Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
I think it was Friday. I don't remember Thursday or Friday.
We had Douglas County Commissioner Kevin van Winkle on the
show talking about the county commissioners the beginnings of efforts
to turn Douglas County into a home rule county, and
former Douglas County Commissioner Laura Thomas got in touch with
(00:24):
me after hearing some of that conversation and said, Ross,
there were some things said there that are incorrect, And
I said, well, then I'd like to have you on
the show to collect correct the record a little bit.
So joining us now Laura Thomas, who was Douglas count
commissioner for quite a long time, not doing politics right now,
but paying close attention to what's going on in Douglas County.
Speaker 2 (00:46):
Laura, thanks for being here, appreciate it.
Speaker 3 (00:49):
Good morning, Ross. Thank you for the opportunity to be
on and correct the record.
Speaker 1 (00:53):
Okay, why don't we start with the big picture stuff
like so you know I have questions for you. But
what did you hear that Kevin Van Winkle said on
the show that made you think I need to get
on the air and correct the record.
Speaker 4 (01:09):
So I heard Kevin Van Winkle say that by going
to home.
Speaker 3 (01:12):
Rule, Douglas County will be able to opt out of
any state law that we don't agree with, we don't like.
One of the things he said was the bag fee
at the grocery store.
Speaker 4 (01:25):
So, just to be clear, I was a commissioner for
eight years. We thoroughly researched.
Speaker 3 (01:30):
Home rule in twenty twenty two, and it's very clear
that that statute allows a home rule county to change
the structure of how their government is formed. But the
Colorado Supreme Court recently, just a month ago, reiterated that
counties are bound to perform mandatory functions prescribed by state law.
(01:54):
So trying to sell this to the voters and say
vote for home rule and we'll get you out of
these crazy gun laws that will be being passed in Denver,
it is just not true.
Speaker 2 (02:08):
Okay.
Speaker 1 (02:09):
Yeah, I was very interested in that bag Vie thing
as well, not that it's the most important issue, but
just as an example of the kind of thing that
that Kevin van Winkle claimed that would no law no
longer be need to be abided by as far as
the state law in Douglas County if they were home role.
I was very skeptical of that. I actually sent an
(02:31):
email to the office of the State Attorney General and
I just want to share with you something that I
got back from the State Attorney General's office. And again
I'm not this did not come to me from Phil Wiser.
People know Phil Wiser's a friend of mine. This came
from staff in his office asking about this kind of thing.
And there's a very interesting legal point here, and Laura,
(02:52):
I'm sure you know this, but I want to share
with listeners. Municipal home rule, meaning for a city, is
very different than county home rule.
Speaker 2 (03:00):
Municipal home rule, which is.
Speaker 1 (03:02):
Governed by a different part of the Constitution, provides more
authority in which the state can only override local laws.
Speaker 2 (03:10):
If they fall within what's called a matter.
Speaker 1 (03:12):
Of statewide concern or a matter of statewide and local concern,
So that would be municipal. And by the way, right now,
in Colorado we've got I think Weld and Pitkin Counties
are home rules. There's also Douglas, there's also Broomfield, and
is it Denver and Denver, but those also count as cities,
(03:32):
so they can fall under this other part. So really,
at just the county level, it's only pickin and weld, right, Okay.
Speaker 2 (03:40):
So let me go back to this thing.
Speaker 1 (03:41):
County home rule provides no such provision. Some inaccurately conflate
the two, arguing that home rule counties are on equal
footing and have the same broad power as home rule
municipalities or cities to follow local laws over state laws.
Speaker 2 (04:00):
But that is not the case with home rule counties.
Speaker 3 (04:04):
Do you want to add anything, Laura, I agree with
that one hundred percent.
Speaker 4 (04:09):
The commissioners two actually three years ago did a lot
of research with the current with.
Speaker 3 (04:14):
The county Attorney Den Lance Ingles, who spelled out all
of this very carefully. But one of the prime things
that Lance explained to us is home rule for a
municipality is very different from home rule for a county,
and so it is critical that voters understand that they
have been sold a bag of goods if they believe
(04:37):
on June twenty fourth they are voting for home rule
in order to get out of state laws they do
not like, because the county government does not have the
ability to opt out of state law at a county level.
Speaker 1 (04:52):
Okay, So I think a lot of my listeners who
are involved closely involved with politics know that you and
the current group of Douglas County commissioners are not like
best drinking buddies. So I would like to just ask
you expressly, how are listeners to know here that your
(05:16):
problem with this process and we will talk about the
process in a second, as well as perhaps with the
merits of becoming a home rule county are not motivated
by you are just really not liking the people who
are commissioners right now, you know, Russ.
Speaker 3 (05:32):
When I resigned on December sixth, my vision was to
walk away from politics and enjoy my life. And as
I have watched what has been going on, this is
about policies that are going to affect a county that
I have lived in for almost thirty five years. And
I cannot sit back with the knowledge I have about
(05:53):
how county government works and let these lies be perpetrated.
So let's take the person out. Let's look at the
email you just got from the Attorney General's office, and
it agrees with what I am saying. Counties cannot opt
out of state laws they don't like.
Speaker 1 (06:13):
Okay, two things in about the two minutes we have left.
Based on what you separate from the fact that you
think Kevin Van Winkle oversold the case when he was
on my show. If you were a Douglas County commissioner
right now, would you be leaning toward or against home rule?
Speaker 2 (06:33):
And why.
Speaker 3 (06:35):
I would be leaning against home rule because all it
does is allow the county to reorganize government. For example,
the charter can.
Speaker 4 (06:46):
Be written by these twenty one people that have been
handpicked by the commissioners to say, we're going to give
elected officials three terms instead of two. We are going
to increase their pay. We are not to let citizens
vote for positions.
Speaker 3 (07:02):
Like corner and treasure like they have done in Weld County.
Speaker 1 (07:07):
So Well County change those rules the way you just described,
or cut some of them.
Speaker 3 (07:13):
In the early seventies. It's my understanding and working with
Well County commissioners for eight years. They have a county
council that oversees the commissioners. Say, corner and the treasure
are appointed. Citizens don't get to elect for those two
positions in Weld County. Well County sheriff right now makes
two hundred and two thousand dollars a year. I think
(07:35):
Darren Weekly makes one hundred and sixty one thousand dollars
a year.
Speaker 2 (07:38):
That's the Doug Koech sheriff.
Speaker 3 (07:40):
Weld County can override the state law as far as
structure goes.
Speaker 1 (07:46):
Okay, so I'm almost out of time, but I want
to get to one other point that I think is
very important.
Speaker 2 (07:51):
That you made a in an email to your email list.
Speaker 1 (07:54):
And by the way, folks, of this email is up
on my blog at Rosscominsky dot com, so you can
go read much more of what we're talking about it,
especially if you live in Douglas County. But just quickly, Laura,
you seem very displeased with the process and what you
describe as a lack of transparency. Can you just elaborate,
but briefly.
Speaker 3 (08:12):
Very quickly, there was no public meeting, no discussion at
all about home rule until last Tuesday, when the commissioners
did a ten minute public special meeting putting home rule
on the ballot. Up until that point, the people in
Douglas County had no idea this was even a discussion.
Speaker 2 (08:33):
All right, there's gonna be a lot more conversation about this.
I'm sure.
Speaker 1 (08:38):
The lack of transparency, as you point out, does strike
me like there's something going on there, like if they
were proud of what they were doing.
Speaker 2 (08:48):
Maybe they'd be a little more open about it.
Speaker 1 (08:50):
Maybe there's some shenanigans going on behind the scenes that
I don't understand. And there sure is a lot of
that stuff that happens in Douglas County and in every
county really, but we're.
Speaker 2 (08:59):
Going to keep up on it, Laura.
Speaker 1 (09:00):
You know, if you learn more and you want to
get back on the show and you know, keep my
listeners informed, WOULD be happy to have you back, and
I will of course offer the same opportunity to current
Douglas County commissioners to make their case.
Speaker 2 (09:11):
Thank you, thank you, Russ.
Speaker 3 (09:13):
And remember, our WR is going to be funding these
mailers that go out.
Speaker 2 (09:17):
Who's that is that?
Speaker 4 (09:18):
The water people, the water people from the San Luis Valley.
Speaker 3 (09:22):
You watch the committees that pay for these mailers that
are going to go out in June telling voters to
vote for this hand pick twenty months late of people.
I truly believe r WR Water Group is behind this
entire motion.
Speaker 2 (09:35):
All right, Laura, thank you,
I think it was Friday. I don't remember Thursday or Friday.
We had Douglas County Commissioner Kevin van Winkle on the
show talking about the county commissioners the beginnings of efforts
to turn Douglas County into a home rule county, and
former Douglas County Commissioner Laura Thomas got in touch with
(00:24):
me after hearing some of that conversation and said, Ross,
there were some things said there that are incorrect, And
I said, well, then I'd like to have you on
the show to collect correct the record a little bit.
So joining us now Laura Thomas, who was Douglas count
commissioner for quite a long time, not doing politics right now,
but paying close attention to what's going on in Douglas County.
Speaker 2 (00:46):
Laura, thanks for being here, appreciate it.
Speaker 3 (00:49):
Good morning, Ross. Thank you for the opportunity to be
on and correct the record.
Speaker 1 (00:53):
Okay, why don't we start with the big picture stuff
like so you know I have questions for you. But
what did you hear that Kevin Van Winkle said on
the show that made you think I need to get
on the air and correct the record.
Speaker 4 (01:09):
So I heard Kevin Van Winkle say that by going
to home.
Speaker 3 (01:12):
Rule, Douglas County will be able to opt out of
any state law that we don't agree with, we don't like.
One of the things he said was the bag fee
at the grocery store.
Speaker 4 (01:25):
So, just to be clear, I was a commissioner for
eight years. We thoroughly researched.
Speaker 3 (01:30):
Home rule in twenty twenty two, and it's very clear
that that statute allows a home rule county to change
the structure of how their government is formed. But the
Colorado Supreme Court recently, just a month ago, reiterated that
counties are bound to perform mandatory functions prescribed by state law.
(01:54):
So trying to sell this to the voters and say
vote for home rule and we'll get you out of
these crazy gun laws that will be being passed in Denver,
it is just not true.
Speaker 2 (02:08):
Okay.
Speaker 1 (02:09):
Yeah, I was very interested in that bag Vie thing
as well, not that it's the most important issue, but
just as an example of the kind of thing that
that Kevin van Winkle claimed that would no law no
longer be need to be abided by as far as
the state law in Douglas County if they were home role.
I was very skeptical of that. I actually sent an
(02:31):
email to the office of the State Attorney General and
I just want to share with you something that I
got back from the State Attorney General's office. And again
I'm not this did not come to me from Phil Wiser.
People know Phil Wiser's a friend of mine. This came
from staff in his office asking about this kind of thing.
And there's a very interesting legal point here, and Laura,
(02:52):
I'm sure you know this, but I want to share
with listeners. Municipal home rule, meaning for a city, is
very different than county home rule.
Speaker 2 (03:00):
Municipal home rule, which is.
Speaker 1 (03:02):
Governed by a different part of the Constitution, provides more
authority in which the state can only override local laws.
Speaker 2 (03:10):
If they fall within what's called a matter.
Speaker 1 (03:12):
Of statewide concern or a matter of statewide and local concern,
So that would be municipal. And by the way, right now,
in Colorado we've got I think Weld and Pitkin Counties
are home rules. There's also Douglas, there's also Broomfield, and
is it Denver and Denver, but those also count as cities,
(03:32):
so they can fall under this other part. So really,
at just the county level, it's only pickin and weld, right, Okay.
Speaker 2 (03:40):
So let me go back to this thing.
Speaker 1 (03:41):
County home rule provides no such provision. Some inaccurately conflate
the two, arguing that home rule counties are on equal
footing and have the same broad power as home rule
municipalities or cities to follow local laws over state laws.
Speaker 2 (04:00):
But that is not the case with home rule counties.
Speaker 3 (04:04):
Do you want to add anything, Laura, I agree with
that one hundred percent.
Speaker 4 (04:09):
The commissioners two actually three years ago did a lot
of research with the current with.
Speaker 3 (04:14):
The county Attorney Den Lance Ingles, who spelled out all
of this very carefully. But one of the prime things
that Lance explained to us is home rule for a
municipality is very different from home rule for a county,
and so it is critical that voters understand that they
have been sold a bag of goods if they believe
(04:37):
on June twenty fourth they are voting for home rule
in order to get out of state laws they do
not like, because the county government does not have the
ability to opt out of state law at a county level.
Speaker 1 (04:52):
Okay, So I think a lot of my listeners who
are involved closely involved with politics know that you and
the current group of Douglas County commissioners are not like
best drinking buddies. So I would like to just ask
you expressly, how are listeners to know here that your
(05:16):
problem with this process and we will talk about the
process in a second, as well as perhaps with the
merits of becoming a home rule county are not motivated
by you are just really not liking the people who
are commissioners right now, you know, Russ.
Speaker 3 (05:32):
When I resigned on December sixth, my vision was to
walk away from politics and enjoy my life. And as
I have watched what has been going on, this is
about policies that are going to affect a county that
I have lived in for almost thirty five years. And
I cannot sit back with the knowledge I have about
(05:53):
how county government works and let these lies be perpetrated.
So let's take the person out. Let's look at the
email you just got from the Attorney General's office, and
it agrees with what I am saying. Counties cannot opt
out of state laws they don't like.
Speaker 1 (06:13):
Okay, two things in about the two minutes we have left.
Based on what you separate from the fact that you
think Kevin Van Winkle oversold the case when he was
on my show. If you were a Douglas County commissioner
right now, would you be leaning toward or against home rule?
Speaker 2 (06:33):
And why.
Speaker 3 (06:35):
I would be leaning against home rule because all it
does is allow the county to reorganize government. For example,
the charter can.
Speaker 4 (06:46):
Be written by these twenty one people that have been
handpicked by the commissioners to say, we're going to give
elected officials three terms instead of two. We are going
to increase their pay. We are not to let citizens
vote for positions.
Speaker 3 (07:02):
Like corner and treasure like they have done in Weld County.
Speaker 1 (07:07):
So Well County change those rules the way you just described,
or cut some of them.
Speaker 3 (07:13):
In the early seventies. It's my understanding and working with
Well County commissioners for eight years. They have a county
council that oversees the commissioners. Say, corner and the treasure
are appointed. Citizens don't get to elect for those two
positions in Weld County. Well County sheriff right now makes
two hundred and two thousand dollars a year. I think
(07:35):
Darren Weekly makes one hundred and sixty one thousand dollars
a year.
Speaker 2 (07:38):
That's the Doug Koech sheriff.
Speaker 3 (07:40):
Weld County can override the state law as far as
structure goes.
Speaker 1 (07:46):
Okay, so I'm almost out of time, but I want
to get to one other point that I think is
very important.
Speaker 2 (07:51):
That you made a in an email to your email list.
Speaker 1 (07:54):
And by the way, folks, of this email is up
on my blog at Rosscominsky dot com, so you can
go read much more of what we're talking about it,
especially if you live in Douglas County. But just quickly, Laura,
you seem very displeased with the process and what you
describe as a lack of transparency. Can you just elaborate,
but briefly.
Speaker 3 (08:12):
Very quickly, there was no public meeting, no discussion at
all about home rule until last Tuesday, when the commissioners
did a ten minute public special meeting putting home rule
on the ballot. Up until that point, the people in
Douglas County had no idea this was even a discussion.
Speaker 2 (08:33):
All right, there's gonna be a lot more conversation about this.
I'm sure.
Speaker 1 (08:38):
The lack of transparency, as you point out, does strike
me like there's something going on there, like if they
were proud of what they were doing.
Speaker 2 (08:48):
Maybe they'd be a little more open about it.
Speaker 1 (08:50):
Maybe there's some shenanigans going on behind the scenes that
I don't understand. And there sure is a lot of
that stuff that happens in Douglas County and in every
county really, but we're.
Speaker 2 (08:59):
Going to keep up on it, Laura.
Speaker 1 (09:00):
You know, if you learn more and you want to
get back on the show and you know, keep my
listeners informed, WOULD be happy to have you back, and
I will of course offer the same opportunity to current
Douglas County commissioners to make their case.
Speaker 2 (09:11):
Thank you, thank you, Russ.
Speaker 3 (09:13):
And remember, our WR is going to be funding these
mailers that go out.
Speaker 2 (09:17):
Who's that is that?
Speaker 4 (09:18):
The water people, the water people from the San Luis Valley.
Speaker 3 (09:22):
You watch the committees that pay for these mailers that
are going to go out in June telling voters to
vote for this hand pick twenty months late of people.
I truly believe r WR Water Group is behind this
entire motion.
Speaker 2 (09:35):
All right, Laura, thank you,
The Ross Kaminsky Show News
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