Thursday, March 20, 2008

County wants memo investigated

By James Robinson

Archuleta County’s former finance director and treasurer may soon become the principal subjects of a district attorney’s investigation, after research into a finance department memo indicates possible violations of state statute.

The memo, dated Aug. 18, 2006, from former Finance Director Bob Burchett, directs former Treasurer Traves Garrett to cash various certificates of deposit totalling $467,776 and to transfer $300,000 from the Road and Bridge LGIP (Colotrust) fund into the county’s general fund. According to the memo, Burchett directed Garrett to also transfer the proceeds from the cashed CDs into the general fund.

In a letter to District Attorney Craig Westberg, Archuleta County Administrator Greg Schulte writes, “Based upon our internal research, the CD liquidation and fund transfers did occur. However, upon review of the records of the County Clerk, we were not able to find appropriate authority from the Archuleta County Board of County Commissioners ... Consequently, we believe the actions undertaken pursuant to the Aug. 18, 2006 memorandum referenced above may be in violation of Colorado Revised Statute 29-1-109 (1)c ... We are requesting that the Office of the District Attorney investigate the actions as expediently as possible.”

In a telephone interview last week regarding the possibility of criminal activity and it’s link to Archuleta County’s financial demise, Westberg said his office is “discreetly but carefully looking into the matter because it is of great and grave importance to the people of Archuleta County.”

Westberg described the case as “exceedingly complex.

“We’re used to meat and potatoes kinds of cases. We’re not used to financial crime,” Westberg said.

Nevertheless, Westberg said investigators in his office are up to the task.

“I would be exceedingly reluctant to give a case of this magnitude to another jurisdiction,” Westberg said.

Westberg was unavailable for comment on Schulte’s letter requesting the investigation.

By James Robinson

While many might agree that the worst of Archuleta County’s financial troubles are over, a recent assessment on the issue from Archuleta County Commissioner Bob Moomaw that went unexamined on a local Web site, might give the impression that things are better than they really are.

According to Moomaw’s statement, the commissioner is tired of the negative press surrounding the county’s financial troubles and would like to highlight a number of facts:

One: The county made it to the end of the 2007 without going bankrupt. True, yet, although the situation remained tenuous, cash flow projections in fall of 2007 indicated the county would make it through the year and there was never a report that the county had gone bankrupt.

Two: County staff and elected officials made deep staffing, program and budget cuts, instituted new hiring practices, hired key personnel and have begun developing internal policies and procedures in the finance and treasurer’s offices that should help the county avoid financial calamity in the future. Also true, and reported in The SUN in numerous stories including, most recently, a story on Feb. 21, 2008.

Three. The county finished 2007 with “$1.1 million in the bank.”

According to Moomaw, the $1.1 million figure was provided by Finance Director Don Warn after Moomaw said he inquired about county finances as of Jan. 1, 2008. And Warn explained the figure represented cash in the bank as of Dec. 31, 2007. However, although the figure may be an accurate depiction of county bank balances on the aforementioned date, Warn said the amount did not account for outstanding warrants, or other monies owed.

Thus, the following factors may provide a more comprehensive picture of the county’s financial status.

• In 2007, (according to a county press release dated June 20, 2007) the county suspended a number of road capital improvement projects, including a $430,000 project on Pinon Causeway, a $460,000 project on Trails Boulevard, a $375,000 project on Park Avenue, $130,000 for Port Avenue and $260,000 for Holiday Avenue, among others. Meanwhile, the $1.7 million collected from sales tax in 2007 for road capital improvement projects, such as those listed above, was used instead to cash flow the county during the year. According to Chris Tanner, interim public works director, the projects will be pursued during 2008.

• According to Citizens Advisory Task Force members, in November 2007 the county borrowed $390,000 from invested reserves in order to get through the remainder of 2007. Presumably, those dollars must be paid back.

• Due to a property tax freeze for the late 2006 audit and the county not receiving it’s annual disbursement of Highway User’s Tax Funds, the county borrowed from itself again — this time $200,000 against its TABOR reserves ($100,000 in January 2008, and $100,000 in February 2008), which it must now pay back. Warn said he is bringing a payback resolution to the Board of County Commissioners April 1.

• To date, and according to Warn, the county still owes $240,758 to La Plata County for district attorney’s services in 2007, and Warn said the county has made arrangements to pay the past due amount.

• Also due, according to Warn, is $162,000 owed to Clifton Gunderson LLP for audit work, although it remains unclear how that payment will shake out in light of the county’s claims the firm overcharged and failed to produce work as promised and per contract.

• Lastly, a number of county funds, such as fleet, nutrition, the airport and human services, still show deficit fund balances, and audit work remains to determine how much must be paid back.

Warn acknowledged that the county has made great strides in solving its financial problems, although he also acknowledged much work remains.

“Did we go bankrupt at the end of the year? No. That, in and of itself, was a major accomplishment,” Warn said.

Sarah Law to run for DA

By James Robinson

After two terms in office and four years out due to term limit rules, former district attorney and Democrat Sarah Law is back in the fray and seeks the 6th Judicial District’s district attorney’s post in the November 2008 election.

Current District Attorney Craig Westberg announced March 10 he will not seek re-election, thus, Law and her Democratic challenger, Todd Risberg, vie for Westberg’s seat.

To date, no Republican contenders have emerged.

Law got her start in the local district attorney’s office in 1991, just a year after graduating from the University of Colorado School of Law.

After entering the office as a staffer, Law said she slowly climbed the ranks, and after about five years, became the assistant district attorney. In 1996, Law was named district attorney by former Gov. Roy Romer after Romer appointed then District Attorney Gregory Lyman to a post as District Judge.

After serving the remaining six months of Lyman’s term as an appointee, Law sought election in November 1996 and defeated her Republican challenger.

Law served between 1996 and 2000 and was re-elected to a second term ending in 2004. Law was prohibited from seeking a third term because term limit rules allow for district attorneys to serve just two consecutive terms. After two terms, they must sit one out before running again.

The hiatus, Law said, gave her an opportunity to raise her children, now ages 6 and 4, and to work in her own wills and trust practice. But now, she said, she is ready to come back.

“I have an investment in this office and the communities this office serves,” Law said.

While serving in the district attorney’s office, Law said she spearheaded and supported a number of programs.

“One of the first things I did was start a juvenile diversion program,” Law said.

Law explained the program offered first time offenders opportunities for treatment and other help rather than juvenile adjudication.

She said she undertook a similar effort with graffiti cases and offered offenders a program where they could clean up their work rather than face court and probation.

“The DA is not just about prosecution, but finding other ways to deal with issues in the community,” Law said.

One such issue is drug abuse, and Law said she worked closely with Bill Ritter and state Sen. Jim Dyer in 2000 to bring drug courts into the 6th Judicial District. The program, Law said, allows offenders an opportunity to go through the courts and obtain treatment faster, and while doing so, they undergo a strict monitoring and compliance program.

“I want to give people the opportunity to succeed, but they have to take the opportunity. They have to make the decisions. It’s not the DA’s job to let them off the hook,” Law said.

During her tenure as district attorney, Law said she was particularly proud of winning federal grant dollars for a program that fast-tracked domestic violence cases.

Law said before the program, there were often 30-day delays between a domestic violence incident and the time the victim and offender appeared in court. The delay, Law said, allowed the offender an opportunity to intimidate the victim, often the prime witness in a case. Law said the program coordinated efforts between law enforcement, judges, probation officers and treatment providers, and offenders stood a stronger chance of prosecution.

If elected, Law said she supports restorative justice programs, but would ensure they were functioning properly and serving those they are supposed to serve.

“These programs are appropriate for people who have made mistakes. If they’re not being utilized I want to find out why, and what needs to change,” Law said.

In addition, Law said she would undertake community education efforts and would work with mental health professionals to ensure law enforcement officers continue to receive mental health training. Law also said she will pay particular attention to Internet crimes against children and methamphetamine issues.

And lastly, Law said she is not afraid to prosecute.

During her eight years as district attorney, Law said she prosecuted seven murder cases.

“I did send people to jail,” Law said. “I did send people to prison.”

Law said her opponent has described a vote for her as a step backwards, but Law retorted: “Electing me in 2009 is not a step backwards; it’s a step forward. I was very progressive while I was in the DA’s office and I will continue to do so. I think I have a reputation for working as an efficient and effective DA and I haven’t changed.”

A profile of candidate Todd Risberg will appear in a future issue of The SUN.

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