JAMES P. COLLINS
PAUL R. COCKREL
ROBERT G. COLE
TIMOTHY J. FLYNN
EVAN D. ELA
LINDA G. ALEXANDER
DAVID A. GREHER
JAMES M. MOCK
BECKY LENNON
OF COUNSEL
ERIC
C. JORGENSON
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STATEMENTS OF
SIGNIFICANT WORK EFFORT
While none of the
following summaries is exhaustive, set forth below are general areas of
expertise which categorize our practice:
1 Special
Districts
Collins Cockrel &
Cole was a major drafter of the recodification of the Special District Act in
1981; rewrote the Special District inclusion statutes; and rewrote the
Special District consolidation statutes. The Firm represents over
200 Special Districts and other local government entities throughout the
State of Colorado
, and has engaged in many special counsel projects related to
local government organizations.
Collins Cockrel &
Cole has effected many innovative Special District inclusions and many dozens
of normal inclusions and inclusion elections for Special Districts. The Firm
has served in the forefront of Special District consolidations and
intergovernmental contracting arrangements.
The Firm has been
involved in complex litigation and difficult negotiations effecting the
exclusion of property from Districts and discharging debt associated
obligations. Collins Cockrel & Cole regularly organizes, oversees, and
supervises all aspects of District elections, budgeting, auditing,
contracting, and the statutory and constitutional nuances of all operational
functions of Special Districts throughout the State.
2 Municipalities
Collins Cockrel &
Cole serves a number of large and small municipalities throughout Colorado as
general and special counsel. The Firm brings its broad expertise in all areas
of local government law to its municipal clients. The Firm has been effective
in developing complex water supplies, obtaining state and federal grants and
loans, completing complex annexation and subdivision projects, and providing
advice and planning for implementing the 1992 TABOR Amendment to the Colorado
Constitution.
Collins Cockrel &
Cole has extensive experience in land use approval matters, representing
County and Municipal governments, and special districts before these
governments and their planning, zoning and variance boards. Bob Cole
previously served as Vice Chairman of the Clear Creek County Planning
Commission.
3 Administrative
and General Legal Services
Collins Cockrel &
Cole possesses experience and expertise in all phases of local government
administrative and financial matters. This experience translates to a solid
understanding of both legal and policy issues.
4 Legal Aspects of
Insurance and Risk Management
With so many local
government clients, Collins Cockrel & Cole has considerable experience
reviewing various insurance needs, discussing these needs with insurance
agents and underwriters, and securing the types of policies required to fill
those needs. James Collins led the Special District Association attempt to
establish an insurance pooling in 1979-1980, and spearheaded the Special
District Association's organization of a group pooled insurance fund.
Although risk management
is usually a function handled by a non-lawyer, Collins Cockrel & Cole
has, in its municipal experience, dealt with and is familiar with risk
management and liability avoidance concepts. Finally, if claims defense is
necessary, our attorneys are effective with insurance counsel and independent
litigation counsel in defending claims.
5 Litigation and
Negotiation
While Collins Cockrel
& Cole's philosophy emphasizes preventive law and alternative dispute
resolution, resort to the formalities of the court system is sometimes
inevitable or strategically preferable. To that end, mere knowledge of the
rules of procedure is not enough; Collins Cockrel & Cole postures a case
to its clients' advantage at every opportunity, using all resources available
to ensure a successful outcome at reasonable cost. We litigate in-house only
those issues of law related to local government and water law. We usually
will recommend engaging special counsel for litigation matters.
6 Local
Government Finance
Collins Cockrel &
Cole has been involved in an average of twenty bond issues per year. The Firm
does not serve as either bond counsel or disclosure counsel, and therefore
maintains independence. We are thoroughly experienced in coordinating
activities between public entities, special bond counsel and bond
underwriters. We are also experienced in direct placement of debt, yielding
lower interest rates and lower costs of issuance, and have been actively
involved, as general counsel, in structuring bond details, rates, costs and
covenant requirements to the benefit of local governments.
Also in the area of
local government finance, Collins Cockrel & Cole has written many
lease/purchase contracts at the present time. Our involvement has extended
from the usual legal advisement role, to obtaining such financing.
We have also been
creative in refinancings, work-outs, municipal bankruptcy, and other problem
areas. This emerging area of practice requires developed legal skills and
substantial experience with governmental operations generally in order to
achieve success in difficult financial times.
7 Intergovernmental
Contracts For Operations and Other Matters
Collins Cockrel &
Cole has been in the forefront of development of intergovernmental
operational agreements statewide. Collins Cockrel & Cole has also been a
leader in creating intergovernmental contract authorities, including: Summit
County Fire Protection Authority, Eagle River Fire Authority Committee,
United Fire Dispatch Authority, Upper Eagle Regional Water Authority,
Consolidated Bell Mountain Ranch and Villages at Castle Rock
intergovernmental construction agreements.
8 Construction
Contracts and Claims
We believe that special
attention to construction contract administration will avoid a majority of
the unresolvable conflicts which result in litigation. Our Firm has overseen
substantial numbers of major construction projects, both at administrative
and legal level, and we believe we are most capable of implementing a new
control system for staff to follow on each specific construction project or
monitoring an existing control system.
9 Real Property
Acquisitions
Collins Cockrel &
Cole has much experience in eminent domain proceedings and can ably prosecute
condemnation actions.
While preparation of
easements, licenses and other documents regarding real property interests
appears to be a simple task, inadequate research as to ownership, overlapping
encumbrances, and misplaced confidence in old engineering assurances as to
location can cause expensive problems with such property interests. Our staff
routinely processes easements, licenses, rights-of-way and other such
documents, from confirming title matters to final execution and recording.
10 Legislation
and Lobbying
All members of Collins
Cockrel & Cole are experienced in drafting resolutions, municipal
ordinances and legislation, as well as rules and regulations. In addition,
all attorneys are experienced in presenting such work to various legislative
and administrative bodies for their consideration.
Paul Cockrel is a
registered lobbyist, as well as one of the primary authors of the Special
District Act of 1981; he has served for many years as the legal\technical
expert on most legislation effecting special districts. Jim Collins' experience as Executive Vice-President
of the Special District Association, Mayor of Littleton, and member of
various appointed public commissions and task forces, has given him extensive
involvement with people throughout the State of Colorado. Bob Cole is
experienced in drafting both state and federal legislation. Overall, Collins
Cockrel & Cole has developed a wide range of associations with various
levels of local, state, and federal public officials and administrators.
These relationships have proven useful to our clients.
11 Employment
Matters
The Firm provides legal
counseling and representation in all areas of public employer matters. Bob
Cole and Linda Alexander have extensive experience drafting employment
agreements, personnel policies, and employment separation agreements. In
addition, the Firm regularly provides legal assistance and counseling to both
large and small local governments on specific personnel matters, including
FLSA, employment discrimination, sexual harassment, privacy, drug testing,
FMLA, ADA (disability), ADEA (age), and pre- and post-disciplinary counseling
and assistance. The Firm has been involved in internal investigations, with
and without the use of independent investigators, EEOC responses, and other
employment-related administrative proceedings, and has a demonstrated
commitment to working with insurance companies and employers to resolve
employment disputes when they arise both efficiently and equitably. To this
end, the firm does not represent individual employees, but strives to work
with employers on best management practices and litigation avoidance
techniques in order to support the efficient delivery of services by and to
our local government clients.
12 Water Matters
The Firm of Collins
Cockrel & Cole provides legal representation in all areas of water
matters. Bob Cole and Evan Ela have extensive experience obtaining water
court decrees for water rights and complex augmentation plans throughout the
state, and Mr. Ela serves as special water counsel for a number of municipal
water suppliers. The Firm also regularly represents clients in
opposition to water rights applications so as to ensure that the
client's existing water rights are protected. Collins Cockrel & Cole also
can assist in drafting water contracts, agreements, and water rights title
reports separately or in conjunction with real estate transactions. Finally,
the Firm respresents clients in State water quality regulatory
proceedings.
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