By Bob Marshall, Lora Thomas and Julie Gooden

In Douglas County, a new and dangerous standard of governance has taken root: if the public doesn’t like your plan, simply stop letting the public in the room. During the last year, we have watched the Board of County Commissioners (BOCC) comprised of George Teal, Abe Laydon and Kevin Van Winkle move from conducting substantive “public business” in secret huddles to forbidding public comment at meetings. Even after a unanimous 3-0 defeat in the Court of Appeals, the board remains committed to a “cloak and dagger” strategy that prioritizes their own ego over your tax dollars. This accountability effort is not about partisan politics, it is about the fundamental right of every citizen to know what their government is doing, which is why this challenge is led by a unique coalition: state Rep. Bob Marshall (a Democrat), former County Commissioner Lora Thomas (a Republican) and Julie Gooden (an unaffiliated voter). 

The Court of Appeals was unequivocal: the board’s decision to conduct policy-making functions in private was not legal. The court highlighted the “BOCC’s failure (by its own admission) to strictly comply with the statutory requirements” of the Open Meetings Law. This wasn’t a minor clerical error; it was a fundamental (and intentional) breach of the public trust so egregious the court summarily denied the board’s request to rehear or revise the opinion (or to even publish the case).

Why does this matter to you? Because secrecy is expensive. Upon the success of our appeal, the board chose to hire an outside attorney at $700 an hour to chase a Supreme Court appeal that has almost no chance of success. 

We recently sent the board a settlement letter, offering them a chance to end this litigation. We asked them to acknowledge their mistakes and stop the secret “Advanced Planning” meetings the court has already ruled illegal. Instead of responding to our good-faith offer, the board’s latest move was to file a motion for a 30-day extension of time to petition the Colorado Supreme Court. This is a calculated delay tactic that accomplishes nothing except ensuring their outside attorneys can keep billing the county at $700 an hour. To date, the county is already legally obligated to pay roughly $80,000 to cover our legal fees because we won. That is money that should be going to our roads, our seniors and our safety, not to a law firm tasked with stalling a case while the board avoids accountability.

This pattern of secretive shady behavior extends directly into the massive “Zebulon” project. The board is spending $100 million of tax dollars on a regional sports complex that residents explicitly ranked as their “least appealing” option in recent surveys. Even worse, they are using land transfer deals with Sterling Ranch development interests that haven’t been fully vetted in the light of day. When residents, including Rep. Marshall publicly asked the board why such a massive project with long-term fiscal implications was not being referred to a public vote, the board’s response was to shut down public comment.

The board intends to use a Taxpayer’s Bill of Rights (TABOR) financing loophole called “Certificates of Participation” to take on $100 million in debt without asking taxpayer permission. This is the same board that met in secret to discuss “immigration resolutions” and “Home Rule” before the public even knew they were on the table.

The “righteous arrogance” on display is staggering. The board claims they want to “clarify the law” for other governments. In reality, they are trying to weaken the laws that keep you informed. We have offered them a fair settlement that costs them nothing but their pride and our attorney fees. If they were truly “steadfast in their commitment to transparency,” they would have signed it already. Now it’s time for the rest of Douglas County to take a long, hard look at how their money is being used to keep them in the dark.

Bob Marshall represents District 43 (Highlands Ranch) in the Colorado House of Representatives. Lora Thomas is a 26-year veteran of the Colorado State Patrol, becoming the first woman captain and major in the CSP. She has also served as Douglas County coroner and Douglas County commissioner. Julie Gooden is a Lone Tree resident, policy analyst and community advocate.