BOARD00073

• Board Meeting Date: 9/16/1949
• Description: Minutes and Resolution
• Board Meetings - Doc Type: Meeting

143

It was decided that Mr. Rogers or Mr. IJ reitenstein, or any other
persons interested in the position of Board attorney, should have opportunity to
appear before the Board.

The Acting secretary was instructed to inform Mr. Rogers that the
Board would arrange an appearance for him at 1:30 o'clock.

I

The meeting recessed, to reconyene at 1:30 o'clock.

FRIDAY AFTERNOON, September 16, 1949

Mr. Byron Rogers appeared before the Board, to discuss his own candi-
dacy for the position of Board Attorney. He said he recognized that the Attorney
General and staff were legal consultants for all Colorado boards and agencies, but
that he had been the attorney general when the act creating the State Water Board
was written, and had helped to inciude in the act provision for special counsel,
with the approval of the Attorney General's office.

Regarding his own candidacy, Mr. Rogers said he had heard questions
which suggested a "political tinge" to his seeking the job, and secondly, inquiring
as to hiB abilit~' to serye as counsel in v/ater matters. Regarding ability and ex-
perience, he said he had been in"private practice of law in the Arkansas River
Valley, where water matters are numerous; had been in the State legislature in '31
and t 33, serving in the latter year as Speaker; and in 1937 was Attorney General,
when the legislature of that time created the Water Board. He said he had been
identified with the Colorad~yoming suit, the Kansas suit, the Boulder Dam Project
Act, Rio Grande Compact, and Republican River Compact, and had "sorre experience" on
every river flowing in the State.

He denied that his political affiliations had anything to do with his
candidacy. He said the American system permitted .any individual to seek office, ane
hold positions in political parties, without disqualifying himself for any public
position. He said .he was county chairn~ for the Democratic party, and had been a
candidate for office as a Democrat, but that neither situation should jeopardize
his chances for appointment as Board counsel. He said he could deyote "sufficient
time" to the job, if selected.

The Director reported that Mr. Breitenstein had decided against appear-
ing in person before the Board, in regard to the position, inasmuch as the Board
was already familiar with his qualifications for the position.

I

The Director said it had been suggested to him that the new contract
for legal counsel should include a 30-day clause, allowing the Board or the
appointee to cancel the contract on BO-days' notice. It was agreed that such
sti~lation should be a part of Board contracts.

Vote on the motion of Mr. Bannister for the employment
of Jean S. Breitenstein as attorney for the Board being called
for, Vice Chairman Bailey announced that balloting would be by
secret ballot, and paper bal~ots were distributed.

Judge Hughes and ~~. Smith were appointed as tellers.