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MINUTES
WELD COUNTY COUNCIL GREELEY. COLO.
March 7, 1978
The Weld County Council met in regular session in full conformity
with the Weld County Home Rule Charter at 915 10th Street, Greeley,
Colorado, March 7, 1978 at the hour of 9 A.M.
ROLL CALL: The following members were present:
Bob White, President
Floyd Oliver, Councilmember
John Martin, Councilmember
Robert Martin, Councilmember
Also present: Mr. Jenkins; Commissioners Dunbar, Carlson, and
Jacobucci; two visitors, five members of the press; and the
secretary, Juanita Allen.
MINUTES: John Martin made a motion that the February 21, 1978 minutes
be approved. Bob Martin seconded the motion and it passed
unanimously.
EXECUTIVE SESSION: Bob Martin made a motion that Council adjourn to
Executive Session for thirty minutes. John Martin seconded the
motion; the motion passed unanimously.
CORRESPONDENCE: John Martin read the current correspondence which included
a letter from the Greeley-Weld League of Women Voters pertaining
to the Council's use of executive sessions and a progress report
from County Assessor, Herb Hansen, on assessment of minerals for
taxation by the county. Memos were received from the Personnel and
Purchasing Departments. The President mentioned a resolution from
the Commissioners regarding changes in the Personnel Section of
the Administrative Code. Copies of the changes have been made for
Council members.
REQUEST FOR COUNTY ATTORNEY OPINION: Bob White stated that because of
Commissioner Carlson's statement in the February 21st Council
meeting that the Charter hampers the Commissioners in hiring
professionals he had asked the secretary, Beverly Thomas, to
query the County Attorney's office verbally as to whether a
legal memo pertaining to this subject had ever been written.
Also, if it had not, could the County Attorney's office prepare
such an opinion for the Council? Mr. White reported that the
County Attorney had informed the secretary that such a memo has
not been done and a more specific request would have to come from
Council in order to give an opinion.
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County Council Minutes
March 7, 1978
Page 2
MAY 20th AUCTION REPORT: Mr. White asked Mr. Anthony Jenkins,
Performance Auditor, to read a statement which he had prepared
in rebuttal to statements of County Commissioners regarding
the Auction Report. A brief discussion of the report followed.
Mr. White directed Mr. Jenkins to add the statement to the
Auction Report file.
AWARENESS COMMITTEES: John Martin moved that further discussion of the
Council Awareness Committees be tabled until Nancy Clark is
present. Floyd Oliver seconded the motion and it passed unani-
mously.
MISCELLANEOUS: Because Mrs. Clark was absent there was no report on the
Rolanda Feed Co. situation.
Mr. White said that the County Council is scheduled to appear
at the regular Commissioners meeting on March 15. Commissioner
Carlson stated that this is a routine communications procedure.
The successful open house for the Centennial Center and Law
Enforcement Complex was discussed. John Martin made a motion,
seconded by Robert Martin, that complimentary letters be sent to
Sandy Moorhouse of the Commissioners office and Jim Keeton of the
Sheriff's Department commending them for their respective roles
in planning and executing the well run open house. The motion
passed unanimously.
Mr. White announced that the Charter Revision Committee will meet
March 15 at 7 F.M. in the Centennial Center. He encouraged as many
members as possible to attend this session. The County Council
will be the topic of discussion at this meeting.
RESOLUTIONS : John Martin read the resolutions prepared by Attorney Bob
Ray which set the salaries for elected county officials. Council
members signed the copies of the adopted resolution setting
salaries of the Weld County Commissioners. The resolution setting
the salaries of elected officials other than the commissioners was
then discussed. Mr. White questioned whether the resolution as
written might create uncertainty about the salary of the County
Coroner who is paid on a different basis and does not fall within
the salary-setting authority of the Council.
John Martin made a motion that the Resolution setting salaries of
elected officials be rewritten to except the Coroner. The motion
was seconded by Robert Martin and passed unanimously. The President
directed the secretary to contact Mr. Ray in this regard.
DISCUSSION OF JACOBUCCI CASE: Following a thirty minute recess, District
Attorney Robert Miller met with the Council at the request of
Mr. White to field questions that members might have regarding
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County Council Minutes
March 7, 1978
Page 3
the final outcome of the Commissioner Jacobucci court case and
its potential relationship to the rulings of the Council on
conflicts of interest.
Mr. Oliver asked for a clarification of the ruling on the sus-
pension of the Commissioner. Mr. Miller explained that the judge's
ruling established the right of the Council to suspend but held
that in order to do so there must be a proper hearing. After
brief discussion of what constitutes a proper hearing, Mr. Miller
suggested that Council might want to establish hearing procedures
for future use utilizing existing patterns found in the statutes.
The possibility of appeal and opinions on whether the Commissioner
was obligated to report his potential conflict of interest to the
Council was also discussed as was the erroneous media reporting of
the consequences of conviction in this case.
District Attorney Miller, in response to a question from Mr. White,
said that the Grand Jury will not issue a report on the case
because of the conditions placed on such a report by recent legis-
lation.
Mr. White stated that a recent article in Town & Country News by
by State Senator James Kadlecek contained serious accusations about
the District Attorney's office and budget. Mr. Miller said that
he felt it was difficult last fall to be involved in county budget
hearings before an official who was, at the same time, being
properly prosecuted by his office. Mr. White asked Mr. Miller to
suggest an alternative procedure which would alleviate such a
situation. The District Attorney said that he thought it would
have been better in this particular case if Mr. Jacobucci had
removed himself from the budget hearings.
Assistant District Attorney Mike Varallo arrived and presented
Council members with copies of a letter he had prepared in response
to the Town & Country article by Senator Kadlecek. President
White disallowed the reading of the letter stating that the Council
meeting was not the proper forum for such debate.
Mr. Varallo stated that he felt the issue should be of concern to
the Council because of the possibility of retaliation by the
Commissioners against employees of the District Attorney's office
who prosecuted the case. He cited examples which he felt were
evidence for this concern. Mr. Varallo, Mr. Miller, Mr. Dunbar
and Mr. Jacobucci all commented on their view of the budget setting
process for the District Attorney's office in the fall of 1977.
Mr. White stated that, in his opinion, all such problems would have
been eliminated had Mr. Jacobucci been suspended at the time.
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County Council Minutes
March 7, 1978
Page 4
EXECUTIVE SESSION: John Martin moved that the Council go into Executive
session. Floyd Oliver seconded the motion and it passed unani-
mously.
Floyd Oliver moved that the meeting be adjourned. Robert Martin
seconded the motion and the motion passed unanimously.
Respectfully submitted,
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Council Allen /��
Council Secretary APPROVED-
Council President
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