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Discussion of county attorney contract delayed

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Archuleta County Attorney Todd Weaver was absent from the last regular meeting of the Board of County Commissioners (BoCC) meeting held on Dec. 17, delaying discussion regarding his contract. 

Weaver was also absent from a work session held earlier that day.

During the work session, Commissioner Veronica Medina stated, “Weaver will not be joining us today at all, but hopefully we will have him back in the new year.”

Medina explained that she had questions in regard to if the BoCC could hold an executive session during the regular meeting later in the day while Weaver is not present to discuss his contract with the county.

“Even though myself and [Human Resources] sat down with him on Friday to discuss his contract, to discuss his annual evaluation and his performance,” Medina said.

She mentioned the BoCC may have to hold a special meeting, possibly on Dec. 30, to hold an executive session to discuss the matter.

Medina indicated she contacted outside counsel to “see what we could do.”

She went on to explain that if the BoCC did not go into an executive session to discuss the matter and make a decision, then Weaver’s “contract will automatically renew for only one year,” noting that the contract would stay the same, which includes a vehicle expense.

“What I was trying to negotiate with him was a one-year contract,” Medina said, explaining that would involve a review after six months, “and then at that point we would determine whether or not we would continue forward with him as a county employee.”

Medina also indicated that Weaver wanted to discuss his evaluation further with the other members of the BoCC.

Medina mentioned that she took out the vehicle expense, “since we do have many county vehicles available,” noting that Weaver’s previous contract states if there is ever a county vehicle available, then“the county could take that exception out.”

Commissioner Ronnie Maez asked if Weaver was aware of the Dec. 17 BoCC meeting agenda, to which Medina indicated that Weaver was aware of the matter.

“And some of the changes that I made in the contract with outside counsel was at will, and he was fine with it,” Medina added.

She explained that Weaver indicated he was “fine” with the BoCC discussing the matter, reiterating that Human Resources was present during that conversation.

Medina further explained she met with Weaver to give a “heads up of where we were going” and that she didn’t want to “blindside” him with information.

She added that she was unsure if the BoCC could hold an executive session on the matter with Weaver being absent.

Commissioner Warren Brown asked if Weaver was present, if he’d be included in the executive session, to which Maez explained, “absolutely,” adding that by law Weaver has the choice of the matter being discussed openly or in an executive session.

Medina added that since Weaver was not present the BoCC does not know what his choice is, again stating she was unsure if the BoCC could have an executive session on the matter, “even though he was aware and knew and said he was OK to me and the [Human Resources] director.”

Brown suggested that, “out of an abundance of caution,” the BoCC table the matter.

Maez commented that “it’s on the agenda” and that the county had until 1:30 p.m. to hear back from outside counsel on the matter.

During the Dec. 17 meeting, the agenda was amended by Brown to add item E, the consideration and authorization of the chair of the BoCC to seek contract and determine services relating to discussing personnel matters involving the county attorney’s contract, while also removing item A under the new business (continued) portion, which the consideration and approval of the county attorney agreement.

The amended agenda was approved unanimously by the BoCC, along with the added item E under new business.

Before approving the amended agenda, Medina commented that “in light of some recent events,” and according to counsel received, the BoCC does have the ability to add the new item and remove the original item A under new business (continued).

In a later interview, Medina stated, “It’s a personnel issue. He’s out on leave and he’ll be back the first week of January. That’s it.”

In an attempt to contact Weaver, The SUN received an automatic email reply on Monday, Dec. 23, stating Weaver is out of the office “until at least January 6th.”

Additionally, the response notes that if immediate assistance is required, please contact Executive Assistant/Paralegal Tonya McCann.

clayton@pagosasun.com