HomeMy WebLinkAbout760696.tiff MINUTES
WELD COUNTY COUNCIL
December 15, 1976
The Weld County Council met in regular session in full conformity
with the Weld County Home Rule Charter at 401 N. 15th Avenue,
Greeley, Colorado, on Wednesday, December 15, 1976 at the hour
of two o'clock.
ROLL CALL: The meeting began with an invocation by John T. Martin. On roll
call the following were present:
President, John T. Martin
Vice President, Nancy Clark
Councilman Floyd Oliver
Councilman Bob E. White
Councilman Robert Martin
Also present: Secretary Bonnie Hickman and six members of the press.
MINUTES: The minutes of the November 18 special session were unanimously
approved by motion of Bob White and second by Floyd Oliver. The
December 1 minutes were unanimously approved by motion of Floyd
Oliver and second by Bob White.
REPORTS
APPROVAL OF 1976 ELECTION PROBLEMS & CONCERNS REPORT: Mr. John Martin read copies
of correspondence between Mrs. Lewis, an Erie election judge, and Mrs.
Feuerstein, regarding the November 2nd election.
The 1976 election report was again reviewed and revised by motion and
approved by unanimous vote. An addition to the concluding statements
stated that after the six month waiting period of time is over for the
ballots to remain in their locked cases, the Council will run a test
precinct(s) through the computer.
A motion was made and seconded and approved to send copies to the
League of Women Voters, the County Commissioners, the Clerk and Recorder,
the Director of Data Processing, the Diamond International representative,
the two party chairmen, the press and any others concerned.
CONFLICT OF INTEREST INVESTIGATION: Nancy Clark read a letter from District
Attorney Robert Miller which dealt with three concerns: 1) the possible confli.
of interest involving Commissioner Jacobucci, that being improvements
rendered on his farm in exchange for dirt, 2) centralization of road
and bridge districts, and 3) the accounting system for the road and
bridge department in relationship to the use of men and equipment.
(see attached letter) A prepared statement by the Council was then
read stating that a more complete investigation is warranted in these
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December 15, 1976
three areas. (see attached statement) Bob White made a motion,
seconded by Robert Martin, to accept that statement and pursue it
as a matter of immediate priority. Motion carried. Floyd Oliver
made a motion to pursue this investigation and employ professional
help necessary to make a thorough investigation of the items listed
in the statement. Nancy Clark seconded the motion and it carried
unanimously. Discussion followed. Mr. Oliver volunteered to contact
Lyle Kyle of the Legislative Council Office and J. D. Earhart of the
Division of Local Government to seek their advice as to possible
candidates to handle this investigation. Bob White suggested hiring
someone who is not involved in Weld County ' in any aspect.
Nancy Clark made a motion, seconded by Floyd Oliver, to send Mr.
Miller's letter, the Council's statement and the motions that apply
to Commissioner Jacobucci, the four remaining commissioners, Leonard
Roe, Edward Dunbar, and Robert Miller. Motion carried.
Copies of an article discussing determining a conflict of interest
was made available to each Council member.
ELECTION OF NEW OFFICERS: John Martin reminded the Council that according to
Charter Section 13-4, the Council must elect a new president and
vice president for the new year. This will be done at the next Council
meeting by secret ballot without nominations. Also, the Rules and
Regulations and Procedures will be reviewed for possible changes.
There being no more business, the meeting was adjourned by John Martin, President.
Respectfully submitted,
Bonnie Hickman APPROVED i /AL., ./
Secretary
December 15, 1976
Weld County Council
The County Council met with District Attorney Robert Miller in
Executive Session on October 6, 1976. The use of the Weld County equipment
on the farm of Victor Jacobucci being a conflict of interest was discussed.
Mr. Miller informed the Council on that day that the District Attorney's
office had begun an investigation and planned to continue.
The Council again met with Mr. Miller in his office on December 8,
1976. Mr. Miller presented the Council with a letter. Three topics of
concern were presented in the letter and discussed at the meeting.
1. Conflict of interest
2. Centralization of Road and Bridge Districts
3. Road and Bridge Accounting system
Mr. Miller requested the Council make a determination on conflict of
interest pursuant to Section 16-9 of Weld County Home Rule Charter.
Preliminary reviews performed by the County Council during 1976 indicate
a need to further investigate the implementation of the Weld County Charter
in the area of Central Road and Bridge districts; and Road and Bridge, and
Intergovernmental Agency Accounting.
In view of the information received from the District Attorney and the
study the Council has done in 1976 the County Council feels a more complete
investigation is warranted in all three of these areas.
ROBERT N.MILLER Deputies
, WILLIAM G.ARRIES
District Attorney 2.e
STANLEY C.PEEK
--- . MICHAEL A.VARALLO
WILLIAM PHARO
+� JOHN McGOWN
WILLIAM L.CROSIER
- \ N�+` MICHAEL LAZAR
Ass't.District Attorney MELVIN OKAMOTO
a eft ,,57 Investigators
ROBERT STAGGS
JAMES BARTLETT
OFFICE OF THE DISTRICT ATTORNEY ---
• Nineteenth Judicial District Juvenile Investigator
P.O. Box 1167 • Telephone (303) 356-4000 BETH GAY
Greeley, Colorado 80631
December 8, 1976
TO: WELD COUNTY COUNCIL
FROM: ROBERT N. MILLER
County Council :
Pursuant to Section 16-9 of the Weld County Home Rule Charter, I herewith
convey to you the preliminary investigation regarding Commissioner Victor
Jacobucci 's use of County equipment on his farm for your determination
of conflict of interest.
Frankly, I was surprised that Mr. Jacobucci did not cease (with some
minor exceptions) using County equipment on his farm from September
until December Because of this continued use it has been
impossible at this time to determine the value of the services rendered
to and improvements on his farm vis a vis the normal cost of building the
road by his farm.
I have determined from my investigation that the use of dirt from private
sources is customary. This is usually done in exchange for leveling ground
or excavating a pond. This appears to be an economical way to secure
dirt assuming the private property owner does not secure unwarranted benefits
and also assuming the County solicits dirt from several private citizens
in the area to determine which dirt could be obtained at the most reasonable
expense to the County. This investigation should not be construed to
express the opinion that this office discourages that process. However,
when a Commissioner in his official capacity determines to build a road
by his property and then further determines that improvements will be
made on his property in exchange for the needed dirt, it is quite a
different situation than the one discussed above regarding a private citizen.
The private citizen has no control over the decision of whether or where
a road should be built. Nor does he control whether or where dirt
should be obtained. The avoidance of an appearance of a conflict by a
public official is just as important as an actual conflict. Your Council
should have been asked in advance to make this determination under the
above-cited section of the Charter. It's my opinion that was the purpose
• of Section 16-9 and the tenor of the Home Rule Charter. • It also appears
to me that the purpose of Articles II , III and IV was to create central
County Council —�
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departments for County government. If the Charter had been implemented
fully in this regard, there should have been a central road and bridge.
operation instead of the division into the three Commissioner districts.
That centralized operation, under the Charter, could have well avoided
this present problem.
My investigation further revealed that the present accounting system for
road and bridge is good, but that there is a problem in that the road
and bridge people do not report the use of men and equipment to the
accounting department. This , in effect, eliminates any checks and
balances on road and bridge projects. I believe this system should be
further investigated by you.
Finally, this letter should not be construed as a completion to any
possible criminal charges. Our investigation is continuing. Furthermore,
I will await any further findings and recommendations you might have in
that regard.
• Dam
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