HomeMy WebLinkAbout1993-014-01/19/1993-CONCESSIONAIRE AGREEMENT EMPLOYEE MISCONDUCT GOLF PROFESSIONAL SOUTHRIDGE GOLF COURSE SPECIAL LEGAL RESOLUTION 93-14
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EMPLOY THE SERVICES
OF SPECIAL LEGAL COUNSEL TO INVESTIGATE ALLEGED
MISCONDUCT ON THE PART OF CITY EMPLOYEES
WHEREAS, City staff has recently completed the selection process of a new
golf professional for the SouthRidge Golf Course and has executed a Golf Services
and Concessionaire Agreement for the facility ("the Agreement") , dated January
15, 1993; and
WHEREAS, certain citizens have alleged that members of City staff have
engaged in various improprieties in the handling of the foregoing selection
process; and
WHEREAS, under the provisions of Article II, Section 5, of the City
Charter, the City Council is authorized to inquire into and investigate the
official acts of any officer or employee of the City; and
WHEREAS, under Article III, Section 2, of the City Charter, the City
Manager is responsible for the proper administration of all affairs of the City,
including the supervision of all City employees; and
WHEREAS, the City Council and the City Manager wish to employ the services
of special legal counsel to investigate the foregoing allegations and submit
findings and a recommendation to the City Council and the City Manager for their
review and consideration; and
WHEREAS, Article VI, Section 3, of the City Charter authorizes the City
Council , upon the request of the City Attorney in special cases, to employ
special counsel if deemed necessary and advisable under the circumstances; and
WHEREAS, the City Attorney believes that he would have a conflict of
interest in conducting the investigation that has been requested, since he
actively participated in rendering advice to City employees during the above-
mentioned selection process; and
WHEREAS, the Council has previously adopted Resolution 92-190, which
established a process for the selection of special legal counsel in cases where
the City Attorney has declared a conflict of interest; and
WHEREAS, the process established by the Council for the appointment of
special legal counsel requires the City Attorney to first consider whether the
matter is appropriate for handling by another municipal attorney and, if a
determination is made that the matter cannot appropriately be handled by another
municipal attorney, the City Council is to be presented with no less than three
(3) recommended attorneys so that the City Council may make the selection; and
WHEREAS, the City Attorney has advised the City Council that, because of
the time which will likely be required to investigate this matter, it is not
appropriate to request the services of another municipal attorney, and the City
Attorney has submitted to the Council the following names for possible
appointment as special legal counsel to the City:
Susan K. Griffiths, Esq.
Griffiths & Tanoue, P.C.
Blake Street Terrace
1860 Blake Street, Suite 550
Denver, CO 80202
Stanley C. Peak, Esq.
Attorney At Law
822 Seventh Street, Suite 330
Greeley, CO 80631
Patricia Tisdale, Esq.
Holme Roberts & Owen
1700 Lincoln, Suite 4100
Denver, CO 80203
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the City Manager is hereby authorized and directed to
select one of the attorneys named above to serve as special legal counsel to the
City to investigate the above-referenced allegations against certain employees
of the City with regard to the selection of the new golf professional at the
SouthRidge Golf Course. Said selection is to be made on the basis of
availability and total estimated cost to the City.
Section 2. That said special legal counsel is hereby directed to
formulate, in consultation with the City Manager, a procedure for: (a)
interviewing the complainants in this matter so as to clarify their allegations;
(b) fully investigating any allegations of official misconduct on the part of
City officials or employees; and (c) submitting a report with findings and
recommendations to the City Council and the City Manager no later than February
16, 1993, for their review and consideration.
Section 3. That the foregoing investigation shall include, without
limitation:
(a) the interview of: (1) all named City employees, as well as
other members of City staff who were involved in the selection
process; and (2) any other witnesses who, in the judgment of
the special legal counsel , may have probative evidence to
offer regarding this matter; and
(b) the review of all relevant documentation including, without
limitation, a transcript of the proceedings of the hearing
held before the City's Financial Officer regarding this matter
on December 16, 1992, together with all exhibits received into
evidence at said hearing.
Section 4. That the City Clerk is hereby authorized to issue any subpoenas
requested by special legal counsel to ensure the attendance of witnesses and the
production of documents for the purposes of this investigation.
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Section 5. That the interviews conducted and reports compiled during the
course of this investigation shall be kept confidential only to the extent, if
at all , that such confidentiality is, in the judgment of special legal counsel ,
required by law.
Section 6. That this investigation will not, in itself, result in the
cancellation or early termination of the above-referenced Golf Services and
Concessionaire Agreement, since the administrative process for appealing the
award of that contract has been finalized.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 19th day of January, A.D. 1993.
. . rr
Mayor
ATTEST:
Iy l
City Clerk
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