Lora Thomas's SPOTLIGHT 25-20

Copied from former Commissioner Lora Thomas's Newsletter dated 5-21-25, #25-20

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PLAINTIFFS’ PRESS RELEASE

Marshall et al v. DOUGLAS COUNTY BOARD OF COMMISSIONERS

“…public policy is public business and may not be conducted in secret.”

Today the District Court denied our motion to enjoin the Douglas County Commissioners from continuing to violate Colorado’s Open Meetings Laws. We are disappointed and disagree with this ruling. 

At the April 29 hearing, Commissioner George Teal testified that all three commissioners “agreed” as early as February to move forward with two resolutions to expend a half-million dollars on a Special Election for a Home Rule ballot initiative, without notifying the public of their deliberations or decision. 

State law established by citizen referendum more than 50 years ago that “public policy is public business and may not be conducted in secret.” Yet the Douglas County Commissioners have for the past five months blatantly and willfully flouted this law which was established to ensure transparency of government at every level. 

That is why we, the Plaintiffs in this important case, turned to our courts for an injunction to ensure that Commissioners Abe Laydon, Kevin Van Winkle, and George Teal immediately cease violating Colorado’s Sunshine Laws and to invalidate previous important decisions that were unlawfully made secretly in the shadows behind closed doors, which Colorado’s citizens have made clear has no place in a modern, representative government of, by and for the People.

The commissioners prevented the court from considering multiple critical pieces of evidence, behaving more like criminal defendants rather than responsible government officials during the preliminary hearing. This evidence will be available for consideration at trial.  So today’s ruling has in no way diminished our resolve to see that ALL the factual evidence in this case is publicly presented and not hidden. We believe that once all the evidence is available and considered it will result in the correction of these serious violations of the law and public trust.

BOB MARSHALL                                   LORA THOMAS                JULIE GOODEN

Click here for the complete Press Release

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Court Denies Motion for Injunctions

This afternoon the district court (that signature belongs to Judge Robert Lung) denied our Motion for Injunctions requiring the Douglas County Board of Commissioners to comply with Colorado's Open Meetings Laws and to invalidate the June 24 Special Election because the planning for that $500,000 election was done behind closed doors in violation of Open Meetings Laws.

Above is from the actual Order, and it appears that some language from the County's Proposed Order was covered with xxxxxxxxxxxxx before the Order was issued.  Click here to see the County's Proposed Order to compare Page 16.  Here is today's Order

This Order ONLY denies the request for injunction; it does not dismiss the case, which will continue through the legal process during which we believe we will prevail once all of the relevant law and evidence is presented.   

Teal's Testimony in April 29 Hearing

The Plaintiffs' attorney, Steve Zansberg, asked Teal about testimony by an associate county attorney, Chris Pratt:

"You heard Mr. Pratt's testimony when -- when I asked him if I was correct when he responded to my CORA request that there were no notices or agendas of any public meetings at which two or more members of the commissioners discussed what to be included in -- in two resolutions or any minutes of any of -- those meetings, at which the decision was made to bring those resolutions to a public vote on March 25th; do you disagree with that?

Teal replied:  I don't disagree with that.

Here's more:

Teal testified all three commissioners “agreed,” in late February or early March, to move forward with passing two resolutions committing the County to expend a half million dollars in conducting a Special Election.  We, the Public, though, were NOT notified about that decision until March 25, when, in fact, that decision had already been made, weeks in advance. 

Both Teal and County Attorney Jeff Garcia testified in their view, that the decision by all 3 Commissioners, outside of public view, did not involve any "policy-making function of the Board of Commissioners."  

Folks - here is the crux of why this lawsuit was brought forward by the Plaintiffs.  The commissioners are discussing YOUR business behind closed doors and it needs to STOP.