CASTLE ROCK, Colo. — A group of citizens filed a lawsuit against Douglas County commissioners, accusing them of violating Colorado’s open meetings law in their effort to convert the county to a home rule entity.
Former Douglas County commissioner Lora Thomas and State Rep. Bob Marshall admit they have little in common. One is a Republican (Thomas) and one is a Democrat (Marshall).
“I have quite a lot of supporters who are absolutely shocked I’m working with Lora Thomas,” Marshall said.
But they’ve joined forces with Julie Gooden, an unaffiliated voter, to file a lawsuit against the county commissioners. They accuse the commissioners of holding secret meetings in violation of Colorado’s open meetings law.
Under the state’s opening meetings law, public bodies are required to give the public prior notice before they hold any meetings where they discuss public business. The plaintiffs say that never happened.
"These meetings are not posted, they're not recorded,” said Thomas. “But the commissioners are there with the county attorney and the county manager talking about public business."
Politics
Douglas County Board of Commissioners starts process to become home rule county
Thomas said she discovered the secret meetings after trying to learn why the county had hired an outside communications contractor when it already had a full-time communications director.
“And while I was going through the emails that I had received from a CORA request, I saw an email that talked about ‘advanced planning meetings,’” said Thomas. “That's when I contacted the county and I said, ‘What's an advanced planning meeting?’”
After doing more digging, Thomas said she learned commissioners were discussing public business behind closed doors.
“I think it's a blatant disregard for the citizens,” said Thomas.
In the suit, the plaintiffs accused commissioners of not only discussing public business but making “unlawful decisions.”
“In a series of non-public meetings in the first quarter of this year, the BOCC discussed and decided to adopt two Resolutions calling for a Referendum on appointing a Home Rule Commission and defining the districts that will be represented on that Commission,” the lawsuit reads. “Then, on only 24-hours notice to the public, the BOCC convened a 10-minute public meeting, which was not live-streamed (as other of their public meetings are and have been), at which they rubber-stamped their earlier decisions to adopt those Resolutions, with practically no discussion by the Commissioners of their merits, and without hearing a single word from the public.”
"This is the most monumental thing a county government could ever do,” Marshall said. “I heard no whispers about this at all – ever – and all of a sudden they dropped the resolution to go forward with home rule."
Marshall said commissioners also pre-selected 21 people, including elected officials, to serve on a home rule charter commission before they made any public announcement about the initiative.
“The shame should be on these 21,” Marshall said. “They should know better, and especially any elected official.”
The plaintiffs submitted documents to the court, including an invoice and a letter, which they say prove county commissioners were discussing public business out of public view and had already decided to call the home-rule election before holding a public meeting or taking a public vote.
Counties with home rule charters can exercise more control over local matters, and their ordinances can generally supersede state laws.
“We will no longer sit back while the state government dictates policies that undermine our values, jeopardize our safety, and make it harder for hardworking families to afford to live and thrive here,” Douglas County Commissioner Abe Laydon said at a March 25 press conference.
Cynthia Dalton, a Douglas County citizen, said commissioners should have gotten lots of public input.
"I think they're interested in grabbing more power for themselves,” said Dalton.
The plaintiffs are asking the judge to declare that county commissioners violated state law, and they want the judge to stop the county from moving forward on the home rule initiative.
Douglas County commissioners declined to comment on specifics of the lawsuit but said it's an attempt "to keep voters from voting" on the home rule initiative.
“Legal action has been filed against Douglas County Commissioners by Lora Thomas, Rep. Bob Marshall, and Julie Gooden that intends to keep voters from voting,” their statement read. “Commissioners are confident that the people of Douglas County will prevail in this attack on their right to vote on issues of independence and local control.”
Thomas resigned from the county commission in December, about five weeks before her term was set to end. She said she had been “forced out” by fellow commissioners, Laydon and George Teal, so that incoming Commissioner Kevin Van Winkle could move into her office early. Thomas often clashed with Laydon and Teal.
Thomas said the plaintiffs are spending money out of their own pockets to bring the suit. She said it isn’t an attempt to settle scores with her former colleagues.
“I don't even want to talk about trying to settle scores. This isn't about that,” Thomas said. “This is about their blatant disregard of following open meetings laws.”
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