Notice of Hearing given to Tori McMechan to appear before the Nunn Board of Trustees to answer charges on February 4, 2010
Posted February 8, 2010
Notice of Hearing
Pursuant to Nunn Municipal Code (NMC) 2.08.050 notice is hereby given to Tori McMechan, serving as Town Clerk / Town Treasurer / Court Clerk for the Town of Nunn, to which office she was appointed on April 3, 2008 by the then seated Board of Trustees, to appear at a hearing before the Nunn Board of Trustees to answer the following charges. The hearing will take place on February 4, 2010 at 6:00 p.m. in the Board Room of Town Hall, 185 Lincoln Ave, Nunn, CO 80648.
Violation of NMC 2.24.010 – Town Treasurer Duties.
1. Violating her fiduciary duty as town treasurer by failing to submit the town’s audit to the state as required by statute for the last two years. (Exhibits A and B)
2. Stating at the February 5, 2009 Board Meeting the 2007 audit had not been filed but the town had gotten an extension when in fact the extension deadline had expired four months prior to the February 5, 2009 meeting. (See Exhibit A and Electronic Digital Recording of Meeting Available)
3. Stating at the October 1, 2009 Board Meeting she had talked to the State Auditor’s office advising them the 2008 audit would not be filed until November 15th and that the person she spoke to said it was fine that the state would work with the town when, in fact, the state did not make that statement. (Exhibit C and Electronic Digital Recording Available)
4. Stating at the October 1, 2009 Board Meeting that of the $1,635.30 deducted from employee Mike Clement’s pay, $656.46 had been paid to FPPA and the remaining amount of $969.84 was in an FPPA account when, in reviewing Nunn’s Chart of Accounts, an FPPA account was not listed. (Exhibits D and E and Electronic Digital Recording Available)
Violation of NMC 2.12.010 – Town Clerk Duties.
1. Failing to post approved bills within twenty days as required by state statute. (Exhibits F and G)
2. Violation of the FOIA (Freedom of Information Act) by failing to produce requested documents within the time allowed by statutes. (Exhibits H, I, J, K, L, M, and N)
3. Posting legal notices with incorrect dates and failing to honor those dates. (Exhibit O)
4. Posting legal notices with incorrect information. ie: January, 2010 posting for trustee position was posted for two vacant positions not one. (Exhibit P)
5. Failing to promptly deliver a letter from the Town Auditor to the Board. (Exhibit Q and electronic digital recording available)
Violation of NMC 2.44.060 – Prohibited Conduct – Town Officer.
1. Violating the fiduciary duty to act in the best interest of the town by signing recall petitions and refusing to recuse herself as hearing officer for those protest hearings giving rise to the appearance of impropriety.
2. Town Clerk changed Trustee Karen Burd’s recall response for the Recall Election without permission.
NMC 2.08.040 – Removal from Office – Grounds. Any town officer appointed by the Board who is incompetent or who is guilty of any willful violation of any of his / her official duties, may be removed from office, during his / her term of office by a vote of a majority of all members elected to the Board.
NMC 2.08.050 – Removal from Office – Notice. All charges preferred against any appointive officer shall be made in writing and shall clearly specify the cause or causes for removal. A copy of such charges, together with a notice of the time and place of hearing, shall be served upon the accused at least five (5) days prior to the date set for the hearing.
NMC 2.08.060 – Removal from Office – Hearing. At the time and place set for the hearing the Board shall meet and proceed according to its rules to hear evidence against the accused, as well as the evidence offered in his / her behalf, adjourning from time to time as may be necessary until all of the evidence has been heard. At the hearing, the accused may be heard by himself / herself or through counsel.
NMC 2.08.070 – Removal from Office – Decision. Within three (3) days of the conclusion of all the evidence, the Board shall vote by ayes and nays upon each charge. If four (4) members of the Board find the accused guilty of any of the charges, they shall resolve that the accused be removed from office, and his / her office is declared vacant.