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Home My WebLink About22-65 Engagment Letter Hearing Officer Fair Campaign Practices Act Complaint 05-11-2022RESOLUTION NO.22-65 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN ENGAGEMENT LETTER FOR GEOFF WILSON TO SERVE AS A HEARING OFFICER REGARDING A FAIR CAMPAIGN PRACTICES ACT COMPLAINT WHEREAS, on May 29, 2019, Governor Polis signed SB 19-232, which amended C.R.S. 1-45-117 (9) (b) of the Fair Campaign Practices Act, and provides that any complaint arising out of a municipal campaign finance matter be filed exclusively with the clerk of the applicable municipality; and WHEREAS, prior to the enactment of SB 19-232, all complaints concerning campaign finance violations were handled by the Colorado Secretary of State; and WHEREAS, to handle such complaints, ul July 2021, the Town of Firestone ("Town") adopted Section 2.14.020 of the Firestone Municipal Code ("Code"), which established a procedure for the enforcement of local violations of Campaign and Political Finance Article XXVIII of the Colorado Constitution and the Fair Campaign Practices Act (C.R.S. § 145401 et seq.) ("FCPA"); and WHEREAS, izi accordance with the FCPA and Section 2.14.020 of the Code, complaints are to be filed with the Town Clerk who is to determine if a violation has occurred; and WHEREAS, if the Town Clerk determines that a violation has occurred, the respondent is given fourteen days to cure the violation, and if such is not cured the Town Clerk is to set the matter for a hearing before the Town Clerk; and WHEREAS, on March 14, 2022, the Town Clerk received a complaint that Drew Peterson, Agent for the Firestone Action Conmrittee for Transparency (FACT), failed to file FACT as an Issue Committee with the Town Clerk as required by the FCPA; and WHEREAS, as FACT had not filed with the Town Clerk on March 18, 2022, the Town Clerk notified Mr. Peterson on behalf of FACT of its obligation to file locally as an Issue Committee and that FACT had fourteen days to cure the matter; and WHEREAS, Mr. Peterson responded to the Town Clerk that after consultation with his attorney FACT did not need to file locally as it was a small scale issue conunittee; and WHEREAS, the Town Clerk having questions regarding Mr. Peterson's response inquired to Mr. Peterson if his counsel was representing hum for this matter, for if so any response would have to go to Mr. Peterson's counsel, and WHEREAS, the representation issue was of concern because at the same time the FACT complaint was filed there was a complaint filed with the Town Clerk that the Conunittee to Recall Firestone Trustees (Recall C,oimiiittee) for which Mr. Peterson is President had also failed to file as an Issue Committee with the Town Clerk; and WHEREAS the Recall Committee complaint was resolved when an attorney for the Committee submitted an Issue Conunittee filing with the Town Clerk; and WHEREAS, Mr. Peterson failed to respond to the Town Clerk's inquiry and, on April 5, 2022, was elected the Town's Mayor; and WHEREAS, ui accordance with C.R.S. § 31-4-304, the Town Clerk is appointed by and may be removed by the Board of Trustees; and WHEREAS, the Town Clerk must therefore remove herself fiom this issue arul the matter be decided by an independent thud party; and WHEREAS, Mr. Geoff Wilson, given his experience as set forth in his Engagement Letter, is amply qualified to serve as hearing officer for the pending matter. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Engagement Letter from Mr. Geoff Wilson to serve as Hearing Officer for Mayor Peterson's pending FACT Fair Campaign Practices Act complaint is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor Pro rem is authorized to execute the Engagement Letter on behalf of the Town. I1�TTRODLTCED, READ, AND ADOPTED this IIN�day of m�� , 2022. ATTEST: TOWN OF FIRESTONE, COLORADO A. Jimeneavor Pro Tem William Attorney WIL�OIN WILLIAMS LI,P ATTORNEY ENGAGEMENT AGREEMENT THIS ATTORNEY ENGAGEMENT AGREEMENT is a contract for legal services effective upon execution between WILSON WILLIAMS LLP ("Law Firm") and TOWN OF FIRESTONE, COLORADO (the "Client"). FOR AND IN CONSIDERATION of the mutual promises and undertakings herein set forth the parties agree as follows: 'I. Legal Services. Law Firm agrees to provide the following legal services: • Serving as an administrative hearing officer for the Town of Firestone; • Draft decisions, as needed; and • Other duties as assigned. Law Firm will exercise its best efforts on behalf of the Client and furnish the said services faithfully, with due diligence, and in accordance with the Colorado Rules of Professional Conduct. Law Firm is acting as an independent contractor therefore the Client will not be responsible for FICA taxes, health or life insurance, vacation, or other employment benefits. 2. Staffing. Partner Geoff Wilson will be the designated Attorney for this primary engagement, with the assistance from partner Nina P. Williams, as well as associate attorneys, as needed. 3. Fees and Expenses. The Client will compensate Law Firm for professional legal services at the hourly rate of $350.00 for Geoff Wilson, and $195.00 for associate attorneys. Paralegal and legal administrative services from within the firm will be billed at $95.00 per hour. Expenses such as photo copying will be charged at the rates set forth on the attached Schedule of Costs. Current rates may be changed upon the express approval of both parties, in advance. Law Firm will issue a detailed, itemized invoice each month, and the Client will pay each invoice within 30 days after receipt. 4. Termination, This Agreement may be terminated by either party upon notice in writing to the other. If Law Firm terminates this Agreement it will do so in such a manner as not to jeopardize the interests of the Client's matters then pending and will give the Client reasonable opportunity to secure other legal counsel. 5. File Retention and Destruction. Law Firm will retain files received from and developed in handling the Client's matter for seven (7) years following the conclusion of the matter. Law Firm will then give the Client the opportunity to receive the files, and if declined, Law Firm will dispose of them in a�proper manner. IN WITNESS WHEREOF the parties have set their hands and seals effective as of the day and year first above written. EXECUTED on this JjffA day of May, 2022, with an effective date of May 10, 2022. WILSON WILLIAMS LLP By: Geoffrey Wilson, Partner Date: 5/9/2022 TOWN OF FIRESTONE, COLORADO N Goo Na �OU1�1TY, -2- Schedule of Costs 1. Long Distance Telephone Charges: There is no charge for long distance calls. 2. Copying and Scanning: Document scanning and copying charges are $.10 per page for black and white copies, and $.50 per page for color copies made within the Law Firm. Copying, collating, binding, and scanning performed outside the Law Firm shall be charged at actual cost. The decision to use outside scanning, copying, collating and binding services shall be made on a case -by -case basis as the circumstances require. 3. Deliveries: Items delivered by commercial messenger service are billed at the actual rate charged by the service. 4. Legal Research: The charge to the Client includes the usage amount billed directly to the Firm from its on-line legal research provider in relation to the Client's case. 5. Mileage: Mileage is charged at a rate consistent with the guidelines published by the IRS. 6. Other Costs: Other third party costs will be billed to clients at the same rate the Firm is billed for the third party services. -3- WILSON WILLIAMS LLP PRIVACY POLICY NOTICE Attorneys, like other professionals, who advise on certain personal matters, are required by federal law to inform their clients of their policies regarding privacy of client information. Attorneys have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by law. Therefore, please understand that your privacy is important to us and we will always protect your right to privacy. Maintaining your trust and confidence is a high priority to this law firm. The purpose of this notice is to comply with the law by explaining our privacy policy with respect to your personal information. NONPUBLIC PERSONAL INFORMATION WE COLLECT: In the course of providing our clients with legal services, we collect personal information about our clients that is not available to the public and which is provided to us by our clients or obtained by us with their authorization or consent. PRIVACY POLICY: As a client of Wilson Williams LLP, rest assured that all nonpublic personal information that we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as is permitted or required by law and applicable ethics rules. CONFIDENTIALITY AND SECURITY: We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. We restrict access to nonpublic, personal information about you to those people in the firm who need to know that information to provide services to you (and their support personnel). In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards as well as federal regulations. Please call the attorney you work with if you have any questions. Your privacy, our professional ethics, qy and the ability to provide you with ualitservice are very important to us. -4-