On July 20, a brand new Denver City Council was sworn into office. A majority of the members of the Council (seven) are new. The Denver City Council over the last decade has increasingly been seen by the citizens it purports to serve as utterly corrupt and controlled by real estate developers and unions that fund most of the members’ campaigns. Few people believe that the public quasi-judicial hearings before the City Council are anything more than a form of kabuki theater, with the decisions made behind closed doors prior to the hearings, in violation of state and local law. The public now knows that their participation before the City Council is a sham.
A lawsuit filed by seven citizens, Whitelaw v. The Denver City Council, Case Number 2015CV3247, threatens to unmask the entire corrupt process by which zoning decisions are made in the City and County of Denver. It is assumed the office of the City Attorney will do anything and everything it can to prevent this case from ever getting its day in court. The City Attorney’s Office played a similar blocking role in the case of Hunter v. The City and County of Denver. In that case the City Attorney’s Office’s role in hiding evidence and conducting phony investigations concerning the Denver Sheriff’s Department and the City Jail were exposed. As a result, the City Attorney Scott Martinez was threatened by Federal District Court John L. Kane to have his law license revoked for his part in the cover-up.
A key difference in the two cases is the Hunter case was in United States District Court while the Whitelaw case is in the District Court for the City and County of Denver. It will take a Denver state court judge who is as brave and intrepid as Federal District Court Judge John L. Kane to ferret out the dishonesty that takes place on land use votes at Denver City Hall. Is there such a person on the state bench? If the past is any indication it is not encouraging. In case after case state court judges appear to be part and parcel of the cover-up, refusing to allow even a single instance for a claim to ever go to a jury. But it took years and years of Sheriff’s Department malfeasance at the City Jail before the Hunter case reached the desk of Judge Kane and then everything blew up. Before the Hunter case many people also assumed reform at the Sheriff’s Department was virtually impossible.
What about the City Council reforming itself and the way it conducts business? On the encouraging side, the voters voted in
three individuals — Rafael Espinosa, Wayne New and Paul Kashmann — dedicated to reforming the system, as well as an auditor, Tim O’Brien, who is not under the control of Mayor Hancock and real estate developers. But there are 13 members of the Denver City Council. Six returning council members rushed in the final days of the old council to approve every corrupt decision possible before the new council members were sworn in. In addition the Mayor and the developers were able to elect two new members, Kendra Black and Stacie Gilmore, who good government advocates have labeled the “Dirty Duo” for their absolute craven obsequiousness to the most revolting aspects of the Hancock administration.
Part of the problem and the difficulty of the system reforming itself is that some of the checks and balances that were built in the City Charter have been thoroughly compromised. The City Charter provides for an 11 person citizen Planning Board pursuant to which residents can bring their thoughts and concerns and the Board, in turn, advises the mayor and Denver City Council on land use matters, including planning and zoning. Unfortunately under the Charter the mayor gets to appoint every Board member. Mayor Hancock, instead of appointing representatives the community has chosen, developer controlled hacks and people under his control are appointed. At one time, being on the Planning Board was considered an honor, but today is a black mark disqualifying a former member for elective office in Denver as Anna Jones found out in this last election in her race against Wayne New.
In theory Denver employees and elected officials are supposed to, under the City Charter, “adhere to high levels of ethical conduct so that the public will have confidence that persons in positions of public responsibility are acting for the benefit of the public.” A five person board is supposed to enforce the Denver Ethics Code. That has become a joke. The only thing that citizens can be assured of is that the persons appointed to the Ethics Board by the mayor and the City Council are void of any personal ethics or they would not have been appointed to the Board in the first place. The Board’s latest disgrace, in a long line of disgraces, is its opinion concerning Councilwoman Stacie Gilmore, a close friend of the mayor and wife of the acting head of the Denver Parks and Recreation Scott Gilmore, who is also a close friend of the mayor.
Some people assumed that being on City Council while your husband heads up Parks and Recreation would present various conflicts of interest — but, not a problem. On cue, the Ethics Board issued an extraordinary opinion coming to the absolute opposite conclusion.
The Ethics Board claims its hands are tied by a too permissive Ethics Code including the conflicts of interest rules and that it will be making recommendations to beef it up. We would suggest that the Ethics Board recommend abolishing itself as it has lost any and all credibility with the citizenry who now knows it serves only as a fig leaf for approving the most corrupt of practices of the Denver city government.
Is the government of the City and County of Denver in fact capable of reforming itself? The answer is probably not anymore than the Sheriff’s Department was capable of reforming itself. As a result, the citizens of Denver should watch with a careful eye all the developments in the Whitelaw case as it may represent the last great hope for honest government in land use decisions in the City and County of Denver for quite a period of time.
— Editorial Board
