Lora Thomas's SPOTLIGHT #25-06

This is copied from former Commissioner Lora Thomas's Newsletter 25-06

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Hello!

The Board of County Commissioners seems to always be moving FAST--and often in the shadows out of the light of public scrutiny--on several issues so take a quick look here to see what is going on!

Colorado's Open Meeting Law Requires 24-Hour Notice of a meeting when a quorum or more of the Commissioners will be discussing Public Business

All three of the Douglas County Commissioners presented information and answered questions at the Parker Conservatives meeting last Wednesday evening (April 2). The email notice for the Parker Conservatives meeting (see below) clearly stated that the media was not allowed and that this was a private meeting, ie. closed to the public. Moreover, the County did not post this meeting on the Weekly Schedule for the Commissioners with the statutorily-required 24 hours prior notice. The County Assessor, Treasurer and Coroner were present at this meeting as well as the County Attorney to answer questions. Click here to read the story in Colorado Community Media

It is concerning that first the commissioners planned the Home Rule decision/process with other county elected officials behind closed doors, sprang it on the public with no input/comment/feedback from residents and now the commissioners are conducting private meetings with select groups to discuss Home Rule without the required notice. Of even greater concern is the obviously disingenuous claim by the County's spokesperson that none of the commissioners was aware that the Parker Conservatives meeting was private/closed. All three, at one point of another, have attended and/or spoken at this group's regular meetings; they absolutely knew what this group was all about.

I attended that meeting, though, and was surprised by some of the things I heard:

• Teal said that when he was a Castle Rock Town Council member the Council voted that only gun laws passed by the state that were put to a vote of the residents were valid in Castle Rock. I'm sure that's news to Castle Rock's own firearms store and gun range, DCF Guns!

• Van Winkle claimed there is a mechanism by the commissioners to keep this Charter off the November 4 ballot if it turns out to be something that they don't like. I don't see that step in the Home Rule statute. If the people vote to have a Home Rule process, does Van Winkle--or any of the commissioners--believe they have the ability to veto the will of the voters?

• Teal does not want to go to 5 commissioners even though Weld and Pitkin did as a result of their Home Rule status.

• Van Winkle said that the language of the Home Rule statute only applies within the physical boundaries of Douglas County. I disagree with that statement because sec. 30-35-201 (18) C.R.S. specifically states: "Counties may purchase water rights. To purchase water and water rights for the purpose of supplying counties and the inhabitants thereof with water. When deemed necessary and proper, the governing body of a county may purchase and hold the lands with which said water right is connected, whether the same in within or beyond the corporate limits there."

• The criteria the three commissioners used to hand-pick behind closed doors the 21 members (including themselves) for the charter commission slate that they endorsed was based on them being elected officials, their electability, their being "Conservative and Community Leaders".

• Teal indicated that the County could close primary elections for county offices to only allow Republicans to vote in the Republican Primary (no word on whether the same would go for Democrats or other political parties). He also supported using paper ballots. (Douglas County uses paper ballots so I wasn't clear on that change.)

• Per Teal, the County Charter could make Douglas County a Second Amendment County, and the Sheriff could only enforce those laws in the county charter.

• When asked about the $500,000 cost to hold just the Special Election on June 24, Van Winkle said that this is the "cost of Freedom", and it is worth it.

• County Coroner Raeann Brown stated that there are no plans for any of the elected officials to seek an extension in the number of terms they may serve under current law, nor are they looking for an increase in their annual salary (these are items that can be placed in a County Charter under the home rule statute), but that the Elected Officials are "doing this (home rule) for the people." I have to say that the Elected Officials are supposed to be representing us, the citizens, and NOT deciding behind closed doors what we need or what will be good for us. If Elected Officials want to do something for the people, Step 1 should be talking with the citizens publicly and openly and listening to us about what we want or feel is needed. And, from what I've heard in speaking with our residents is that they desire less government, lower taxes, less perks and special favors for preferred developers and political cronies, less commissioner-directed initiatives that we don't want or need and business done in the light of day -- not behind closed doors!

I studied this home rule topic extensively in 2022 with Teal and Laydon, and it was clear that Home Rule does not allow--like the commissioners and their inner circle of confidence are claiming--the County to simply OPT-OUT of any state law we don't like/approve, even if we write it into the Charter. The Charter is NOT a "constitution"...it is more akin to a corporate charter. In fact, the home rule statute specially states that a home rule county is of a corporate nature. Sec. 30-35-103(5) C.R.S.

Here is the law as stated in C.R.S. 30-11-511, "A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers required by statute."

This mirrors the language that the Colorado Supreme Court wrote when it ruled AGAINST the Weld County Commissioners this past February: "Although Home Rule counties enjoy autonomy in determining their internal organization, they remain bound to perform mandatory functions prescribed by state law." -League of Women Voters v. Weld County Board of Commissioners, 25 CO 8 (2025). Note that no conditional language regarding the inclusion of magic language in a home rule charter is mentioned by the Court.

Bottomline: Home Rule means the Charter can allow changes to the STRUCTURE of the County, but it must follow state law in other areas.

This Week's Schedule for the Commissioners

Transparency in Douglas County government continues to apparently be nothing but a growing distant memory.

See the calendar below, and you will note that there is very little work scheduled next week, and what is scheduled does not include a link for citizens to dial in to listen to its government at work. The only meetings with a link to observe the workings of the Commissioners are the Business Meeting and the Land Use Hearing on Tuesday.

You will notice that there is a virtual meeting on Wednesday, meaning that the Commissioners will be participating virtually so it would be very easy to allow citizens to listen to that meeting--if the commissioners had deigned to do so.

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.

Dear Readers,

The latest political dust storm has resulted in lots of questions going on in Douglas County about Home Rule and what it means. Gertie and I have been surfin' (and NOT in Hawaii!), reading and talking, and seems the first step for those who want to understand and be in the know is ensure that you know about the Colorado Open Meetings Law, sometimes known as the Sunshine Law, from that cardinal rule that, when it comes to politics and government, Sunshine is the best disinfectant!

We found a great website by the Colorado Freedom of Information Coalition that has lots of information in one place about what Open Meetings and Public Records Requests and a lot of other related stuff may be found. As a citizen, you are entitled to inspect and/or request copies of documents in the custody of your government and this step is critical in order for you to interact with your government effectively. As those shrewd lawyers are fond of saying, if it isn't written down, it didn't happen! Also, getting stuff in writing gives us the necessary time and ability not just to read, but investigate and digest what's being done by our government.

Let's start with Open Meetings. I've taken these two paragraphs directly from the above website because the statement is clear and concise.

Initiated by the people of Colorado in 1972, the Colorado Open Meetings Law (COML) or Sunshine Law originally applied only to the General Assembly and state agencies. A separate law applied to local government meetings until 1991, when the legislature combined the statutes into one law (retaining some differences between the requirements for state public bodies and those for local public bodies).

The importance of open government meetings is made clear in the law’s first paragraph: “It is declared to be a matter of statewide concern and the policy of this state that the formation of public policy is public business and may not be conducted in secret.” C.R.S. § 24-6-401.

It appears from the above news story that our current Board of Douglas County Commissioners either doesn't understand the Open Meetings Law, or just doesn't give a horse's patootie! And there's no excuse at all--it's really quite simple; two or all 3 of the county commissioners CANNOT discuss/conduct county business behind closed doors. PERIOD.

There are a few documented exceptions in sec. 24-6-402 C.R.S. such as discussing the negotiation of real estate deals, but those meetings must be recorded and available to the public when the negotiation ends. Personnel matters, as well as discussing legal matters such as pending lawsuits and settlements, also can be handled in Executive (confidential) Session, BUT when the session is concluded, a broad explanation of the matter should be stated ON THE PUBLIC RECORD along with any decisions or directions to staff since NO final decisions can be made behind closed doors.

So let's get to what really is stuck hard in my craw. On Monday, March 24 at 12:37PM the county (with a whopping 23 minutes to spare!) just made the required 24-Hour notification requirement of a Special Business Meeting on Tuesday, March 25 at 1PM--the subject: placing a question about Home Rule on the June 24 ballot. The County Commissioner Schedule was changed to include an Invitation-Only Luncheon for Local Leaders. (Do any y'all think for a New York second that Flying Horse Catering was engaged on a Monday afternoon to host a catered meal the very next day? I've had occasion to use their excellent services, and those Flying Horse folks are BOOKED AND BUSY!) But that ain't all, kids! On that Monday night--before the public knew anything about Home Rule--the Chair of the Douglas County Republicans sent out an email to several people announcing the names of the select 21 people who were handpicked by the Commissioners as their choice for the Charter Commission.

Naturally, this begs the question: Where in the HECK were all the long, necessary public meetings by the Commissioners in which this very complicated topic that could completely re-structure our County Government scheduled and held? Are there recordings of these meetings so that the public can vet the information?!? Why were these "Sacred 21" also selected in secret, away from that required SUNSHINE? Do you remember seeing that mandatory 24-hours advance notice? I sure don't!

I sure as Hades don't trust a government that conducts its business that directly and monumentally impacts me in secret -- do you?! That's the whole point of open meetings. Shucks, they shouldn't even have to be written into the law--it should be COMMON PRACTICE DEMANDED BY OUR REQUIREMENT FOR FREE AND OPEN GOVERNMENT! Sheesh!

It's time for each and every one of you to roll up your sleeves, clean up those reading specs, get educated and get your neighbors educated. . .

Don't forget, and like I always say. . .

GET--AND STAY--INFORMED and vocal. . .or keep paying the price of apathy!!