‘sereeerest for information and notice Please be advised that based on te allegations presente tome by iter signed by Mike Freeman and Ecompanying document alleged tobe he statement of “SNIIMN ar roquestng the folowing and making notice: 41..An explanation of how | am classified as an “employee" and subject to the provisions of any code relating to actions by “employees”; 2. Any documents referred to or supporting the claims made in the above stated letter and alleged ‘complaint completed by any persons referred to in said documents, including, but not limited to electronic ‘correspondence, personnel records, or any other forms of documentation concerning my behavior towards employees of Weld County. This request includes the incidents noted by S35 in allegations. This request includes any directions or instructions by any other Weld County Commissioner directing employees to disregard, ignore, or otherwise not pay proper attention to requests made by me in my official capacity made by email, in person or other forms of communication such as those provided in response toa CORA request; 3, Please advise the scheduling protocol for BOCC members and who controls that protocol; 4.A statement as to the gender ofall employees in the Weld County Administration offices; '5. An acknowledgement that there are no allegations of a sexual nature in any ofthese allegations: 6. Describe what, if any, portions of the conversation alleged to have occurred on November 23, 2016 at 8:55 ‘a.m, that lasted for no longer than one minute according to phone records With SEE was not involving her work description regarding scheduling of events; 7. Provide with respect to any other allegations by any other employees claiming “harassment” that did not involve their assigned work duties; 8. Please be advised that there was no use of foul language in the conversation with S85 but if there was, please advise how that equates to harassment under applicable statutes and whether other ‘commissioners use foul language in the presence of and to employees; 9. Please be advised that | will designate witnesses to the event including one person who listened to both, ‘ends of the one minute conversation. | expect that these people be interviewed; 10. Please be advised that given thet there is not any allegations seen in the documents provided that any discussion was outside the scope of my duties as a commissioner or outside the scope of the employee's duties, !am requesting coverage by insurance and defense from any possible legal actions brought by the ‘above named employees. Failure to provide such coverage wil result in a separate suit by me and notice is, provided to Weld County pursuant to C.R.S. 24-10-101 et.seq, Intergovernmental Immunities Act. 11. Please be advised that | am placing Weld County on notice that such allegations appear to be in retaliation {for my actions as a Weld County Commissioner in opposing offical behavior that may be classified as ‘misconduct. Therefore, | am providing notice that | am making such claim pursuant to C.R.S. 24-10- 101, el.seq, Inlergovernmental Immunities Act. | may have other requests and notices and reserve my right to amend and add as may be necessary. Sean P. Conway from my iPhoneFrom: "Bruce Barker" To: "Sean Conway" Subject: Notice and request letter signed by Mike Freeman and Request for information and notice Please be advised that based on the allegations presented to me, an, Tam requesting the following and accompanying document alleged to be the statement of ‘making notice: 4. An explanation of how | am classified as an “employee” and subject to the provisions of any code relating to actions by “employees”; A Weld County Commissioner is held to the same Standards of Conduct the Board of County Commissioners requires of Weld County employees. Those Standards of Conduct are detailed in Article ill, Chapter 3, of the Weld County Code. They include, but are not limited to, the ‘expectations of proper conduct set forth in Section 3-3-10, and the prohibitions against harassment contained in Section 3-3-50. Please note Section 3-3-10 A.6., which says the following Sec. 3-3-10. - Expectations of proper conduct.a Every County employee shoold be aware hat he o ake i public employee ands he employee's dan io serve eiizens in a courteous and efficient manner, An employee must maria’ at er gduct and performance which is consistent withthe best interests oF he Oty disciplinary action, up to and including termination ‘Examples of conduct that may result in fom employment include, but are not ited to. the following: 6 Any acts or threats of violence. threatening behavior othe use of obscene, abusive or threatening rr ge or genurs toward the public ofllow employees, Emphasis aided) Additionally, Section 3-3-20 A., states the following Sec. 3-3-20. - Reporting misconduct. risconduct should report the incident immediately sessed official. Employees may report misconduct of a department Resources. (Emphasis added.) ‘the Department of Human officials is taken just as seriously as i it were misconduct of elected misconduct needs to be reported and investigated, A. Anemployee observing to the department head ot head or elected official to Section 3-3-20 A. tells me committed by employees. Such Your Oath of Office, dated January 2, 201 jou swore to support the soerwances of Weld County, Colorado.” Those ordinances include the Standards of Conduct el forth in Article Il, Chapter 3, of the Weld County Cod you as a Weld County Commissioner support the “Ordinances ot Weld County, ‘Golorado," if you do not comply with Forame Standards of Conduct which the Board of County Commissioners thas established by ordinance for County employees? 2, Any documents referred to oF supporting the claims made in the above 2, mpl completed By any persone refered to in said documents, Nese, er ede. or any other forms of documentation concerning ty ‘Tequest includes the incidents noted by “sections of instructions by any other Weld County Commissioner eet ernige not pay proper attention to requests made by me in ry Oltner forms of communication such as those provided in response iaied letter and alleged ‘put not limited to electronic behavior towards, ‘employees of Weld County. Tt allegations. This request includes any Girecting employees to disregard, ignore, official capacity made by email, in person oF toa CORA request; ‘Attached are copies of emails | received from the four other Commissioners regarding the November 23, 2016, incident. Patti Russell reports she does not have the written statement to which a efers ir GE email statement of November 23” by Mountain States Employers’ Counse 1ce of request #2, above you need to be more specific about what you The ongoing investigation 11 may reveal other documents which satisty the first senten ‘As to the request you make in the last sentence, desire. 3. Please advise the scheduling protocol for BOCC members and wh¢ lowed by the Board's Office Manager in ager and anyone who fills that role when 10 controls that protocol; ‘Attached is a copy of the procedures and protocols fol scheduling work sessions. They are for the Office Mani the Office Manager is away from the office.4. A statement as to the gender of all employees in the Weld County Administration offices; ‘Attached is a copy of a table produced by Patti Russell which indicates the names and genders of the persons working in the Weld County Administration Building '5. An acknowledgement thet there are no allegations of a sexual nature in any ofthese allegations: ‘The investigation conducted by Mountain States Employers’ Counsel will reveal whether or not allegations and/or evidence of harassment of a sexual nature are present. 6. Describe what, if any, portions of the conversation alleged to have occurred on Noveriber 29, 2016 at 8:55 ‘2m. that lasted for no longer than one minute according to phone records wih EEE was not involving her work description regarding scheduling of events; EERE 2! description of the November 23, 2016, incident speaks for itset 7. Provide with respect to any other allegations by any other employees claiming “harassment” that did not involve their assigned work duties; The investigation conducted by Mountain States Employers’ Counsel will reveal whether or not there are allegations of harassment by other employees. 8. Please be advised that there was no use of foul language in the conversation with EE but f there was, please advise how that equates to harassment under applicable statutes and whether other ‘commissioners use foul language in the presence of and to employees; As detailed above, Section 3-3-10 A.6., of the Weld County Code prohibits the use of obscene, ‘abusive or threatening language toward fellow employees. Section 3-3-50 A. says the following: "Harassment may involve action, behavior, exclusion, ‘comment or physical contact which is found objectionable, or which creates an offensive environment or results in the recipient feeling threatened, humiliated, intimidated, degraded, patronized, demoralized or less confident in his or her ability. itis the responsibility of every employee to avoid offensive or inappropriate behavior at work and to assure that the workplace is free from harassment at all times.” 9. Please be advised that | will designate witnesses to the event including one person who listened to both ends of the one minute conversation. | expect that these people be inierviened; . No response requested. 10. Please be advised that given that there is not any allegations seen in the documents provided that any discussion was outside the scope of my duties as a commissioner or outside the scope of the employee's duties, | am requesting coverage by insurance and defense from any possible legal actions brought by the above named employees. Failure to provide such coverage will result in a separate suit by me and notice is provided to Weld County pursuant fo C.R.S. 24-10-101 et.seq. Intergovernmental Immunities Act, No response requested.11. Please be advised that | am placing Weld County on notice that such allegations appear to be in retaliation {for my actions as a Weld County Commissioner in opposing official behavior that may be classified as misconduct. Therefore, | am providing notice that | am making such claim pursuant to C.R.S. 24-10- 101, et seq. Intergovernmental immunities Act. No response requested