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OCN > 2605 > Palmer Lake Board of Trustees, April 9 and 23 – Proposed disciplinary hearing frustrates board; Water emergency declared

Palmer Lake Board of Trustees, April 9 and 23 – Proposed disciplinary hearing frustrates board; Water emergency declared

Highlights*

  • The Palmer Lake board is pursuing a potential hearing on harassment charges against Trustee Roger Moseley, with legal guidance from newly hired Town Attorney Kent Whitmer as part of a process language and hearing framework discussed in April meetings.
  • An independent investigation found likely illegal harassment by Moseley toward a female employee and a resulting hostile work environment, with witnesses corroborating, though the board has not yet determined whether to hold a formal hearing or take action.
  • The board approved a hearing option in principle and discussed codifying a due-process disciplinary procedure, while noting limited legal precedents and weighing removal, censure, or other actions under state statutes.
  • Moseley contested the process, suggested other options, and the board approved a motion for a hearing while debating the scope of authority and potential recusal from votes; later, a separate ordinance framework was recommended to govern hearings for any town officer.
  • Separately, the town appointed Kent Hutson to the Planning Commission, while other planning candidates faced votes and discussions; the mayor pro tem position was addressed with guidance to designate a pro tem at the next meeting.
  • The town declared a water emergency due to a senior water-right holder's call on Monument Creek, prompting potential changes to water-use restrictions, while continuing to address Elephant Rock Mobile Home Park code and utility issues with multiple agencies involved.
*AI-generated

By James Howald and Jackie Burhans

In April, the Palmer Lake Board of Trustees (PLBOT) grappled with legal issues arising from a town employee’s charge that they were harassed by Trustee Roger Moseley. The alleged harassment complaint was first mentioned by the town’s previous attorney, Scott Krob, at a board meeting in December 2025 and was discussed during an executive session on March 16. Executive sessions are not open to the public.

The board heard details of the investigation of Moseley, tried to determine what legal remedies were available to it should the charges be proven and, with the help of newly hired Town Attorney Kent Whitmer, what the process to hold a hearing on the allegations should be.

The board filled one of three vacancies on the Planning Commission and discussed filling the mayor pro tem vacancy.

At the request of Charles Roubidoux, Palmer Lake’s water supervisor, the board declared a water emergency and delegated the response to Roubidoux. It tabled a vote on a proposed resolution to opt out of the state’s new law allowing graywater use in new construction.

Town Clerk Erica Romero updated the board on efforts to address code violations at the Elephant Rock Mobile Home Park.

The April 23 meeting was preceded and followed by executive sessions.

At the April 9 meeting, Trustee Atis Jurka said he could not attend the executive session in March during which the harassment complaint was discussed, and was told he could not review the recording of it because a legal decision was required for him to do so, and the town was without a lawyer at that time. Jurka said the investigation of Moseley was begun in secret by Krob.

Interim Town Administrator Glen Smith told Jurka that the town administrator, not the town attorney, was responsible for investigating employee complaints. Smith offered to clarify the situation in open session. Whitmer agreed that the town administrator made personnel decisions and that an open discussion was proper. Whitmer added that there was a legal gray area in the matter, as Moseley was a trustee, not an employee. He confirmed Smith should take steps as needed to protect staff from a hostile work environment.

Smith said the town was required to investigate all charges of harassment and discrimination, and any lawsuit resulting from such charges would be against the town. An independent investigator hired by Smith confirmed that likely illegal behavior took place, that Moseley had admitted involvement, and that there was evidence of a hostile work environment based on gender. The investigator concluded Moseley’s harassment was primarily directed at women. An independent attorney interviewed multiple witnesses and agreed the employee’s claim of harassment was supported. Smith asked Moseley if he wanted the matter discussed at a public hearing and gave Moseley a written copy of the charges against him.

Whitmer said the next step was for the board to decide a direction: It could choose to take no action, or it could have a hearing, which is provided for in state statute.

Moseley said he believed the complaints against him had been introduced by Krob at a previous meeting and asked if they had been shared. Smith said that was irrelevant to the current investigation. Whitmer said there were privacy concerns, and information regarding the complaints was not available through an open records request.

Moseley said he would not resign and questioned what options were open for the board to take. He suggested there were only two: The board could choose to take no action or decide to have a hearing. Whitmer responded that the board could decide its own options and recommended that Moseley recuse himself from any votes on the matter.

Trustee Beth Harris made a motion for a hearing but withdrew it because Jurka had an open motion that was never seconded. Jurka said his motion was dead, and Harris made a second motion for a hearing. The motion passed, with Trustees Mike Beeson, Tony Beltran, John Marble, Moseley, Harris, and Mayor Dennis Stern voting in favor. Jurka voted no.

During public comments at the April 9 meeting, several residents spoke about Moseley’s behavior and the board’s response:

  • Trina Shook said she had seen Krob try to intimidate the board and accused Smith of bullying. Moseley is accused of harassing an employee.
  • Kathy Keeley said the board should communicate directly with the town’s attorney and should not get information from the town staff.
  • Kurt Ehrhardt gave kudos to the staff, mentioning Smith by name. He said it was time to bury the hatchet as the question of the Buc-ee’s travel center was decided. He called on a board member, whom he did not name, to resign.
  • Bill Bass recalled that during his term as mayor, Moseley was abusive to staff to the degree that police presence during Moseley’s visits to Town Hall was discussed. Moseley repeated the same questions to staff time and time again, always refusing to accept their answers, and that behavior is still going on. Moseley also submitted too many open records requests, Bass said.
  • Shana Ball said the board members might not have the immunity they believed they have.
  • David Park spoke in support of the board, which was trying to resolve long-standing problems.

At the April 23 meeting, the board took up the question of possible penalties for Moseley and whether a procedure for disciplinary hearings should be added to the town’s code.

Jurka moved to direct Whitmer to draft a legal opinion to guide the board and to table the discussion of codifying the hearing process. Stern pointed out that the possible ordinance being discussed was not specific to Moseley but would cover any town officer. Whitmer said an ordinance addressing disciplinary hearings and Moseley’s specific case were two separate issues, and it would be good to have a procedure for hearings added to the town’s code. “You can see what chaos and turmoil it causes where there isn’t a procedure,” Whitmer said. Jurka said he would defer to his fellow board members.

Whitmer reviewed the background of the issue: At the last board meeting, the board voted for a hearing to evaluate whether to retain Moseley on the board in response to the charges handed to him at that meeting. When he looked for legal precedents, Whitmer said he “ran into multiple brick walls.” Whitmer asked for the assistance of another attorney in his practice who had dealt with a similar case, and together they drafted a memo for the board. There were few precedents, Whitmer said, but he did find a similar Supreme Court case from the 1800s. Few towns have codified this.

Whitmer’s memo recommended a judicial process, with all parties having a right to be represented, to defend themselves, and to question witnesses, leading to an impartial decision by a hearing officer based on evidence. That process would require an ordinance to be written and voted on by the board. Once it was in place, the board could schedule a hearing, Whitmer said.

Beeson pointed out that there were two state statutes that applied. C.R.S. Section 31-4-307 says that, by a majority vote of all members of a board of trustees, any town officer, including a board member, may be removed from office. Removal requires charges in writing and a hearing. C.R.S. Section 31-4-501, on the other hand, defines the process of recall by the voters. Beeson argued that Section 31-4-307 was unfair if the behavior in question “lies in the middle” where censure or restricting contact with staff would serve the purpose. He said he wanted more options.

Whitmer said he believed Section 31-4-307 gave the board a choice between removal or no action. Moseley said he did not agree with that reading and asked for guidance. Whitmer repeated his conclusion that the statute gave the board only two options. He recommended that the town pay reasonable attorney fees for the officer being considered for removal and noted that the decision made at the hearing could be appealed to a regular court. Whitmer said it would take months of work to draft an ordinance, the board would need to comment, and revisions might be needed. Beeson asked for a full spectrum of options in the ordinance, and Harris agreed. She suggested a letter of reprimand, a verbal warning to the trustee, and removal be included.

Kat Gayle, chief legal counsel for Integrity Matters, raised objections to the board’s discussion, arguing that Palmer Lake was a statutory town and could not modify Section 31-4-307. She called the integrity of the investigative process into question and said the only lawful course was to terminate the process and that the board could not pass a law and apply it retroactively. Whitmer declined to comment on Gayle’s statement. Smith pointed out that Gayle did not represent the town, and drawing the issue out creates stress for employees.

Whitmer said he understood the board was directing him to look into the concerns of Gayle and Jurka, to draft an ordinance addressing the hearing procedure, and to decide if the action against Moseley was correct.

During the public comments following the legal discussion, several people spoke in support of Moseley:

  • Grace Foy, a lawyer with Tri-Lakes Preservation Inc., said Moseley speaks to everyone in the same way, not intending to harass but to demand accountability. She noted inconsistency in how complaints were handled, noting that former Mayor Glant Havenar had colluded with representatives of Buc-ee’s, had insulted and name-called her constituents and had used intimidation, all without consequences. She cited questionable behavior by Smith and Charlie Ihlenfeld, the chair of the Planning Commission. She said the board’s handling of the complaint against Moseley was selective enforcement and could not proceed in a credible way.
  • Trina Shook said the standard for harassment was ambiguous.
  • Gene Kalesti questioned the consistency and completeness of the board’s actions and its standard for what is investigated and what is not.
  • Debbie Hall commended Moseley for his service to his country. She asked the community to choose unity over division.
  • Steve Draper commented on Mosley’s intelligence, his military service, and said he gets things done.
  • Laurel Schow mentioned Moseley’s responsibilities in his 45-year military career and said, “People who create toxic environments do not serve in leadership roles.”
  • Karen McVey said she did not think a hearing was needed.

Kent Hutson appointed to the Planning Commission

At its April 9 meeting, the board considered Shana Ball, Kent Hutson, and Susan Miner for open seats on the Planning Commission. Ball and Miner answered questions from the board; Hutson did not attend the meeting. Stern said all three candidates were vetted and approved by the current members of the Planning Commission. Romero said there were other candidates, not yet reviewed by the Planning Commission, for the seats in addition to Ball, Hutson, and Miner. Stern pressed for a vote on the three candidates presently before the board.

Stern moved to appoint Ball, with a second from Marble, but the motion failed with Beeson, Beltran, Harris, Moseley, and Marble voting no, and Stern voting yes.

Next, Stern moved to appoint Hutson. The motion was approved with all voting in favor.

Finally, Stern moved to appoint Miner. That appointment failed with Beeson, Marble, and Stern voting yes and Beltran, Harris, Jurka, and Moseley voting no.

Mayor pro tem

At the April 23 meeting following Whitmer’s attorney report, Moseley asked for guidance on the rules around selecting a mayor pro tem, asserting that Palmer Lake’s code says one must be selected within 30 days. At its Oct. 9, 2025, meeting, after accepting then Mayor Pro Tem Amy Hutson’s resignation, the board failed to approve then trustee Tim Caves on a tied vote. Since then, no attempt has been made to appoint a mayor pro tem. Moseley also inquired about the possibility of a town clerk pro tem. Whitmer said he could only speak to the mayor pro tem position. Having reviewed Colorado Revised Statutes and the town code, he said he agreed with Moseley and recommended that a mayor pro tem be chosen at the next board meeting. He said he would look into the question of a pro tem clerk.

Water emergency declared

Roubidoux told the board that he had received a “call” regarding water the town draws from Monument Creek. The call was made by the holder of a water right senior to the town’s right, and it requires the town to discontinue the use of water from Monument Creek until the caller gets the amount of water from the creek to which they are entitled. Monument Creek is Palmer Lake’s primary water source, Roubidoux said, and its two wells are used as backup sources, but the wells would be the town’s only source until the call is satisfied. He asked the board to provide the ability to monitor water use restrictions quickly to address emergencies. He suggested leaving the current schedule, which allows watering two days out of the week, in place, but eliminating either the morning or evening time block.

Harris said the board needs to ask for a code change. Whitmer said the board could declare an emergency to allow action immediately.

Stern moved to declare a water emergency and to delegate the response to Roubidoux. The board voted unanimously in favor of the motion.

It also voted to table a decision on opting out of the state’s new law permitting the use of graywater until an issue regarding the existing graywater system raised by Planning Commissioner Matt Stephen is resolved.

Elephant Rock Mobile Home Park issues addressed

At the April 9 meeting, Romero updated the board about progress at the Elephant Rock Mobile Home Park, which has had ongoing code issues, including 10 vehicle citations. She said the town had given warnings and knocked on doors, noting that some cars have already been towed or are scheduled to be towed. The town is also working with the Colorado Department of Health and Environment (CDPHE) on water issues, with Public Health and with the Department of Local Affairs (DOLA) and its program that regulates trailer parks.

In response to her report, resident Tim Nolan said he was thrilled to see movement after many years, noting that there are still many problems including people living in recreational vehicles, a lack of utilities, and drug use. Nolan said he wished there were better mental health support and invited the board to visit him and see for themselves.

During public comment, Miner said she met one of the residents and felt the activity on that lot was driven by mental illness. A group of citizens is trying to get that person mental health help, which, if not addressed, would result in undoing any cleanup, Miner said. If the property were condemned and levelled, it would result in homelessness as well. She asked that the community be compassionate with residents who have served in the community and who are neighbors.

Executive sessions

The April 23 board meeting was preceded by an executive session to discuss the recruitment process being used to find a permanent town administrator and to meet with the recruitment firm assisting the town. It was followed by a second executive session to discuss an offer to purchase a portion of the Elephant Rock property and to receive advice on the offer from the town attorney and realtor Greg Kaufman.

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The next regular board meetings are scheduled for May 14 and 28. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

James Howald can be reached at jameshowald@ocn.me. Jackie Burhans can be reached at jackieburhans@ocn.me.

Above: Town Clerk Erica Romero, left, swears in Palmer Lake’s newest police officer, Dena Currin, at the April 9 board meeting. Photo by Jackie Burhans.

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