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MINUTES 0CT 41977 ! i
WELD COUNTY COUNCIL U
September 23, .1977 GRO{, &O1.4.
The Weld County Council met in special session in full
conformity with the Weld County Home Rule Charter at
9th Avenue and 9th Street, Greeley, Colorado, September
23, 1977 at the hour of 9:30 A.M.
ROLL CALL: The following members were present:
Nancy Clark. President
Bob E. White, Vice President
John Martin, Councilman
Floyd Oliver, Councilman
Robert Martin, Councilman
Also present: Mrs. Brooke Wunnicke and aide; Mr. Ed Dunbar;
Citizen Mrs. Allen; four members of the press; and the
secretary, Bev Thomas.
BUDGET HEARINGS: Mrs. Clark asked the Council's pleasure
regarding Council members attending the County Budget
Hearings. Floyd Oliver made a motion that the Council
not make definite plans to have members at each meeting..
However, members should take notice of the meetings and
attend ones that interest them. Bob Martin seconded the
motion. It was defeated three to two with Floyd Oliver
and Bob Martin voting yea. '
Mr. Dunbar said he hoped that the Council members would
attend as many of the meetings as possible. Bob White
made a motion that scheduling attendance at the budget
meetings be tabled until the next meeting. Bob Martin
seconded the motion and it passed unanimously.
JACOBUCCI CASE: Mrs. Brooke Wunnicke, Deputy District Attorney
from Denver, joined the Council. She explained that since
the local District Attorney was involved in the prosecution
of the indictments against Mr. Jacobucci, he wanted someone
other than local District Attorney personnel to work on the
related matter of the court-testing of the Council's
resolution regarding Mr. Jacobucci.
Mrs. Wunnicke explained that the law provides for a civil
proceeding, Rule 106, to determine if an official is
retaining office unlawfully. She said she had made the
initial check on the law and determined this particular type
of case had never been adjudicated in Colorado. Therefore,
regardless of who won the case at the District Court level
it probably would and should eventually be adjudicated by
the State Supreme Court.
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County Council Mink's r T Page 2
September 23, 1977
Although Rule 106 is specific in stating that the District
Attorney initiates action, Mrs. Wunnicke felt that the
Council should make an official acknowledgment that it
wanted its resolution tested in Court. She also outlined
the time-frame involved in such a proceeding, and summarized
by saying it depended on the local court caseload. She
would be ready to file court actions the first week of
October.
Bob Martin expressed concern that Mr. Jacobucci continues
to ignore his suspension and vote in all the Commissioners'
offical actions. Mrs. Wunnicke said that a temporary action
could be requested of the court to inhibit Mr. Jacobucci
from participating in that role until the court cases were
finalized. She emphasized that such a request is not always
granted by the court.
Bob White made a motion that the Council ask that action
be filed under Rule 106, and also that temporary injunctive .
relief be requested. This request should be made in the form
of a resolution prepared by District Attorney Robert Miller.
Bob Martin seconded the motion. With the approval of the
second, Bob White altered his motion to state Robert Ray
be requested to prepare the resolution, and that the action
be filed in District Court. The motion passed unanimously.
Robert Ray was contacted during a recess about preparing
the resolution and later in the meeting he brought the
prepared resolution for the Council 's approval. Floyd
Oliver made a motion that the resolution regarding Request
for Enforcement of Resolution Suspending Weld County Commis-
sioner Victor Jacobucci be adopted. John Martin seconded the
motion and it passed unanimously.
COUNTY ATTORNEY'S OFF E E: Nancy Clark read a letter from Mrs.
Steinmark stating that the County Attorney was not involved
in the defense of Victor Jacobucci. Nancy also reported that
her request for the County Attorney's time sheets had been
refused. However, Mr. David had suggested that if Nancy
wanted to make a formal, written request for the time sheets
he would present it to the County Commissioners to decide if
they should be released to the Council.
Nancy Clark stated she felt the discrepancy regarding Mr.
David's time centered in the fact that the Commissioners
are saying Mr. David is not involved in defending Mr. Jacobucci
against the indictments. On the other hand, the Council is
concerned about Mr. David handling any of the matters related
to Mr. Jacobucci.
Bob White thought that the County Attorney was not the County
Commissioner's personal attorney, but that the people of Weld
County Council MinteN f 3 Page 3
September 23, 1977
County were his rightful clients. Bob Martin felt that the
County Commissioners had no right to use the County Attorney
to fight the Charter that they were sworn to uphold. John
Martin thought that whether Mr. David has exceeded his
authority or not was a legal matter and that the Council
should ask their lawyer for an opinion about it.
The possible improper use of the County Attorney's office was
discussed at length by the Council members.. Floyd Oliver
then made a motion that the Council postpone any further
action regarding the County Attorney and Mrs. Steinmark's
letter dated September 21, 1977. John Martin seconded
the motion. The motion passed unanimously.
OCTOBER 18. 1977 MEETING TIME: Nancy pointed out that the October
18, 1977 regular Council meeting would conflict with the
Council's budget hearing at 9 A.M. Floyd Oliver made a
motion that the Council's regular meeting on October 18, 1977
be at 10 A.M. Bob Martin seconded the motion and it passed
unanimously.
There being no further business, the meeting was adjourned.
Respectfully submitted,
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Beverly Thomas APPS
Council Secretary
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