by Charles Bonniwell | Oct 18, 2024 | Main Articles
Split Decision After Millions Spent And No Fine
by Charles C. Bonniwell
Another Defeat: Mohammad Ali Kheirkhahi one of the principals of MAK faced another defeat when the IEC declined to fine Mayor Mike Dunafon in the case MAK brought against him a decade ago in the IEC.
After a decade and millions of dollars spent, the Colorado Independent Ethics Commission (the “IEC”) has finally rendered a decision concerning a February 3, 2015, Glendale City Council meeting. The IEC ruled in a split decision that Glendale Mayor, Mike Dunafon, violated Colorado law when he failed to publicly announce at that meeting and two subsequent council meetings that his girlfriend of 15 years, Debbie Matthews, was his girlfriend, notwithstanding the fact everyone in Glendale and at the meeting already knew that fact.
The Council Meeting
Ms. Matthews had presented a development site plan for a marijuana dispensary next to the nightclub Shotgun Willie’s to the Council. She was the majority owner of both businesses. The IEC found that Mr. Dunafon did not have “a personal or financial interest” in Ms. Matthews’ businesses, nor did he “attempt to influence the other members of the Glendale City Council” regarding Ms. Matthews’ businesses.
But the majority of the IEC declared that Dunafon violated C.R.S. Sec.24-18-109(3)(a) in that he had a “personal or private interest” in Ms. Matthews, and therefore her businesses, and had to publicly declare and disclose that his long-term girlfriend Ms. Matthews was, in fact, his girlfriend.
The IEC declared that no fine would be imposed because of the violation.
In a dissent, Commissioner Cole Wist pointed out that there was no definition of “personal or private interest” which could mean virtually anything. He suggested that it had to mean a “pecuniary” interest. He pointed out in a small town like Glendale (pop. 4496) almost any matter will involve people council members know. Explaining in public any or all connections would be a monumental waste of time and always be subject to second-guessing by anyone unhappy with a decision.
The Backstory
One of the first questions asked by observers of the IEC is why this relatively simple, if strange, decision took the IEC a decade to decide and cost millions of dollars in attorney’s fees and costs for the parties to the litigation. The reason is that nothing in the dark and byzantine world of the IEC is what it appears to be.
The IEC was formed as part of constitutional Initiative 41 titled “Ethics in Government. It was the brainchild of multimillionaire, and now Governor, Jared Polis. It was sold to the voters as a way to strictly limit gifts and gratuities to elected officials. The limitations would be lightly overseen by an independent ethics commission composed of citizens appointed by different political bodies and officeholders.
The IEC was to have a very limited staff and very limited powers. But as with many bureaucratic entities, the IEC has over the years endlessly sought to gain ever expanding powers and potential control over a significant portion of the Colorado citizenry.
It has become a boutique place where political insiders can bring to heel their political enemies which have included the Colorado Secretary of State and even a Governor of Colorado.
Being a boutique operation, the IEC does not have to take any case it doesn’t want to. It can dismiss cases because of “lack of jurisdiction” or it being “frivolous” with no explanation for the decision.
The Glendale Case
Winning Resolve: Glendale Mayor Mike Dunafon and the City of Glendale continue to refuse to give into the tactics of the IEC.
The Glendale case in the IEC had its genesis in a political war started by the Iranian owners (MAK Investors) of Authentic Persian and Oriental Rugs at the corner of Colorado Boulevard and Virginia Avenue. MAK wanted to take the 5.4 acres of land it had acquired from its landlord and make a fortune by building huge skyscraper apartment houses and condominiums along Cherry Creek.
The only problem was the land was not zoned for such development and their project was widely opposed by Glendale residents. MAK, used to playing extreme hardball to get what it wanted, commenced a war with the town’s mayor, Mike Dunafon, and the City Council. MAK hired the powerhouse law firm of Ireland Stapleton to bring a myriad of highly expensive lawsuits in state and federal courts against the city. MAK also hired the far right-wing paramilitary group The Oath Keepers to march fully armed through the streets of Glendale to intimidate the citizens and then to march to City Hall to harass the mayor and city council at a council meeting.
The rug merchants also went to the Denver FBI, who were rumored to have informants and agents within The Oath Keepers, to see if it could get the federal government involved to pressure Glendale to grant the rezoning MAK needed for its skyscrapers.
MAK, after years of litigation, lost all of its lawsuits brought by Ireland Stapleton and the city continued to refuse MAK’s rezoning demands. But MAK had one more arrow in its quiver. Bernie Buescher, a lawyer at Ireland Stapleton, had been Acting Secretary of State of Colorado and was reputed to know how to use the IEC to attack political enemies.
MAK poured over the minutes of the meetings of Glendale City Council to try to find anything it could use for a complaint to the IEC. MAK came across the February 3, 2015, minutes and thought they could use it in the MAK battle plan to force a rezoning for its skyscrapers.
MAK brought its complaint to the IEC almost a decade ago.
IEC’s Interest In Glendale Case
The IEC itself had no real interest in MAK’s push to make Glendale rezone its property but took the case, and is believed, to be a political favor to Bernie Buescher. However, the IEC came to see the Glendale case and saw it as a vehicle to expand its power over home rule counties and municipalities in Colorado, which includes almost all larger cities and counties in the State.
The major impediment to the expansion of IEC power was the express provision in Section 7 of the enabling provision which states:
“Any county or municipality may adopt ordinances or charter provisions with respect to ethics matters that are more stringent than any of the provisions contained in this article. The requirements of this article shall not apply to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address the matters covered by this article.”
To get around this limitation to its powers the IEC came up with a strategy to accept cases against elected officials from small municipalities and counties that had their own ethics codes, since these entities do not have millions of dollars to fight off a claim of IEC jurisdiction over them.
Infamously the IEC went after County Commissioner Julie Cozad from a home rule county. To receive a plea deal, the IEC got her to concede the IEC had jurisdiction over the county.
The IEC then decided to accept a case concerning Dunafon as a mayor of a small home rule city assuming a small town like Glendale (pop. 4,496) would not have the resources to protect its own mayor on the jurisdiction question. But the IEC was badly mistaken as Glendale has an extremely large tax base for a small city and a history of fighting off governmental bullies like the IEC. Now, 10 years and millions of dollars spent, Glendale forced the IEC to make a ruling. Some IEC observers wondered why the IEC imposed no penalty against Mayor Dunafon even though it found a violation. Was the IEC trying to be magnanimous? The IEC was most likely anxious to penalize Dunafon to the maximum amount possible. But if it imposed a fine, no matter how small, its actions could be subject to review by the courts.
The IEC Wants To
Avoid The Courts At All Costs
The IEC has asserted that as the IEC was created by an amendment to the State Constitution, state laws and the state legislature have no power to constrain the IEC. The IEC asserts that no ethics rules apply, including the Colorado Open Record Act and Colorado Open Meetings Act. Thus, it believes only the Colorado judiciary could possibly limit its power grab and thus the courts must be avoided at all costs.
With a decision made in the Glendale case it would normally be subject to judicial review. But the IEC came up with an ingenious legal argument that the court could review decisions only in cases that the IEC imposes a penalty. In the Glendale case the IEC has argued that since it imposed no fine on Mayor Dunafon no court could review the Glendale case.
Ever More Litigation
Glendale does not intend to give in to such legal sophistry and now has brought an action under Section 106 of the Colorado Rules of Civil Procedure to a Colorado District Court on whether the IEC has jurisdiction over home rule cities.
Whatever the District Court rules, the decision will be appealed to the Colorado Court of Appeals and then eventually to the Colorado Supreme Court. Is decades of litigation and millions in attorney fees and costs what the Colorado voters envisioned when it approved the “Ethics in Government Act” in 2006?
Probably not, but as Lord Acton noted, power corrupts and absolute power corrupts absolutely. The IEC in seeking a form of absolute power is revealing how corrupt the IEC has become.
by Valley Gadfly | Oct 18, 2024 | Main Articles
Top-Notch Schools In Denver Don’t Come Cut-Rate; Nov. 5 School Bond On Ballot Seen As Passport To The Future
by Glen Richardson
Board Backs Bond: Denver’s School Board unanimously approved the $975 million DPS bond package on Aug. 15, 2024.
With temperatures hovering between 84°F and 87°F as Denver schools started in mid-August, the $975 million DPS school bond on the November ballot includes $240 to install air conditioning at 29 schools.
The proposal — which would not raise taxes — has $124 million budgeted for new school construction and new school buses. There is another $100 million allocated for upgrades to existing school buildings.
Civic organizations — including those previously critical of DPS at times — have endorsed the bond measure. Nonprofit Denver Families for Public Schools — their board is made up of charter school leaders — gave endorsement after discussions with DPS educators, graduates, and community members. Educate Denver — an alliance of local civic leaders — also added their backing.
Cooling Challenge
Voters should realize that the average Denver Public School building was constructed 56 years ago, a time when central air conditioning was uncommon. The age of many K-12 buildings make adding AC a difficult feat. Building plans for many aren’t available or are inaccurate. Moving equipment into school spaces that can’t be demolished are challenging. Furthermore, crews are often required to work night shifts during school years.
Construction work during the summer when schools are closed — called “summer slammers” are fast-paced, usually requiring 60-hour work weeks to complete before students return for the school year.
As Denver’s temperatures continue to warm-up, hot classrooms increase concerns about the safety and well-being of students and staff. The U.S. Department of Education says that temperatures above 79 degrees can pose health risks and adversely affect test performance and knowledge retention. Hot classrooms in Denver have forced DPS to declare “heat days,” causing them to cancel school during hot spells.
Safety Upgrades
Cool Cory Kids: Air conditioning would be added at Cory Elementary School on S. Steele St. in the Cory-Merrill neighborhood if the bond issue is approved.
As hate crimes and mass casualty events continue to endure in schools, parents and families will be pleased to know that the school bond includes $28 million for safety upgrades to Denver school facilities.
The proposed funding would allow DPS to purchase weapons detection and crisis communication systems for area schools. Moreover, secure vestibules would be added to 17 schools. Vestibules will feature controlled entryways, with a desk and a transaction window. School staff members manning the window will screen visitors before allowing them into the primary sections of the school.
Safety and security of students is one of the foremost needs, and most important provisions in the bond package, parents and grandparents tell school officials. Ensuring that students and staff can learn and work in a secure environment is simply a must. “It’s essential and imperative,” they assert and proclaim.
Upkeep, New Build
The measure includes $301 million for what DPS calls, “critical maintenance” at 154 buildings. The work includes mechanical, electrical, and plumbing upgrades, as well as general renovations.
Another $124 million would go for new school construction, plus new school buses. This would involve building a new elementary school and expanding another new campus by adding middle school grades. More: upgrades to existing school buildings adds $100 million. A new school-based health clinic plus upgrading existing clinics are included. It would also upgrade restrooms, cafeterias, and outdoor classrooms.
Proposed new technology is allocated $55 million. Funding will include classroom sets of Chromebooks for grades K-5, replacing student and teacher devices, and hotspots that allow students access to the internet at home. Specialized career and technical education programs such as aerospace engineering are allotted $51 million.
Tech Ed & STEAM
Safety Step-Up: Security vestibules with controlled entryways, and a transaction window would be added at 17 schools under DPS proposal.
Committed to graduating students that are career, college, and life ready, the bond has $51 million budgeted for technical education and STEAM (science, technology, engineering, art, and math) spaces. Included is $3 million to pay for elementary and middle school equipment across the district.
A major portion of the funding would add regional CTA or Career & Technical Education Centers. The centers will offer students programs that provide Industry Credentials. The new spaces will afford access to approximately 1,500 district students. The centers will focus on high-growth, high-wage careers within the Denver community.
The STEAM and CTE programming at Mile High elementary and middle schools will give students an early exposure to possible high-growth, high-wage careers. Funding will also allow for career and technical ed programs in aerospace, engineering, broadcasting, and plant science.
Theater, Sports
The bond measure also provides funds to upgrade and add new facilities to theater and sports facilities at Denver schools
Middle and high school stage upgrades, plus theater seating is budgeted at $43 million. $18 million of the amount will go to build a new auditorium at one campus.
Another $33 million will go for athletic facilities upgrades at Denver schools. Funds would pay for installing artificial turf, updating high school w
Stellar School: Opened at its present site in 1925, highly rated East High School is one of city’s many older schools that would benefit from the DPS school bond. Notable alumni include the Father of Nano-electronics Robert T. Bate, and singer July Collins.
eight rooms, replacing scoreboards, and adding lighting to athletic fields.
Mergers, Closing
The bond also adds nearly $3 million “to support school program movement, consolidation, closure, and other capacity needs from 2025 through 2028.”
DPS has closed 13 of about 200 schools since 2020 due to shrinking enrollment, driven by falling birth rates and rising housing costs, which continue to push families out of the city. The district. which serves about 88,000 students, has lost 5000 students since 2019.
On the bright side, Denver Public Schools’ graduation rate rose from 76.5% in 2022 to 79% in 2023, the highest rate for the state’s largest district in at least a decade. Its dropout rate remained the same at 3.8%.
by Valley Gadfly | Oct 18, 2024 | Main Articles
As Families, Friends Come Together For Thanksgiving 2024, Denver Rescue Mission, Food Bank, Many Others Need Your Help
by Glen Richardson
Turkey Trot: Wash Park is again hosting the Mile High United Way Turkey Trot on Nov. 28. Registration starts at 7:30 a.m., race begins at 9 a.m.
You gotta love Thanksgiving: Unlike Halloween, there’s nothing scary. Furthermore, unlike Christmas, there are no gifts to be purchased. Thanksgiving, of course is about expressing thanks. It’s a formal occasion to reflect on the year’s blessings and challenges, fostering a sense of gratitude and perspective. It’s a holiday that strengthens bonds and shared experiences among family and friends.
Thanksgiving always falls on the fourth Thursday in November. Arriving as early as Nov. 22, it can arrive as late as this year, Nov. 28. Furthermore, the holiday features fun and often free events, plus plenty of family-friendly activities. For many, it is also a once-a-year event when extended family members come together, bridging distances both geographical and emotional.
While an old-fashioned home cooked Thanksgiving is still common, in 2024, half of Americans are planning to eat out. This year 64% of respondents say they will get part or all of their holiday meal at a restaurant. Why? “It’s just easier.” Moreover, they say professionally cooked food is preferred. Many also believe it’s cheaper than buying all the ingredients to cook at home.
Dining Out Options
When this article went to press, OpenTable — the restaurant platform that helps diners make reservations and restaurants thrive — listed 10 local eateries open for Thanksgiving. Additional restaurants will announce Thanksgiving plans as the holiday draws closer.
Thanksgiving Feast: Local Jones restaurant in Cherry Creek’s Halcyon Hotel is serving Thanksgiving from 7:30 a.m. to 8 p.m.
Capital Grille: The eatery at 1250 Larimer St. is featuring slow-roasted turkey and gravy with Brioche Sage Stuffing. Also serving French Green Beans with Marcona Almonds plus Cranberry-Pear Chutney. Table is also served Sam’s Mashed Potatoes and Pecan-Crusted Sweet Potatoes with Hot Honey. Serving Pumpkin Cheesecake for dessert. Pre-order Oct. 31 to Nov. 7. Information: 303-539-2500.
Del Frisco’s Grille: Restaurant at 100 St. Paul St. in Cherry Creek North had not announced what was being served as this issue went to press. In past years they have served a three-course meal with roasted turkey breast. Information: 303-320-8529.
Edge Restaurant: Spend Thanksgiving at the steakhouse in the Four Seasons Hotel at 1111 14th St., serving a Thanksgiving buffet from noon to 8 p.m. Appetizers include an apple Waldorf salad and raw bar. Carving station has peppercorn crusted prime rib, bourbon maple glazed ham, and turkey roulade with sage pesto, served with spiced acorn squash and sweet potato casserole. Dessert selections from the Hotel’s pastry chef include pumpkin pie parfait, an apple pie cone, or brown butter sage tart. Information: 303-389-3050.
FIRE: Restaurant in the ART Hotel at 1201 Broadway is featuring a Thanksgiving Buffet Nov. 28, 9 a.m. to 3 p.m. Serving all your favorites including roasted white and dark meat, sourdough stuffing, whipped potatoes with country gravy, and green beans, plus cranberry sauces, pumpkin pie, and desserts. Information: 720-709-4431.
Local Jones: Located in the Halcyon Hotel at 248 Columbine St., restaurant is serving Thanksgiving from 7:30 a.m. to 8 p.m. Chef is doing all the cooking and baking, including two special pies: Butterscotch Pumpkin Pie and Pecan Pie. Information: 720-772-5022.
Banking On Food: Support Food Bank of the Rockies by donating time and funds to the region’s largest hunger-relief organization. Photo by Joel Fischer.
Toro Latin Kitchen: The Pan-Latin eatery with Asian influences in Hotel Clio at 150 Clayton Lane in Cherry Creek is serving Thanksgiving from noon to 4 p.m. From starters to desserts, you’ll enjoy the prix fixe Thanksgiving menu featuring an Achiote-marinated Turkey Breast, accompanied by creamy mashed potatoes and drizzled with a cranberry and port wine demi-glace. Information: 303-253-3000.
Turkey Hamburgers: You don’t have to wait until Thanksgiving to enjoy turkey. The long- running Cherry Cricket at 2641 E. 2nd Ave. in Cherry Creek North serves Turkey Burgers every day. Information: 303-322-7666.
Turkey Sandwiches: Sam’s No. 3 in Glendale at 435 S. Cherry St. serves a triple-decker Turkey Sandwich and an Open Face Hot Turkey Sandwich every day. Information: 303-333-4403.
Ditch The Turkey: Want a change from turkey this Thanksgiving? Ace Eat Serve located on the corner of 17th Ave. and Pennsylvania St. in mid-town, serves Whole Peking Duck on Thanksgiving. Information: 303-800-7705.
Turkey Day Doings
Hip Holiday’s Parade: The 98th Annual Macy’s Thanksgiving Day Parade will again be broadcast by NBC from New York City on Nov. 28.
51st Mile High United Way Turkey Trot: Event is at Washington Park, Nov. 28, registration begins at 7:30 a.m. Opening ceremonies are at 8:45 a.m., followed by the first of four start waves each half hour beginning at 9 a.m. The Lil Gobbler Family Fun Run starts at 10:40 a.m. There is also a Lil Gobbler Family Zone at the Finish Village.
Pumpkin Pie 5K & 10 K: Races are at City Park, on Saturday, Nov. 16, beginning at 9 a.m. Finishers get a slice of pumpkin pie among Thanksgiving goodies.
Gobble, Gobble, Give
Denver Rescue Mission: Expects to serve 290,000 meals this holiday season, 5% more than in 2023. Also anticipates serving more than 3,039 Thanksgiving-Banquet-in-A-Box meals, plus serving another 1,000 meals to guests at the Mission on Thanksgiving Day. Information: 303-297-1815.
Epworth Foundation: Honoring Daddy Bruce Randolph, Foundation will pass out Thanksgiving Baskets on Nov. 17th starting at 9 a.m. More than 5,000 baskets are expected to be passed out to 40,000 individuals. Baskets weigh about 45 lbs. and are designed to feed a small family. Information: 303-296-6287.
Food For Thought: Consider donating time, food, and funds to help the Denver Rescue Mission or other groups feeding the hungry this year.
Food Bank of the Rockies: Providing food to the largest area of the United States, volunteer or give funds. Bank procures and distributes food to more than 800 partners in Colorado-Wyoming. As the largest hunger-relief organization in the region, donations go further through partnerships. Information: 303-371-9250.
Project Angel Heart: Organizing the largest-ever Thanksgiving delivery on Wed., Nov. 27, 400 volunteers are needed. They also need volunteers on Nov. 25 to chop veggies and prepare and pack meals. Also, please donate to cover a special Thanksgiving meal. Information: 303-830-0202.
Samaritan House: Catholic Charities Shelter is hoping to have 15,000 turkeys donated this Thanksgiving. Another 3,000 Thanksgiving Banquet-in-a-Box meals will be distributed. Church supplies turkeys to 140 additional churches, schools, and non-profits. A special Turkey Drive event is being held at Red Rocks Church on Nov. 23, 10 a.m.-1 p.m. Information: 303-294-0241.
by Ashe in America | Oct 18, 2024 | Feature Story Bottom Left
ASHE IN AMERICA — OPINION
Judge Matthew Barrett
What happens to those who challenge corruption in Colorado government? In the case of Tina Peters, it’s nine years in prison and more than ten thousand dollars in fines. Peters was sentenced on October 3, in a dystopian circus that quickly went nationally viral.
The government — local, state, and federal — worked together to make an example of Peters, the former duly elected Clerk and Recorder of Mesa County, cobbling together alleged violations of COVID-19 emergency rules and pre-2022 office norms to send a message that government authority is tiered and absolute in the Centennial State.
Peters is currently in custody in Mesa County as she appeals the case. She has retained the Wynne Law Group for her appeal. In response to request for comment, Michael Wynne stated, “There are substantial grounds for appeal. The most glaring is the disproportionality of the sentence imposed. And that is before we even get to the merits and the defenses not presented to the jury.” They are expected to make filings related to the appeal in the near future.
During the trial, Peters was prevented by Judge Matthew Barrett from speaking about her intent; the explosive findings from the Mesa County images analysis were also prohibited from being presented for the jury’s consideration. This is because, in pretrial motions, the judge determined that why Peters did what she did was irrelevant to the jury’s consideration about the innocence or guilt of what she did.
That could, and maybe should, have been the end of the story on “election denialism,” and it certainly was as it pertains to the jury’s consideration of evidence and testimony and to their verdict. But in a stunning move at sentencing, Judge Barrett placed himself in judgement over the why — despite prohibiting a fair examination of the same.
“…you’re a charlatan who used and is still using your prior position in office to peddle a snake oil that’s been proven to be junk time and time again.”
This judge — like so many others across the nation — refused to allow a hearing of the evidence about whether Peters’ curiosity, which later turned into concern, was founded. That decision may be legally sound as pertains to Peters’ trial, but Barrett reveals with this statement that he’s already determined the truth of the matter of evidence he refused to consider.
And he relied upon that out-of-court determination in her sentencing. That’s astounding. It gets worse.
“No one in this country has absolute power. Your position as a clerk and recorder, a constitutional position, does not provide you with a means by which to do your own investigation, to not listen to the judiciary, to not listen to the executives higher than you, to not listen to the legislature who sets the law as it may be. This is nonsense. Our system of government can’t function when people in government think that somehow, some way, the power they’ve been given is absolute in all respects.”
It’s hard to make the case that Peters believed she had absolute power. Peters’ only crime is being deceptive with the Secretary of State’s office. At the time, Peters — an official elected to a Constitutional position — believed that the Secretary of State’s office was about to engage in a crime. Her actions were in that context… a detail that was not allowed to be heard by the jury.
Barrett’s stated position appears to declare that Peters had no right, and certainly no recourse, to question the Secretary of State’s office. His carefully crafted statements declare, before Colorado and the nation, that government consensus is not just above the law, but above scrutiny and unable to be questioned.
In other words, public trust is officially mandated. Trust the government or face a decade in prison.
If the government cannot be questioned, corruption will thrive. Opacity, obstruction, and political persecutions are, historically, signals of corruption. All of these elements are glaringly present in modern American democracy, certainly in Colorado, and not just when it comes to questioning the election apparatus.
Consider migrant response, the tax crisis, out of control homelessness, and rising crime.
The people responsible for our current reality — the governing authorities, their public/private partnerships, the NGO infrastructure, and their media lapdogs — are working overtime to convince you that Tina Peters, and anyone else questioning their authority, are the gravest threat to “our democracy.”
That should be enough to make you question what they mean by “our democracy.”
Ashe in America is a writer and activist. Find all her work at linktree.com/ashein america.
