Episode Transcript
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Speaker 1 (00:00):
Joining me now is a man with a much longer
list of credentials when it comes to Republican and Douglas
County politics than I do. He's a former county commissioner,
long time party guy and activist, and has held different
roles and a variety of other parts of the Republican operation.
And Steve Bohan reached out to me and said, Hey,
if you need any help on this no on home
(00:22):
rule for Douglas County thing, please let me know. And
I said, I always welcome people onto my parade bandwagon,
So let's do it.
Speaker 2 (00:29):
Steve, first of all, welcome to the show. Thank you
very much, Mandy.
Speaker 1 (00:32):
So let's talk about let's start with a home rule period, Okay,
because this is one of those things where people, I
think there's a lot of misinformation flying around right now,
and a lot of it is being floated on purpose,
I think, to confuse people about what home rule actually does.
If a county adopts home rule, what does that do.
Speaker 3 (00:51):
Counties have basically three sets of powers. They have mandatory
powers that they're required to implement by the state. They
have discretionary powers and home rule powers and the addition
of home rule powers to Douglas County only adds a
few things that the county can do. We're already and
have already implemented mandatory powers, many discretionary powers. Home rule
(01:17):
powers don't do much for us. I've been asking all along,
where's the beef my home rule? And there aren't great
answers at this point.
Speaker 1 (01:26):
Well, and there are things being said, and they're being
said by the county commissioners in such a way as
to give the appearance that, oh, we'll be able to
push back against laws we don't like. Well, laws we
don't like is a pretty broad stroke, right. I mean
it could be the new concealed carry permit laws, or
the new gun purchasing laws, or the bag tax fee,
(01:47):
or these are all things that I've heard bandied about
from people in Douglas County who truly believe that if
they vote for home rules, somehow we're going to be
able to get out from under those things. How accurate
is any of what I just said?
Speaker 3 (02:00):
Is highly unlikely that we'll be able to get out
from existing state laws. Now, items that are considered by
the legislature to be items of statewide interest, absolutely not.
Speaker 1 (02:11):
They can regulate that and to be clear that state
concern that is in the legislation. They put it in
there specifically to say that whatever we're passing, whether it's
zoning laws or gun laws or bad taxes, it is
a matter of state concern. That pretty much eliminates the
ability of a home rule county to push back on
that particular rule.
Speaker 2 (02:31):
Right, you're absolutely right. Okay.
Speaker 3 (02:33):
There's another section called the safety clause that they put
in almost every bill, and the safety clause reads the
General Assembly finds, determines, and declares that this Act is
necessary for the immediate preservation of public peace, health, or safety.
I think that clause actually makes it difficult for the
(02:55):
county to push back against things that they might not like.
Speaker 2 (03:00):
And here's the thing.
Speaker 1 (03:00):
There are things about home rule that I think are
kind of cool. I do think that it matters that
it's not a matter of state concern. There would be
times where I would like the opportunity to at least
be able to say, wait a minute, now, we have
standing as a home rule county because in a lot
of cases, even if Douglas County wants to sue the
state because of the property tax shenanigans that the state told,
(03:21):
I say Shenanigans. Yeah, but the judges said, look, you
don't have standing because you're this kind of county. There's
some parts of that that are appealing. And I've said
this on the show already. I am against this particular
iteration of home rule because of the way it's being
shoved down everybody's throats, and I think things are being
said that are giving the impression that things will be
(03:42):
possible under home rule that simply will not be possible.
Speaker 3 (03:46):
Home rule at this point is a bit of an
unwritten book. We don't know what powers it will provide.
There are lots of potential opportunities, but there are also
lots of risks, and the risks are.
Speaker 2 (04:01):
Tabor Right now, citizens of.
Speaker 3 (04:03):
Douglas County vote on debt and taxes that could be
changed under home rule. We could have extended terms for
local elected officials at the county. That can be a
positive if you're of one camp. It would be a
negative for me. I'm a two term and out type guy.
(04:26):
I believe we all need to go home and get
a real job and participate in our county as a
member of the public, not just an elected official.
Speaker 2 (04:37):
There are I mean, there is a long list, well,
let me let me play Devil's advocate with you for
a moment.
Speaker 1 (04:44):
Why not vote yes and then try to be a
part of the Charter Commission, to be a part of
the person or to be a part of the group
that is writing the charter of Douglas County.
Speaker 3 (04:55):
That's the camp I was in until last week. I
was looking at this is perhaps there are things that
we need to learn from each other that would make
this better. After I attended the County commissioner's public meeting
on this issue, watch the behavior, how they shut down
citizens who were trying to provide input and then provided
(05:19):
a threat.
Speaker 2 (05:20):
Against those who stood up.
Speaker 3 (05:22):
I went from being let's look at this to a
hard note, this is not the right time, not the
right way to get this done.
Speaker 1 (05:30):
Would you be a posy and I've said this on
the air as well, I would completely be open to
it in the future with a much more transparent process.
I do not think that there should be three county
commissioners on the Charter Commission who could potentially say we're
going to limit the County Commission to three officers and
not go to five. Ever, they could put that in
the charter to cemit a more centralized core of power.
(05:53):
I'm not necessarily for growing big government, but I am
distrustful of county commissioners who want to do this and
then say, but we want to be on the board
as well when they stand to benefit.
Speaker 3 (06:03):
I don't believe the elected officials who potentially stand to
benefit from setting their salary or their term limits should
be on the Charter Commission. They are expert advisors to
the Charter Commission and should play that role. They should
be brought in to testify, give their perspectives in opinions
on what should be in the Charter.
Speaker 1 (06:24):
I know, what are some of the other things that
I'm always trying to find? Unintended consequences right and unintended
consequences of this?
Speaker 2 (06:33):
In my mind, one of the biggest.
Speaker 1 (06:35):
Is simply this the amount of time that you will
have if someone gets on the Charter Commission in June,
the number of days until they have to produce a
document for review is about seventy days. So let's just
say we meet once a week. How many hours are
we going to meet once a week? And then you're
going to basically have seven meetings to eight meetings maybe
(06:55):
nine meetings of an all volunteer committee where everybody's not
going to be able to be at every minting, how
does this get done? And if you're doing it with
that speed, I don't trust the outcome. I think something
that's important in this foundational and this fundamental, this constitution
for Douglas County cannot be rushed.
Speaker 2 (07:12):
And that's how I feel this is going.
Speaker 3 (07:14):
I agree with you one. If we're going to do this,
let's do it right. Let's take the time that is
required to look at the issues, to talk about the
pros and cons of each way of implementing those issues,
and give the Charter Commission the two hundred and forty days.
Speaker 2 (07:35):
Maybe it takes one hundred to get this right. I agree.
Speaker 1 (07:38):
I would have preferred they put the charter on the
November election to be voted on the following year. I mean,
I would much have preferred an outcome like that. But
when asked recently at a panel discussion about it that
I was at George Teel when they said why are
you rushing and he said, well, we want to start
out January first as a as.
Speaker 2 (07:59):
A home erle County.
Speaker 1 (08:01):
That's not a good enough reason. There's nothing pending, there's
nothing out there. There's nothing hanging that you can point
to that says we need to move with this kind
of speed, and therefore I'm just immediately suspicious, and I
hate that I am that way, But I haven't had
this a very long time, Steve. As you have, I'd
like to ask you a little bit about that meeting,
(08:21):
because there's been some conflicting reports about that meeting. I
think the unconflicting parts that I've heard were that there
was absolutely no time given for citizen questions, that the
county commissioners and the county attorney sucked up all the
time that should have been spent allowing people to ask
questions back and forth. But one thing that I am
(08:43):
not clear on. Did they say at the end of
the meeting, Hey, we'll have another meeting where we can
just answer your questions. Was there any effort at all
to say, we want to address these questions that you
have in a public setting.
Speaker 2 (08:56):
Well, I didn't hear that.
Speaker 3 (08:57):
Now we all have access to the video that meeting,
and it's important to go back and take a good
look at it. But the reality is it should not
have been a one hour meeting. This issue is so
critical to the future of Douglas County. That the Border
County Commissions should have stayed till ten o'clock that night,
listen to everyone. I'm interested in all perspectives at this point,
(09:19):
but that meeting turned me off.
Speaker 2 (09:22):
I am now a hard no.
Speaker 1 (09:24):
Somebody just asked this question on our text line. Hasn't
Weld County had home rules since the nineteen seventies and
not had any of the issues that this guy's talking about.
And at the panel discussion for Douglas County Citizenry that
I moderated, we did have a gentleman who was a
Weld County commissioner and he told me privately he's that
(09:46):
I love home rule, but I do understand why citizens
are so concerned about the speed of the process, because
in Weld County it took much, much, much longer. Steve,
I don't know if you know the answer to this question.
What would have to happen if a group of citizens,
let's just say this charter issue fails, cut a group
of citizens ostensibly, then kind of restart the process. We
(10:08):
could vote on it again in the future at some point.
Because there's a lot of people are saying it's this
time or never which makes no sense to me. That
seems like voter blackmail.
Speaker 3 (10:17):
Well, the answer is yes, this can be restarted. According
to state law, it takes a relatively small number of voters,
about five percent in the last general election, to generate
a petition to put it back on the ballot. I
think that might be a good way. Let's have a
cooling off period. If this does not pass, think through it,
(10:41):
then talk about whether this is worthwhile for the future.
Speaker 1 (10:45):
I also have an issue with the fact that there
was a tiny window for people to express their interest
in being on the ballot to be on the Charter Commission.
I do like I would like to think that a
longer process, because I'm still talking to people now they're like, oh,
that sounds kind of cool.
Speaker 2 (11:01):
How do I get on the Charter Commission?
Speaker 1 (11:02):
I found you missed that deadline by weeks and weeks
You're way too late.
Speaker 2 (11:07):
Those are some of the.
Speaker 1 (11:08):
Issues that I'm stuck on. So what would have to
happen for you to support a home rule charter initiative
in the future.
Speaker 3 (11:17):
Well, Number one, we would need to have a broad,
open discussion about how we move forward. Let's talk about
the timeline. Let's talk about how the public input process,
what that would look like. I do realize that the
Charter Commission would be the one who set the rules.
They are a body independent of the county. Right, Let's
(11:39):
give them the authority to act like an independent body.
But let's provide them the assets they need to get
that work done. They will need to get so many
legal opinions as part of this process, and the county
attorney has one perspective. It's important to hear from all
the people and all of the experts on this. We
(12:01):
have heard from a couple professors up at Metropolitan State,
doctor Prowse. Yeah, doctor Prowse, who said, ah, this might
do what you're saying it'll do, but it probably won't.
Speaker 2 (12:14):
I mean, I look to printed material.
Speaker 3 (12:17):
The Colorado General Assemblies Legislative Office in the state Department
of Local Affairs has said Colorado law permits a home
rule county to design its structure of government and its
function as it relates to the internal affairs of the
county where such function is not prohibited by the state
(12:38):
constitution or state law. If there's not a constitutional limitation,
where there's not a current state law, the county can
look at right, yeah.
Speaker 1 (12:49):
And this would be I mean, one of the other
things that I've heard brought up is, you know, during COVID,
when we broke away from the Tri County Health Operation,
and there are people who really believe that Douglas County
could have just opened up everything. Nobody's wearing masks, nobody's
doing anything, and we would have gotten.
Speaker 2 (13:06):
Away with it. And I'm like, wait a minute.
Speaker 1 (13:07):
Those were all state health orders, which are going to
supersede anything. Unfortunately, that would be dead in the water.
Maybe there would have been a lawsuit filed, but there's
no doubt in my mind we would have.
Speaker 2 (13:18):
Lost on that issue.
Speaker 1 (13:19):
And that's one of the things that I'm trying to
push back against is the notion that if we're a
home rule county, we can just give Denver a middle finger,
we can give a middle finger to the Gold Dome.
That is not at all what we're talking about. And
if you talk to people from Weld County, they will tell.
Speaker 2 (13:34):
You that that's not at all what it's like, or
they would have.
Speaker 1 (13:37):
Been walking around maskless with businesses open in Weld County
if that was an option. I just want people to
we have counties that we can look to and see
what they did and see what they're doing. The same
gun laws apply in Weld County as they apply everywhere else.
And that's just the reality of the situation.
Speaker 2 (13:55):
Steve, What is the.
Speaker 1 (13:55):
Word on the street that you're hearing you went to
that meeting or you're aware of.
Speaker 2 (13:58):
People that went to that meeting.
Speaker 1 (14:00):
Were there more people that went in like you like open,
let's have a conversation and came out hard, No, I'm
not doing this.
Speaker 2 (14:07):
I think so.
Speaker 3 (14:08):
I mean the ballots has started to hit homes now
people are going to.
Speaker 2 (14:12):
Look at this. I think most of them will say
what the heck is this?
Speaker 3 (14:15):
Yeah, and then they'll say, why are there forty plus
people on the ballot? Right? That's a little bit confusing,
and people will have to get in line with the
thought that they have two votes on this one. Do
we move forward with the charter process at all? And second,
who do I vote for within my district?
Speaker 2 (14:37):
And who do I vote for at large?
Speaker 1 (14:39):
And let's be real, this campaign already already at the
almost at the end of the campaign.
Speaker 2 (14:44):
And other than the.
Speaker 1 (14:46):
List of people that I have seen that showed up
at the day after this announcement was made to get
all their little petitions signed by everybody else in the group.
I don't know a single thing about any of these
other people.
Speaker 2 (14:56):
I'm inclined.
Speaker 1 (14:57):
I'm going to vote no on the charter, but I'm
also going to vote for peop on the Charter Commission
just in case. And I'm voting for everybody except the
people on that list, and some of those people I like.
Speaker 2 (15:05):
But I don't like the way it was done.
Speaker 1 (15:07):
I don't like the fact that there was already people
chosen to go to a meeting to get their petition
signed by one another. No, the whole thing stinks, Steve,
it just does.
Speaker 3 (15:16):
Well, you're right, it's a pervasive smell that the county
commissioners move forward on this through private meetings. Yeah, and
then they published the list of the twenty one preferred
candidates and it came out before they passed their resolution
to move forward with home role. Yeah, there's a process
(15:38):
problem here, and one of the things I would change
if I'm on the Charter Commission and I had the opportunity,
We're going to make sure that public process follows right
and correct procedure.
Speaker 2 (15:52):
Dougas County has fallen off the.
Speaker 3 (15:53):
Bandwagon in terms of transparency. It's time to rebuild that
ship and then sail it. That everybody has an understanding
that the business of the public is public.
Speaker 2 (16:06):
I agree one hundred percent.
Speaker 1 (16:08):
This Texter feels differently differently our e Home Rule in Dougco.
It's important to understand context behind the pushback. The same
people Marxist activists who got angry with the commissioners when
they chose to break away from Tri County Health are
the same ones complaining that they're not being given a
voice our e Home Rule.
Speaker 2 (16:26):
These Marxists are.
Speaker 1 (16:27):
Pulling out all the stops to prevent the citizens of
doug Co from governing themselves. My point is the commissioners
know who these activists are. They're bad actors. Well, sometimes
the blind squirrel finds a nut and I find myself
on the side of.
Speaker 2 (16:40):
The bad actors.
Speaker 1 (16:41):
They're not always wrong, and when you're talking about procedure
and how the policies are going and how they're being unfurled,
I find myself on the side of Marxist then I
guess and I'm I'm fine with that. I mean, if
that's the way this Texter wants to look at it. Mandy,
I live in Weld county. Many restaurants stayed open without
mastering COVID. I think the county just turned a blind
eye and did not enforce regulations. And that's all could
(17:04):
be well and true, but if you'd fought it against
the state on that, you would have lost. If the
state had come out over you know, decided to make
an issue of it in Weld County, they could have
made an issue out of it.
Speaker 2 (17:14):
They just choose not.
Speaker 1 (17:16):
Counties should be able to opt out of unconstitutional orders.
I mean, I agree with that, but who gets to
decide what's unconstitutional.
Speaker 2 (17:24):
There has to be a process.
Speaker 1 (17:25):
We have to, you know, go through the courts and
everything has to be done, and when something is declared unconstitutional,
everybody gets out from under it.
Speaker 2 (17:33):
So we kind of have that option.
Speaker 1 (17:35):
But I'm not comfortable with just random people saying that's
unconstitutional and just making the edict.
Speaker 2 (17:41):
We have to follow the process. We have a process.
Speaker 3 (17:44):
It involves the courts, it involves legislative discussions, and if
something is unconstitutional, let us follow the process.
Speaker 1 (17:55):
Well, I appreciate you coming in, Steve. I remain a
no on this issue, and I'm glad that people are
starting to say, wait a minute, you know, even if,
because like I said, I'm kind of like the idea,
there are parts of it I would like to explore.
There are things about it that I do think are
very cool. But if we're talking about rewriting the foundational
(18:16):
documents that govern the county, I'm not interested in doing
that over a period of seven meetings. I mean, even
the Constitution took one hundred straight days of fourteen hour
days for them to hammer out the details, and it's
a pretty simple document. We're talking about rewriting the governance
of the entire county. I am not comfortable rushing that
process because I think that's when terrible mistakes are made
(18:38):
and special interests are served. That is my view on
the whole thing. Do you want to have a final
word on it, Steve.
Speaker 3 (18:43):
If we're going to do this, let's take the time
to do it right now. The Charter Commission, as a
body independent and a body politic aside from the county,
can determine if it wants to take more than seventy days,
take up to two hundred and forty days, pursuing to
state law. That would move it out from the Commissioner's
(19:06):
end of the year plan.
Speaker 2 (19:08):
But that may be what we need to do.
Speaker 1 (19:10):
And this is why the county commissioners cannot serve on
the Charter Commission, because they are very invested in getting
this done before the end of the year for whatever reason,
and that's why they simply cannot serve. Steve Bowen, thank
you for coming in with your perspective as a former
Douglas County commissioner. I greatly appreciate it. And hopefully we're
on the winning side of this. We shall see. And
(19:31):
if we're not on the winning side of it, I
hope the right people get on the Charter Commission, whoever
they are, that will put the interest of Douglas County
in Douglas County only first.
Speaker 2 (19:38):
That's all I'm asking. Thank you. Mandy