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Home My WebLink About20182943.tiffRESOLUTION RE: REAPPROVE AND CONFIRM REIMBURSEMENT OF LEGAL EXPENSES IN THE AMOUNT OF $12,268.57 PAID TO COMMISSIONER JULIE A. COZAD BY AND THROUGH WELD COUNTY WARRANT NUMBER 3331998 ON MARCH 7, 2018 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has sole legal authority, pursuant to C.R.S. §30-11-107(1)(b), "To examine and settle all accounts of the receipts and expenses of the County, to examine and settle and allow all accounts chargeable against the County, and, when so settled, to issue County orders therefor as provided by law," and WHEREAS, furthermore, Section 3-8(4)(i) of the Weld County Home Rule Charter gives the Board singular authority to, "Appropriate funds for all legal purposes," and WHEREAS, Commissioner Julie A. Cozad is the subject of Colorado Independent Ethics Commission ("IEC") Complaint 17-28, and WHEREAS, on October 31, 2017, Dino loannides, Executive Director of the IEC, sent an email to Commissioner Cozad, the Weld County Attorney and multiple other attorneys for other home rule governmental entities, a copy of which is attached hereto as Exhibit "A," informing them that the IEC was initially considering whether Article XXIX, Section 7 of the Colorado Constitution, allows the IEC to exercise jurisdiction over Commissioner Cozad, a Commissioner in home rule Weld County, and was ordering the parties to brief the issue and accepting amicus curiae briefs on the subject from the home rule entities, and WHEREAS, Commissioner Cozad hired attorney Jason R. Dunn to brief the issue on her behalf, which he did with a submittal to the IEC on November 29, 2017, and WHEREAS, Mr. Dunn's brief specifically addressed the issue of the applicability of Article XXIX, Section 7 of the Colorado Constitution, to elected officials and employees of Weld County, including Commissioner Cozad, and WHEREAS, Mr. Dunn continued with follow-up on the matter through December 29, 2017, and WHEREAS, Mr. Dunn provided to Commissioner Cozad various invoices for his time spent on the matter, totaling $12,268.57, which invoices are attached hereto and collectively marked as Exhibit "B," and WHEREAS, Commissioner Cozad paid Mr. Dunn's invoices in -full through personal checks totaling $12,268.57; copies of said checks being included in Exhibit B, and 3OCc.,Ca.. PIOCJF') 9/&Coit8' 2018-2943 BC0051 RE: REAPPROVE AND CONFIRM REIMBURSEMENT OF LEGAL EXPENSES IN THE AMOUNT OF $12,268.57 PAID TO COMMISSIONER JULIE A. COZAD BY AND THROUGH WELD COUNTY WARRANT NUMBER 3331998 ON MARCH 7, 2018 PAGE 2 WHEREAS, the Board finds that because the time spent by Mr. Dunn was to brief the issue of the applicability of Article XXIX, Section 7 of the Colorado Constitution, to elected officials and employees of Weld County, the invoices he submitted to Commissioner Cozad and which she paid are expenses of Weld County, and Commissioner Cozad must be reimbursed by Weld County, and WHEREAS, Commissioner Cozad was paid reimbursement in the amount of $12,268.57, by and through Weld County Warrant Number 3331998, which was issued on March 7, 2018, included as part of the Weld County Warrant Register, which was approved on the Board's Consent Agenda on the same date by unanimous vote of the Board; a copy of said Warrant Number 3331998 being attached hereto as Exhibit "C," and WHEREAS, payment of expenses of Weld County, including reimbursements to elected officials and employees, are paid by and through the issuance of county warrants approved by the Board on its Consent Agenda at its meetings every week in the normal course of business, and WHEREAS, the Board now desires to reapprove and confirm said reimbursement to Commissioner Cozad in the amount of $12,268.57, paid to her on March 7, 2018, by and through Weld County Warrant Number 3331998, and WHEREAS, the Board intends for this Resolution to substitute for and take the place of the unanimous action of the Board on March 7, 2018, to approve the Board's Consent Agenda only regarding the Weld County Warrant Register as of March 7, 2018, for Weld County Warrant Number 3331998. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the payment on March 7, 2018, to Commissioner Cozad in the amount of $12,268.57, by and through Weld County Warrant Number 3331998, for reimbursement of the legal expenses paid by her and deemed to be a County expense, be, and hereby is, reapproved and confirmed. BE IT FURTHER RESOLVED by the Board that the reapproval and confirmation of the payment of Weld County Warrant Number 3331998 set forth in this Resolution hereby substitutes for and takes the place of the unanimous action of the Board on March 7, 2018, to approve its Consent Agenda only regarding the Weld County Warrant Register as of March 7, 2018, for Weld County Warrant Number 3331998. 2018-2943 BC0051 RE: REAPPROVE AND CONFIRM REIMBURSEMENT OF LEGAL EXPENSES IN THE AMOUNT OF $12,268.57 PAID TO COMMISSIONER JULIE A. COZAD BY AND THROUGH WELD COUNTY WARRANT NUMBER 3331998 ON MARCH 7, 2018 PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of September, A.D., 2018, nunc pro tunc March 7, 2018. ATTEST: ditAvo Weld County Clerk to the Board BY: puty APPRO County Attorney Date of signature: M BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Stie Moreno, Chair (AYE) YE) arbara Kirkmeyer, Pjo-Tem Sean P. Conway RECUSED 1 (NAY) , Julie A. Cozad (AYE) Mike Freeman 2018-2943 BC0051 Exhibit "A" Bruce Barker From: Sent: Subject: Indep. Ethics Comm'n <iecinfo@state.co.us> Tuesday, October 31, 2017 4:27 PM IEC Request for Home Rule Amicus Curiae Briefs Greetings. The Colorado Independent Ethics Commission (IEC) is currently considering Complaint 17-28. The IEC ordered the parties to file briefs about whether Section 7 of Colo. Const. Art. XXIX allows the IEC to exercise jurisdiction over the respondent, a commissioner of Weld County, a home rule county. Additionally, the IEC ordered that any interested entity may file an amicus curiae brief analyzing Section 7 and advising the IEC about the applicability of Art. XXIX to a local government official of Weld County, a home rule county, in the context of Complaint 17-28 and Position Statement 16-01. The briefing schedule is as follows: Briefs must be filed by Wednesday, November 29, 2017. Reply briefs must be filed by Thursday, December 14, 2017. Briefs will be posted to the IEC's website. Briefs and reply briefs may be emailed to iecinfo@state.co.us. Thank you, Dino loannides Executive Director Colorado Independent Ethics Commission 1300 Broadway, Suite 240, Denver, CO 80203 iecinfostate.co.us I (720) 625-5697 I www.colorado.qov/iec i Exhibit "B" I Brownstein Hyatt Farber Schreck Julie Cozad 1817 Saddleback Drive Milliken, CO 80543 Client: Julie Cozad Matter: Independent Ethics Commission Complaint Brownstein Hyatt Farber Schreck, LLP 410 17th Street 22nd Floor Denver, CO 80202 Phone: 303-223-1100 Facsimile: 303 -223 -ill l Invoice Date: Invoice #: Client.Matter #: http: www.bhfs.com January 18, 2018 707479 060203.0001 Payable Upon Receipt INVOICE SUMMARY For Professional Services Rendered Through December 31, 2017 NET FEES TOTAL COSTS $ 4,009.87 100.25 Total Amount Due This Invoice $ 4,110.12 alai' I Brownstein Hyatt I Farber Schreck Julie Cozad 1817 Saddleback Drive Milliken, CO 80543 Re: Independent Ethics Commission Complaint Brownstein Hyatt Farber Schreck, LLP 410 17th Street 22nd Floor Denver, CO 80202 Phone: 303-223-1100 Facsimile: 303-223-1111 Invoice Date: Invoice #: Client.Matter #: hap: www.bhfs.com January 18, 2018 707479 060203.0001 For Professional Services Rendered Through December 31, 2017 FEES Date Tar 12/01/2017 A. Cavallaro 12/14/2017 J. Dunn 12/19/2017 J. Dunn 12/20/2017 J. Dunn 12/21/2017 J. Dunn TIMEKEEPER SUMMARY Timekeeper Jason R. Dunn Allecia Cavallaro Total Fees Description Review and update file with Amicus Briefs Review of reply brief from complaint tent; telephone conference with client Prepare for hearing Prepare for hearing Final preparation and attendance at IEC hearing Total Fees Client Courtesy Discount Net Fees ,Hours 8.30 0.10 8.40 Bak 565.00 280.00 Hours Bait Amount 0.10 280.00 $ 28.00 0.50 565.00 282.50 2.40 565.00 1.90 565.00 3.50 565.00 8.40 Amount $ 4,689.50 28.00 $ 4,717.50 1,356.00 1,073.50 1,977.50 $ 4,717.50 (707.63) $ 4,009.87 I Brownstein Hyatt I Farber Schreck Julie Cozad Re: Independent Ethics Commission Complaint Invoice Date: Invoice #: Client.Matter #: January 18, 2018 707479 060203.0001 Page 2 COSTS Date 01/18/2018 COST SUMMARY Description Administrative Fee Description Administrative Fee for Services Through December 31, 2017 Amount $ 100.25 Total Costs $ 100.25 Amount $ 100.25 $ 100.25 Total Amount Due This Invoice Previous Balance Less Credits $ 4,110.12 $ 8,158.45 (8,158.45) TOTAL AMOUNT DUE $ 4,110.12 IBrownstein Hyatt Farber Schreck Julie Cozad 1817 Saddleback Drive Milliken, CO 80543 Re: Independent Ethics Commission Complaint Brownstein Hyatt Farber Schreck, LLP 410 17th Street 22nd Floor Denver, CO 80202 Phone: 303-223-1100 Facsimile: 303-223-1111 http: www.bhfs.com EIN: 26-1367865 For W-9 Form: www.bhfs.com/w-9 Invoice Date: Invoice #: Client.Matter #: January 18, 2018 707479 060203.0001 Payable Upon Receipt For Professional Services Rendered Through December 31, 2017 Previous Balance Less Credits Balance Forward Net Fees Total Costs Total Amount Due This Invoice TOTAL AMOUNT DUE $ 8,158.45 (8,158.45) $ 4,009.87 100.25 $ 4,110.12 $ 4,110.12 PLEASE SEND WITH CHECK TO: Brownstein Hyatt Farber Schreck, LLP P.O. Box 172168 Denver, CO 80217-2168 NOTE: The above address is for regular mail delivery only NO PAYMENTS SHOULD BE SENT CERTIFIED MAIL OR via Courier Service To: KeyBank Lockbox Operations Brownstein Hyatt Farber Schreck, LLP Lockbox #6025 1000 South McCaslin Blvd. Superior, CO 80027 WIRE FUNDS TO: Brownstein Hyatt Farber Schreck, LLP Bank Name: KeyBank of Colorado Bank Address: 1675 Broadway Denver, CO 80202 ABA#: 307070267 Account #: 769681047122 Ref: 060203.0001, Invoice No. 707479 I Brownstein Hyatt I Farber Schreck Julie Cozad 1817 Saddleback Drive Milliken, CO 80543 Client: Julie Cozad Matter: Independent Ethics Commission Complaint Brownstein Hyatt Farber Schreck, LLP 410 17th Street 22nd Floor Denver, CO 80202 Phone: 303-223-1100 Facsimile: 303-223-1111 http: www.bhfs.com Invoice Date: December 29, 2017 Invoice #: 705165 Client.Matter #: 060203 .0001 Payable Upon Receipt INVOICE SUMMARY For Professional Services Rendered Through November 30, 2017 NET FEES TOTAL COSTS Total Current Invoice Amount Less Credits Applied $ 7,943.85 214.60 $ 8,158.45 (7,500.00) Total Amount Due This Invoice $ 658.45 IBrownstein Hyatt Farber Schreck Julie Cozad 1817 Saddleback Drive Milliken, CO 80543 Re: Independent Ethics Commission Complaint Brownstein Hyatt Farber Schreck, LLP 410 17th Street 22nd Floor Denver, CO 80202 Phone: 303-223-1100 Facsimile: 303-223-1111 Invoice Date: Invoice #: Client.Matter #: http: www.bhfs.com December 29, 2017 705165 060203.0001 For Professional Services Rendered Through November 30, 2017 FEES Date 11/02/2017 Tknr J. Weiss Description Research and analyze home rule legal provisions and Weld County ethics provisions; review and analyze background materials 11/02/2017 J. Dunn Review of background documents 11/03/2017 J. Weiss Research and review home rule questions and Article XXIX; draft and revise brief re jurisdiction of IEC flours Rate Amount 2.50 385.00 $ 962.50 1.30 565.00 734.50 4.80 385.00 1,848.00 11/06/2017 J. Weiss Conference with J. Dunn re home rule brief 0.20 385.00 77.00 strategy 11/06/2017 J. Dunn Work on legal response; conference with J. 1.00 565.00 565.00 Weiss re same 11/07/2017 J. Weiss Telephone conferences with J. Dunn re research 0.60 385.00 231.00 and brief; research and revisions re same 11/07/2017 J. Dunn Review of draft legal brief to IEC on 1.20 565.00 678.00 jurisdiction and edits to same 11/08/2017 J. Weiss Research and revise home rule brief 1.20 385.00 462.00 11/10/2017 J. Weiss Revise home rule brief; discussions with J. 1.30 385.00 500.50 Dunn re same 11/10/2017 J. Dunn Further edits to brief; conference with J. Weiss 0.70 565.00 395.50 I Brownstein Hyatt I Farber Schreck Julie Cozad Re: Independent Ethics Commission Complaint Invoice Date: Invoice #: Client.Matter #: December 29, 2017 705165 060203.0001 Page 2 FEES to Tkprr Description hours Rae Amount to discuss same 11/14/2017 J. Weiss Revise brief per J. Dunn 0.30 385.00 115.50 11/14/2017 J. Dunn Review of amicus brief; emails with J. Weiss re 0.60 565.00 339.00 same 11/17/2017 J. Weiss Revise brief formatting and circulate same 0.30 385.00 115.50 11/28/2017 J. Weiss Review and revise brief per J. Dunn 0.80 385.00 308.00 11/28/2017 J. Dunn Final edits to Brief; conference with J. Weiss 0.70 565.00 395.50 11/29/2017 J. Weiss Review and revise brief per J. Dunn 0.40 385.00 154.00 11/29/2017 J. Weiss Attend part of IEC conference 0.40 385.00 154.00 11/29/2017 J. Dunn Participate in IEC telephone conference; emails 1.40 565.00 791.00 with amicus parties; filing of brief Total Fees 19.70 $ 8,826.50 TIMEKEEPER SUMMARY Timekeeper Jason R. Dunn Joshua A. Weiss Total Fees Client Courtesy (882.65) Net Fees $ 7,943.85 Hours 6.90 12.80 Rate 565.00 385.00 Amount $ 3,898.50 4,928.00 19.70 $ 8,826.50 I Brownstein Hyatt I Farber Schreck Julie Cozad Re: Independent Ethics Commission Complaint Invoice Date: Invoice #: Client.Matter #: December 29, 2017 705165 060203.0001 Page 3 COSTS 11/30/2017 12/29/2017 COST SUMMARY Description Mileage/Parking Expense Administrative Fee Description Amount Mileage/Parking Expense - Joshua A. Weiss - Parking - Parking to $ 16.00 attend IEC hearing - Joshua Weiss Administrative Fee for Services Through November 30, 2017 198.60 Total Costs $ 214.60 Amount $ 16.00 198.60 $ 214.60 Total Current Invoice Amount Less Unallocated Funds Applied $ 8,158.45 (7,500.00) Total Amount Due This Invoice $ 658.45 Previous Balance Less Credits TOTAL AMOUNT DUE $ 658.45 I Brownstein Hyatt I Farber Schreck Julie Cozad Re: Independent Ethics Commission Complaint Invoice Date: Invoice #: Client.Matter #: December 29, 2017 705165 060203.0001 Page 4 UNALLOCATED FUNDS Previous Unallocated Balance Less Unallocated Funds Applied Net Unallocated Balance TRUST ACTIVITY Account: KeyBank - Trust Account Date Receipts Disbursements 11/15/2017 $ 7,500.00 12/18/2017 $ (7,500.00) Total $ 7,500.00 $ (7,500.00) $ 7,500.00 7,500.00 Trust Balance $ I Brownstein Hyatt I Farber Schreck Julie Cozad 1817 Saddleback Drive Milliken, CO 80543 Re: Independent Ethics Commission Complaint Brownstein Hyatt Farber Schreck, LLP 410 17th Street 22nd Floor Denver, CO 80202 Phone: 303-223-1100 Facsimile: 303-223-1111 http: www.bhfs.com EIN: 26-1367865 For W-9 Form: www.bhfs.com/w-9 Invoice Date: Invoice #: Client.Matter #: December 29, 2017 705165 060203.0001 Payable Upon Receipt For Professional Services Rendered Through November 30, 2017 Previous Balance Less Credits Balance Forward Net Fees Total Costs Total Current Invoice Amount Less Unallocated Funds Applied Total Amount Due This Invoice TOTAL AMOUNT DUE $ 7,943.85 214.60 $ 8,158.45 (7,500.00) $ 658.45 $ 658.45 PLEASE SEND WITH CHECK TO: Brownstein Hyatt Farber Schreck, LLP P.O. Box 172168 Denver, CO 80217-2168 NOTE: The above address is for regular mail delivery only NO PAYMENTS SHOULD BE SENT CERTIFIED MAIL OR via Courier Service To: KeyBank Lockbox Operations Brownstein Hyatt Farber Schreck, LLP Lockbox #6025 1000 South McCaslin Blvd. Superior, CO 80027 WIRE FUNDS TO: Brownstein Hyatt Farber Schreck, LLP Bank Name: KeyBank of Colorado Bank Address: 1675 Broadway Denver, CO 80202 ABA#: 307070267 Account #: 769681047122 Ref: 060203.0001, Invoice No. 705165 iew Check: #0000006913 Amount: $658.45 Date: 1/18/2018 Check Front Check Back ,970_6-0,774.M/ lrri� nip 2n/e Ouxaw /8/J - /r,./r//Ata Oivve- .s`f ('!v ti'0e7/8 CREDIT UNION OF COLORADO 1 -800x144 -4e16 W W W.CUOFCO.ORO DDA Lbx CLE Batch 5173613 Seq 000106 Date 20180117 CREDIT TO DDA BILLING ACCOUNT ABSENT ENDORSEMENT GUARANTEED KEYBANK LB NATIONAL ASSOCIATION LB CLE Print Check View Check: #0000006904 Amount: $7,500.00 Date: 11/16/2017 Check Front aw_...r. 14130. ...«........m. Check Back .4'v y O/' /AA, Guzzr/ al .lird///iJt e4 due . 1hgAw. G'(1 d'Chi 1J' jZ ' ewe iry CREDIT UNION OF COLORADO 1 -000 -4M -4f116 WWW.CUOFCO ORG ctr, LOL nn, " WMM X394 61.7514/I020 v : • 6904 O - wnf Pork $1go�a,ea IJ li►✓.�i1 o�w.r OO3 M 1 J Q w 8 o O 7 1 rim • z 0 v c u� rn A m Print Check . f ii(/ or /i4i• Oozar/ 97o-0-d'jy<Y<;1 /<S'// , iir(////uc/ �/�iiiu• ..I%/,A . 6') cS't)<;hY 82-1612/30,20 CREDIT UNION OF COLORADO 1.800-444-4816 WWW.000FOO.OpG 6916 3 f _ 20 te_ yrtfai, National Pm* 11. •:4 TATE OF COLORADO •:• •firdAS0,tFDi 11 Weld County ! x. l;By Older of Th(Board Of County ot1 lis�loncrs P.O. Box 758 ' t C reels . CO 8063 (970) 356"-4000 FAX. (970)352-0242 Greeley. CO 80634 DATE Twelve Thousand Two Hundred Stray Elphl DoOars anti Fitly Seven Cents PAY TO THE ORDER OF JULIE ANNE CO2AD 1817 EAST SADDLEBACK DRIVE MILLIKEN CO 80543 "000 3 Posting Account Amount Posting Date Serial No. ► I o 1 8012700848 I 268.57 I 03/08/2018 I Jr 3331998 e?�91 1021 3/7/20181 CfitiRMAN BOARD OF"OOUYTYCOM.UISSIOI L WARRANT NUMBER 3331998 LWlO VC WA . M•RA►dw• IIpOAlmptllt. A -O MO[..K 10 nt I $ VOID F NOT o€'4ic e& cLCRx RD hM:G VUI,I IYUII ILCI Ov IL/ W040 Type Debit Status Posted 12,268.57 1 0 IN GO DAYS Is: Credit Union of Colorado 1390 Logan St. Denver, Co. 80203 3/7/2018 1:03 PM Acct:973020 Teller #: DIN:664100000028904 Location #: >302075128< Hello