by Mark Smiley | Nov 21, 2014 | Editorials
Brian Vogt
In letters and e-mails to the Glendale Cherry Creek Chronicle, readers have asked us if we remember as many people working for the City and County of Denver that are totally devoid of ethics and competency as there are under Mayor Hancock. We admit that individuals like Lauri Dannemiller, the Manager of Parks and Recreation; Scott Martinez, City Attorney; and Brad Buchanan, Executive Director of Community Planning and Development, are sadly lacking in the skills and morals that any decent administration would seek along with many of the Mayor’s disgraceful appointments at the Sheriff’s Department. But that does not mean there are not tremendous people who work for the City and County of Denver.
One of the greatest of the public servants in Denver is Brian Vogt, the CEO of Denver Botanic Gardens. Appointed in 2007 to his post during the Hickenlooper administration he hit the ground running at the Botanic Gardens and hasn’t let up. In addition to being a highly adept businessman and administrator his warm outgoing personality has won the Botanic Gardens myriads of friends in the areas around the facility which has not always had the best of neighborhood relations. Given the enormous growth involving construction at the Botanic Gardens during his tenure the good neighborhood relations is no small feat.
Vogt came to his position as the ninth CEO of the Botanic Gardens with extraordinary curriculum vitae. He went to the University of Colorado at Boulder and spent a year in England studying Greek Stoic Epicurean philosophy. He served for 14 years as the president of the South Metro Chamber of Commerce, growing that organization into a regional powerhouse. He occupied three cabinet positions in Governor Bill Owens’ administration including the director of the Colorado Office of Economic Development where he supervised the Colorado Tourism Office and the Colorado Council on the Arts. After leaving the employ of government when Bill Ritter came to the governor’s office he had his own consulting company, ProCounsel Co. LLC. where he was able to understand the challenges of running a small business up close and personal.
He needed all of his skills developed over a lifetime when he began his hegemony over the organization. Attendance was down with a perennial lack of funds for projects and poor morale among the employees. He first addressed staff concerns by providing opportunities for employees to use their own initiative for projects which paid enormous dividends for the Gardens. He then hit the street looking for additional funding, a task that is an ongoing critical part of this job. He discovered he was good, very good, at raising funds for the Botanic Gardens.
As a result of the fundraising efforts, there began an $80 Million Master Plan Development Plan which included a badly needed three story parking garage, a visitor’s center, a greenhouse and a Children’s Garden that has been a spectacular hit. The building and renewing has never stopped and this last year a Japanese Garden and a Bonsai Pavilion and Tea Garden opened up.
Making the Gardens a fresh new and abundant experience is all part of the challenge. Having overseen the Colorado Council on the Arts he recognized how the visual arts could greater further the Botanic Gardens mission of bringing plants and people together. He brought in the sculptures of Henry Moore to the Gardens in 2010 to rave reviews. In 2014 came the incredible art of Dale Chihuly to the Gardens which to Vogt’s delight the exhibit was controversial to some greatly increasing attendance. The exhibit was such a success that Chihuly himself came last month to the Gardens and generous donors paid for one of the sculptures to be permanently installed.
The difference between Brian Vogt and Brad Buchanan, Scott Martinez and Laura Danamiller is that the former is trying to make something great for the people of the City and County of Denver and Colorado as a whole while the latter are individuals hoping to line their own pockets or at least are so desperate for a government sinecure they will do anything to retain their jobs.
We all would like to think that the majority of the employees of the city are closer to an admirable Brian Vogt than a widely reviled Brad Buchanan. Yes the appointees of Mayor Michael Hancock are by and large a disappointment to all honorable citizens of the city but they are only a fraction of the whole. Hancock and his real estate developer overlords hold sway today but even they will pass on and hopefully there will be enough Brian Vogt types who will remain for a great city to build anew from all the damage that the greed and avarice of the Michael Hancock era has brought.
— Editorial Board
by Mark Smiley | Nov 21, 2014 | Feature Story Middle Left
Dear Santa,
I am writing my annual letter to you asking for a few things. I know I’ll be lucky and grateful to receive even one item on this list. There are those who are less fortunate, so please take care of those in need first. Regardless, in case you’re struggling with what to give me this year, here are a few ideas:
An iPhone6 without a power button on the side of the phone. How can Apple let this happen? Do they expect us to hold the phone with two fingers to avoid pressing the button during a conversation thus ending said conversation? Do they expect us to use the uncomfortable provided earbuds? Move back to the top of the phone, please.
iPhone training classes for Grandpa App. My Dad, recently retired after mis-delivering mail for the past 35 years with the USPS, now has an iPhone. He doesn’t own a computer and thought wifi on the door of a restaurant was a food special. I’m now teaching him how to use the phone. It’s as if I added a third kiddo to the house. Oh, and FaceTime. He loves it. Uses it all the time and gets mad if I cannot communicate in like fashion. Welcome to the 2000s Dad!
Giving our readers some neat apps and tech gifts, such as: Venmo | Mobile payment. Now your friends can’t duck out of repaying you. Think of it. You buy lunch (again) because your friend forgot their wallet. I bet they didn’t forget their phone. Send them a link to Venmo for payment on the spot. MapQuest Roadside Assistance | Using the Denver-based MapQuest app, roadside assistance can be requested without the need of a traditional, expensive membership. Refuel Smart Propane Tank Gauge | Device attaches to your propane tank to deliver on demand propane levels via wifi or by pressing a button on the gauge. App shows the level of propane in the tank. The button gives a green or red indicator light. JBL Clip | Wearable Bluetooth speaker. Flux Capacitor USB Car Charger | Yes. The flux capacitor theme from Back to the Future. Worth the Google to check out the image.
Ask our stores to honor one holiday at a time. I believe I witnessed a first, but definitely not last (unfortunate) trend in October. Target had an aisle for Christmas next to the Halloween aisle. In fact, on November 1, the Halloween decorations were down, Christmas decorations were up, and above the soda machine was a sad little sign that said, “Happy Thanksgiving.” The Pilgrims must be so disappointed.
Michael Buble’s voice. You can ask, right?
Touchscreen Gloves. November was frigid! Touchscreen gloves allow you to interact with your device’s screen without removing your gloves. Check out Amazon.
A free year of Amazon Prime. Streaming videos, free two day shipping and now unlimited cloud photo storage. Did you hear that? Unlimited photo storage. When your device is connected to wifi (no Dad, not the restaurant lunch special), photos sync automatically. You had me at hello!
Lots of gift cards. I never know what I want so gift cards are always the gift that keeps on giving. Try cashcard.com to buy or sell gift cards. The site lists cards from 1-35% off face value at most major retailers. A $75 card will cost only $52.50. They’ll also buy your gift cards up to 92% of face value. Gyft is an app that will manage all of the gift cards for you. No need to haul the cards back to the mall.
A parking spot in Cherry Creek. With a purchase from a restaurant or store in Cherry Creek North, you can use the complimentary valet. Check out cherrycreek north.com for valet locations. If you are lucky enough to find a parking spot at the mall, use FindMyCar to set the location, add a note and take a picture.
Less time in line to see you. We need to take the annual, awkward family Santa Claus photo, but I dread the thought of waiting in line. Can someone tell me why there is not one Santa location in Denver with an app allowing us to sign up for the line in advance? The Santa photo business must be profitable based on the absurd amount of money I’ll pay for a goofy photo. Let’s see, 500 families in line at $50 per family. You get the picture. Bass Pro Shops offer a Bass Pass, which gives you a 30 minute window for the line. If you’re looking for a listing of Santas, check out milehigh onthecheap.com/see-santa/. This site is fabulous. Each Thursday, they list things to do for that weekend for free or at a nominal cost. The YMCA at Infinity Park will have Santa visit on December 11.
In all honesty Santa, I’m blessed with a great App Family. You can pass along our gifts to others in need. Cheers to you and yours!
Do you have a favorite app you’d like to share? Contact Brian at brian@brianzabro ski.com, on Twitter @BrianZab or LinkedIn at www.linkedin.com/in/brianzab.
Brian, a Corporate Account Executive with NetSuite, has spent nearly 20 years in the telecommunications and software industry. Businesses use NetSuite software to run and manage all of their business applications. It’s web-based, so businesses can access their information from anywhere. It’s flexible, which allows the software to be customized for their business; and, it is built on a single platform, which businesses appreciate since they can often eliminate multiple software solutions. Trending companies, such as Box, GoPro, FitBit and Dropbox use this software to run their business. Reach out to Brian to learn how your business can benefit with this software.
by Mark Smiley | Nov 21, 2014 | Feature Story Bottom Left
Every December, in the spirt of the holidays, I rip off a Christmas carol and change up the lyrics and I use my column to write a poem. Last year I wrote “Randolph the Unlucky Dater” to the tune of Rudolph The Red Nose Reindeer and I must say I love that piece, if you haven’t had a chance to read it you can find it on www.themoderndater.com.
This year I was inspired by an old friend and mentor of mine, Glendale Cherry Creek Chronicle columnist Peter Boyles. A month or two ago I was reading one of Peter’s articles titled “My Life Sucks, Part Two,” when I couldn’t help but be touched by his words, mainly because of how well I know him and how enormous this man’s heart is. Essentially Peter wrote about what it is like for him to be old and lonely and how he feels like finding love has passed him by. I truly believe it is never too late for love and that there is someone for everyone. In that spirit, this year I dedicate my Christmas poem to Peter! So without further ado and many apologies to Frosty the Snowman I present to you, “Talker The Old Man.”
Talker the old man, what a very empty soul,
With a microphone and a radio show, and two ex-wives with half his dough.
Talker the old man, is a lonely guy, they say.
He’s really low, ’cause the ladies know he has a limited time to play.
There must be magic left in his heart that he had found,
Finding true love is what he wants, before he’s six feet in the ground.
Oh, Talker, the old man, is alive as he could be;
But the women say I think he’s old and gay,
And he’s not the one for me.
Vroom vroom vroom, vroom vroom vroom, Look at his motorcycle go.
Talker the old man, he knew the sun was out that day,
So he said, “Let’s ride, and we’ll have some fun, all I have is today.”
All through the village, with his throttle in his hand,
Searching here and there, for a woman who’s fair,
Sayin’, “there must be one for this old man.”
He burned rubber down the streets of town, where his back tire popped;
He paused for a moment, when he heard her holler, “Stop!”
For Talker, the old man, had to hurry on his way,
But when he waved goodbye she had a tear in her eye and they fell in love that day!
The moral to this poem is, Peter, everyone, no matter how hard you look for love, love will always find you. The kicker is you never know when it’s going to happen and you always have to be open and ready.
I want to use my column this Christmas as a gift to Peter, to help love find him. Now more than ever I know he’s ready. This column has a great female readership and I know one of you ladies out there would love to have a man like Pete. I’m not too sure how Peter is going to feel about this but I’m going to roll the dice and work my magic and set him up on some holiday dates. If you’re interested shoot me an email at themoderndater@gmail .com with a photo and a few words about yourself and why you think you would be a good match for Pete. Because I know Peter as well as I do, I think I have a good idea of his type of lady. If you fit that type I’ll set up a date. Of course I will write a follow up article that will update you on Peter’s journey to find love.
In other news The Modern Dater date club is shaping up with a great group of single men and women from the Denver area. The club is big enough now that we can all go on some great excursions that I am cooking up. If you want in on The Modern Dater club drop me an email and I’ll give you more information on how you can join in.
Merry Christmas and Happy New Year! I look forward to talking to you all again next year!
Your Pal,
Santa Sheik
by Mark Smiley | Nov 21, 2014 | Main Articles
by Mark Smiley
Prominent Denver trial lawyer Danny Foster has had a contempt citation issued by Arapahoe County Judge Cheryl Rowles-Stokes that landed him in jail for a day overturned by a higher court who declared that Rowles-Stokes actions “were an abuse of discretion and in excess of her jurisdiction as a judge of the Arapahoe County Court.”
The case had become something of a cause-célèbre concerning abusive and incompetent judges in the Colorado judicial system. The jailing of Foster was subject of a scathing article by The Denver Post Editorial Page Editor Vincent Carroll.
F
oster had come to the defense of Jonathan Ogungbenle (see front page story of the September 2013 issue of the Chronicle) a substitute teacher and nurses aid who was wrongfully criminally charged with indecent exposure while working at a school in Aurora, Colorado. Without waiting to see whether Mr. Ogungbenle was in fact guilty of any charges, his state nursing-aid certification was summarily revoked.
In the civil case Foster obtained through discovery from the Aurora Public School system the files of the two student accusers. When he gave notice that he intended to introduce them in the criminal case, Rowles-Stokes, a former Arapahoe County prosecutor, became outraged. She demanded that Foster surrender to her all copies of the records although it was unclear how she could suppress the documents in the civil case which she had no jurisdiction over. Foster nonetheless provided all written copies in his possession.
In a subsequent hearing Foster noted that an electronic version existed in his computer which he could not turn over except by giving her the computer’s hard drive. Rowles-Stokes became unhinged and hissed, “When a Court orders you to turn over all of your records, that means all of yours in no matter what format they are in.” Foster apologized saying he did not understand that to have been her previous order.
Rowles-Stokes then planned her revenge. To the surprise of Foster she handed back the physical copies and then recused herself from the criminal trial. Ten days later Foster obtained a full acquittal for his client with the jury deliberating for only 20 minutes. But the celebration following the not guilty verdict was cut short when sheriff deputies barged into the court room and physically took Foster across the hall to another court room where Rowles-Stokes was waiting.
Without conducting a hearing Rowles-Stokes declared Foster’s conduct “s
o extreme that no warning was necessary.” She then found him in contempt and ordered him to jail immediately for one day. To the shock of his client Foster was handcuffed by the sheriff deputies and hauled to jail.
Following his day in jail Foster appealed Rowles-Stokes’ finding of contempt. While up on appeal Rowles-Stokes continued what some viewed as her highly unprofessional conduct. Under the applicable judicial ethics rules a judge is not to hear a case where one of the lawyers or his firm is an adversary party to the judge in an outstanding case. Nonetheless Rowles-Stokes refused to disqualify herself in another case where a man was represented by Foster’s law firm. Only when it became obvious that her conduct would once again be appealed to a higher court did she reluctantly relent.
On appeal Rowles-Stokes’ attorney admitted that she had violated the applicable law by not providing a warning or a hearing but argued that the case should be remanded back to her to conduct what would be a sham hearing and the possible imposition of even more jail time. The District Court on October 22 shot down Rowles-Stokes’ arguments finding that she had not conducted “a fair and proper hearing in the sense contemplated by our system of justice” and that “Mr. Foster’s due process rights have been violated by Judge Rowles-Stokes.” The court also refused to remand the case and vacated the finding of contempt.
While Foster is now in the clear, the problem is what some are calling a rogue and unfit judge remains on bench. As pointed out by The Denver Post’s Vincent Carroll the state’s checks and balances on bad judges do not work. Rowles-Stokes was appointed to the bench in 2012 for a provisionary two year term and was subject to a retention election this past November. But as predicted by Carroll she was retained despite two-thirds of the attorneys who appeared before her telling the Commission on Judicial Performance she was unfit.
The reason for her retention as Carroll pointed out is that citizens often vote to retain judges many know nothing about and they are only ousted when a concerted campaign is carried by citizens. Observers point out some of the worst judges in the Colorado judicial system are former prosecutors appointed directly to the bench like Rowles-Stokes since prosecutors’ sense of entitlement is only exacerbated by joining the judiciary. The Commission on Judicial Performance indicates that over the last 20 years, 99.3 percent of all judges subject to a vote have been retained including two-thirds of the judges the Commission found wholly unfit to serve on the bench. For the 2014 election the Commission found only three judges to be unfit to be retained and two of those were just like Rowles-Stokes, former district attorneys appointed to county court positions. Like Rowles-Stokes, both were retained by the voters.
Carroll noted that the citizens will regret having Rowles-Stokes on the bench “given her vengeful lack of perspective in Foster’s case.”
The victorious Danny Foster in turn hopes the decision will have a broader significance. “I am very happy about the decision,” said Danny Foster. “I hope it will teach Judge Rowles-Stokes, and others like her, to understand that they need to treat all people with respect, professionalism and courtesy, whether they be lawyers, witnesses or parties to a case. A courtroom is no place for intolerance and a judge, above all else, needs to protect our constitutional rights, not violate them out of anger or spite.”
Unfortunately, according to critics, Rowles-Stokes is but the tip of an iceberg that will continue to grow unless reforms are instituted regarding how judges are retained in Colorado.
by Mark Smiley | Oct 24, 2014 | Featured Stories & Advertisers
