Monument Town Council, Jan. 3 and 17 – New Monument board sets aside investigation until new law firm hired

Correction
Investigation set aside as interim law firm hired
Other matters
KFC approved
Public comments and council responses

By Chris Jeub

Correction

The Jan. 7 article in OCN (“Special investigator claims Home Rule Charter void in report alleging illegal electioneering by Monument staff”) misstated Laura Kronick as the person who wrote the check curing the misappropriation of funds stated in the investigator’s report. The writer of the check was Brandy Turner. OCN regrets the error.

New leadership, police, and lawyers were sworn in, promoted, and hired to set into motion what some call a “new town” that changed in structure as well as personnel in Monument. The election results in November brought two significant changes. First, the Home Rule Charter was voted into law by 70 percent of the vote, transferring the form of government from a state-governed Board of Trustees to self-governed Board Members. Second, three new members and a new mayor were elected, changing the character of the previous governing body.

However, the interim government followed the election by launching an independent investigation in December that called the validity of the Charter into question, accusing incoming members of illegal electioneering and misappropriation of funds, and presenting evidence of a hostile work environment by town management. January’s meetings of the new government were spent setting aside the investigation for a later day while taking care of town business.

Investigation set aside as interim law firm hired

On Jan. 3, at the first meeting of the new government, newly-elected Councilmember Steve King put forth the motion to rescind all meeting notes of the previous month, a motion that passed 4-1 with Councilmember Jim Romanello dissenting. Though several members of the public expressed a desire to continue December’s investigation, the meeting concluded with three motions presented by newly-elected Mayor Mitch LaKind to “set aside” the investigation, to “fire the lawyer [of the investigation],” and place all intellectual property of the investigation “under lock and key” until legal representation for the town could be hired (the town attorney Kathryn Sellars resigned during the investigation). Romanello expressed he was “not sure if we should lock it up,” but LaKind insisted that “because the attorney-client privilege was violated … we have to have an attorney review it.” All three motions passed before the meeting adjourned.

At the second meeting on Jan. 17, the board gave Town Manager Mike Foreman direction to hire Lakewood firm Collins Cole Flynn Winn & Ulmer to represent the Town of Monument. Foreman shared that the town had interviewed 17 law firms in the previous two weeks, most of the firms rejecting offers to work for the town. LaKind called on Monument Sanitation District Board Member Laura Kronick to testify on behalf of the proposed firm, explaining that they will help direct the town as it has for the district. “I’m all in,” she said.

Foreman highlighted three decades of experience from the team of lawyers. “Because of the experience they have done in other towns and cities, they have a lot of documents ready for us to adopt.” LaKind explained that this would be a six-month interim that would help determine whether the town would like to “keep them on.” The board gave a unanimous “thumbs up” to hire the firm the next day, Jan. 18.

Background: To review details of the now-rescinded meetings, refer to the Jan. 7 OCN article “Special investigator claims Home Rule Charter void in report alleging illegal electioneering by Monument staff” at https://ocn.me/v23n1.htm#mbot. The investigation report is available through this shortened link: shorturl.at/imv13, and its Google folder of documentation may be accessed at shorturl.at/nowxZ. The report’s conclusion recommended several actions. Specifically:

Publicly censuring King, Sellars, Abbott, LaKind, and Foreman for allegedly obstructing an official investigation, Foreman for allegedly failing to completely address misogyny and a hostile work environment, and LaKind for an alleged misogynist comment to a councilwoman while at the dais. Other censuring was recommended for Town IT Manager Drew Anderson and former Trustee Redmond Ramos (who resigned following his election to office, reason not given).
Holding in Civil Contempt of Town Council—Foreman for allegedly refusing direction from the board, King and Abbott for obstruction, Ramos for allegedly intimidating witnesses and ridiculing the investigation, and LaKind for alleged obstruction and the mentioned misogynist comment.
Terminating the employment of Foreman and Sellars.
Filing an ethics complaint with the Colorado Supreme Court Attorney Regulation Counsel against Sellars for alleged obstruction, conflicts of interest, malpractice, errors, or omission resulting in deception of the public, misappropriation of funds, misrepresenting the Charter to the public, and electioneering.

The report also asked to create processes for anonymous complaints from staff and the public, check-writing accountability, and Robert’s Rules of Order during public meetings. Its final recommendation asked for adoption of the State Standard for Gerrymandering to be applied to the Home Rule Charter, declaring the Charter unconstitutional and void.

Other matters

With the looming investigation set aside, the new board took care of town business. Members and an interim police chief were sworn in, officers were promoted, and all resolutions and ordinances were passed.

**Above**: Members of the new Monument Town Council were sworn in at a meeting on Jan. 3. Deputy Town Clerk Tina Erickson gave the oath to, from left, Steve King, Ken Kimple, and Sana Abbott. Mitch LaKind was sworn in as mayor. King was appointed mayor pro tem.

Ken Kimple, Abbott, and King were sworn in as new councilmembers.
LaKind was sworn in as new mayor.
King was voted as new mayor pro tem.
Police officer Tim Johnson was sworn in as interim police chief.
Two police officers were promoted to sergeant (Sam Yanez and Colin Rosten) and one to lieutenant (Mark Owens).

**Above**: Mitch LaKind was sworn in as Monument’s new mayor. Photos by Michael Weinfeld.

Above: Monument police Commander Tim Johnson was sworn in as the town’s interim police chief at the Jan. 3 meeting of the Town Council. Town Manager Mike Foreman gave Johnson the oath. Johnson at least temporarily replaces Police Chief Sean Hemingway, who retired. Foreman says they’re interviewing candidates in addition to Johnson for the position. Photo by Michael Weinfeld.

Resolution No. 04-2023: A Resolution Declaring a Vacancy on Town Council and Outlining an Appointment Process passed unanimously. There are currently two vacancies on the Town Council, one to replace Mayor LaKind’s position and the other to replace the resignation of Redmond Ramos (a reason for his resignation was not given). The board made a general call for volunteers to make themselves known if they would like to serve on the Town Council.

Resolution No. 02-2023: A Resolution Appointing Members to the Planning Commission passed unanimously. King expressed his admiration to the Planning Commission for being diligent in holding developers accountable. “It used to be a rubber stamp,” he claimed, “but it isn’t any longer.” The board asked again for volunteers to make themselves known if they would like to serve on the Planning Commission.

Resolution No. 05-2023: A Resolution to Approve a Single Water Service Connection Outside of Our Current Water Service Boundary passed unanimously. Director of Public Works Thomas Tharnish proposed allowing Palmer Lake Mobile Home Ranch to tap into Monument’s water source. The park, consisting of 26 mobile homes, has radium issues with its current well, and the Town of Palmer Lake does not have the capability to help with water mains. Since the park is only 1,000 feet from Monument’s boundary, they asked to pay a tap fee and take the service from Monument. Kimple asked, “If the line breaks, who’s on the hook?” and “What happens if they [the tenants] want to wash their cars in the summer?” Tharnish responded that the town would be responsible for everything up to the hookup, and “I suppose [car washing] could happen.” Abbott asked, “Will there be more than 26 homes in the future?” Tharnish responded that the only expansion to the park will “probably be for storage.” After the unanimous vote to share Monument’s water with the mobile home park, Kimple added, “This is helping out our neighbor.”

KFC approved

Ordinance No. 01-2023: An Ordinance Approving a Final Planned Unit Development for Lot 3 Monument Market Place North passed unanimously. Monument’s new Director of Planning Shelia Booth gave her first presentation explaining the staff’s recommendation to approve the development of Lot 3 to include a new KFC. The applicant and the franchisee were present to explain the design details of the new restaurant. Councilmembers asked about sign height, traffic, and design standards. Public comment from Matthew Brunk saw KFC’s working with the town as a “beautiful thing,” but Patty Forester expressed displeasure with more fast food coming to town, asking “when is enough enough?” Councilmember King agreed “fast food is personally not my thing” but explained that it was not in his purview to mitigate land use. “We can’t change this now,” he said. “What we can do is help make the development more of a small-town feel.”

Public comments and council responses

Brandy Turner congratulated the new councilmembers for “earning the trust of our community” but also warned “your responsibility is just starting.” She added, “I did want to ask you to continue the investigation, hire a fully independent investigator to investigate the same questions that the prior board had.” Brunk called on Abbott and King to recuse themselves in order for the rest of the investigation to be “above reproach.” Another member of the public asked for the investigation to continue in a timely way and to be cleared up. “It put a cloud over the whole [town],” he said.

Councilmember Romanello agreed, “I would like to echo the community interest into continuing the investigation, as Mayor LaKind committed to it [in December].” Abbott said, “I fully support an investigation.” King, however, expressed he had a problem with the previous investigator “spending so much time investigating the Home Rule Charter” and that perhaps the money spent should be reimbursed to the town. Kimple asked if the lawyer was still billing the town, and Foreman said he has approved as much as he was able, and if there were more it would need to come from the board.

Mayor LaKind offered to gift town staff with two weeks paid vacation as amends for “low morale” during the investigation. Foreman expressed his appreciation and shared that he “already talked with financing and HR to come up with a plan.” Details of implementing the offer were discussed. Foreman shared that the town staff may go to a four-week summer and give Fridays off or give two weeks of pay at the end of the year to those who don’t take the days off. Abbott asked how this could be applied to already-accrued vacation, and LaKind explained his intent: “The two weeks would be above-and-beyond whatever they accrued for the year, and this would only be for employees currently employed today.” The board gave direction for Foreman to come up with a plan with options for two weeks of paid vacation.

King added general comments about his feelings about recent conservation easements. After explaining actions surrounding Forest Lakes, Mount Herman, and other places in the Tri-Lakes area, King commented, “It’s nice to see something from time to time that preserves some land. We seem overwhelmed at times with all the development going on, but once in a while there is a silver lining.”

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The Monument Town Council usually meets at 6:30 p.m. on the first and third Mondays of each month at Monument Town Hall, 645 Beacon Lite Road. The next two regular meetings are scheduled for Monday, Feb. 6 and Tuesday, Feb. 21 (the Monday before is Presidents’ Day). Call 719-884-8014 or see www.townofmonument.org for information. To see upcoming agendas and complete board packets or to download audio recordings of past meetings, see http://monumenttownco.minutesondemand.com and click on Town Council.

Chris Jeub can be reached at chrisjeub@ocn.me.

Correction

Investigation set aside as interim law firm hired

Other matters

KFC approved

Public comments and council responses

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