A special Monument Town Council meeting Wednesday, held to discuss a report commissioned to investigate campaign finance violations by the town, town staff actions and possible redistricting problems in the newly approved charter, among other issues, descended into chaos with members of the public and the board shouting at each other. 

The meeting was ultimately ended without a discussion of the report, originally planned as a session closed to the public, amid chaotic shouted comments from the crowd, including statements that the board was operating without an attorney, and their actions could open the town up to lawsuits.

Monument Town Council hires independent counsel to investigate possible campaign finance violation

Audience members also pointed out that board members’ terms ended in November, under town documents that changed the election cycle for the town. The argument the board members’ terms have ended was laid out in a memo by the Mayor-elect Mitch LaKind’s attorney, William Reed, in a memo recently published online. 

“You have no right to even sit up there,” a member of the crowd yelled. 

Three new board members will take their seats next week, making this meeting a last-minute effort to consider results of the report commissioned Dec. 19. However, the board did not have an attorney to advise them on proper procedures for handling sensitive issues, such as the personnel issues in the report. This lack of legal counsel sparked concerns among the crowd and the town manager after the board decided to waive attorney-client privilege and discuss the report publicly. 

Town Manager Mike Foreman said he was not notified he was going to be talked about and he had not received a copy of the report. Some members of the board also had not had time to review the report ahead of the meeting.

Monument Investigation Report.pdf

LaKind’s personal attorney Reed advised the town board staff have the right to be notified of such discussions and decide if they would like to hold them in open or closed meetings.

Shortly before an abrupt adjournment of the meeting, LaKind, who was elected mayor in November, walked out after an initial attempt to end the meeting failed. 

The report was shared with The Gazette and outlined numerous concerns, such as Foreman’s work on the creation materials used to promote the passage of a ballot question to approve Monument’s new home-rule charter and lack of oversight from the town attorney over the town’s spending on materials to promote the question. 

“The town attorney is more likely than not culpable, whether by gross negligence or failure to supervise, because she reportedly authorized the payment without knowing the content of the invoice at hand,” the report said.

The town spent about $2,500 on promotional materials, money that former members of the Home Rule Charter Commission said was refunded to the town. 

Foreman declined to comment on the report at the meeting. 

Outgoing Councilwoman Darcy Schoening promised to look into issues, but was largely shouted down. 

“The truth is out there,” she said. 

However, residents at the meeting noted that the author of the report, Grant Van Der Jagt, has expertise in real estate, rather than the issues raised in the report. 

The report also outlined concerns about possible gerrymandering in the two new districts created by the town charter, which the report argues could void the entire charter. However, the councilmembers elected from those districts will hold nonpartisan seats and the creation of the districts is meant to ensure residents that are within a water service area managed by the town have representation, incoming Councilmember Steve King said. 

King was one of several people mentioned in the report that the author recommended for censure for obstructing the investigation. However, King said Van Der Jagt never contacted him or other members of the nine-member commission for questioning. 

Other former members of the Home Rule Charter Commission and King said other allegations in the report were untrue, such as a claim they did not try to include the public in the creation of the new charter.

King said he expected future meetings would be more civil and the level of chaos was unusual. 

“This board that is coming is 180 degrees different than this one,” he said.