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MEMORANDUM
DATE: August 31, 1977
TO: Fort Collins Housing Authority
FROM: Alicia L. Schiager, Administrative Receptionist
RE: Minutes of the August 23, 1977 Special Meeting
I. Call to Order
Meeting was Called to Order at 7:15 p,m. in the Community Building,
1715 West Mountain Avenue.
II. Roll Call
Members Present Staff Present
Mary Klopfenstein John D, McGraw, Executive Director
Ken Franzen Wayne P. Taylor, Assistant for
Ray Hale Housing Management
Elena Medina-, Social Worker
Members Absent Alicia L. Schiager, Administrative.
Pete Sanc ez Receptionist --.,
Charlie Muenzberg
III, The Special Meeting of August 23, 1977 was called to order to discuss
possible amendment, waiver or maintenance of the Tenant Grievance
Procedure and other policies and procedures related to eviction. The
following were points of discussion:
John McGraw went through most of the Grievance Procedure to determine
its specifications regarding time limits to file a grievance, rent
payment and other important points,
John McGraw informed the board members of the history of rent arrears
and rent payments of the families being evicted for the Board's infor-
mation relative to the appropriateness of a policy or procedure waiver
to accomodate the specific tenant situation at hand,
Questions were raised by Mary Klopfenstein regarding when the Notice of
Delinquency and the Notice to Quit were sent, how many days tenants are
given from that time to file a grievance and what other alternatives the
tenants have.
Wayne Taylor answered that the Notice of Delinquency was dated July 15th,
1977 and the attorney's Notice to Quit was dated July 28th, 1977. The
family is then given ten (10) days from the date of the Authority's action
or failure to act for which the tenant wishes to file a grievance.
Ray Hale indicated that even if the family missed the deadline to file a
grievance, the tenants can still present their testimony in a court
situation which has already been scheduled.
/, Fort Collins Housing Authority
Special Meeting, August 23, 1977
Page Two
- Ken Franzen indicated that he feels the Authority should follow the
specifications of the Grievance Procedure as it is written since it
was adopted by the Housing Authority Board.
- Ray Hale pointed out that the Notice to Quit does not specify the
ten (10) day time period for filing the grievance. Everyone agreed
that all future notices should indicate the time period regardless
of the decision made on this case, However, John McGraw indicated
that the Grievance Procedure is contained in the tenant handbook,
which all tenants have received along with pre -occupancy counseling
which covered the Grievance Procedure. The tenants were advised
prior to the Notice of Delinquency by him of their right to file a
Grievance or an appeal to the Board. Hale indicated that he believes
the tenants get a "day in court" whether they go through the Grievance
Procedure or not.
- Mary Klopfenstein indicated that she is willing to go along with John's
decision to evict. Ray Hale and Ken Franzen both agreed.
- Mary Klopfenstein raised the question of whether or not the families
had obtained legal counsel: Elena Medina answered that Bernice
Sanchez had requested that she deliver the address and phone number of
Colorado Rural Legal Services and suggest -that -the families contact'
them as soon as possible before August 24, 1977 at 3:30 p.m.
- A motion was made by Ray Hale to reject the appeals made by Michael
and Sharon Dale and Gary and Darlene Dale for the reason that they
did not file a grievance within the ten (10) days allotted -(as
specified --in the Grievance Procedure,:Paragraph -2B) and because- they.
did not pay the Housing -Authority in full, :the amounts they owe.
Mary Klopfenstein seconded the motion and it -passed unanimously. -
- Ray Hale indicated that the Dales should be encouraged to attent the
court hearing. He suggested that the Housing Authority write a
letter and hand deliver it, informing the Dale families of the meeting
and the Board's decision to reject the families' appeals. The letter
should also advise the families to obtain legal advice and appear in
court. Mary Klopfenstein and Ken Franzen agreed. John will write the
letters and Wayne Taylor will deliver them.
- John McGraw indicated his interpretation of an earlier Board request
that anything sent out by the Housing Authority in the future regarding
eviction, should have the ten (10) day limit to file a grievance
specified in it. Ray Hale suggested that we give tenants ten (10) days
to file a grievance before a lawyer is hired by the Housing Authority.
This will give the tenants as many opportunities as possible, The
Authority members present suggested that the 10 day limit on grievance
filing should be noted only on those items which in the judgement of
the Executive Director may result in the filing of a grievance.
IV. Meeting adjorned at 9:00 p.m.