Thursday, March 13, 2008

Planner’s departure:
More to it than meets the eye?

By James Robinson

Staff Writer

A reported felony conviction for fraudulent check writing, two convictions for driving while ability impaired, probation violations and disciplinary issues with the Colorado Supreme Court, including disbarment, indicate there may be more to the recent departure of Rodney Proffitt, the county’s former director of community development, than recent rumors of commissioner whimsy or employee dissatisfaction with his job or work environment have implied.

According to Colorado Supreme Court documents, Proffitt, once an attorney who was admitted to the bar of the Supreme Court of Colorado in 1976, has had a series of legal troubles, the first apparently beginning in July of 1985, when Proffitt was charged with fraud by check — a felony offense. By November 1985, Proffitt faced eight additional counts of fraud by check and ultimately pleaded guilty to the crime of fraud by check — a class four felony.

In Feb. 1987, and as a result of the offense, the State Supreme Court ruled that Proffitt should be suspended from the practice of law for one year and one day, and as a condition for reinstatement, he should successfully complete the conditions of his probation — Proffitt’s ability to practice was never reinstated.

According to Proffitt’s resume filed with the Archuleta County Human Resources Department, he stated that between 1976 and 1982, he was “no longer licensed to practice law in any state,” yet he omitted the Colorado Supreme Court’s disciplinary action in 1987 from the resume document.

And that appears to be the first significant omission in Proffitt’s resume and application materials.

According to Proffitt’s employment application with Archuleta County, the former planner admits to having been convicted of a misdemeanor or felony — he doesn’t specify which — and lists a driving under the influence (DUI) conviction in 1984 as the response to the “felony or misdemeanor” question.

However, according to Colorado State Supreme Court documents, Proffitt was not convicted of a DUI in 1984, but faced DUI charges in 1985 and 1986, both of which led to convictions for driving while ability impaired.

The two incidents precipitated further legal troubles, including failures to appear in court, probation violations and violations of other court-ordered requirements, another incident in 1987 of insufficient check writing and a finding of contempt of court in 1985 for failure to pay child support.

According to the state Supreme Court disbarment documents, “The respondent’s (Proffitt’s) contempt and disdain for the judicial system and the rule of law are demonstrated by the extensive misconduct recited above, and by his conduct in this proceeding itself ... The respondent’s contempt and disdain are utterly inconsistent with the duties of a member of the legal profession, and we therefore accept the hearing panel’s recommendation that the respondent be disbarred.”

According to Archuleta County Commissioner and Board Chair Bob Moomaw, “This caused us to make sure everyone has a background check. In the past, background checks were not done on all employees, and he (Proffitt) is one of the last who slipped through. Now background checks are done on every applicant before they are hired.”

Because Proffitt’s departure is a personnel matter, Archuleta County Administrator Greg Schulte would not say whether Proffitt was terminated or left on his own accord.

“He no longer works for Archuleta County,” Schulte said.

Schulte said new hires are undergoing thorough third-party background investigations including reviews of criminal histories and an employment check.

As a second tier of review, Schulte said the county has instituted a more comprehensive, or multi-panel interview process.

A job search for a replacement for Proffitt has not begun, and the process was discussed Wednesday morning during the weekly county management meeting.

james@pagosasun.com


PAWSD begins mandatory inspection process

By Chuck McGuire

Staff Writer

Residents and business owners connected to the Pagosa Area Water and Sanitation District (PAWSD) wastewater system should expect a mandatory inspection notice to arrive in the mail, soon.

Due to increasing costs associated with collecting, transporting and treating wastewater — particularly as it relates to the illegal pumping of clear water into the system — PAWSD inspectors will soon search for sump pumps that send water from basements or crawl spaces directly into the sewer. District employees successfully performed a small pilot program last week, and will initiate a full agenda by Monday.

According to PAWSD Assistant Manager Gene Tautges, “Over time, the district will require an inspection of all properties receiving wastewater service. This program is necessitated due to the large number of sump pumps installed and suspected to be connected to the public sewer system.”

During a phone interview yesterday morning, Tautges said he thought approximately 50 letters of notice would be mailed later in the day, with the first inspections taking place as early as tomorrow or Monday. As property inspections are completed, more letters will be mailed, until all district property owners have been notified and every property has been inspected.

In a previous e-mail to The SUN, Tautges said, “Although it may seem like a perfectly logical step to connect sump pumps, roof drains, and similar clear water sources to the sewer piping system under homes and businesses, it is illegal, highly problematic, and carries with it possible penalties.”

Tautges further described a hypothetical situation in which 500 homes with sump pumps pumping five gallons of water per minute, 10 hours a day, into the system would send an extra 1.5 million gallons of water to the treatment plant. That amount, Tautges said, would constitute a vast percentage of the hydraulic capacity of the treatment and delivery facilities.

As Tautges explained, sewage only flows by gravity until it reaches a hill. At that point, it must be pumped over the hill — and all subsequent ones — until it arrives at the plant. He said sewage from many areas in the district must pass through three or more pump stations before arriving at the treatment facility. In such a scenario, Tautges suggested the extra wear and tear on equipment, and increased electrical costs, would adversely affect the district operating budget, ultimately resulting in higher service rates for all consumers.

“Wastewater treatment plants are engineered to treat wastewater, not clear water,” Tautges continued. “They also have a fixed capacity. When that capacity is reached, it typically compromises treatment and causes violations of state and federal regulations. Current law requires that once a facility reaches 80 percent of its average design capacity, it is required to initiate engineering and financial planning for expansion of the facility.”

Tautges said that once the system attains 95 percent of its mandated capacity, the district must commence expansion of its treatment facilities. If such requirements are not met, the issuance of building permits within the district must cease until they are. Certainly, district consumers would bear the enormous cost of such improvements.

When asked about the inspection process itself, Tautges strongly emphasized the district’s desire to “work with consumers” in resolving district concerns. He said inspectors will wear a photo identification badge while performing inspections, and will not enter properties without approval by a responsible adult. He suggested inspections would take anywhere from a few minutes to half an hour, and that occupants will receive a copy of the inspection report before inspectors leave the premises.

Tautges was also quick to explain the sensitive nature in which inspections will be conducted. “Knowing that mud season has arrived in Pagosa,” he said, “district staff will be especially sensitive and careful not to track any dirt or mud into your home or business, or to disrupt things in any way. Our goal is to reduce these clear water flows dramatically in our system, with cooperation from all of our great customers without assessing any penalties.”

Tautges acknowledged that many district customers may not realize they have a sump pump, or that one is illegally connected to the wastewater system. He said the district has no interest in, and will not, make money on the inspection and solution process, but must eliminate inappropriate loading on the system. The best way to remove water from basements and crawl spaces, Tautges said, is to utilize a pliable garden-type hose and pump it away from buildings, into the yard or nearby drainage ditch.

Consumers with sump pumps discharging water into the system will be given adequate time to resolve the situation through their own commercial plumbing services. Out-of-town owners are encouraged to arrange for a responsible adult to meet with district inspectors at a convenient time, to confirm the absence or presence of sump pumps.

According to PAWSD rules and regulations, anyone with an illegal connection to the district’s wastewater system may be penalized a minimum of $500, plus any costs incurred by the district as a result of such illegal connection. A 10-day grace period will be given to cure an illegal connection, and if not cured in that time, additional penalties may be assessed at a rate of $10 per day.

Tautges insisted, however, that the district goal is to avoid penalties, while resolving problems. The entire process will take some time, as inspectors work various areas within the district. Nevertheless, all home and business owners will have to submit to an inspection before long.

Once the process is complete and all improper discharges are corrected, officials anticipate significant savings in the collection, transport and treatment of district wastewater ... savings that will likely reflect favorably on future consumer statements.

chuck@pagosasun.com


Westberg says ‘no’
to DA re-lection bid

By James Robinson

Staff Writer

District Attorney Craig Westberg announced Monday he will not seek re-election , although the embattled official said he remains committed to serving the rest of his term, set to end January.

“As there appears to be speculation as to whether or not I will seek another term as District Attorney, it seems prudent to announce that I have made a firm decision in that regard. I will not run again, but have every intention of finishing this term,” Westberg wrote in a prepared statement.

In a telephone interview, Westberg did not elaborate on his reasons for not making a re-election bid, and his prepared statement offered little insight into the matter. Instead, Westberg focused on his service to the communities of the 6th Judicial District.

“It has been a great pleasure to have been of service to the people of a community which I have loved for so long. To be a small town District Attorney is a calling which has few financial rewards, but is the best and highest use to which I can put my license to practice law,” Westberg wrote.

Although the district attorney serves as the district’s chief prosecutor in criminal cases, Westberg will soon find himself on the other side of the witness stand when he appears in court May 19, facing charges related to an Oct. 10, 2007, arrest for careless driving and driving under the influence of a drug. Both charges are misdemeanors that, when combined, could result in jail time and loss of his driver’s license.

The charges stem from eyewitness accounts of a traffic incident in rural La Plata County, northeast of the intersection of U.S. 160 and Colo. 172.

According to Colorado State Patrol spokesman Gilbert Mares, two area residents reported seeing a black automobile swerve, then strike a gas pipeline vent without stopping. Upon calling police, the witnesses provided the vehicle description and license number to an investigator who linked the car to Westberg. An officer then confronted Westberg at his residence and found a black 1997 Honda with minor damage.

When asked to perform a roadside sobriety test, Westberg agreed, but failed to execute to the officer’s satisfaction. At that point, Westberg was arrested and taken to the Durango police station, where he apparently passed a breath test, but failed a drug screening. Authorities ruled out alcohol as a contributing factor, and Westberg was later released to the custody of a responsible adult.

Westberg admitted to taking Ambien, a prescription sleep aid, before the incident occurred, however Westberg’s and witnesses’ reports regarding the quantity of the drug taken conflict.

In the meantime, two Democrats are running for the post soon to be vacated by Westberg.

Former 6th Judicial District District Attorney Sarah Law and Todd Risberg, a former part-time San Juan County (Colo.) judge vie for the post.

Law served as the District Attorney from 1996 to 2004, but was prohibited from running again due to rules on term limits. An article concerning Law’s candidacy will appear in next week’s SUN. A similar article concerning Risberg’s run will appear soon after.

As of Tuesday, no Republican challengers have emerged.

james@pagosasun.com


NEWS

COUNTY

TOWN

County and town to hold planning work session

The Archuleta County Planning Commission will hold a work session at 6 p.m. March 19 in the Board of County Commissioners’ Meeting Room, in the Archuleta County Courthouse.
Public comment is welcome and encouraged.
The agenda includes:

• Call to order.
Work session:

• Joint work session with the Town of Pagosa Springs — discussion of Intergovernmental Agreements between town and county.


INSIDE

Local heroes in Pagosa Country

By Cindy Shank

Special to the SUN

Who are our local heroes in the community?

Like art, heroism is in the eye of the beholder. You know a hero when you see one. At the American Red Cross, we are fortunate to see heroes every day.

There are many volunteers living here in Archuleta County who are willing to leave their homes whenever the call comes to make sure a local family who has lost their home to a fire, has a place to sleep for the night and clothes to wear and food to eat. They are people who trained in their free time so they can volunteer to set up shelters here in our community or half way across the country in the wake of a disaster.

March is Red Cross month across the nation. This is the month to say “thank you” to our local volunteers. There are business owners, Realtors, nurses and retirees that give untold hours of their own time to step up and help their neighbors here in the Pagosa Springs area. They spent 10 hours last month learning how to open and operate a community shelter during a local disaster. In addition, they continue to go out into our community and hold fund-raisers to help citizens that find themselves affected by a house fire, flood or other devastating disaster. They will also be handing out information about the Red Cross and its services during our local Health Fair on April 5 at Pagosa Springs High School.

Red Cross month is also the time to remind local residents of the services that your local American Red Cross has to offer. We can provide training to local groups on disaster preparedness, we respond to local disasters and provide financial assistance at no cost to victims of these disasters, we assist military families with emergency communications to their loved ones serving away from home and we teach people how to save a life.

The Southwest Colorado Chapter of the American Red Cross is not a government agency and relies on the financial support of individuals and companies in our county to provide services to our community. Last year, Red Cross volunteers in southwest Colorado provided more than 5,666 services to our community and responded to more than 45 disasters. Your support ensures your local American Red Cross can continue to provide services to 84,000 people here in our part of the state. If you are interested in donating or becoming a volunteer, contact the Southwest Colorado chapter at (970) 259-5383 or visit us online at www.swcoloradoredcross.org.


Local Democrats convene at assembly

By Anna Lauer

Staff Writer

Although they didn’t agree on everything, Archuleta County Democrats certainly did concur that Democratic voter turnout for the County Democratic Assembly and Convention this year is the most action the Democratic party has seen in this county in a long time, maybe ever. More than 120 people gathered at the Extension Building for the Archuleta County Democratic Assembly last Sunday, March 9.

“This is the first time I’ve seen this many Democrats in one room in Archuleta County in my lifetime,” said former Archuleta County Commissioner, Mamie Lynch. “Go Democrats!”

U.S. Senate

All available Archuleta County Democratic delegate votes for the office of U.S. Senate will go to candidate Mark Udall. Udall currently represents Colorado’s second congressional district in the U.S. House of Representatives. He is challenged by the relatively unknown candidate, Mark Benner, who did not receive any Archuleta County delegate votes.

County Commissioner, District 1

The 70 county delegates present on Sunday heard statements from and participated in preference polls to decide on democratic ballot nominees for the positions of county commissioner for districts 1 and 2. A majority of 49 delegates (71 percent) voted for Ron Chacey over Nan Rowe for district one. Rowe did not receive sufficient votes at the assembly to place her on the primary ballot, but she did obtain enough votes to allow her to collect petition signatures to get on the primary ballot.

County Commissioner, District 2

Ray Finney received 42 delegate votes to place his name on the ballot as the Democratic candidate for county commissioner in District 2. Twenty-six delegates remained uncommitted in the preference poll for the district two commissioner. Clifford Lucero addressed the assembly about his desire to be on the ballot for the same post, but announced that he will petition for enough signatures to place his name on the ballot, rather than seeking delegate preference votes at the assembly.

District Attorney

Delegates also heard statements from two candidates for District Attorney for the 6th Judicial District. Sarah Law previously served this district as District Attorney for eight and a half years. She took a mandatory period off from the position to abide by term limits, and is now eligible to run again for the office. Todd Risberg also appealed to the assembly for delegate votes for the office of District Attorney. In the past 10 years, Risberg has served the courts as a judge, a prosecutor, a special tribal prosecutor, a defense attorney and a civil litigator. At the assembly Sarah Law received 21 delegate votes and Risberg received 37. Consequently, five delegates will put in votes for Law and eight delegates will vote for Risberg at the March 22 59th House District and 6th Judicial District Assembly in Durango.

President

It was determined that, at the Colorado State Democratic Convention on May 16-17 in Colorado Springs, 10 Archuleta County delegates will turn in votes for Barak Obama, while three delegates from the county will be seated for Hillary Clinton.

Resolutions Committee

The Resolutions Committee proposed the following resolutions to the delegates at the county assembly. Those that passed will be submitted to the Colorado State Resolutions Committee who will compile some of the proposals from counties around the state to submit as part of our state’s Democratic platform to the National Convention.

• Elections.

Resolve that national & state elections should be publicly funded to end the undemocratic purchasing of representation (Precinct 3).

Resolve that a comprehensive review of the election process should be conducted, recommendations formulated and improvements made. The whole process is error-prone from inefficiencies and inaccuracies in counting votes, the electronic versus paper controversy, and the lack of a simple and consistent process nationwide. Concerned that errors drive decisions to the Supreme Court, etc. rather than having the results be a true reflection of the voter’s wishes (Precinct 7).

• Health care.

Resolve to support universal healthcare coverage (Precinct 2).

Resolve to further the agenda on universal healthcare with respect to prescription drug coverage for seniors (Precinct 7). Debated the Clinton and Obama versions of universal healthcare and there was a particular concern to make sure that affordable coverage was provided for prescription drugs for seniors.

• Village at Wolf Creek.

Resolve that the Democratic Party opposes the Village at Wolf Creek development (Precinct 1) .

• Iraq War.

Resolve that we withdraw all our troops from Iraq (Precinct 1 and 2).

• Energy.

We oppose the licensing of any new coal-powered power plants (Precinct 2).

Each of the above resolutions was passed by the assembly of delegates. Three new resolutions were added to the Resolutions Committee report, and voted on by delegates. Two of the new resolutions passed and one failed. The passing resolutions read:

• Whereas the current national primary election system puts undue emphasis on two early voting states, Iowa and New Hampshire, be it resolved to change to a revolving primary system.

• Whereas the presidential caucus system only represents approximately 13 percent of votes in Colorado, be it resolved to change to an open primary election system in Colorado.

Finally, a third, more locally-oriented resolution was proposed by the committee, but failed to pass:

• Whereas County Commissioners Zaday and Schiro have been shown to be incompetent in handling their fiscal responsibilities to the citizens of Archuleta County, be it resolved to ask for their resignations from office.

This resolution did not receive a majority of delegate votes and will therefore be dropped from the Resolutions Committee docket.


9Health Fair promotes health through awareness

By Pauline Benetti

Special to The SUN

Nine Health Services, Inc., a nonprofit endorsed by the Colorado Medical Society, has been supporting free and low-cost health screening and education for 29 years in communities across Colorado, and in Pagosa Springs for 28 years.

Our community shares the mission of this organization — to promote health awareness and encourage individuals to assume responsibility for their own health.

Plan to visit the 9Health Fair on April 5 at the Pagosa Springs High School between 7 a.m. and noon. You will find almost two dozen different medical screenings and interactive education centers available at no cost to you.

To highlight a couple of these:

• San Juan Basin Health. At this education center you can find information, people and forms that could lead to a free mammogram or pap smear if you qualify.

• Organ Donor Awareness. Perhaps you think that organ donation is a good idea but have questions. Visit this education center and get answers.

• Body in Balance Screening. This station includes screening your posture, flexibility, strength, and balance, and provides you with a general interpretation of the screening.

Available at a very low cost are the Blood Chemistry Analysis ($30), the Prostate Cancer Screening for men ($25), and the Blood Count Test ($15).

Diagnosis is not allowed at any of the screenings and interactive education centers; however, participants have the chance to talk to a health care professional who will review the results of screenings and address any concerns that might arise in strict confidence and for no cost whatsoever.

If you are unable to attend the fair in Pagosa, you can find other site locations and times by contacting 9Health Fair at 1 (800) 332-3078 or at their Web site, www.9HealthFair.org. Channel 9, in Denver, is another good source for updates on the 9Health Fair. The three fairs closest to us are located in Bayfield, at the Bayfield Elementary School (511 Mustang Lane) on April 19; Durango, at the Escalante Middle School (141 Baker Lane) on April 12; and Ignacio, at the Sky Ute Lodge and Casino on March 29.

For more information about the local fair, call Site Coordinator Sharee Grazda at 731-0666.

Red Cross training classes offered

The American Red Cross is offering these health and safety training classes at its Southwest Chapter office, 1911 Main Ave., Suite 282: