Lora Thomas's SPOTLIGHT #25-05
Stop the Power Grab- Apr 2
- 7 min read
Updated: Apr 14
This is copied from former Commissioner Lora Thomas's Newsletter 25-05
SPOTLIGHT on Douglas County Government--in the SHADOWS
Hello!
Sunday's SPOTLIGHT was quite long because of all the rapid-fire news to report, so I thought it might be helpful to provide smaller amounts of information more often. So here goes. . .
Ross Kaminsky Show on KOA Radio - 850AM
If you recall from Sunday's SPOTLIGHT, Commissioner Kevin Van Winkle was on Ross Kaminsky's Radio show last week touting the Home Rule proposal that suddenly, out of nowhere on March 25, was put on the June 24th Special Election ballot by the DougCO Commissioners. Van Winkle specifically spoke about Home Rule allowing DougCo to "opt out" of state laws that we didn't agree with, using the example of the 10-cent bag fee at grocery stores. Van Winkle was clearly reading from a prepared script, and finally Kaminsky had to ask him to just directly answer his questions.
I contacted Ross and asked if I could be on his show to "set the record straight" and he graciously invited me on his show Monday at 11:04AM. I've been on Ross's show several times and I have always found him to be thoroughly prepared with hard, direct questions to get at the truth quickly (which is why he expressed frustration with Van Winkle's canned, prepared statement.).
Listeners to my appearance on Kaminsky's show learned that before the interview Ross had emailed a staffer (not AG Weiser personally) at the State Attorney General's Office, asking if Home Rule allowed Douglas County to "opt out" of state law as Van Winkle had claimed. Here is the first paragraph of the response that Ross read during my interview:
"Bottom line: The county home rule constitutional amendment does not give a home rule county the ability to ignore or opt-out from complying with any state law that it disagrees with. In fact, the state constitution states that 'A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers as may be required by statute.' Colo. Const., Art. XIV, Sec. 16(3)."
Local Leader Luncheon on Tuesday, March 25
If you recall from Sunday's SPOTLIGHT, I had requested through a Public Records Request to Douglas County a list of the "Local Leaders" invited to the special, closed luncheon that was served in conjunction with the Announcement of putting Home Rule on the ballot. But the county did not provide ANY information because there was no document responsive to my request. REALLY?!? No records...no guest list...no invitations...NOTHING.
I found these photos on social media of this "Local Leader" Luncheon, which might end up being the only record to identify some of the folks invited by the commissioners to this rather exclusive affair.
Again, this is the Board touting its dedication and commitment to "transparent" government. Secret meetings, surprise announcements, and closed, exclusive luncheons...
These are the attendees depicted in the photos that I recognize--in no particular order. There are some others in the photos I cannot readily identify.
Dustin Zvonek - 76 Group; Harold, Diane & Brock Smethills - Sterling Ranch developers; Ted Harvey - former state rep. and senator; Mike Bailey - General Manager of the Highlands Ranch Community Association; Kim Haarberg - ARS Companies; Sean Tonner - RWR Water; Robin Webb - Chair DougCO Republicans; Dave Gill - County Treasurer; Raeann Brown - County Coroner; Brown's husband Dan Brown - SCFD Representative from Douglas County; Monica Wasden - Director, Highlands Ranch Community Association; Ellie Reynolds - CEO of the Douglas County Economic Council and Lobbyist/Founder with Purple Label Government Solutions; George Brauchler - 23rd Judicial District Attorney; Susan Beckman - Sterling Ranch rep.; Andrea Cole - Dominion Water for Sterling Ranch; Deborah Mulvey - Castle Pines Council Member; Darren Weekly - DC Sheriff; Laura Hefta - Parker Council Member; Dave Weaver - former DC Sheriff and Commissioner; Shawn Temple - developer; Kevin Van Winkle - Commissioner; George Teal - Commissioner; County Attorney Jeff Garcia.
Other Home Rule Counties (This heading added by Blog)
Some folks have asked me what the charters look like for existing home rule Weld and Pitkin Counties, which are the only two exclusively-home-rule counties (not city/counties). Interesting that both were adopted in the mid-1970s.
I've been asked if I have any evidence about Eagle pursuing Home Rule. Let's start with this one because the first paragraph in the news story I found you may find extremely and eerily familiar with the current situation in Douglas County!!.
On March 2, 2005, the Vail Daily carried a story that started with a story about Weld County:
EAGLE COUNTY – There once was a county, lead by a powerful commissioner who seemed to have control of everything. He had a crony on the board with him, who did everything he said. The county staff were hired more for their loyalty than their merit for the job. And they spent taxpayer dollars like crazy. One day, a group of concerned citizens decided to do something about it. They wanted more control over their government. They wanted to expand the board from three commissioners to five. That way, no one person could have so much control. It took two elections, but finally it worked. In 1976, Weld County became the first county in the state to adopt what’s called a “home rule” charter. With this new status, Weld County could expand its board from three members to five. That is the story of how Weld County decided to go boldly where no other Colorado county had gone before, as told by Don Warden.
So, while it is clear from this account that the impetus behind the Weld County home rule vote was to expand the size of the commissioners' board from three to five (which would otherwise take an act of the General Assembly or citizens collecting signatures on petitions), it is also clear that this is NOT the motivation behind the Douglas County proposal.
A 2009 Aspen Times story about the history of Pitkin County included this sentence which is 100% accurate about the ability of the Home Rule Charter: "Pitkin County was established as a Home Rule County in 1978. That means Pitkin County has the authority to establish the organization and structure of the county government via a document known as the Pitkin County Home Rule Charter."
Click here for the 50-page Pitkin County Home Rule Charter
After you take a peep at the Weld County Home Rule Chapter, ask yourself if Douglas County is going to write a thorough Charter like this one, can it really be adequately written and vetted by voters in a little over 225 days?
What is the Rush?!!
...and why the pre-election HUSH?!!
"A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers required by statute. A home rule county may provide such permissive functions, services, and facilities and may exercise such permissive powers as authorized by statute applicable to nonhome rule counties, except as may be otherwise prohibited or limited by the county charter or the constitution of Colorado. Any power, function, service, or facility vested by statute in a particular county officer, agency, or board, including a board of county commissioners, may be exercised or performed within a home rule county by such county officer, agency, or board or by any other county officer, agency, or board designated in the home rule charter. For home rule counties, the term "board of county commissioners" means the governing body of the county designated by the county."
Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-11. L. 76: Entire section R&RE, p. 693, § 1, effective March 16.
Commentary: Above is the statute that REQUIRES a Home Rule County to EXERCISE all MANDATORY POWERS required by statute. That is the plain language of the statute, recently reiterated by the Colorado Supreme Court in League of Women Voters v. Weld County Board of Commissioners. This plain language means that a Home Rule County CANNOT opt out of any state law that it wants. When Commissioners tell you that Home Rule will allow Douglas County to OPT OUT of gun control laws, or mask mandates, or even paying a dime for a plastic grocery bag or reducing property taxes, ask them what statute gives them the authority to override state law? Many of us have already been asking, and we have not received a single, solitary legal example.
NextDoor & Social Media Sites
Keep watching social media sites (like above) for community sentiment about the County's efforts for Home Rule.
Here is a link to a Douglas County Government post that was shut down around 10:30 Tuesday night. Click here if you're on NextDoor and are interested in seeing some posts by educated citizens.
PS Notice the last comment on County post by a resident: "This looks like a power grab or intentional vulnerability testing - all at a really high cost to taxpayers."
I found this on Social Media - I have no idea who compiled it but it has some information on dates that you might be interested in seeing. Unlike what the County has been disseminating, the information here seems to be quite accurate and/or plausible.
If you or someone you know would like to subscribe to this SPOTLIGHT, please email me at Lora@LoraThomas.org to be added as a subscriber.
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