HomeMy WebLinkAbout20174150.tiffMINUTES
WELD COUNTY COUNCIL
August 21, 2017
The Weld County Council met in regular session in full conformity with the Weld County Home
Rule Charter at 6:30 p.m., Monday, August 21, 2017, at the Weld County Administration
Building, 1150 0 Street, Greeley, CO.
ROLL CALL:
The meeting was called to order by President Brett Abernathy. Councilmen Michael Grillos,
Jordan Jemiola, Charles Tucker and Gene Stille were present, constituting a quorum of members.
Also present was County Attorney Bruce Barker and County Council Secretary Linda Kane.
APPROVAL OF AGENDA :
Councilman Stille made a motion to add an item to the agenda under New Business to
discuss resignations. The motion was seconded by Councilman Jemiola and passed
unanimously.
Councilman Abernathy made a motion to add a statement with regard to the Council under
Approval of Documentation. Councilman Stille moved to approve, it was seconded by
Councilman Grillos and passed unanimously.
APPROVAL OF DOCUMENTATION:
Approval of July 17, 2017, Minutes
Councilman Tucker made a motion to approve the July 17 minutes, seconded by Councilman
Stille, and the motion carried.
Second Quarter RTTP
Councilman Tucker made a motion to approve the Second Quarter Report to the People,
seconded by Councilman Stille, and the motion carried.
Statement with Regard to County Council
Councilman Abernathy read a prepared statement reminding constituents of the 1976 Charter
in which it's stated the Council shall review all aspect of county government, including to appoint
a performance auditor.
Councilman Abernathy reminded constituents the Council is composed of volunteers who have
not been trained in political science. He said the only payment received by Council is helping
to make Weld County better for its citizens.
He said that despite the behavior, rumors and newspapers articles recently published, the
audit is a product for which the county can be proud. He reiterated the audit was requested,
funded and supported by the citizens of Weld County
REVIEW PROGRAM:
Audits by Harvey M. Rose & Assoc.
Presentation of audits of the County Commissioners and Clerk and Recorder's Office by audit
firm Harvey M. Rose & Assoc.
Fred Brousseau and Nicolas Menard with the San Francisco based firm gave an overview
of the performance reviews for the Commissioners and the Clerk & Recorder's Office.
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Scope of Performance Reviews, review organizational structure, management and functions in
terms of work flow of Commissioners and Clerk & Recorder's office, along with_ comparisons to
other Colorado counties. The auditors were also requested to make recommendations.
Their report is structured in three sections:
1) Organizational Structure and staffing levels
2) Work flow and alignment
3) Administrative and executive decision making
Regarding the Board of County Commissioners, auditors reported in its Performance Review
Findings, the BOCC should:
1) Consider and ordinance that further defines the commissioner coordinator role
2) Direct the clerk to the board to record all BOCC work sessions with an audio device
3) Direct Human Resources to propose a schedule to review and update succession
plans on a regular basis.
4) Further study the whistle blower programs in place in Arapahoe and Douglas counties
to determine if Weld County would benefit from implementing a similar program
BOCC Decision Making Findings:
1) Weld County has strong finances
2) Provide dashboard reports to improve commissioners' access to financial info
3) Planning and decision making process is not completely clear for an out of county
training seminar that cost $28k more than originally budgeted
4) Decision to require an RFP for new voting equipment does not appear to follow
county's purchasing code
5) Commissioners' conflicts of interest principally managed through self -reporting and
guidance provided by county attorney
6) No evidence of a conflict of interest found in case regarding approval of Martin
Marietta Asphalt and Concrete Plants
The Director of Information Technology should:
1) Work with the finance director, controller, HR director and BOCC to ensure that
financial dashboards continue to improve the financial and other data available to
commissioners
The BOCC should:
2) Consider and pass an ordinance defining and requiring documentation for significant
changes in appropriations from original proposed budget
3) Pass an ordinance amending County Code to clarify when to pursue sole source
purchases
4) Draft and pass a resolution defining and requiring or encouraging elected officials to
publicly disclose facts related to the appearance of a conflict of interest
Clerk and Recorder Performance Review - 3 different findings
1) The motor vehicle dept. is understaffed and lacks key managerial position found
other counties.
2) After conducting an employee survey, it's clear that staff feels understaffed
3) Low morale exists.
The Clerk & Recorder Should:
1) Request, and the BOCC should approve, a motor vehicle branch coordinator or
supervisor
2) Request, and the BOCC should approve, one additional Tech IV position in the
Greeley Motor Vehicle Department to restore the office organization to four Tech
IV/Team Lead positions. The position should be a new position, not a reclassification
or substitution of a Tech III position
3) Request, and the BOCC should approve, one Tech IV position in the Del Camino
branch office and one Tech IV position in the Fort Lupton branch office to serve as
team leaders and assist the branch office managers in running the branch locations.
4) Develop, with the BOCC, an overtime expenditure target to maintain service levels
and minimize negative impact of overtime on staff, and budget the appropriate
amount of staff to achieve that target
5) Request, and the BOCC should approve, three additional Motor Vehicle Tech Iis or
Ills in the Greeley Motor Vehicle Office to address understaffing.
6) Immediately ask the Department of Human Resources and the County Attorney to
conduct a training for all management -level staff on fairness and equal treatment,
fostering employee empowerment and community, and how to avoid even the
appearance of favoritism. The training should be mandatory and all managers, the
Chief Deputy and the Clerk and Recorder should attend and participate.
7) Make policy changes that address the staff concerns identified in the survey and ask
HR to conduct an anonymous follow up survey of staff each year regarding favoritism
and fear of retaliation to assess the improvement of management -level staff. Results
should be presented to the BOCC
Regarding Work Flow and Alignment at the Clerk's Office:
The auditors found Weld County's population to have increased 56 percent since 2000 and is
expected to grow faster through 2030 — increasing the workload of the Clerk & Recorder's
office.
Wait times for typical motor vehicle transactions average 23 minutes, often frustrating the public.
Compared to nine peer counties in Colorado, all three Clerk and Recorder function (motor
vehicles, recording and elections) is understaffed.
Public communication regarding recording fees was incorrect and poorly organized.
Recommendations — The Clerk and Recorder Should:
1) Use the additional three FTEs to staff and fully implement the Processing Center
recommended by the Department of Information Technology
2) Develop and document policies and procedures to track and incorporate customer
feedback and develop criteria and procedures for when to follow up with individual
customer
3) Immediately update the recording fee information in the recorded phone message,
and should review all recording fee information on the website for accuracy. Going
forward, the Clerk and Recorder should explicitly delegate to a deputy or manager
the responsibility of tracking changes in Colorado law and updating public -facing
information accordingly in order to ensure the accuracy of fees quoted online or on
the telephone.
4) Consolidate Recording fees and present them together in accessible, easy -to -use
tables on one webpage. The webpage should note the date of last revision and
accepted forms of payment, particularly when forms of payment differ by fee type (for
example, marriage license fees are only accepted in cash
5) Work with the trainer to develop a survey or assessment instrument to solicit
feedback from recent hires several months after the completion of their training. The
Clerk and Recorder should review this feedback with the trainer and identify
strengths of the training program and areas for improvement.
Administrative and Executive Decision Making
The Clerk and Recorder has made several personnel policy changes since 2015. These include
aligning the Office's vacation use policy with that of the rest of the County and implementing
productivity standards for the Recording Department. Although the merits of these policy
changes may appear reasonable, staff would benefit from improved communications about such
changes, particularly the reasons motivating the change in policy.
Our review also identified several issues in the Greeley Motor Vehicle office facility. There was a
WiFi network that the waiting public wished to use (based on number of customer requests for
login credentials), however the Clerk and Recorder decided to shut it down rather than request
to expand it.
Two staff members cannot discreetly access their silent alarm triggers, leaving them vulnerable
to threatening customers. In addition, the book keeping area could be better secured against
intrusion.
Finally, our review found that the recruitment processes for all eleven new hires in 2016 were
not conducted in compliance with the Clerk and Recorder's internal recruitment procedures and
one contract was signed without approval from the Board of County Commissioners, a violation
of the Weld County Charter.
Recommendations:
The Clerk and Recorder should:
1) Update the Department's office policies to include information on the motivation and
the terms of any new policy and how employees will be held accountable for meeting
policy goals. The policy document should be updated as policies change and new
versions should immediately be distributed to staff.
2) Request, and the Board of County Commissioners should approve, that the
Department of Information Services install and operate open public WiFi that does
not require login credentials at all three Motor Vehicle offices.
3) Request the Director of Buildings and Grounds to adjust the placement of these two
alarm buttons in Recording so that employees can safely and undetectably access
them in the case of a violent or threatening customer.
The Director of Human Resources should:
1) Ensure that all hires starting January 1, 2018 or later in the Clerk and Recorder's
Office follow the Office's recruitment procedures for interviews and testing. The Clerk
and Recorder and Human Resources should report the results to the Board of
County Commissioners in the first quarter of each year.
Councilman Abernathy asked the auditors if the audit had remained in the strictest of
confidentiality. They said yes. He asked if anyone had access to the audit findings prior to its
public release. They said no. Abernathy asked if anyone from the board or council contacted
auditors requesting information. They said no.
Council took a five minute recess and reconvened at 7:40 p.m.
PUBLIC COMMENT:
Carly Koppes, Weld County Clerk and Recorder, thanked the Council for the audit results. She
said the audit proved her office is understaffed.
Dave Kisker, of Johnstown, reminded the public, government employees must hold the resepct
and confidence of the people.
Elisa Kunkel, a Weld County employee, thanked Ms. Koppes for taking ownership of the audit
results showing her office has low morale.
Dan Kunkel said Council "dropped the ball" regarding the audits.
Ellen DeLorenzo said she appreciated the way the audit was handled.
NEW BUSINESS:
Coordinator Reports/Councilman Reports
Councilman Stille reported the Galeton sanitation board went to commissioners for advice and
grants to update their sanitation system.
Bills
Councilman Tucker made a motion to approve bills, it was seconded by Councilman Grillos and
carried.
o Weld County Phone Bill for June
o Mileage for Councilman Gene Stille
o Mileage for Councilman Charles Tucker
$18.56
$37.08
$55.62
Call for Resignations
An agenda item was added to call for resignations. The motion was made by Councilman Stille,
seconded by Councilman Jemiola and passed.
Councilman Stille said two council members created a negative perception to the public and he
asked that Councilman Abernathy and Councilman Grillos resign.
Councilman Grillos said he had done nothing wrong and declined to resign.
Councilman Abernathy said he took specific cautions to make sure the audit was conducted
professionally and he declined to resign.
OLD BUSINESS:
There was no old business
ADJOURNMENT:
By acclamation, the meeting was adjourned at 7:58 p.m.
August 21, 2017 C•;y'i1 - Vent, B `bernathy
Council Secretary, Linda Kane
The Mountain States Investigation Report dated 2/3/17 does not provide reliable
evidence to support action against Sean Conway.
Close reading and analysis of the Sean Conway Investigation Report shows that:
Statements in the report present inconsistent accounts about whether some Commissioners
witnessed the Commissioner Conway phone call of November 23, 2016. The Complainant indicated
that Commissioners Cozad and Moreno were standing near her desk (#1 below), and a Witness reported
that Commissioners Kirkmeyer and Freeman came out of their offices and learned about the call from
Commissioner Cozad (#3 below). Some of the Commissioners' statements indicate that all of the
Commissioners were standing near the Complainant's desk, witnessed the call, and overheard yelling on
the phone (#6-9 below).
1. Page 4 of 17, Investigator Findings, Complainant states: Witness "was standing at my desk. Cozad
and Moreno were just standing off to the side of my desk."
2. Page 4 of 17, Investigator Findings, Witness states: "I was standing at her desk, along with Cozad."
3. Page 5 of 17, Investigator Findings, paragraph 1, Witness states: "Kirkmeyer came down the hall out
of her office. Cozad told Kirkmeyer what happened and Moreno and Freeman also came out."
4. Page 5 of 17, Investigator Findings, paragraph 2, Kirkmeyer states: She was standing 10-15 feet
away and could hear both sides of the phone conversation.
5. Page 5 of 17, Investigator Findings, last paragraph, Freeman states: "I went to the complainant's
desk just in time to see her in tears and walking down the hall."
6. Large #16, Attachment 4, page 2 of 3, paragraph 2, Kirkmeyer states: "I overheard a phone
conversation."
7. Large #22, Attachment 19, email from Kirkmeyer 11/23/16 states: "We all witnessed the call and
could hear yelling on the phone. According to complainant, he also cursed at her. This is the first I
have personally witnessed."
8. Large 32, Attachment 22, email from Freeman 11/23/16 states: "I completely agree with Barb's
account."
9. Large 83, Attachment 37, letter from Commissioners to Conway 11/30/16 states: "Commissioners
Cozad, Kirkmeyer, Moreno, and I were standing in the area close to complainant's desk."
CONCLUSION: These inconsistencies prove that some statements cannot be true. The Investigator
does not appear to have probed to determine which statements were accurate. This makes the report
unreliable as evidence for HR decisions. If the Complainant and Witness did not remember who was
present, or if some Commissioners misrepresented where they were during the phone call, how can
their accounts of what happened in the phone call be trusted?
Compiled by citizens Karen Grillos and Ellen Kisker
Submitted to Weld County Council September 18, 2017
Permanent copy
1of1 Wage
V/7/17
Good evening Weld County and welcome to the County Council meeting. I would like to take
this opportunity to express my disappointment in the decision of Commissioners Cozad, Freeman,
Moreno and Kirkmeyer. On August 28th, they voted to place a question on the ballot to dissolve the
Weld County Council and its oversight duties. I believe this is a decision made in poor judgement and
based upon not an outcry from constituents, but rather contrived from a few former council members
with conflicts of interests as well as former commissioners who also enjoyed the generous
compensation that the county council has continued to approve for its commissioners. In the past, the
county council has recognized quality leadership, devotion to the community and tireless work as a
public servant. As per the 1976 Weld County Charter, the County Council determines the salaries for
elected officials and has always tried to reward the elected officials with a modest yet substantial
compensation level. It appears now that the four previously mentioned commissioners are not satisfied
with their level of compensation and have taken steps to remove the County Council and the power of
the Weld County citizen to determine at what level they will be compensated.
In my life I have observed that people make the majority of all decisions based on three criteria.
The first criteria being Faith and Family. The Weld County Council is a government entity and volunteer
based. The decisions of this council do not address either the faith or the family of any of the
commissioners mentioned.
The second criteria is Ideology. The county council is a non-partisan body whose councilmen are placed
on the ballot by garnering at least 100 signatures of qualified electors from their respective districts. All
of the aforementioned commissioners are Republicans. Despite angry outbursts by the four
commissioners, and the comments of few politically and financially connected citizens that supported
the move, the County Council did its job and questioned the decisions made with county assets and
provided an audit requested by the people in a professional and courteous manner. Although deep
seated anger toward the County Council was seen by the ridiculous treatment of myself and other
volunteer council members by the commissioners at a previous meeting, it is not the most concerning
part of the three criterias. Therefore there is no ideological differences to support such a move to
dissolve the County Council.
The third criteria is financial. It is the majority opinion of this council that this decision is based soley on
greed. As I have stated before, the County Council is required by the Home Rule Charter to set the
salaries of the elected officials. That allows the Council to compensate the commissioners based on job
performance, employment fluctuations, and budget constraints. By disbanding the County Council, the
statutory pay level for a large county would go into effect. This is where the greed comes in. Just by
placing this question on the ballot and its passage in November, they will automatically give themselves
an approximately $15,000.00 per year raise.
We believe that is the motivation for the ballot language being added. As a council we urge the citizens
of Weld County to 1A. We have had the pleasure of having one our Charter mothers,
o speak in support of the Council. She has reassured me that when the Charter was
written, the very intent of the formation of the Council was to provide oversight. Namely to be a check
on the unmitigated authority and power of the five commissioners. It is the continuing commitment
and duty this council to provide that oversight for the citizens of Weld County.
Thank you
ATTENDANCE LIST
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