motion to have audio minutes posted to the Weld County Council
web site for less than $1,000 and if it costs more, to put it out for bid, seconded by Councilman
Tucker.
In further discussion, Councilman Grillos asked Mr. Kilpatrick if posted audio would be
adequate. Mr. Kilpatrick said yes.
A roll -call vote showed all in favor of the motion and it passed.
Old Business:
Discussion of a Whistleblower program
Councilman Stifle stated that under old business, there seems to be this idea that he and
Councilman Tucker were instructed to look into a whistleblower program and that Councilman
Stille said no. He said Council needs to address it with the commissioners.
Councilman Jemiola said he didn't believe the Commissioners should be setting up their own
whistleblower program. He said the only blame to assign is to every member of this board. He
said he's sat on the Council for 3.5 years and they need to be working together. He said he
doesn't care who's on a committee, but he does believe Council should establish its own
whistleblower program.
Councilman Stifle gave an update on the Commissioners whistleblower work session. They
invited Sheriff Reams and Assessor Woodruff and Clerk & Recorder Koppes and each
department was opposed to a whistleblower program because they already have their own
internally. Non -employees can go to a particular department with an issue.
Councilman Stille said when Ms. Elisa Kunkel came forward, Council should have had an
audit, but instead it was fought. We spent $50,000 on these audits and the whistleblower
aspect from the commissioners needed to be tabled. In regard to the Council being its own
whistleblower program, software programs are available for assistance, but would require a
cost.
Attorney Barker addressed the Council and said the BOCC, Sheriff and Clerk & Recorder
tabled the matter. They didn't see the need for a whistleblower program.
Councilman Stille asked what Council wants to do, regardless of the department, reporting to
Council.
Councilman Jemiola said public comment is always available.
Councilman Stille said making public comment is intimidating.
Councilman Jemiola said there's always going to be differing opinions on whistleblower issues.
Councilman Stille asked whether Council was already a whistleblower agency. Councilman
Grillos said the Council responded to whistleblower Elisa Kunkel. Councilman Grillos said, as
Councilman Stille stated, it's very intimidating.
Councilman Grillos asked for a comparison with Arapahoe and Douglas Counties. He said this
Council needs to explore various programs available and that it be provided on the county web
site.
Councilman Stille pointed out that Sheriff Reams already has his own program. Councilman
Grillos suggested he bring before the Council the various programs, and detailed information,
about other whistleblower programs and then Council can proceed on making any changes.
Councilman Jemiola made a motion that Councilmen Stille and Grillos work together to study
options. Councilman Grillos said he didn't have time.
Councilman Jemiola amended his motion to recommend Councilman Stille look into
whistleblower options available. Councilman Abernathy requested they ask commissioners for
their research into various programs.
Councilman Jemiola made his motion to request information from the BOCC regarding the
whistleblower program so Council can review what they were studying; and that Councilman
Stille be the liaison between Council and the Commissioners. It was seconded by Councilman
Abernathy.
In further discussion, Councilman Grillos said the Commissioners seem to be very zealous in
implementing something and he would think they'd be in support of this.
A roll -call vote showed all in favor of the motion and it passed.
Councilman Abernathy asked who had the book, "The Emporer's New Clothes," submitted to
Council by Karen Grillos at the May meeting. Secretary Kane stated she had the book and
would provide it to Councilman Abernathy.
Discuss Executive Session Procedures
Councilman Stille discussed executive session procedures. He read a lengthy statement
regarding rules and procedures of executive session. He spoke specifically regarding statutes
regarding calling an executive session to discuss personnel issues. He said he will make those
documents available to the public.
He said an executive session was brought into question recently. Councilmen stated the
Secretary omitted an executive session from the agenda. Councilman Stille said he didn't
recall an executive session being voted on, nor did he vote for one. Secretary Kane said she
reviewed the minutes and audio from December and an executive session was never
requested.
Councilman Jemiola said it's always wise for an attorney to be present during an executive
session.
Councilman Grillos stepped out of the meeting at 8:06 p.m.
Councilman Jemiola said you can ask that an executive session be made a placeholder on an
agenda and that no decisions can be voted on during executive session.
Councilman Stille asked if Council wanted one placed on the July meeting as a placeholder.
Attorney Barker said it's best to place an executive session on the agenda at least 24 hours
prior to a public meeting. Council may go into executive session for many issues, including
personnel. He said notice needs to be made to that employee so he/she can ask the meeting
to be public or not.
Councilman Stille asked that it be noted Councilman Grillos returned to the meeting at 8:08
p.m. Councilman Grillos responded that he had it recorded, and videotaped.
Councilman Stille asked for further comment and said they will not put executive session on
the July agenda.
Councilman Grillos made a motion to put an executive session on the July agenda as a
placeholder.
Attorney Barker asked for what reason.
Councilman Grillos said for employee reasons.
Attorney Barker said the reason must be stated.
The motion was seconded by Councilman Abernathy.
Councilman Tucker asked a question before the vote. He said Council knew to whom the
executive session was for, Secretary Linda Kane as she is the only employee, and he believed
Councilman Grillos has an issue with that employee and due to that fact, he could not render a
fair opinion and that Councilman Grillos should recuse himself regarding anything to do with
that executive session.
Councilman Grillos said he disagrees. He said he could be impartial and very fact -based.
Councilman Tucker said he did not believe Councilman Grillos could be impartial and fact -
based.
Councilman Grillos stated Councilman Tucker was entitled to his opinion.
Councilman Stille said he didn't believe it either and consequently if Council goes into
executive session in July, because of a claim with the Colorado Civil Rights Division,
Councilman Grillos should recuse himself.
Councilman Grillos said he would not accept advice on this issue.
Attorney Barker said that during executive session, no decisions are made, though discussion
can occur.
Councilman Stille asked attorney Barker whether Councilman Grillos could attend the
executive session. Attorney Barker said it was up to the Council to determine.
Councilman Abernathy asked to be enlightened to the facts.
Councilman Stille responded no.
Councilman Jemiola stated if Council was going to have an executive session, that it be to
confer for legal advice. He recommended for the next meeting, to confer with attorney Barker
because he has specific questions and he's not sure if they can be asked publicly.
Councilman Abernathy asked if executive session is recorded. The answer was yes.
Attorney Barker stated the employee discussed has a right to ask the session to be public.
Councilman Stille said if we address Ms. Kane and she chooses it to be open, it will not be in
executive session by statute.
Councilman Grillos said two motions were on the floor. He said he withdrew his motion, in
favor of Councilman Jemiola's motion to go into legal... (and then he was interrupted with a
question by Councilman Jemiola.)
Councilman Jemiola asked attorney Barker if, historically, Council has conducted reviews for
staff.
Attorney Barker said he was not sure.
Councilman Stille said he meets with HR Director Patti Russell to discuss Secretary Kane's
performance review, which is at least six months overdue.
Attorney Barker said the review would be conducted by the Council.
Councilman Grillos said the motion was made by Councilman Jemiola and seconded by
himself — and Councilman Jemiola clarified he would like to consult with an attorney regarding
specific legal questions pertaining to staff and Council.
Councilman Stille said the motion is for a placeholder on the July agenda for executive session
for personnel matters.
Councilman Jemiola asked attorney Barker for another opinion.
Attorney Barker said Council has the right to go into executive session to discuss personnel
issues, and is required to give notice to the employee.
Councilman Jemiola asked attorney Barker to draft a motion to achieve the Council's motion to
have an executive session regarding a personnel item and to have the staff member noticed
as well. Councilman Jemiola said that even a simple review would be in executive session
unless the employee requested otherwise. He said Council wants an executive session, that
they want to follow all the rules, regulations and procedures in doing so.
Attorney Barker asked President Stifle if he was planning to meet with HR Director Patti
Russell on Friday. He asked whether the executive session should be in July or August.
Councilman Grillos asked whether that would postpone the review, which should be within six
months, which has already passed.
Councilman Jemiola said he'd prefer it be done as soon as possible.
Councilman Jemiola said he would rescind his motion for legal counsel, because his questions
were answered, but he would like the language prepared by attorney Barker according to law.
He stated he could prepare the language to put an executive session on the July agenda.
Statement by Council Secretary
County Council Secretary Linda Kane made a lengthy statement which included her thoughts on
a whistleblower program managed by the Council. She stated she was not in favor of a program
managed by Council, citing a complaint filed in February with the Colorado Civil Rights Division
regarding allegations of improprieties of Councilman Grillos.
The CCRD claim is currently under investigation
ADJOURNMENT:
By acclamation, the meeting was adjourned at 8:44 p.m.
July 16, 018
1/re (6)
Council President, Gene Stifle
Council Secretary, Linda Kane
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