COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Herm~J MEETING DATE: October 9.2001 SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss request from Jerry Swafford for Declaration of Local Agricultural Emergency. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: OFFICE: Count~JudQe TIME PREFERRED: County Jude ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chaptet 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Board of County Commissioner9 BACA COUNTY 741 Main Street Springfield, txi 81073 Phone; (719) 523-8532 FAX ('119) 523-6584 RpY MQIIIZ tb• (futt« 7AOY CPAN~ Pala1W1 Dfetrkt 1 D4ukt 1Il 1'®IASLEY. Campo CIIIIDY BRIIS Dlstrtcl R Adminsstratlva /uststmd An Open Letter to All County Comtnisaionetn and County Officials Dear gin: On Apti127,21>Oi, the Pueblo County Comntissionots called for an agriculture and rand county crisis summit for tilt sovthem cotmtics of Colorado, These eoundes inchrded Baca, Prowers, Bent, Pueblo, Awpahoe, Coatilla, Kiowa, Las Animas, Custer, and Huerfano. At that meeting, the eouthem Colorado eounGes directed Baca County to prepare a plan to be reviewed and approved on Tune 1, 2001. Ai this meeting Baca County pttsson0ed The Declaration of Local Apiculture Emergencies, wltich contained directives for the state government, This declaration was unanimously approved and slated for presentation to Colorado Commiesronete Ina(CCn in Vail, Colorado at the artnuaJ sununcr conferertco, This was done. Art counties in Colorado now bout the Declaration in their halals, and it ie our intent to bout: CCl formally approve the Declaration at tl~cir next monthly meeting. I feel this Declaration is an 3ogical and ]cgititnate method for the eotundos of Colorado and neighboring states to begin to get to the bottom of the clu'OrIIC et:onoritiG problettu in rural America I believe that a thorou~r investigation by the state will confirm the allegations made in the Declaration. Once these allegations arc confirmed, the state should take eillur political or legal action, or both, to correct the problems and restore economic viab>7ity to our eottntioa and their institutions. 1 sincerely ttgttost your auppoR in this endeavor, It may well bo the most important actlon we as local governments have taken in many yeat,3. Ifyour have arty quesfionr please feel free to contact ma at: Bsw County t„omatissioncr's Olficc 741 Main Street Sprin~ield, CO 81029 719-523-6532 Sincerely, Tod I,asley Chattman, $eC8 COUnty CCrrtrrliEliOners ~OtITH PLAINS CxOP ,lNBUR 41VC,E ACEfVCY, INC. Dependable Agribusiness Protection 209 Nodn Houston - P.O. C3ox 619 Lamesa, Texas 79331 pfflce: (806) 6722727 ROME 606-872-763a !f N;''1' ,Wpb. ~ ~ i :•i ~~ `~., ,, tr:. BOB SCRAPPER MEIABER OF CONGRESS FROM COLORADO FOUflTM ~I$TRIDT 212 CANNON HOUSE off ICE 6DIEDING WASHINGTON, DC 20515 12021225-4676 E-mail: rep.schaller@mail.house.gov ww~v. house.gov/scha/ler/ January 9, 2001 ~on~ress of the united Mates ~tou~al: of rRrpresrntotio~s Dr. Eugene Schroder 33388 County Road P Campo, Colorado 81029 Dear Dr. Schroder: . COMIdnTEES 1 AGRICUETURE RESDURCES ~^I IGTION AND THE WORRF011CE VICE~CIWRMAN Rlr cNIEOHOOD, rouTH Aro rAMnr REPUa4CAN PDUCY COMMITTEE After reviewing your reply brief, it seems the case you bring forth is not of the traditional form of political question. This fact contributes to the merits of your argument, ~ In this case, Congress has at various times-, all affecting agriculture. The executive branch has exercised its discretion in areas arguably beyond those Congress has authorized -- Your case also differs from the usual form of political question because there is no doubt that, in this instance, requisite action by the elected branches of government is final. For Congress, relevant statutes already have been enacted purporting to grant precisely the relief that you request -- that is, implementation of parity pricing principles. Meanwhile, without removing the statutory principle of parity pricing from the statute books. Thus, the courts certainly may opine as to the contradictory laws. In asking the court to state the law, resulting from this debacle, I believe you have made a fair and reasonable request. Furthermore, the remedy you suggest does not seem to infringe on the executive's discretion, other than to direct him to implement the parity pricing principles as mandated by Congress (7 USC 602 and 7 USC 1301). Thank you for allowing me to examine and comment on your reply brief. Very truly yours, a.~i~.~ Bob Schaffer /'' Member of Congress 123 N. COLLEGE AvE., SUITE 2608 801 BTN Sr., SUITE 220E 19 W. 4tH ST. Fonr COLUNS, C080524 GREELEV, 0000631