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CRIMINAL ACTIONS BY COUNTY ATTORNEY TERESA WILLIAMS AND COMMISSIONERS DAVID WHITE AND GLEN DAVIS?
In my opinion, YES!
I don’t understand why everyone is running around trying to hide the facts except for Commissioner Ron Henderson.
Approximately four weeks ago the head of Montrose County finance, Cindy Bennett and Assistant County manager David Larson produced to all three commissioners documents showing unauthorized use of County funds by the County Attorney, Teresa Williams. It should be noted here that back in August 2015, Montrose County Commissioner, David White was made aware of this and did not let the other two commissioners know.. These documents are on my site for your review.
Since this meeting, commissioners David White and Glenn Davis have done nothing but try and hide the facts and insulate the County attorney. Even to the point of one to two hours before Commissioner Henderson was to meet with the seventh judicial district Atty. Dan Hotsenpiller, Mr. Henderson was pulled into a meeting with the attempt to persuade him not to go and just leave this issue alone. In that meeting were the other two commissioners, the assistant county attorney Carolyn Clawson and various other people. This is just one attempt of many attempts the other two commissioners have made to try and conceal the actions by the County attorney Teresa Williams.
Commissioner Henderson met with the district attorney, Dan Hotsenpiller and produced two of the documents. According to Commissioner Henderson, this meeting took approximately 10 minutes and at no time did Mr. Hotsenpiller take one note. This clearly shows a lack of interest! Why?
On December 17, 2015 the County commissioners met with a sitting County attorney from a different judicial district regarding this issue. While the results of this meeting are not known at this time, one would hope that everyone in that meeting was advised to have an independent investigation on this matter.
Prior to my radio show on December 10, 2015 I sent emails to David White and Glenn Davis regarding this issue and they both responded that they were handling the issue per “County Policy”. I have requested a copy of that policy and to date I have yet to receive it. Clearly there is no policy! Further, their position is the County attorney, Teresa Williams, has paid back the monies to the County therefore, no harm no foul, which is clearly wrong.
The following are the relevant parts of the criminal statutes that I believe, minimally, apply to this situation:
CRS §18-8-407 Any public servant who knowingly converts public moneys or property to his own use or to any use other than the public use authorized by law is guilty of embezzlement of public property, a class 5 felony.
CRS §18-8-115 It is the duty of every person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities. When acting in good faith, such person shall be immune from any civil liability for such reporting or disclosure.
CRS §18-8-105 Accessory to Crime A person is an accessory to crime, if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction or punishment of another for the commission of a crime, he renders assistance to such person.
(2) “Render assistance” means to: (d) By force, intimidation, or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person. Being an accessory to a crime is a class 5 felony.
CRS §18-8-306 Attempt to influence a public servant. Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant’s decision, vote, opinion or action concerning any matter which is to be considered or performed by him or the agency or body of which he is a member, commits a class 4 felony.
As one can clearly see by the above, this matter needs an independent investigation as well as the district attorney, Dan Hotsenpiller recusing himself and bringing in a special prosecutor based on a conflict of interest. Said conflict of interest would minimally be the district attorneys office looks to the county government for their budget. Whether criminal charges are pressed or not could clearly be influenced by this one fact. Beyond that, the public can only be assured that everything is being done properly, with no favors being given to anyone if a special prosecutor is brought in.
As far as Commissioner David White and Glenn Davis, they should clearly be recalled. They want to sweep under the rug potential criminal wrongdoing by the County attorney Teresa Williams. Minimally, she has shown poor judgment in how she handles her private business to business affairs by comingling the two.. These two commissioners have clearly shown poor judgment as well, let alone possible criminal involvement in this issue.
Where is the contract between Teresa Williams, the county attorney and Montrose County? I am sure there is a “Termination” clause and this situation would clearly be covered under that clause.
My last issue is this. Why would commissioners David White and Glenn Davis even consider hiding these facts from the public and insulating the County attorney, Teresa Williams. I can only think of three reasons. Either they are guilty of the same thing, the County attorney, Teresa Williams has something on them or there is an ongoing situation in which they need her involved in because she has already agreed to whatever that issue is and is fearful that another County attorney may not agree. Anyway you go on this the answer does not pass the “smell test”.
To hear my interview with Commissioner Ron Henderson please go to http://www.thebuchananreport.com or http://www.buchananinvestigations.net .
The above are my opinions on this matter.
I have documentation in my hands that shows “Potential” illegal use of the Montrose County Debit/Credit Card, multiple times by the Montrose County Attorney herself, Teresa Williams. The most glaring transaction is one for approximately $1400.00. Further, I know that at least one commissioner knew of this back in August, 2015. This issue will be the topic of discussion on the radio show this Thursday. The facts are well known to me and I am inviting the commissioners on the show to shed some light on this issue.
One of the questions I have is the obvious. Has ANY law enforcement authority been notified? I have many more and look forward to the show.
The call in number is 347-857-1710 or to just listen http://www.blogtalkradio.com/buchananinvestigations
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MONTROSE COUNTY, WHEN ARE YOU FILING SUIT?
A few months ago, Montrose County hired a law firm out of the Denver area to initiate a lawsuit against Montrose Memorial Hospital, Inc regarding properties that they were buying and putting in the counties name. Shortly after the County retaining this law firm, the County was sued by the hospital in an attempt to get a ruling by the court that the hospital board of trustees, which reports to the commissioners, be done away with thus anything and everything having to do with the hospital would no longer be made available to the commissioners, even though Montrose County is still liable for the debts.
The law firm that was retained to handle the above initial issue was asked to handle the issue with the hospital board of trustees. The lawsuit that was filed by the hospital against Montrose County came before the court before an answer was filed by Montrose County and the judge ordered that a mediation take place, with said mediation having no deadline to be completed. Further Montrose County was prohibited against filing their lawsuit with the hopes that all issues regarding the hospital and Montrose County could be resolved in the mediation. Today all that has happened is continuance after continuance regarding this mediation. Obviously the lawsuit needs to be filed to stop the purchase of properties by Montrose Memorial Hospital, Inc. My question is simple. When is Montrose County going to stop letting attorney John Brooks and the Montrose Memorial Hospital, Inc. control this matter? When properties are purchased and put in the counties name, a liability for the County is immediately incurred. All the County has to do is have their attorney file a motion with the court and explain to the judge that the attorney for Montrose Memorial Hospital Inc. is not operating in good faith and is just buying time for what ever the reason may be. Another question I have is how is the demolition and building of the new structure being done without the approval of the County itself? That is what has happened. That is what is being done. How???
As stated above, this matter has been going on for months with no disclosure to the public!
I have heard it said that the public doesn’t have the stomach anymore to continue on with issues having to do with the hospital based on the amount of money that has been spent for past litigation. I would suggest to the public that they brace themselves for another round of legalities regarding the hospital so that the citizens of Montrose County can be properly protected. If the powers that be at Montrose County is wrong, it is where they have not been forthcoming with the information stated above. The public has a right to know these issues. John Brooks and company needs to be stopped!
INDEPENDENT INVESTIGATION ON FORMER DEPUTY SHERIFF VINCENT DRAVECKY
According to my sources, the third week of May, 2015 the Delta County Sheriff’s office sent the Dravecky issue to Montrose City Police Department to do an independent investigation with Detective Watson being the investigator.
The investigation covers multiple allegations from multiple victims.
Based on the evidence that I have personally seen, I would find it hard to believe that no request for criminal prosecution is forthcoming. The real question here as far as I’m concerned is how broad this investigation will be? Since many people have been involved in this situation all the away from the Delta County Sheriff’s office to the district attorneys office. If it was not for one of the victims persistence, Brandy Kasik, this matter would not be under investigation. Since the “powers that be” tried to cover up this matter from the very beginning, the question is who are the players and do they have any criminal wrongdoing in their actions?
I have heard that Detective Watson is a very good and thorough investigator and can only hope that reputation will follow him after this investigation.
Regarding the district attorney Dan Hotsenpiller, will he and anyone else in his office be under investigation as well since they were involved in the Dravecky matter initially? Anything short of Dan Hotsenpiller recusing himself based on the” appearance of impropriety” would be inappropriate on his part as well as putting a big dark cloud over this issue. Will Detective Watson be requesting the same, as it is within his power to do?
This matter has been covered extensively on the Buchanan Report radio show as well as a detailed story showing the emails going back and forth from the district attorney’s office and Mrs. Kasik. To hear the radio interviews please go to http://www.blogtalkradio.com/buchananinvestigations and to read the last article, with the emails please go to the last issue of the E-Newspaper on the Buchanan Investigations website at http://www.buchananinvestigations.net
EMAILS SENT BY IVAN BUCHAN AN TO DISTRICT ATTORNEY DAN HOTSENPILLER, COMMISSIONER GLEN DAVIS & SHERIFF RICK DUNLAP
Below is the email I sent to Mr. Hotsenpiller on 5-6-15:
As I am sure you are aware by now, I had my client Brandy Kasik on my radio show last night and there were some statements made by me that I am sure you would take exception to regarding the Vincent Dravecky matter.
I am making available to you to come on the show next Tuesday, 5-12-15 and comment accordingly. There would be no callers and it would be just you and me talking, civilly.
I need to know your response by the end of the business day Friday.
I received no response from Mr. Hotsenpiller. Even though I did not expect him to come on the radio show, I did expect him to at least have the courtesy to answer me via email or telephone call and decline. After all, he is an elected official. I can only assume that his lack of professionalism stems from the strong dislike that we have for each other from years ago when I was investigating the Montrose Sheriff’s office. Mr. Wyatt Angelo was the District Attorney at the time with Mr. Hotzenpiller being the Assistant District Attorney handling the majority of the affairs having to do with said investigation. They tried many of the same tactics with me that they are now doing to Mrs. Kasik but to no avail in my situation.
Below is the email I sent to Commissioner Glen Davis, 5-21-15 and his response, and my reply:
I have heard that you will not participate in any conversation or vote having to do with any hospital issue as you were not a commissioner when the problems started. Is this true?
I would like a comment instead of a yes or no answer please.
Ivan, as most rumors, this is half true. I was not in office when the differencies with the hospital started. I have refused to answer questions concerning this and referred citizens to one of the other commissioners. I am trying hard to get up to speed on this and form an inteligent opinion. I am very active with current issues concerning the hospital. Thank you for wanting to clear this up.
Thank you for your prompt and straight forward response!
Any comments by me will be as you stated.
Now this is the way it’s supposed to be! I had a question, I asked him that question and also asked him to elaborate on it, and he did. I do appreciate the professionalism in which he handled this exchange regardless of what he may or may not think of me or my organization. I also have the same applause for Commissioner Ron Henderson as well. He has been on the radio show a couple of times, and answered some questions that I am sure was very uncomfortable for him but he is an elected official and is expected to answer questions.
Below is the email I sent Sheriff Rick Dunlap on 5 – 21 – 15:
I have some questions please?
1. Who is in charge of the jail facility?
2. Who runs the jail facility?
3. What is the criteria for Work Release & Alternative Sentencing if an individual has been approved by the court for same?
4. What would one have to do NOT to have this available to them before they actually become a "Resident"?
To date, I still to receive a response either by way of email or telephone. Disturbing once again since he is an elected official. There is absolutely no reason for me not to get answers to my questions.
The reason why I am putting this information out to the public the way I am is so that everyone can see for themselves the actions or lack thereof regarding certain individuals. In the future I intend to do more communication via email for the obvious reasons.
Again I applaud Commissioners Glen Davis and Ron Henderson. As far as district attorney Dan Hotsenpiller and Sheriff Rick Dunlap, I thank you for the insight you have given me as well as the public.
Thank you for your response. There are a couple of issues that need to be addressed.
In your response, you stated that your office received no direct communication from me between 12/4/14 and 4/28/15. This is not true. I hate to repeat myself, but it seems that it has become increasingly necessary. I went to the District Attorney's Office in Delta on 4/15/15 to inquire how to direct file charges. The woman at the front desk told me all issues needed to go through a law enforcement agency first. Also, I spoke with Steve Dunivan on 4/27/15 over the phone about filing charges. Both of these communications occurred prior to my email to you.
The amount of professionalism that I have experienced with the Sheriff's Office, as well as, the District Attorney's Office, is lacking, to say the least. Furthermore, it is concerning that Steve Dunivan is either unaware of the duties of the District Attorney's Office or purposely trying to stifle my efforts in seeking justice as he showed in directing me to the State Attorney General's Office.
It is my understanding, based on your response, that if I want something done I need to make a formal written request. Since it is not enough for the District Attorney's Office to have evidence of potential crimes committed in order to press charges, I would like to take this opportunity to fully convey and request in written communication exactly what my expectations are.
I want criminal charges pressed against Vince Dravecky for the threats of death that he made against my husband and I. Judge Miller found my testimony and the witness' testimony credible (her words).
I want an official criminal investigation done on Vince Dravecky, as well as, anyone who was privy to the evidence that I previously provided of potential criminal acts that Vince Dravecky committed. These people include, at the very least, Lieutenant Palmer, Steve Dunivan, and Mark Taylor. Lieutenant Palmer and Steve Dunivan were emailed the text messages that serve as evidence of possible crimes committed by Vince Dravecky. Mark Taylor's testimony during my restraining order hearing proved that he is also aware of the potential crimes committed by Vince Dravecky. Unfortunately, there is no way for me to know how far up the chain of command this malfeasance goes. Therefore, it is also my request that an outside agency conduct this investigation, because there exists an appearance of impropriety. Further, I request that the CBI not be the agency that is brought in because Mark Taylor's father was a highly respected, retiree of CBI. This is a conflict of interest.
For your review, I have attached email correspondence that is relevant, as well as, documents filed for my restraining order hearing. As I informed Steve Dunivan and Lieutenant Palmer back in December of 2014 during our taped interview, I have a cellular phone that text messages between Vince Dravecky and I could be extracted. I am under the impression that the text messages that Vince Dravecky sent to me were sent from his work phone, so if that is true, the messages should already be available to Sheriff's Office. However, it is completely possible that Vince Dravecky lied and that it was a private cellular phone, in which case, my phone would be useful in the investigation. Considering the strong appearance of impropriety, I am reluctant to hand over my cellular phone to anyone within the Delta County Sheriff's Office in fear that the information would be misused. I would be more than happy to provide my cellular phone directly to an outside agency.
As far as evidence or facts indicating potential criminal conduct on the part of any other person associated with the Delta County Sheriff's Office and the 7th Judicial District Attorney's Office, I don't see any need at this time for me to provide such information. You have the evidence and the facts and access to any further information you might need.
On Friday, May 8th, approximately 4:54 PM, I received an email from Mark Taylor. Since you and Fred McKee also received this email, you already know that he talked about opening a criminal investigation into the allegation that Vince potentially infected me and others with the HIV virus. This communication looks like, yet another, feeble attempt to satiate me. I know, as well as Mark Taylor, and as do you, that there is little hope of anything come out of the HIV issue. But, more importantly, why were the crimes that have been spoken about in our prior communications not addressed? I have to believe that you directed Mark Taylor to compose this message, since it was sent as a direct result of a meeting between you, Fred McKee, and Mark Taylor. Why does he not so much as mention investigating the other crimes? I never addressed or requested any investigation be done regarding the HIV issue in my correspondence with you, due to no Colorado Revised Statute applying to this specific potential criminal actions. Because of these points, Mark Taylor's email serves as further evidence of an appearance of impropriety which only shows that an outside agency is needed to investigate this issue.
In summation, I am looking for charges to be pressed in relation to the text message conversations between Vince Dravecky and myself that potentially incriminate him in tampering with a witness and official misconduct. Judge Miller listed the following crimes that Vince Dravecky potentially committed during my restraining order hearing: official misconduct, tampering with a witness, criminal mischief, reckless endangerment. Additionally, I want criminal charges pressed on Vince Dravecky for the threats of death on me and my husband, in which the evidence was found credible by Judge Miller. Further, I am looking for the State Attorney General's Office or another agency to investigate this matter as both the Delta County Sheriff’s Office and the 7th Judicial District Attorney’s Office, minimally, have an appearance of impropriety and they may very well be a part of this cover-up issue. At this time, based on the wild goose chase that your office put me on, and your prior letter not even addressing or apologizing for the wild goose chase, your office has the appearance of impropriety; and I want a special prosecutor brought in to take care of your duties.
In closing, if there is any confusion in regard to what my expectations are or my acknowledgement of complicity by the District Attorney's Office or the Sheriff's Office, feel free to respond in writing via electronic mail or through the United States Postal Service.
So that there is no confusion, I expect you to bring in a special prosecutor to review this matter and expect confirmation of this by Wednesday, May 20th, 2015. If I do not receive confirmation of this, legal action will commence immediately.
On The Buchanan Report Radio Show for Tuesday, May 5, 2015. DA'S OFFICE RESPONDS TO EMAIL RE DRAVECKY IS LESS THAN GENUINE. VICTIM DISCUSES CONTENT! THURSDAY, MISS RUCKER, THE LADY WHO WAS HELD FOR 90 DAYS AND THEN CHARGES DROPPED THUS LOSING EVERYTHING. Please call in and participate. We would like to hear your personal interactions and discuss them live on the show. Log on via link below or call in at 7 PM to be a guest or just to listen in at: (347) 857-1710 and press 1 to talk to the host.
THE BUCHANAN REPORT RADIO SHOW- Where we uncover the truth on the western slope.
Join us for our show Tuesday, May 5, 2015 at 7:00 PM.
EMAIL TO DISTRICT ATTORNEY REGARDING FILING CHARGES AGAINST FORMER
DELTA DEPUTY SHERIFF VINCENT DRAVECKY
I spoke with Steve Dunivan at approximately 11:46 AM yesterday. The purpose for our conversation was for me to inquire an avenue for how to direct-file charges against Vincent Dravecky and, if necessary, superior officers employed with Delta County Sheriff's Office. I had stopped by the DA's office on April 15th after filing my protection order against Vince Dravecky and was told by the person at the front desk that ALL charges have to be reported to the police first.
I have been told by multiple lawyers that this, in fact, is not the case. Mr. Dunivan also confirmed that, in certain situations, a direct-file with the DA's office can be carried out. Mr. Dunivan said that if I had issues with the Delta County Sheriff that your agency does not deal with that. He directed me to call the State Attorney General's office in Denver, CO and said I could find the number online if I am unsatisfied with the fact that no charges have been filed against Vince Dravecky. Mr. Dunivan said that he was under the impression that the issue was resolved, since my husband's DUI case was dropped and he wanted to know why I wanted to file charges. I told him that I wanted charges filed because Vince Dravecky broke the law. It is the District Attorney's job to file charges against people that commit crimes.
I called the State AG's office and was told that their hands are tied because Colorado is a local jurisdiction state. She went on to say that she was unsure as to why the DA's office referred me to the State AG's office because the DA is the agency that handles these matters. She also said that in a specific issue with a police officer, the first step is to report it to their supervisor and if I was not satisfied with the outcome, the next step is to report it to the DA's office. She went on to explain that by doing this, I have given the DA consent to take action against the local government officials. She cited three Colorado Revised Statutes that are related to this issue. Please see below:
24-18-103. Public trust - breach of fiduciary duty. (1) The holding of public office or employment is a public trust, created by the confidence which the electorate reposes in the integrity of public officers, members of the general assembly, local government officials, and employees. A public officer, member of the general assembly, local government official, or employee shall carry out his duties for the benefit of the people of the state. (2) A public officer, member of the general assembly, local government official, or employee whose conduct departs from his fiduciary duty is liable to the people of the state as a trustee of property and shall suffer such other liabilities as a private fiduciary would suffer for abuse of his trust. The district attorney of the district where the trust is violated may bring appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the general fund of the state or local government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such public officer, member of the general assembly, local government official, or employee.
20-1-107. Disqualification - court to appoint prosecutor - legislative declaration. (1) The general assembly finds that the office of the district attorney was created by the state constitution and that the state constitution gives to the general assembly the exclusive authority to prescribe the duties of the office of the district attorney. The general assembly finds and declares that this section is necessary to protect the independence of persons duly elected to the office of district attorney. (2) A district attorney may only be disqualified in a particular case at the request of the district attorney or upon a showing that the district attorney has a personal or financial interest or finds special circumstances that would render it unlikely that the defendant would receive a fair trial. A motion to disqualify a district attorney shall be served upon the district attorney at least two weeks before the motion is heard. Such motion shall contain at least a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the movant and shall be supported by affidavits of witnesses who are competent to testify to the facts set forth in the affidavit. The district attorney may file a response in opposition to the motion and may appear at any hearing held on the motion. The judge shall review the pleadings and determine whether an evidentiary hearing is necessary. The motion shall not be granted unless requested by the district attorney or unless the court finds that the district attorney has a personal or financial interest or special circumstances exist that would render it unlikely that the defendant would receive a fair trial. The order disqualifying the district attorney shall be stayed pending any appeal authorized by this section. If the motion is brought at or before the preliminary hearing, it may not be renewed at the trial court on the basis of facts that were raised or could have been raised at the time of the original motion. (3) An interlocutory appeal from an order of disqualification of a district attorney entered in the district court shall be filed in the supreme court pursuant to section 16-12- 102 (2), C.R.S. An appeal from an order of disqualification filed in the county court shall be filed in the district court. In computing the time period within which a trial must be commenced, the period during which an appeal pursuant to this section is pending shall be excluded. (4) If the district attorney is disqualified in any case which it is his or her duty to prosecute or defend, the court having criminal jurisdiction may appoint a special prosecutor to prosecute or defend the cause. The judge shall appoint the special prosecutor from among the full-time district attorneys, assistant district attorneys, or deputy district attorneys who serve in judicial districts other than where the appointment is made; except that, upon the written approval of the chief justice of the supreme court, the judge may appoint any disinterested private attorney who is licensed to practice law in the state of Colorado to serve as the special prosecutor. Any special prosecutor appointed pursuant to this section shall be compensated as provided in section 20-1-308.
16-5-209. Judge may require prosecution. The judge of a court having jurisdiction of the alleged offense, upon affidavit filed with the judge alleging the commission of a crime and the unjustified refusal of the prosecuting attorney to prosecute any person for the crime, may require the prosecuting attorney to appear before the judge and explain the refusal. If after that proceeding, based on the competent evidence in the affidavit, the explanation of the prosecuting attorney, and any argument of the parties, the judge finds that the refusal of the prosecuting attorney to prosecute was arbitrary or capricious and without reasonable excuse, the judge may order the prosecuting attorney to file an information and prosecute the case or may appoint a special prosecutor to do so. The judge shall appoint the special prosecutor from among the full-time district attorneys, assistant district attorneys, or deputy district attorneys who serve in judicial districts other than where the appointment is made; except that, upon the written approval of the chief justice of the supreme court, the judge may appoint any disinterested private attorney who is licensed to practice law in the state of Colorado to serve as the special prosecutor. Any special prosecutor appointed pursuant to this section shall be compensated as provided in section 20-1-308, C.R.S
I met with and reported crimes to Steve Dunivan and Lieutenant Palmer on 12/3/2014. The text messages documenting and proving possible crimes of tampering with a witness, among others were forwarded to Mr. Dunivan and Lieutenant Palmer on 12/4/14. I also sent an email to Fred McKee, Mark Taylor, and Lieutenant Palmer reporting possible crimes of reckless endangerment, official misconduct, and tampering with a witness on 4/10/2015.
It is evident that Mr. Dunivan does not think that I take this seriously since he found it acceptable to slough me off to the next agency. When I called the DA's office in Delta to get your email address, the woman told me that I could call the Montrose office and get it. I called the Montrose office and left a message. I still have not received a call back from the Montrose office. Thankfully, the Gunnison office was more accommodating and gave your email address to me with no questions asked. It seems that there is a pattern forming of general disregard for the very serious issues that exist in this situation and to be quite blunt, I do not appreciate people wasting my time.
To date and to my knowledge, no charges have been filed. I am fully prepared to file a petition for a writ of mandamus if you will not fully execute your duties as the DA and hold Vincent Dravecky and any person who would attempt to insulate or protect him accountable for the crimes that he has committed against myself and the people of Delta County.
I expect a response as this matter is in need of immediate rectification. Please let me know if you need access to any of the text messages and/or emails that I have referenced above.
Former Delta Deputy Vincent Dravecky Ordered By Judge To Relinquish Firearms Immediately
A citizen of Delta County filed for a Protective Order against former Delta County Sheriffs Deputy Vincent Dravecky which was granted Friday by Judge Miller. Along with that order, Mr. Dravecky was ordered to relinquish his firearms.
Mr. Dravecky stated in court that he no longer resides in Delta County and has relocated to the Denver/Colorado Springs area.
JUDGE NOT PART OF GOOD OLD BOY SYSTEM
This is probably one of the shortest articles I’ve ever seen in the Grand Junction Daily Sentinel let alone any other newspaper but probably one of the best I have ever seen.
Approximately one year ago the head of Colorado’s wildlife agency was cited or arrested for a hunting related trespass. The case was dismissed. What is refreshing is the fact that a judge out of Steamboat Springs just recently ordered a special prosecutor to revive the case. My hat goes off to that judge for doing his job regardless of the individual and the position he holds. It is, as it should be.
MONTROSE CITY COUNCILMAN REX SWANSON CALLS MIRROR’s ADVERTISERS
On April 4, 2015 the following was posted on The Montrose Mirror website:
In the interest of fairness, I called City Council Member Rex Swanson this morning to ask why he has been approaching my advertisers. Here is his response: "I am not intimidating anybody. All I am asking them to do is read your articles and decide if they want to support what you are doing."
It is hard to believe that someone in his position would be that reckless! He is a Montrose City Council Member, making calls to advertisers of a business that is legally operating and paying taxes for the city he represents. A person in his position, making telephone calls, whether for or against a business is just not acceptable for an individual in his position.
The big question is this, is there anyone else a part of this or did anyone else with the city know what he was going to do and sanction it?
The comment made by Rex Swanson does not appear to be the type of comment that would go without further dialogue. So the question is, what else was stated to these advertisers? What was the response by the advertisers?
It is obvious that Mr. Swanson tried using his position as city Council member to influence the advertisers of the Montrose Mirror and stop their advertising.
Mr. Swanson needs to be released as a city Council member. It will be interesting to see what the city does with this situation and the comments made by city representatives including but not limited to the city manager Mr. Bill Bell. I expect nothing to be done.
I certainly hope that the Montrose Mirror is considering legal action against Mr. Swanson and the city. I would! In fact, if it was me, this article would be written after I sued them!
MONTROSE COUNTY SUED BY MONTROSE MEMORIAL HOSPITAL, INC
On October 20, 2014 the Montrose Memorial Hospital, Inc. filed suit against the Board of County Commissioners of the County of Montrose. The suit is for Declaratory Judgment on four issues. The first issue claims it is invalid because it exceeds the BOCC’s authority. The second issue claims it is invalid because it is contrary to, and impairs obligations under, the lease and the court order holding that the lease is valid. The third issue claims it is invalid because it requires disclosure of confidential records in violation of HIPAA and the Colorado peer review and quality management statutes. The fourth issue claims it is invalid because it is contrary to the Colorado open meetings law and court order affirming the hospital operating lease agreement.
In 2010 the hospital board of trustees signed the necessary paperwork to make Montrose Memorial Hospital separate and apart from the County of Montrose. Montrose Memorial Hospital is now known as Montrose Memorial Hospital, Inc. There was a lease agreement executed between Montrose Memorial Hospital Inc. and the County of Montrose without the approval or consent of the County of Montrose. In that lease, it states, among other things that the obligation for the two financial transactions that occurred in November 2003 which appears to total $72 million dollars would be the obligation of Montrose Memorial Hospital, Inc., not the counties. Further, the County of Montrose would receive a lease payment of $3000 per month. Additionally, the County of Montrose through their commissioners would be Advised as to the hospitals business activities through the hospital board of trustees which answers directly to the Montrose County commissioners semiannually. This has not routinely been done. What has been done is attempts, to the extreme, to keep the Montrose commissioners completely in the dark. One such attempt is when the hospital demanded that the hospital board of trustees give their Social Security numbers for background checks. One particular individual refused to do so culminating in a war breaking out between the hospital and the commissioners. This was highly publicized in the local papers. The end result was this particular individual, through his persistence, proving that in fact there was no legal basis for their request. Throughout this process which again was highly publicized this individual was made out to be the villain and all along it was the hospital doing something that it did not legally have the right to do. This latter fact to my knowledge has never been made public nor has an apology ever been given.
In my opinion, this lawsuit is nothing more than just another attempt for the people that took over and run the hospital to do whatever they want without any oversight. Should they make wrong decisions that negatively impact the hospital thus potentially putting it in financial danger, the citizens of Montrose County will ultimately be left holding the bag.
MONTROSE DAILY PRESS ATTACKS MONTROSE MIRROR
Back in mid-March, 2015 the Montrose Mirror did an article in which there were four sources, having to do with an apparent hostile work environment at the Montrose City Public Works. The issues mentioned in the article by the Montrose Mirror is not the important point I would like to make.
What is disturbing to me is that the Mirror had more than two sources, they had four sources with one of the sources being the city manager Mr. Bell himself. The Montrose Daily Press apparently reported there were only two sources and the phrase “Yellow Journalism” was used to characterize the type of reporting by the Mirror. Utilizing that phrase is nothing more than an attempt to try and make the Mirror look non-credible. Unprofessional at the very least. Further, the Mirror was again characterized as a “blog”. This comment was made in a demeaning way.
When one looks at the quantity and quality of articles put out by both companies on a weekly basis, it is clear as to which company stands out. That company is the Montrose Mirror.
It’s tough being number one. Everyone wants to take a poke at you. You are clearly number one or they would not be taking these pokes. Enjoy your success and keep up the good work.
MONTROSE SCHOOL SUPERINTENDENT RESIGNATION REASON NOT DISCLOSED
Mark MacHale plans to resign June 30, 2015. He has been with the district since 2011. He apparently will be on leave but available for consultation if needed.
What is disturbing about this announcement is that generally when someone resigns a reason is given. Since no reason was given, it leaves room for much speculation. Did he resign because of personal reasons, health reasons, under internal investigation, under investigation by law enforcement, obtained a better job offer elsewhere etc.? The answer should have been given since it appears that he will be receiving his paycheck while on “leave”. Another question is was this voluntary or otherwise? More information is needed from the Superintendent’s office.. Please!
MONTROSE COUNTY CLERK ACCUSED OF LIES ON RESUME
In approximately the third week of March 2015, the Montrose County Clerk was accused of lying on her resume via an anonymous letter from someone that lives in the State of Mississippi. Said letter was mailed to a Montrose County Commissioner.
In the letter states that she was never Secretary Of The Mississippi Senate, she did not become Secretary of The Senate until January 2009, she came to Mississippi Senate after being fired at the Mississippi Department of Insurance and many others.
After an extensive research on Tressa Walker Guynes resumes I have found her resume to be correct except for the year she had stated that she took office as the secretary of the state. Tressa had stated it was in November of 2008 and after research it appears she took that position in January of 2009 (minor issue). There is an article in the Spring Edition of Mississippi College Alumni Magazine that was published in June of 2008 and it had outlined her career in the Senate for Mississippi and her career before she was elected into it. Other articles used to determine her career in the Senate of Mississippi were minutes from meetings and their annual expense reports with her salary for the year along with expenses that she was reimbursed for.
We spoke with Marge Fanning, the head of personnel for the Senate of Mississippi and she verified the years and positions Tressa held to be accurate and true. She said there were no red flags or problems marked on her employment file. She remembers Tressa working there and said she always worked hard and with the upmost respect of others. She was a good asset to them. She was replaced in 2012 with the new Secretary of the Senate at which time Tressa and her husband relocated to Montrose Colorado.
What is disturbing is the fact that we had to get the answers. According to my source, because the letter was not signed, no credence to the matter was given. Based on the accusations made and the position of the party accused, I do not feel this to be acceptable. Minimally, a cursory check should have been done by the County of Montrose.
We are happy to say that everything we found disproves the allegations in the letter from Mississippi.
MONTROSE RECREATION CENTER CONTROVERSY
A ballet measure voted on by the citizens of Montrose for a Recreation Center may have been money not very well spent. An over whelming vote for this project showed the City of Montrose that this facility was a much needed and wanted addition to the City. The 25 million dollar project has broken ground and construction has begun for this project. There may be a few side notes that wasn’t addressed however.
Montrose West End Medical Facility Plans Under Scrutiny
Plans for a Medical Facility on the West End of Montrose County came under scrutiny at a recent meeting held last week. For the last two years a task force which had been organized by the writer of a grant. In 2013 Richard Harding obtained a grant to study the possibility of a medical facility for the West End of Montrose County. The need for this type of facility is great due to the remoteness of the communities of Nucla, Naturita, Bedrock, Redvale and surrounding area. The closest facility of this type is located in Norwood, Telluride and Montrose.
Owner Of Funeral Home Takes Many Peoples Money And Then Files For Bankruptcy
In October of 2015 several individuals in Western Colorado were shocked to find that the Mesa Funeral Service business in Grand Junction was closed for business. It was during this time that the Owner of the business Rhonda Nelson and her boyfriend were on vacation spending monies that had been meant for pre-paid funeral services. Rhonda Nelson advised the Bankruptcy Court in February 2015. She advised that she used some of this money to buy her boyfriend a truck for $ 700.00 and also paid his legal fees for a child support case. The amount of that was $ 7,800.00.
UPDATE-DELTA COUNTY SHERIFFS OFFICE COVER UP
Last week, the District Attorneys office dismissed the charges, with prejudice, against my client. Apparently this was a decision made by both the District Attorneys office and the Sheriffs office. According to my client, the Sheriffs office is working with him in trying to resolve the problem he has with DMV regarding his license as a result of his arrest. The Sheriffs office maintains that they are not aware of any other problems regarding Deputy Sheriff Dravecky and that people are encouraged to file complaints on any officer, if warranted, so that the matter can be investigated. Based on communications I have received, I find it hard to believe the Sherrifs office is not aware of other issues regarding this particular deputy. I encourage everyone to file complaints when warranted and make sure appropriate action is taken. You can use my web page to document these events so other people will know who the problem is about and what the circumstances are. In doing this, if there are too many complaints filed on one particular individual, it will be known and people can then, in numbers deal with the situation. I have received many calls regarding various situations in which I was told they were going to write a short note for me to post on my web site but to date none have been presented. I assume, based on the severity of the incidents, they felt intimidated and decided not to follow through with the posting. If you don’t know of others having the same problems, you can’t ban together when necessary. When people ban together, things happen.
DELTA COUNTY SHERIFFS OFFICE COVER UP
It is apparent in the comments being made publicly by many people regarding multiple Delta County Sheriff Deputies that there is a problem that needs to be dealt with by the public if the proper authorities will not do their job. Facebook is a great place to vent but to get results you must ban together and document.
DELTA COUNTY SHERIFF COVER UP!
Will Deputy Vincent Dravecky be charged with a Felony? Will the DA’s office drop the charges against my client? Will the Delta County Sheriffs Office keep him employed?
MONTROSE COUNTY-72 MILLION DEBT?-MORE CORRUPTION AND COVER UPS
I am incensed regarding the letter sent to me by Deputy County Attorney Carolyn Clawson regarding the last letter I sent addressing the information previously requested.First, I question if the Commissioners were consulted on the issues prior to the County Attorney response. All Commissioners were out of town. If this is the case then the statement by the county attorney in the letter would be a false statement.
MONTROSE COUNTY LIES - COVER UP
If I do not receive my information and documents immediately, I will initiate legal action
Montrose City Manager “Just Shut Up And Do Your Job”
I have read the ATTACK by you on Caitlin Seth Switzer, the owner of the Montrose Mirror because she has questions regarding the Assistant City Manager. Your statements and actions are outright appalling! She is a journalist and reports to the public. Or is there something to hide?
DELTA COMMISSIONERS CORRUPTION (shoot the messenger)
The Delta Commissioners, County Administrator and the head of Human Resources was faced with a dilemma last week. Either do the right thing and fire the appropriate parties or fire the employee that was wronged. My client, the employee, was terminated. I have read my clients personnel file and the emails to the above county officials and county heads regarding the situation and can not believe this matter was not thoroughly investigated. Instead it was ignored and the “Department Head” of the department was allowed to do as he/she wanted and terminated the employee.
CHILD PROTECTIVE SERVICES CORRUPTION
This is not to be construed as legal advice. I have been involved in these types of cases in multiple states over many years. I will say that I do know that a lot of case workers mean well and try to do their job properly while many do not. They violate the law and families rights and create mental scars for the parents and children that last for the rest of their lives let alone creating a financial burden that in many instances ruin the family. These case workers need to be dealt with. At the end of this article, I have what I believe is the answer.
WHAT IS BUCHANAN INVESTIGATIONS DOING?
What Buchanan Investigations is bringing to light are problems, not only within Montrose County, but throughout the western slope and Colorado as well. The people need to know the exact truth. In my opinion the local news media is falling a bit short in that regard. My website is set up to get many issues out to the public as well as inviting the public to respond. What is coming down the road in approximately 2 to 4 weeks is an internet radio station that I will be the host with guest speakers and inviting the audience to participate in discussion regarding various subjects such as local corruption, second amendment issues etc. As I stated in my last post I am presently working on an article having to do with child protective services. I should have that done and posted this weekend. Additionally, most of you are probably not aware that the Montrose Memorial Hospital board of directors filed suit against the county commissioners to get rid of the Montrose Memorial Hospital board of trustees oversight of the hospital. This apparently was served within the last 24 hours. Just another attempt by Mr. John Brooks, Esq. and Company to further separate the hospital from the County of Montrose and its citizens.
IS MONTROSE DEFAULT POTENTIAL MORE THAN 36 MILLION (Letter to Commissioners)
In a previous letter to you I requested information that was not received. This is not a request to produce documents but a request to answer my questions. Additionally, I am not asking any legal questions so I would expect my answers to come from the Commissioners, not legal counsel.
IS MONTROSE FACING 36 MILLION DOLLAR DEFAULT?
Around November of 2003 “revenue” bonds totaling $36 million were approved and solicited by Montrose County using the Montrose Memorial Hospital building as collateral. At the October 30, 2003, special Board of County Commissioners meeting, the attorney for the Montrose Memorial Hospital Board of Trustees John Brooks gave a presentation and received approval for this financial transaction. Brooks, being an attorney, is expected to know what he was doing was probably not proper. According to the Colorado Constitution, specifically regarding “TABOR,” this transaction was illegal. In order to use governmental property as collateral, the transaction must be voted on by the citizens of that County. That was not done.
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