HomeMy WebLinkAbout20170025.tiffJill Gookin
Attorney at Law
NOTICE OF COMPLAINT
CLAIMANT NAME AND ADDRESS:
Sean Conway
39 Ward Drive Apt 206
Greeley CO 80634
ATTORNEY FOR CLAIMANT:
Jill Gookin
Gookin Law LLC
1635 Foxtrail Dr.
Loveland, CO 80538
970-776-4340
TO: Bruce Barker
Weld County Attorney Office
1150 O St.
Greeley, CO 80631
Jordan Jemiola, Weld County Council
P.O. Box 758
Greeley, CO 80632
Weld County Commissioners Mike Freeman Chair
1150 O Street
Greeley, CO 80631
Gookin Law, LLC
P: (970) 776-4340
F: (888) 465 8045
Please be advised that this letter constitutes notice of Sean Conway's complaint under the
provisions of C.R.S. 24-10-101, et seq.; 24-50.5-101, et seq. and violation of public policy.
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1635 Foxtrail Drive
Loveland, CO 80538
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2017-0025
Jill Gookin
Attorney at Law
1. Concise Statement of the Factual Basis of the Claims
Gookin Law, LLC
P: (970) 776-4340
F: (888) 465 8045
On Wednesday, November 30, 2016, at the conclusion of the annual Colorado Counties Inc.
conference and at lunch, Commissioner Conway was presented with a letter signed by
Commissioner Mike Freeman along with a complaint by an employee accusing Conway of
workplace harassment.
In addition, at that time four County Commissioners, Barbara Kirkmeyer, Julie Cozad, Steve
Moreno and Mike Freeman stated that they would not allow Commissioner Conway to serve as a
Weld representative on any board that they desired to serve on which was not a separate outside
appointment, would not assign him a county department to oversee in 2017 as a commissioner
coordinator, and strip him of his role as chairman of the board for 2017. At that same meeting,
he was told he was being removed from representing Weld County on the Upstate Economic
Development Board and Weld/Greeley Airport Board among other boards. He was allowed to
remain on the North Front Range Metropolitan Planning Organization Board for one year only;
since he is that agency representative to the Statewide Transportation Advisory Committee. At
the end of that year he would be required to surrender that position to Commissioner Cozad. He
was allowed to stay on boards that no other commissioner wanted to serve on.
On Nov. 29, 2016, during the conference, board president, Mike Freeman, informed Mr. Conway
that the group wanted to meet after the conference at the hotel. This was entirely out of order.
The meeting, which was held November 30, 2016 in the bar at the Hotel Elegante in Colorado
Springs, was never noticed to the public, as required by law. It was during that meeting each
commissioner took turns telling Mr. Conway how they didn't trust him and as far as they were
concerned he would have no responsibilities on the board ever again. They also chose at that
time to hand him a complaint filed against him by an employee for alleged harassment.
While the CCI conference and any meetings by commissioners were noticed during the first
seven years Mr. Conway was on the board, it was not for the meeting that occurred on November
30, 2016. Clearly county business was discussed. At this meeting Commissioner Cozad told Mr.
Conway "I just don't trust you. I think you've tried to embarrass us." Commissioner
Kirkmeyer also told him he willfully and spitefully went after her, that he was the cause of the
problems for the Emergency Operations Center issues coming to light. Two other items were
raised by the four commissioners: a trip to Jackson Hole for a NACO conference and release of
emails concerning a work session involving Xcel Energy. No other reasons were given at that
time.
Mr. Conway alleges that these actions were in retaliation for his disclosure of the County
Commissioner's unethical and illegal actions.
1635 Foxtrail Drive
Loveland, CO 80538
jill@gookinlaw.com
Gookin Law, LLC
Jill Gookin P: (970) 776-4340
F: (888) 465 8045
Attorney at Law
Mr. Conway denies any actions about the Jackson Hole trip except to say that he thought it was a
waste of money for four people to attend. Others have criticized the trip on social media which.
Mr. Conway did not participate in. Thus, the retaliation by the other commissioners is not even
warranted on this issue.
Commissioner Conway criticized the expense of the Emergency Operations Center Training held
August 16-19 2016. Mr. Conway disagreed at a work session with the disclosed County's use of
a hotel in Breckenridge to operate a weeklong emergency management training as a waste of tax
payers' money and well over the original budget of $15,000. He complained the training should
have been held in Weld County, where the emergency would happen. He expressed his concern
about how this would be paid. Commissioners Kirkmeyer and Cozad stated budget was not an
issue as they were getting sponsors and soliciting contributions from companies who have
business before the County. Conway expressed concern. The Greeley Tribune published an
article stating that solicitations were being made to these companies. Complaints were made by
citizens and the other commissioners blame Conway for those complaints per their statements.
As a commissioner, he has an obligation to represent citizens in the spending of money and the
transactions of county business. The other commissioners now wish to retaliate against him for
raising the issue.
Commissioner Conway learned of a work session scheduled for a very specific item that being
meeting with an Xcel representative with the purpose of talking about the "North and South
Greeley Transmission System expansion" who did not want the "public" to be involved.
In fact, documents released to Complete Colorado in October confirmed they wanted to talk
about potential land use issues that were going before the board of county commissioners.
Concerned Mr. Conway contacted the County Attorney, Bruce Barker, asking if the meeting was
appropriate. There was some initial conversation via emails between County Attorney Bruce
Barker. One commissioner stated that it was always done this way. Mr. Barker told Mr. Conway
and all the other commissioners that it was not a proper meeting given the specific issues;
however, there was an extensive email chain related to this that exposed the unethical actions of
the board. Mr. Conway later released the emails publicly waiving attorney client privilege as he
is allowed to do because he was concerned they were planning to continue this behavior since he
was told verbally by Kirkmeyer that she would do it again. As a result of the disclosure and
waiver of attorney client privilege the commissioners ordered a technology employee with the
county to search Mr. Conway's emails and threatened to have criminal charges filed against him
for waiving the privilege. This action by Commissioner Conway was stated as a reason for
retaliation.
Further in retaliation the commissioners instigated a workforce harassment complaint and are
planning a public censure even before a formal investigation can be completed. This was
documented through numerous emails circulated among the commissioners. In fact,
Commissioner Kirkmeyer even went as far to suggest that Mr. Conway planned the alleged
attack on the employee. Mr. Conway denies the allegation in the complaint.
1635 Foxtrail Drive
Loveland, CO 80538
jill@gookinlaw.com
Jill Gookin
Attorney at Law
Gookin Law, LLC
P: (970) 776-4340
F: (888) 465 8045
Lastly the retaliation continues after Commissioner Kirkmeyer's comments Monday, December
19, 2016 before the County Council when asked about the statements in the Xcel email chain.
She made false allegations that accused Conway of soliciting money for a school his wife is
affiliated with as evidence that he was a hypocrite and not to be trusted. Other allegations have
been made by the commissioners that are false and designed to provide proof that he is not to be
trusted. Other comments have been made.
While Mr. Conway has not been "officially" stripped of his duties it has been made clear to him
that will happen and he believe that will occur at the January 4, 2017 meeting. This is in direct
retaliation for his disclosure of misuse of public monies, along with the board holding illegal and
unethical meetings. Further the act of the commissioners staging and encouraging the workplace
harassment complaint is again another retaliatory action against Mr. Conway for reporting the
board's actions to the County Attorney and public.
2. Nature and Extent of Claimant's Injuries
The County Commissioners knowingly and with malice made defamatory statements, repeatedly
and on different occasions about Mr. Conway.
Without proper authority the County Commissioners knowingly and with malice stripped Mr.
Conway of his duties as County Commissioner.
The County Commissioners knowingly and with malice encouraged an employee to initiate an
unsubstantiated workplace harassment complaint and without proper investigation or authority
have decided on a public censure and continue to plan on other actions.
Mr. Conway's reputation and character continue to be damaged by the defamatory statements
that have been made repeatedly in public by the County Commissioners.
1635 Foxtrail Drive
Loveland, CO 80538
jill@gookinlaw.coln
Gookin Law, LLC
Jill Gookin P: (970) 776-4340
F: (888) 465 8045
Attorney at Law
3. Name and Address of Public Employee/Entities Involved
Bruce Barker
Weld County Attorney Office
11500 St.
Greeley, CO 80631
Jordan Jemiola
P.O. Box 758
Greeley, CO 80632
Weld County Commissioners
1150 O Street
Greeley, CO 80631
4. Concise Statement of the Nature and extent of the Injury claimed
The Colorado Whistleblower Laws protect whistleblowers that are public employees. C.R.S. 24-
50.5-101 et seq. In addition public policy and C.R.S. 24-224-101 et seq. protects private sector
employees from retaliation for disclosing information regarding illegal policies or actions not in
the public interest.
The Colorado Governmental Immunity Act provides that public entities are generally entitled to
immunity from the tortious actions of their employees except where such immunity is waived
either by certain statutory exceptions or by certain conduct performed by the employee.
Furthermore, the immunity of public employees is waived if their actions are willful and wanton.
C.R.S. 24-10-118(1).
Because of the actions of employees and the Weld County Commissioners, Mr. Conway was
retaliated against in the workplace and disparaged publicly. All in violation of the
Whistleblower Laws and from the willful and wanton action of those employees.
5. Statement of the amount of Monetary damages Requested.
Mr. Conway seeks compensation for the retaliation caused by the actions of the employees and
County Commissioners. The estimate of the losses, to date is at least one dollar and will
continue to increase based on the actions of the above stated individuals and others under their
control and direction as part of Weld County government.
WHEREFORE, Complainant prays for any further relief that is deemed just and proper.
1635 Foxtrail Drive
Loveland, CO 80538
jill @gookinlaw.coln
Gookin Law, LLC
Jill Gookin P: (970) 776-4340
F: (888) 465 8045
Attorney at Law
CERTIFICATE OF SERVICE
I, Jill Gookin, Attorney for Sean Conway, certify that on November 30, 2016, caused the
foregoing NOTICE OF COMPLAINT to be served upon the parties listed below via mail and
certified mail, return receipt requested:
Bruce Barker
Weld County Attorney Office
1150 O St.
Greeley, CO 80631
Jordan Jemiola
P.O. Box 758
Greeley, CO 80632
Weld County Commissioners
1150 O Street
Greeley, CO 80631
1635 Foxtrail Drive
Loveland, CO 80538
jill @gookinlaw.com
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