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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. 2 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 3