In the history of American politics, elections and battles like what happened Tuesday, February 19, 2019, don’t really stack up, however it is unbelievably impactful when it comes to State of Colorado politics and stupid progressive ideology. State lawmakers announced they were abandoning plans to introduce a new law that would have allowed heroin shooting-up sites in Colorado. This may be Colorado’s version of Truman versus Dewey, Doug Jones versus Roy Moore, Donald Trump – Hillary Clinton, another great upset. In the world of military history, the Battles of Marathon and Agincourt are other upsets. Or how about this for you sports fans — MY 1960 Pittsburgh Pirates against your New York Yankees, the first Cassius Clay – Sonny Liston fight, the U.S. Olympic hockey team smacking the Ruskies. So you’re starting to get the picture.
I am amazed that now all the political and media power brokers who were advocating to bring in the insanity of heroin/meth injection sites in Colorado have overnight become victims. “And hence,” as Patsy Ramsey wrote, they are not the victims. Let me take you back to before the bell rang.
When Albus Brooks had a 12 to 1 vote in Denver City Council, all the power brokers and the dominant media were in favor of this insanity. The Democrats had just swept into office, they held the House, the Senate, the Executive Branch, the AGs office, Treasurer, Secretary of State, every position of power in the State of Colorado.
We — myself, Chuck and Julie, and Steffan Tubbs — work at a five thousand-watt directional AM radio station. In the media landscape we don’t exist. And we, with the power of a wonderful audience quite frankly kicked their collective asses. We went to the stream and got three smooth stones and dropped the giant Philistine Goliath/George Soros. And so now they’re the victims and we’re the bullies? Let’s recap.
On my next birthday I’ll be 76-years- old. My colleague Steffan Tubbs was a newsman and found his teeth, laid his ears back and rushed them in Vancouver. One of the smartest men I’ve ever known in my life, Chuck Bonniwell, is a novice at talk radio. And his colleague-wife, certainly the better half of the team, Julie Hayden, was basically one of the best investigative TV reporters in the city. This highly improbable team slew them, brought them to their knees, did ground and pound. Made them tap out.
And now as State Senator Brittany Pettersen threw the towel over the top rope signaling the end of the fight, we are the bullies. Do you believe that’s the outcome? They had Kyle Clark the crown prince of Channel 9, The Denver Post, 5280 Magazine, Complete Colorado, Colorado Inside Out, Westword, Susan Greene, little stooges like Jason Salzman, the whole Progress Now lineup, George Soros’ Open Society Foundation, the Republican establishment all lined up on us. And yet we’re the bullies, fear mongers and liars. Yet with the exception of Albus Brooks, not one of these bastards went up and walked down East Hastings Street in Vancouver.
They tell us they’ll be back. In the words of Joseph Stalin when speaking about the end of the Second World War in keeping Germany from becoming a whole nation again, “Let
them reunite and they’ll be at our throats in a generation.” Well, to Brittany, Kyle, Albus and company, we stopped you at the bridge, we’ll be waiting for you next time.
And they still haven’t gone to Vancouver to see the nightmare that we witnessed. Just like a Steven King novel the evil never dies. Count on them to come back with this insanity next year. We’ll see you then.
Audit Reveals Potential To Alter Files, Payment Records; Jeopardizing Justice, More Than 4,000 Cases Closed In Error by Glen Richardson
Claiming it “is a separate branch of government,” Denver County Courts initially refused to grant Denver Auditor Timothy M. O’Brien authority to audit the County Court System. Despite hiring outside counsel to dispute the right to audit, the Denver City Attorney’s office ultimately granted permission. Now completed, the audit of court operations reveals weaknesses in the court’s management of case files, as well as other administrative problems, but the court is refusing to go along with the auditor’s plan to make improvements.
Keeping Courts Honest: Denver Auditor Timothy M. O’Brien goes to court to keep Denver City-County Courts honest and managed properly.
The audit, led by O’Brien, CPA, found more that 4,000 case files closed in error. Equally as disturbing, in the current system personnel can alter case file and payment records without detection. Court management responsibilities lie with Terrie Langham, Denver County Judicial District Administrator, and Theresa Spahn, Presiding Judge of the Denver District Court. Mayor Michael B. Hancock appointed both, Wood in July 2017 and Judge Spahn in January 2017.
Court management is also relying on erroneous performance measures to make decisions. Out of more than 200 metrics Denver County Court reported, the audit found more than 100 do not have an established standard or goal. Thus the court is wasting resources and time compiling data for metrics with no meaning for the organization. “Due to the misaligned and inaccurate performance metrics, Denver County Court management risks not making appropriate oversight decisions or having an accurate picture of its operations,” O’Brien warns.
Cantankerous Court Audit: Audit of the Denver City-County Court System by the Denver Auditor’s Office is shown getting underway on Denver 8 TV. The Court System hired outside counsel to dispute Auditor’s authority but Denver City Attorney ultimately granted permission.
Cantankerous Court
County Court management, nevertheless, disagrees with many of the audit team’s recommendations regarding best practices for internal controls. O’Brien answers in response: “Court management states current policies, procedures and practices are sufficient; however, if that were the case, our audit team would not have found the problems reported in the audit.”
O’Brien initially had to seek a District Court ruling to grant him the authority to audit the County Courts. Previous auditors — who traditionally haven’t been CPAs — have conducted reviews of past court operations. The auditor’s office also made it clear that “it is unusual for the courts to have independent legal counsel rather than relying on the City Attorney’s Office to make a decision.” Nonetheless, City Attorney Kristin Bronson — in accordance with her charter duties — ultimately gave the go-ahead to conduct the audit. The County Courts, O’Brien’s office notes, had been aware of the pending audit since October 2016.
The Denver County Courts receive a $24 million appropriation in the city budget and generate $23 million in revenue. Denver laws require the auditor to conduct financial and performance audits and grant the auditor’s office access to city records, officers, employees and property in performance of those duties.
Case File Concerns
The audit found incomplete documentation in case files and more than 4,000 case files closed in error. Court management may also be using inaccurate information from performance metrics to make decisions. As a result, Denver County Court is at risk of not fulfilling its mission to administer justice in a fair, efficient and effective manner.
Keeping The Law: In accordance with her charter duties, Denver City Attorney Kristin Bronson gave the go-ahead to conduct the audit of City-County Courts.
Case files are at the core of court operations as they are where all records and documents supporting actions related to a case should reside. The audit found Denver County Court case files contained inconsistent and incomplete information, hindering the audit team’s ability to perform audit procedures.
“It’s disturbing to me that the County Court is not keeping the consistent records they need to support case files and track actions taken in court,” Auditor O’Brien says. “We found several case files with missing documentation of key courtroom actions including the suspension of fines and penalties, the cancellation and reinstatement of a protection order, and defendants’ acknowledgments of the terms of probation.”
Courtroom Troubles: Audit finds case files with missing courtroom action records including suspension of fines, cancellation and reinstatement of protection orders and terms of probation.
County Court has agreed to create specific rules to determine what records must be kept in case files. Court management plans to regularly review those case files, as well.
Altering Files, Payment
The audit work also found problems with how the court reviews closed case files.
“During the audit, we identified more than 4,000 improperly closed case files with outstanding fines.”
Seventy-seven percent of these errors happened when cases were either dismissed or transferred. The fees assigned to these cases should have been manually removed but were not, resulting in an approximate $24,000 overstatement of accounts receivable as of the end of 2017.
Corrupt Courts? Citizen concern grows as court management continues to ignore recommendations to improve operations and ensure justice for the people of Denver.
In addition, more than 300 cases were prematurely closed and should have been reopened. In other cases, the court had to issue refund checks for duplicative and overpaid fines.
Escaping Punishment
Court officials said they reviewed and addressed each of these errors; however, they did not share individual case-level information with the audit team for verification until after audit testing work had concluded.
“The court could be perceived as unfair if it closes cases inconsistently,” Auditor O’Brien believes. “Closing a case incorrectly could allow individuals to escape punishment, such as probation, community service, or payment of fines or compensation for victims.”
The audit also found a potential for misuse and errors in payment records. In the current system, personnel can alter case file and payment records without detection because the people who authorize transactions are also the custodians of the cash. The County Court’s cashiering staff is small, making segregation of duties difficult. However, the audit recommends a management review of audit logs and transactions to avoid possible abuse of the system.
Administering Justice
County Court also needs to update ordinances related to its operations. New national best
practices say fines and fees should not fund primary court operations including salaries and benefits. Although fees are currently being used in accordance with the current ordinance through two special revenue funds, the court should adopt the new principles, according to O’Brien. He says the County Court also needs to update outdated language in city ordinances governing the courts.
Further, court management chose not to prioritize certain IT-related controls. While there are many projects for the court’s information technology team, the audit identified significant areas of concern that should receive immediate attention. “We make these recommendations as a way to mitigate risks,” Auditor O’Brien explains. “If they aren’t addressed, these risks could potentially threaten the achievement of the court’s organizational goals.”
To ensure justice for Denver City-County citizens, O’Brien concludes: “The court management should listen to our recommendations to help improve their operations and to ensure they can complete their goals to administer justice for the people of Denver.”
In the printed edition of the February, 2019 Chronicle, we incorrectly identified the Denver County Judicial District Administrator as Kristin Wood. It is Terrie Langham.
Jamie Giellis, candidate for Denver Mayor, has announced the All Together Now Neighborhood Tour keeping her promise of her commitment to neighborhoods and mixed-use districts. Over the next several months, Giellis will visit all 78 neighborhoods across Denver to meet residents, listen and learn about the issues and opportunities of each neighborhood and share her leadership vision for the City of Denver.
Bus Tour: Jamie Giellis, candidate for Denver Mayor, has announced the All Together Now Neighborhood Tour which will pay a visit to all 78 neighborhoods in Denver. Photo courtesy of Anna Phillips Photography
Giellis kicked of her tour at Denver’s National Western Stock Show Parade of longhorn steers and she will be adding event locations at coffee shops, breweries and local businesses across the metro area. Meet Giellis outside at Park Burger in Hilltop on February 2 from 1 to 2 p.m., and South High School in Cory Merrill from 11 a.m. to 4:30 p.m. Find the full schedule of events at jamiefordenver .com and her Facebook page @jamiefordenver.
“Denver’s government is moving to enact legislation to manage its growth at a glacial pace, while the city is growing at break-neck speed,” Giellis says. “Infrastructure and inclusivity are falling behind at an alarming rate, and the neighborhoods are suffering most,” said Jamie Giellis. “A city is its people. Its neighborhoods. Without a plan that focuses on and protects neighborhoods, the very best of what Denver offers will be lost.”
Denver City Council Votes Against Proposed 3-story Condominium Project On Holly Street by Mark Smiley
In a stunning turn of events, Hilltop residents, led by Lise Uhrich through an intricate petition process, were able to force the Denver City Council to require a super majority in order to approve a 3-story, 23 condominium project earmarked for Holly Street in between Alameda and Cedar in the Hilltop Neighborhood. On January 7, 2019, the project passed with an 8 to 5 vote, one vote shy of an approval.
One Vote Short: The site of proposed 3-story, 23-unit condominium project is immediately to the south of Park Burger and Novo Coffee on South Holly Street. On January 7, 2019, Denver City Council only carried 8 votes to pass the rezoning application, one vote short.
According to City of Denver, neighboring property owners who oppose the rezoning may file a protest petition with the City Council no later than seven days prior to the City Council public hearing to trigger a super-majority vote requirement (as opposed to a simple majority) at the public hearing. Protest petitions require signatures from owners of 20 percent of the total land area within 200 feet of the subject property.
The required number of signatures were collected by Uhrich and the neighbors and thus required the super majority of the City Council. Mary Beth Susman, who represents District 5 where this proposed project sits, voted in favor of the development.
In a Facebook post she has since removed, Susman stated: “Last night I voted to support a re-zoning proposal in my district that would have given the neighborhood more control on the scale and design of the project. However due to super majority requirements, even though it was supported 8-5, it failed. Now the area that has a use-by-right for denser housing can be built with no input required from neighborhood or council.”
Under Fire: Councilwoman Mary Beth Susman voted in favor of the development on South Holly Street in her district and has received blowback from her constituents.
Susman continues: “Providing a variety of housing opportunities so people of different incomes have access to all our neighborhoods is an important goal for 21st century communities. Inclusivity leads to a diversity of ideas and problem solving and a community knitted together by geography rather than separated by income.
“I also believe in neighborhoods having some say about scale and character. Now we’ve lost both by denying this re-zoning. But I have a renewed commitment to inclusive neighborhoods like we built at Lowry and Stapleton with the participation of all voices.”
Local relator Denice Reich, who has been vocal in her opposition, disagrees with Susman’s assessment: “. . .the development lost 15,630 sq. ft. of space when its zoning change was voted down,” said Reich. “The developer will now only build on 10,209 sq. ft. This allows the other 15,630 sq. ft. to remain single family and allows the area to maintain some of its green space and keeps another unnecessary concrete monstrosity from being built.”
Denver City Council District 5 candidate Amanda Sawyer, who is opposing incumbent Mary Beth Susman in the May election, also sided with the Hilltop neighbors: “Community members expressed their concerns that the development would have towered over the single-family homes and one-story businesses on the block, and that it would have been out of character for the neighborhood,” said Sawyer. “Not to mention the safety and traffic issues at one of the main entrances to the Hilltop and Crestmoor neighborhoods. Because of community involvement, now what will be built on that property is 15-20 smaller condos that will provide housing opportunities for the ‘missing middle’ price point but add less density and — hopefully — fit better with neighborhood character.”
Other critics say this kind of project does not belong in the neighborhood, especially along Holly Street where 20,000 cars pass by each day according to a 2014 study. This study was done before the building that contains Park Burger was built.
So, a plan that was hatched early last year and moved through the process through most of 2018 is now off the board. Jason Lewinston, the developer for the project, will have his resilience put to the test. Currently, it does not appear he has enough support from the neighbors or the City Council to propose another project.
