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WELD COUNTY COLORADO ° �� ', ,, xa rfRs
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.v' ry—% for Action To Dote_ June 6, 19 I. V I a� •,Q7n
for Info To All Elected Officials l
Your Action Or Reply Is Required I CCU
Subject: County Council Report On Or Before
In accordance with the Home Rule Charter, Section
13-8 (6-7) , the Weld County Council is sending
you a copy of the enclosure.
780485
Ocu 'IC- 427732
Review of Formation of County Attorney Office
Home Rule Charter establishing the Department of Law became
effective January 1, 1976.
Confusion as to the terminology in Article V, Section 5-2--
Qualifications--delayed appointment of the County Attorney.
The Council presented three papers regarding this wording
and obtained a statement signed by fifteen members of the former
charter committee in an effort to clear up the confusion.
Commissioner Carlson came to the Council with a resolution he
had drafted asking that a resolution giving the present County
Attorney all litigation in 1976 be rescinded.
Two assistant attorneys were appointed and a press release in
June, 1976 stated that a County Attorney had been hired.
In August, 1976 the Council met with the new County Attorney
and talked to him about the transition, resolutions, and other
matters and duties of the Department of Law. No mention of outside
employment by the attorney was made.
Prior to the appointment of a Charter Review Committee, Mr.
David met with the Council to talk about areas of the Charter which
might need correcting. There was a complete discussion of Article V
(Department of Law). Mr. David did not mention his problem with
Section 5-1-(2).
In August, 1977, people in the County talked to individual
members of the Council and stated their belief that Mr. David was using
County facilities and time for legal work other than that considered
proper.
The Council asked Mr. David for a record of his "Log Time" which
was denied on the basis that this was confidential information and that
the Council would need to make this request through the Commissioners.
This request was made to the Commissioners and was denied, however the
Council did receive a summary of the percent of time spent in various
areas.
Report from the County Council Regarding Thomas David, County Attorney
Review of allegations that Thomas David has private law practice which
violates Home Rule Charter provision Article V, Section 5-1-(2) which
states: "The office of County Attorney shall be the primary employment
of the County Attorney and he shall have no other employment as an
attorney."
On April 3, 1976 Weld County advertised in the Greeley Tribune for
a County Attorney. The ad states "Position is full time, and private
practice or other employment will not be permitted." This corresponds
to Weld County Home Rule Charter Article V, Section 5-1-(2).
A statement from the Weld County Commissioners dated May 1, 1978
reads as follows:
On May 26, 1976, after voting to hire Mr. David as Weld
County Attorney, we directed Mr. Barton Buss, Director
of Finance, to contact Mr. David immediately by telephone I
concerning his appointment. Mr. Buss then contacted Mr.
David and reported back to the Board of County Commis-
sioners that Mr. David would accept and would be available
July 1, 1976 to commence his duties as Weld County Attorney.
The Commissioners official action in a resolution dated June 2, 1976
stated "Be it further resolved that appointee shall be subject to all
qualifications, duties and provisions as set forth in the Weld County
Home Rule Charter and this resolution."
June 11, 1976 Thomas 0. David was sworn in and said in part:
I, Thomas 0. David, do solemnly swear that I will support
the Constitution of the United States and of the State of
Colorado and will faithfully perform the duties of the
office of Director of Department of Law to be known as
County Attorney.
A statement from the Weld County Commissioners dated May 1, 1978
reads as follows :
On June 11, 1976 the various members of the Board of
County Commissioners met with Mr. David in the Weld
County Centennial Center and again discussed hi u work-
starting date. Mr. David explained that there ?sere
certain matters that obviously would run beyona July 1,
1976 but he did advise the Board of County Commissioners
that he would be in a position to devote "full time" to
the duties of County Attorney, "full time" meaning a
minimum of forty (40) hours per working week. Mr.
David further explained that it would be necessary,
on occasion, to be gone from Greeley on a regular
working day but he would, in every case, either dock
his wages, use compensatory time or use vacation time.
Mr. David further assured the Board of County Commissioners
that he would not undertake any new matters in his law
practice and that he would expedite the closing of all
matters at the earliest possible date, and would not,
in any way, allow the closing of his private matters
to interfere in any way with his duties as Weld County
Attorney.
Mr. David filed a probate case in Lincoln County, North Platte,
Nebraska June 1, 1976, six (6) days after he was informed of his
Report from County .,ouncil
RE: County Attorney
Page 2
appointment. The number of this case is 9848, probate case of
George W. Marshall. As of May 1, 1978 this case is still open.
(Reference Tape 7 to 104 and 203 to 268) .
Mr. David has a case in Loup County, Taylor, Nebraska. This is
case 7-13: the estate of James Hyde. This case was also open May 1,
1978. (Reference tape 107 to 202 and 272 to 319). However, it
appears that this case is inactive. The probate side of case 7-13
is Case #31, Docket 14. According to Associate Judge Florence
Marshall, this case was closed April 10, 1978. (Reference tape #2,
11-232) .
Mr. David had a case in Grant County, Hyannis, Nebraska. This was
case #508, estate of Orrin B. Winter. This case was closed March 10, 1978.
Mr. David stated to the Commissioners in the minutes of the March
6, 1978 meeting that with the exception of one case, he had concluded
his private practice.
A letter dated May 1, 1978 from Bette Rhoden to the Weld County
Council states in part:
I remember that Mr. Tom David was advised that he could
remain on the cases which he had on file which would
cause a hardship on his clients by turning them over
to someone else, due to the research he had done and
lack of knowledge of the case by another attorney. Mr.
David stated he would close these cases out as rapidly
as possible, and would keep the Commissioners advised.
A letter from the County Commissioners dated May 1, 1978 states
in part: "No prior written agreement between the Weld County Board
of County Commissioners and Mr. David exists which relates the
conditions concerning Mr. David's disposition of this private law
practice."
Accepted and approved by the Weld County Council on May 30, 1978.
Council resident
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