At a work session held by the Archuleta County Board of County Commissioners (BoCC) on Oct. 15, more discussion took place in regard to the memorandum of understanding (MOU) being proposed by Archuleta Seniors Inc. (ASI) that would have the county take on the organization as a county department.
County Attorney Todd Weaver led the discussion, prefacing that the discussion was based on what the state statute requires and allows in terms of funding senior services.
“The BoCC has the authority to fund senior services, but it’s not required,” he said.
Weaver explained that the law “leaves a lot of flexibility to the board on how they want to do that,” clarifying that the BoCC has the ability to fund senior services but is not legally required to.
He explained that the BoCC could fund senior services as its own county department or through an outside organization.
“So, there’s a lot of flexibility allowed under the law,” he added.
“It’s not a have to, it’s a want to,” Commissioner Ronnie Maez commented.
Weaver reiterated that funding senior services is not mandated by the state, but that the BoCC is granted the authority to do so.
Weaver went on to explain that after reviewing the proposed MOU, he noticed a couple of things that stood out.
He noted that ASI borrowed the proposed MOU from a similar MOU used by Summit County, which proposes a hybrid type of arrangement between Archuleta County and ASI.
“Which I believe is perfectly legal,” he said, explaining a hybrid-style arrangement is an allowable approach to fund senior services.
Weaver noted the arrangement “allows for flexibility but also has concerns,” comparing it to the current structure of the Archuleta County Combined Dispatch intergovernmental agreement (IGA).
“It kind of reminds me a little bit of dispatch,” he said, “To me, the way dispatch is organized, to me, is a hot mess.”
Weaver noted that other entities feel similar in regard to the current dispatch situation.
“It kind of leads to indecision,” Weaver said, adding that not a lot of decision-making happens.
Weaver commented on the proposed county roles and responsibilities, noting that ASI staff would become county employees, which is not much of a concern.
However, he explained, the problem he noticed lies in the ability to hire and fire employees, explaining the MOU states that the process is done through mutual agreement between ASI and the county.
“That’s wonderful if everyone agrees. What happens if ASI, their board and the board of county commissioners do not agree?” Weaver said.
He noted there is a similar issue in the hiring and firing of the executive director position.
“Boards don’t always see eye to eye,” he said.
“Been there, done that,” Maez said.
Weaver also explained that he was not sure if giving an outside board the ability to hire and fire county employees “is an improper delegation of board’s authority,” noting that he would need to do more research on that topic.
“That raises all kinds of employment law issues,” Weaver added.
He mentioned that if the county is paying the salary and benefits then, “to me, they’re either county employees or they’re not.”
Weaver expressed that the “in between ground” raises more problems than solutions.
He again compared the arrangement to that of dispatch, noting that dispatch has had issues with its executive director not having clear direction as to who to report to.
“This arrangement kind of reminds of dispatch with the executive director there,” he said, noting the chair of the combined dispatch board changes every year.
In an interview, County Manager Jack Harper confirmed that Devin Moffat submitted his resignation as emergency communications director on Oct. 2.
Harper indicated that Elizabeth Blizzard has been appointed as interim emergency communications director.
“It’s caused a lot of problems in my life,” Weaver said, adding that “[Moffat] never got the direction he needed.”
Weaver suggested that if the BoCC decides to move forward with the MOU being proposed by ASI, then “that’s something that needs to be flushed a lot more.”
Commissioner Warren Brown asked if the county would become liable for employee claims by having ASI employees become county employees.
Weaver confirmed that would become the county’s liability.
Maez commented that he believes most of the details can be worked through, but his main concern is the economic impact it would have on the county.
Other concerns about if the county’s Human Resources and Finance departments have the bandwidth to take on an additional 10 employees from ASI.
“Not that this wouldn’t work, it just needs to be flushed out a little more,” Weaver said.
He mentioned that a major benefit of the MOU would be that ASI could become eligible for more grant opportunities.
Home heating funds
Also during the Oct. 15 work session Department of Human Services (DHS) Director Heidi Martinez informed the BoCC of the state’s Low-income Energy Assistance Program (LEAP), which is a federally funded program that helps eligible families pay a portion of their winter home heating costs.
Martinez explained that the state will provide $20,000 to the county for families to receive through the program.
She noted that the funds can be used to cover “whatever main heating source” families choose, noting that can include natural gas, propane, wood or electric.
Martinez indicated the program begins Nov. 1, and those who were in the program last year may have already received an application for this year; however, those who were not in the program last year cannot get an application until Nov. 1.
She also indicated that DHS is proposing to increase the number of applications received and decrease the amount of applications denied.
Proof of income, “or the lack thereof,” a Colorado driver’s license and proof of heating bill are required to be approved for the program, she explained.
Martinez explained that it is a onetime benefit, and it doesn’t matter whether applicants apply on Nov. 1 or the final day, April 30, 2025 — they will receive the same benefit.
Later that day at a regular meeting held by the BoCC, the program was unanimously approved as part of the meeting’s consent agenda.
Applications will be available at the DHS office located at 550a Hot Springs Blvd.
