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WELD COUNTY COUNCIL
May 2, 1978 AY1719T8 f�r�
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The Weld County Council met in regular session in full •
conformity with the Weld County Hone Rule Charter at
915 10th Street, Greeley, Colorado May 2, 1978 at the
hour of 9 A.M.
ROLL CALL: The following members were present:
Bob White, President
Floyd Oliver, Vice President
Robert Martin, Councilmember
John Martin, Councilmember
Nancy Clark, Councilmember
Also present: Mr. Bob Ray; Commissioners Victor Jacobucci,
Ed Dunbar, Leonard Roe, Norman Carlson and June Steinmark;
Mr. Gordon Lacy, Chairman of the Charter Study Committee;
Bev Brown, Observer for the League of Women Voters; Mr. Jenkins;
Tom Dority; Mr. Moser; Mr. Telep; 5 members of the press; 2
citizens; and the secretary, Beverly Thomas.
MINUTES: Nancy Clark made a motion that the April 18, 1978 minutes
be accepted as presented. Floyd Oliver seconded the motion and
it was unanimously approved.
EXECUTIVE SESSION: Floyd Oliver made a motion, seconded by Robert
1 Martin, that the Council recess to Executive Session. The
motion was unanimously carried.
CORRESPONDENCE: Following the Executive Session, Bob White mentioned
the memo that had been received regarding the Weld County Blood
Bank as well as the 4-H newsletter.
ROCK CRUSHER REPORT: Bob White stated that the Council had some
additional information regarding the rock crusher. After giving
copies of the report to the County Commissioners and the Council
members, Mr. White read the report aloud. Robert Martin made a
motion, seconded by John Martin, that the report be accepted.
4 The motion carried unanimously.
PROCEDURES COMMITTEE REPORT: Nancy Clark made a motion that the
Council adopt the Rules of Order as per the changes made and
add to the Rules, Regulations, and Procedures item number 14
prepared by Bob Ray. Floyd Oliver seconded the motion and it
carried unanimously.
ACCESS TO PERSONNEL RECORDS: Bob White stated that there were times
that it would be necessary for the Council's Auditor to refer
to personnel records. Mr. Dority stated that he had been advised
that according to state and federal laws, the Council would only
have indirect access to the records. Mr. Dority said that ''
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indirect access would be by permission of the employee whose
records were involved.
PERFORMANCE AUDIT OF COUNTY ATTORNEY: The Council met with County
Attorney, Thomas David, and reviewed information regarding Home
Rule Charter provision Article V, Section 5-1-(2) and informa-
tion related to the same which had been furnished by Mr. Jenkins
and the County Commissioners. Mr. David presented testimony
regarding his employment with the County as related to the
Charter provision stated. Pursuant to state statute Mr. David
demanded to inspect the file that had been prepared on him. A
time was arranged for Mr. Jenkins to telephone Mr. David in that
regard. A discussion was held about what should be done with the
County Attorney report. Floyd Oliver made a motion that the
Council ask Mr. Ray to prepare a final report for the Council.
Nancy Clark seconded the motion and it carried with all voting
yea, except Robert Martin who abstained from the vote.
APPROVAL OF PURCHASE ORDERS: Nancy Clark made a motion, seconded by
John Martin, that Purchase Orders numbered 0907, 0908, 14280,
14281, and 14278 be approved. The motion carried unanimously.
POSSIBLE CONFLICT OF INTEREST: Questions were raised by Commissioner
Norman Carlson regarding a possible conflict of interest on the
part of Robert Martin. Bob White suggested that Mr. Carlson
submit his concerns to the Council in writing. There was. dis-
cussion as to whether Mr. Martin should refrain from participating
in Council activities until the possible conflict of interest was
resolved. Mr. Martin then presented, in writing a request for the
Council and the Council's legal counsel to look into the possible
conflict of interest. Floyd Oliver made a motion that the Council
comply with Mr. Martin's request. Nancy Clark seconded the motion.
The motion was passed with four yeas and Mr. Martin abstaining.
Nancy Clark made a motion that the Council ask Mr. Ray to look into
the matter of Mr. Martin's possible conflict of interest and report
at the Council's next meeting. Floyd Oliver seconded the motion
and it carried with four yeas and Mr. Martin abstaining.
CHARTER STUDY COMMITTEE: A discussion was held regarding the need for
clearer understanding of the Council's role in the Home Rule form
of government. Nancy Clark made a motion that the Council extend
to the Charter Study Committee an invitation to meet with the County
Council in a roundtable discussion on the evening of May 10, 1978
to discuss the role of the County Council in the Home Rule Charter.
The President would be allowed to change the date if necessary.
John Martin seconded the motion and it passed unanimously.
Nancy Clark made a motion that the meeting be adjourned. John Martin
seconded the motion and it carried.
Respectfully submitted,
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Beverly Thomas APPROVEI DL[Ja
Council Secretary Council President
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U! FIE f_ OF BOARD OF COON] V COMMISSIONERS
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PHONE; 1303) 3564000 EXT. 200
P.O. BOX 758
C. GREELEV COLORADO 80631
COLORADO „EN alarm comp"...
May 1, 1978 ' "
MAY 21978
r'REELEy. COLO.
Mr. Bob White, President
Weld County Council
Centennial Center
Greeley, CO 80631
Dear Mr. White and Council Members:
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RE: Article V, Section 5-1-(2) of the Weld County Charter
The undersigned five members of the Board of Weld County
Commissioners who participated in the hiring of Thomas 0. David
as County Attorney met this date for the purpose of relating
in written form our remembrance of the procedures followed
and the agreement made by and on behalf of the Board of County
Commissioners in the matter of the employment of a County
Attorney for Weld County subsequent to the adoption of the Weld
County Home Rule Charter.
During the interviews of applicants for the position of County
Attorney, general conversations were held as to the need of
applicants to have an opportunity to close out private law
practice, The conversations arose because of the Board's desire
to have the position filled as soon as possible. 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. It is our
understanding that you have a copy of the Board Resolution adopted
June 2, 1976, appointing Mr. David County Attorney.
We have been unable to find any written record of the telephone •
conversations held between Barton Buss and Thomas David. However,
we are enclosing the written remembrances of Mrs. Bette Rhoden
as to the procedures and discussions of the matter.
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County Council
May 1, 1978
Page Two
We hope that this information is of assistance to you in
this matter.
Sincerely,
une K. Steinmark Victo . Jacobucci
Weld County Commissioner Weld ounty Commissioner
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Norman Carlson Glenn K. Billings
Weld County Commissioner Former Weld County Commissioner
Roy M ser
Former Weld County Commissioner
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I , the undersigned, do hereby state I:hat 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 out as rapidly as possible
and would keep the Commissioners advised.
At the time of the above discussions, the Commissioners did ask Mr. David
to give them the number of cases this entailed. I do not remember the
number Mr. David relayed to the Commissioners, however the Commissioners
did approve Mr. David's request.
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We, the undersigned, do hereby state that we were the duly
elected and acting Board of County Commissioners of Weld County,
Colorado during calendar year 1976 , and that at a regular meeting
held the 26th day of May, 1976, we did, vote to hire Thomas O.
David as County Attorney for Weld County, Colorado. Prior' to
this time, we conducted an interview with Thomas O. David at the
Weld County Health Building on May 17, 1976 . At. the interview
we discussed in detail with Mr. David possible starting dates for
his employment as Weld County Attorney in the event that he were
selected for the position. Mr. David explained at that time that
he had a large backlog of pending litigation and other legal matters
built up over a period of seventeen (17) years of law practice.
Mr. David further stated that certain matters would require his
attention beyond any reasonable date for starting his employment
as full time County Attorney for Weld County.
On May 26, 1976, after voting to hire Mr. David as Weld County
Attorney, we directed Mr. Barton Buss , Director of Finance, to con-
tact Mr. David immediately by telephone concerning his appointment.
Mr. Buss then contacted Mr. David and reported back to the Board
of County Commissioners that Mr. David would accept and would be
available July 1, 1976 to commence his duties as Weld County Attorney.
On June il, 1976 the various members of the Board of County
Commissioners met with Mr. David in the Weld County Centennial Cen-
ter and again discussed his work-starting date. Mr. David explained
that there were certain matters that obviously would run beyond
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 compen-
satory time or use vacation time. Mr. David further assured the
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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 ratters to interfere in any
way with his duties as Weld County Attorney.
To the best of our knowledge, Mr. David has not undertaken any new
legal business since assuming the office of Weld County Attorney on
July 1, 1976 and further, has not breached his agreement made with
the Board of County Commissioners concerning his employment as
Weld County Attorney. .
Dated this /S"" day of May, 1978 .
lK. Steark
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Norman Carlson
Victor L C7 acobticci
Glenn K. Billings
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ir /Moserz
We, the undersigned, are currently serving as County Commissioners
in and for Weld County, Colorado, having commenced our terms in Jan-
uary, 1977. We have read the above and foregoing statement and said
statement correctly reflects our understanding of the employment agree-
ment of Thomas 0. David, Weld County Attorney, and we further state
that we agreed and acquiesced with said terms of employment of Thomas
0. David upon our taking office as Weld County Commissioners.
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Ed Dunbar
Leonard L. Roe
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