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This meeting is recorded for accurate transcription.
**Audio of this meeting is available with these minutes**
MINUTES
WELD COUNTY COUNCIL
July 16, 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, July 16, 2018, at the Weld County Administration Building, 1150 0 Street,
Greeley, CO.
ROLL CALL:
a 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 Abernathy made a motion to amend the agenda under Old Business to include a
discussion about holding Council meetings in other locations. He made a motion to approve the
amended agenda, seconded by Councilman Tucker and carried.
APPROVAL OF DOCUMENTATION:
Approval of June 18, 2018, Minutes
Councilman Grillos made a motion to approve the June minutes, seconded by Councilman Abernathy,
and the motion carried.
REVIEW PROGRAM:
There was no review program.
PUBLIC COMMENT:
Dave Kisker, of Johnstown, said that he and a lot of others put much effort into saving the county council.
He said he's not sure it was worth it.
Ellen De Lorenzo, of Johnstown, said it's an embarrassment to say she supports the Council lately. She
said the audits from last year were conducted well. She said a whistleblower program shouldn't include
the Board of County Commissioners.
Karen Grillos, of Hudson, said the Council needs a leader. She said single citizens have accomplished
more than the Council this year.
Tommy Butler, of Greeley, commended Council for voting last month on increased transparency by posting
recorded minutes online.
Carrie Farr, of Greeley, said the public cares how county employees are treated.
Gerald Kilpatrick, of LaSalle, inquired about accessing audio.
0.0mmvnica+long 2018-3617
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NEW BUSINESS:
Coordinator Reports/Councilman Reports
Councilman Abernathy attended the final meeting of the Charter Review Committee and the decision
they've made the 7 numerated powers within the charter are clear. He said it falls on the Council in
how to enact those. He said Council has a duty to not whine about the ability to get more power, but to
put in place specific procedures under which Council can use those powers.
Bills
Councilman Abernathy made a motion to approve bills, it was seconded by Councilman Tucker and
carried.
The bills included: Weld County Phone Bill for June $25.01.
Whistleblower program.
County Attorney Barker provided Council information given to the Board of County Commissioners
regarding a whistleblower program. It was concluded by County Assessor Chris Woodruff, Sheriff Steve
Reams and Clerk & Recorder Carly Koppes that a whistleblower program was not necessary as their
departments already had one in place.
Councilman Jemiola said he'd like to know what kind of whistleblower programs the assessor and clerk's
offices maintain. He said he was comfortable with the sheriffs program.
Councilman Abernathy said county employees have told him they're concerned about retaliation. He
said the BOCC is responsible for the funding of a whistleblower program. He suggested the Council
request from them $7,000 for Council to use at its discretion.
Councilman Abernathy made a motion that Council ask the BOCC for as much as $7,000 for
whistleblower services.
Councilman Jemiola asked to amend the motion to state the money would be used for "and/or" services.
A roll call vote showed all ayes and the motion passed.
Discussion on taking Recess
Councilman Stille said there's a proper way to take a recess versus walking out of a meeting because
the person who leaves the room can no longer be active in a vote or discussion of what they missed.
He said it's good protocol to follow Robert's Rules of Order for taking a recess.
Discussion of elected official recall procedures
Councilman Abernathy proposed a written "recall procedure." It is as follows:
Weld County Charter Article XIII,County Council
Section 13-8
(4)In the event a valid petition for recall is presented as provided inArticleXJ, the Council may
suspend the officer being recalled, with pay,pending the recall election. In the event the Council
suspends such officer, the Council may appoint some qualified person to perform the duties of
the office pending the recall election. In the event the officer is not recalled, he shall he
immediately reinstated.
Elected Officer Recall Procedure 07/16/2018
1. Confirmation from Weld County Clerk and Recorder of the necessary 15%of electors have
signed the valid recall petition and requests a special meeting of the Weld County Council.
2. President of Council, or Vice President in event of absence of President, shall call for a special
meeting within three business days of the qualified recall petition being reported by the Weld
County Clerk and Recorder. Sheriff security shall be requested for the meeting by the President.
3. Quorum for this special meeting shall be the same as a regular meeting. Three (3) present
County Council members shall constitute a quorum. In the absence of both the President and
Vice President a council member shall be selected by a simple majority to preside over the
meeting. In this event, all duties of President, in these procedures, shall become the duties of
the chosen Council member presiding over the meeting.
4. Petitioner and Elected petitioned for recall,with legal counsel present ifdesired,shall be
allowed to testify to the Council at the special meeting following these procedures:
- Secretary shall provide a written agenda and recall procedures to all attending meeting
- President shall call meeting to order
• Pledge of allegiance and roll call
• Weld County Clerk and Recorder shall present recall petition to Weld County Council.
• Elected officer shall have 10 minutes to present testimony regarding the recall petition
• Petitioner shall have 10 minutes to present testimony supporting the recall petition
• Elected officer shall have 4 minutes for rebuttal
- No public comment shall be allowed during this meeting
• Council members shall be allowed to ask questions of either party, no time limit shall be
imposed
• President shall close questioning when all attending council members have completed
their questioning.
- Discussion between council members shall continue until a motion to call the question
has been properly made followed by simple majority in the affirmative.
• All voting shall be by roll call
• A motion shall be made by a council member to suspend the elected officer,with pay
and benefits, until the completion of the next scheduled regular election. A simple
majority in the affirmative shall suspend the elected effective 12:00 am the next
calendar day.
• A motion shall then be made for a special meeting within seven (7)calendar days. At
this meeting, each council member may invite one nominee, from the same political
party, for the temporary replacement of the suspended elected officer. Notice of an
executive session for the discussion of the replacement at the meeting shall be added to
the agenda and public notice given.
• Standard meeting rules and procedures shall apply for the conduct of this meeting.
• Each nominee in attendance shall be allowed 5 minutes to address the Council.
- The Council may enter executive session and may discuss the nominees for appointment
as a temporary replacement for the suspended elected officer.
• Returning from executive session,the Council may vote on the discussion from the
executive session of the Council in the open meeting.
• Meeting shall adjourn
5. Procedures following County Council suspension
• Elected officer shall have all county accessibility removed, including but not limited to,
building access, vehicle access, technology access, and personnel access.
• Elected officer shall surrender the above listed items,as well as any other county
supported or funded items, at 8:00 am the first day of suspension to the sheriff. The
sheriff shall accompany the elected officer to collect necessary personal items from
their county office.
• The elected officer shall remain under suspension until after the election results have
been certified by the Weld County Clerk and Recorder to the Secretary of State with the
following exception:
o The elected officer shall be reinstated at 8:00 am on the Monday following the
regular election if a defeat of the recall exists more than 5%of the unofficial
popular vote, as reported by the Weld County Clerk and Recorder, with 100%of
precincts reporting.
6. Removal of Elected from Office
• Certification of a successful recall election to the Secretary of State shall immediately
remove the elected officer from their office and responsibilities.
- Compensation shall end effective 8:00 am the following calendar day after election
certification by the Weld County Clerk and Recorder to the Secretary of State.
• Temporary replacement officer duties shall begin at 8:00 am the following calendar day
after selection notification by the County Council, Temporary replacement officer shall be
sworn to serve from this date through the certification of the election results.
- Compensation and reasonable expense reimbursement shall be the only benefits
provided for the term of temporary replacement officer's service. Compensation of the
temporary replacement officer shall be equal to the present compensation of the office
they are appointed to and prorated for days of service.
7. Reinstatement of Elected to Office
• The elected officer shall be reinstated to their elected office with all duties, responsibilities and
authority at 8:00 am the next calendar day following certification ofthe election by the Weld
County Clerk and Recorder to the Secretary of State with unofficial results of less than 5%
separating the affirmative and negative votes or;
• The elected officer shall be reinstated to their elected office with all duties, responsibilities and
authority at 8:00 am on the Monday following the regular election ifa defeat of the recall exists
more than 5% of the unofficial popular vote, as reported bythe Weld County Clerk and
Recorder, with 100% of precincts reporting.
• The elected officer shall be subject to the results, whether re-instated or not, of theelection
as certified by the Weld County Clerk and Recorder to the Secretary of State.
• Elected officer shall coordinate reinstatement of accesses and duties with appropriate county
personnel, departments and BOCC.
8. Temporary Replacement
• The temporary replacement officer shall have the same access, duties and
responsibilities of the suspended officer until the election results are certified by the recall
procedures and the elected officer is reinstated or removed from office.
9. Recall Procedure Changes
• The parameters of the Weld County Council procedures for the recall of an elected officer
may be changed at any regular open meeting with a simple majority vote in the affirmative,
with a quorum present with the following exception:
o Between the date an affidavit of recall is submitted to the Weld County Clerkand Recorder
and the date certification of a recall election by the Weld CountyClerk and Recorder to the
Secretary of State, no changes may be made to these procedures by the Weld County
Council.
Councilman Abernathy made a motion to enter the procedures, seconded by Councilman
Grillos. The motion was then withdrawn.
After discussion, Councilman Abernathy made a new motion to make these the procedures of
the Weld County Council and to change the verbiage from "In the event the officer is not
recalled, he shall be immediately reinstated," to "In the event the officer is not recalled, he may
be immediately reinstated," it was seconded by Councilman Grillos, and passed in a unanimous
roll call vote.
Another motion was made by Councilman Jemiola to adopt the Elected Officer Recall
Procedure, seconded by Councilman Grillos. A roll call vote showed all ayes and passed.
Executive Session to consider personnel matters pursuant to C.R.S. 24-6-
401(4)(f)(I). Specifically, the County Council will consider the job
performance of Linda Kane.
No one spoke as to this item so the meeting proceeded.
OLD BUSINESS:
Review Programs
Councilman Stille said he and Secretary Kane made a drafted schedule of review programs.
Councilman Abernathy said he accepts the spreadsheet, however, he would like to change the
month of December's program from Human Services to the BOCC in which Chair Steve Moreno
will be invited.
Councilman Abernathy made a motion to accept the proposed review program, with the
December modification, it was seconded by Councilman Grillos and passed unanimously with a
roll call vote.
Councilman Abernathy made a motion to hold meetings at different locations throughout the
county. Councilman Jemiola mentioned complications in doing so, including not having audio
capabilities, and Councilman Abernathy withdrew his motion.
ADJOURNMENT:
By acclamation, the meeting was adjourned at 7:42 p.m.
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August 20, 2018 Council President, Gene Stille
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Council Secretary, Linda Kane
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