Walmart Stores, Inc., the parent company of
retail behemoth Walmart, is suing half the counties in Colorado to lower its
property tax bills based on a shady legal idea known simply as the “Dark Store
Theory.”
Largest Retailer: Walmart has 96 locations throughout Colorado, making it the largest retailer in the state.
The theory says that the property value of
a closed down big-box retailer store should be tied to the traditional real
estate sales approach, where valuation is determined by the stores surrounding
it. Under this theory, a Walmart store that is listed for sale for $11 million
while a Hobby Lobby nearby is on the market for $5 million would be overvalued.
But assessors argue that this theory
completely misconstrues what gives a property its value: location. Walmart has
a long history of opening stores in areas that are strategically important to
the company, whether it provides logistical efficiency or a larger labor pool.
This strategy makes the company’s property more valuable because of the
web-like network that comes with it.
Walmart contends that its business
practices should not weigh into the valuation of its stores, and that argument
has gained little traction recently. In July, Colorado’s Board of Equalization
(BOE), the agency that sets property tax values across the state, denied
Walmart’s property tax complaint. This rejection prompted the retailer to issue
its lawsuits in county courts.
In August, a judge in Pulaski County,
Arkansas, rebuked Walmart’s argument that the company should pay fewer property
taxes because their stores are retrofitted to the company’s specific needs and,
therefore, cannot fetch a fair price on the open market.
The case in Pulaski County concerned a 2017
tax assessment of $145 million between Walmart, Sam’s Club, and Neighborhood
Market. Walmart tried to reduce the total assessed property value to $93.8
million, and then slashed the value to $74.3 million, a 48 percent drop.
Opponents argue that if Walmart prevails in
this argument, then the value of an empty store would be set by a vacant lot in
a different state.
Walmart’s Littleton-based attorney Brian
Huebsch tried to find a way around this impasse by arguing that Colorado county
assessors did not account for the store’s 24-hour operability into their
valuations. This causes the company to replace items such as cash registers and
furniture used in daily operations more frequently than other businesses.
Huebsch declined requests to comment on
this story, saying that he doesn’t comment on open cases.
The lawsuit also argues that Walmart is
experiencing difficulty reselling these items because other retailers are
closing, thereby reducing demand and value of the goods.
La Plata County’s assessor Carrie Woodson
told The Durango Herald that she and her staff have not seen evidence of
Walmart reselling its property, despite monitoring the company’s operations for
several years. In fact, Woodson asserts, she believes Walmart is actually just
throwing away their damaged products, making them fully exposed to being taxed.
Over $4.5 million in school district
funding was at stake in the Pulaski case while only $20,000 is at stake in La
Plata.
In Arapahoe County, Walmart sought to
recoup nearly $29 million in property taxes on eight stores located in Aurora,
Centennial, and Englewood. The company argued that “economic depression” of its
furniture and point of sale systems (POS) warranted a 25 percent reduction in
its tax value. Arapahoe County ended up settling the case with Walmart for a
12.8 percent reduction in its tax assessment, essentially handing the company
$14 million.
Other assessors, both in and out of
Colorado, are saying that this tactic is a symptom of a larger disease
spreading throughout corporate America. Namely, that megacorporations are
attempting to use their financial might to beat small counties into submission
in order to lower their property taxes.
One study by CityLab found that over 230
similar property tax claims have been filed across the U.S. since 2015, most of
which ask for a 50 percent reduction in tax assessments. However, a majority of
the claims were settled for 15 percent reductions because counties simply
cannot afford the cost of litigating the claims for as long as corporations
can.
Smaller counties typically feel the brunt
of this argument because of their fiscal constraints. However, all 32 Colorado
counties currently have plans to defend each other when the lawsuits are
brought before a judge.
Walmart brought in over $514 billion in total revenue, and employed over 2.2 million people across the country in 2019. The company earned a gross profit of $126 billion from its revenue. This represents a two-percent increase in profit from 2018. Walmart’s gross profits have increased every year since 1995.
True Food Kitchen: Outside True Food Kitchen in Cherry Creek. Image by Jessica Hughes
A national chain that has found a home in
Denver’s Cherry Creek shopping district, True Food Kitchen is a casual, yet
chic, healthy dining option. With earth-like elements including green chairs, a
butcher block bar, and speckles of greenery at each table, you can’t help but
feel good about eating here. Offering both seasonal dishes and staple items,
patrons will enjoy a full menu of soups, salads, pizza, bowls, burgers and
sandwiches, and an assorted mix of healthy entrees. Even their cocktail menu
leaves little guilt on the table with their Beets by Jon (organic vodka, red
beet, lemon, and pineapple) and their Juniper Rose (rose-in-fused gin, lime,
grapefruit, thyme). Vegan, vegetarian, and gluten-free options available.
Try: Spicy Panang Curry ($14)
Vital Root — Location: 3915 Tennyson St.
Vital Root Outside: Vital Root, located in Denver’s Berkeley neighborhood.
Vital Root: Sunflower Risotto at Vital Root.
Found in the hip and trendy neighborhood of
Berkeley, Vital Root is a local food company committed to providing nutritious
and delicious food. The multi-level modern space, filled with botanical art and
good, clean food, offers both weekend brunch and an everyday menu, plus grab-and-go
food options and a happy hour you can feel good about with their $4 juice of
the day. Using ingredients such as coconut, dates, sunflower and avocado oil,
and ancient grains, their food is designed with the healthiest ingredients as
possible. Dedicated to those with food allergies and dietary restrictions, an
outdoor sign asks that no outside food or drink be brought indoors as they
operate a gluten-free kitchen.
Try: Sunflower Risotto ($13)
Vert Kitchen
Vert Kitchen: Salad du Marche at Vert Kitchen.
Location: 704 South Pearl St.
Nestled between the homes of North
Washington Park, Vert Kitchen offers a small café space with big flavor.
Serving up lunch and brunch options made with organic and locally sourced
ingredients, you will no doubt feel good about what you are eating. Everything
is made in-house using French cuisine techniques, 100% organic produce, plus
all-natural and sustainable meats and dairy. Take a sip at the café and bar for
freshly brewed coffee, natural wines, and premium beers. Enjoy your meal
indoors in their cozy café atmosphere or take yours outside to their backyard
patio-filled, with green and garden elements.
Try: Salad du Marche ($16)
Green Seed Market
Location: 2669 Larimer St.
Located inside the Denver Central Market,
Green Seed Market is a neighborhood market with a twist. Pick your poison of
fresh vegetables and fruits for purchase or order a custom soup, salad, veggie
bowl, acai bowl, smoothie, or fresh juice to take home with you. With a focus
on offering the produce of the season, Green Seed Market is dedicated to bringing
foods to the neighborhood most would not find at their local grocery stores.
Try: Gangsta’s Paradise ($9.50)
Whole Sol Blend Bar
Whole Sol Blend Bar: Fresh juices from Whole Sol Blend Bar.
Location: 1735 Chestnut Pl.
Home to Denver and Boulder’s only USDA
certified organic juice bar, Whole Sol offers a fresh twist on healthy foods.
100 percent dairy free, gluten-free, and organic, you can feel confident what
you order is good for your soul. Known for their smoothie bowls and
cold-pressed juices, you can’t go wrong with either. Don’t want to eat it as a
bowl? Just ask and they will turn your bowl into a smoothie. Take your bowl to
the next level with additional add-ons including their own Newtella, greens,
granola, and plant protein.
Try: I Like You Matcha ($10)
Just Be Kitchen
Location: 2364 15th St.
A haven for the food conscious, Just Be
Kitchen serves up 100 percent gluten-free, soy-free, and grain-free food
options that cater to Paleo, Whole30, Keto, and AIP friendly diets. A seasonal
menu offers breakfast, brunch, and dinner options. Plus, an entire menu
dedicated to the Whole30 diet, including its very own bone broth bar. For
sipping, try a gluten-free beer or a crafty cocktail using reduced grain-free
spirits.
Try: Radiant, sweet potato gnocchi ($12.50)
Mercury Café
Location: 2199 California St.
Get a mix of it all at the Mercury Café.
Known for its dance lessons and live music, the restaurant has also made a name
for itself for its fresh organic dishes. Everything on the menu is gluten-free,
except the bread. Get down this year with organic foods and a dance lesson or
two.
Try: Pagan Vegan Plate ($10)
Superfruit Republic
Locations: 7483 E. 29th Pl. &
1776 Broadway, Suite 115
A fast-casual café, Superfruit Republic
serves up tasty acai bowls packed with the nutrients a healthy body craves.
With two locations now in Denver, visitors can choose from organic acai bowls,
fruit smoothies, and fresh juices. Add a boost to your bowl or smoothie with
coconut flakes, goji berries, or any fruit/nut blend.
Try: The Blueberry Pumpkin (large bowl
$9.50)
Watercourse Foods
Location: 837 E. 17th Ave.
Catering to vegans everywhere, Watercourse
Foods serves up what they call “vegan comfort food.” With their fresh
ingredients prepared daily and friendly atmosphere, they make eating healthy
easy to do. With an extensive breakfast and brunch menu, plus salads and
sandwiches and dinner entrees, visitors can eat healthy all day long. Don’t
forget to wash your food down with locally brewed kombucha on tap!
Try: Za’atar Eggplant ($16)
Vitality Bowls
Location: 2702 E. 3rd Ave., Denver, CO
80206
A national chain restaurant, Vitality
Bowls, offers a location in Denver’s Cherry Creek shopping district. With
smoothies, bowls, salads, paninis, soups, and juices, there are options for any
meal of the day. Their signature bowls and smoothies are made with the best
ingredients available and do not include fillers like artificial preservatives.
Gluten-free options are available.
It’s been over 50 years since Ed and Connie
Thomas first met here in Denver, nearly 47 years since they bought their first
and only home together, and 25 years since Connie was diagnosed with
progressive multiple sclerosis.
Friends Of The Family: From left, Barbara Betcher, Ed Thomas and Ashlie Woods.
The first 15 years after the diagnosis
Connie seemed to be doing okay, but eventually the disease advanced to the
point where she couldn’t work and had to retire. While Ed took care of her in
the beginning of her diagnosis, he could no longer handle the responsibility of
caring for his wife. He had to make the difficult decision to move his beloved
Connie into an assisted living facility, and soon the house became too much for
one man. So, he resolved to sell their family home.
A former Denver City Councilman, a police
officer of 23 years with the Denver Police Department, and former editor of the
Glendale Cherry Creek Chronicle, Ed Thomas has played an important role in the
Denver community. With his decision to move, he soon found himself seeking
support from the community that he helped serve and protect for so many years.
Friends of the family, Ashlie Woods and
Barbara Betcher, two brokers from the local Denver real estate firm Leonard
Leonard & Associates, stepped in to assist Ed with the sale of his home.
Woods and Betcher, who have known Ed for over 20 years, told him, “we’ll get
you through this and we’re ready to help in any way we can.”
Woods and Betcher were there from the
beginning, in 2016 when the decision was made to move Connie into assisted
living, for not only the physical process of moving but the emotional process
as well.
“They took control of the entire process
and did everything that needed to be done. I was a basket case, and they
handled everything,” Ed recounts. The decision to sell did not come easily.
Ed’s home meant, and still means, everything to him. It’s where he spent his
adulthood raising his family, a son and a daughter, and where he welcomed home
his three grandchildren. It is the only place he had known for years.
The Thomas Home: The family home at 7th and Cook — purchased in 1972.
Woods describes the entire process as “a
hands-on project, from beginning to end.” First, they needed to clear out the
house and downsize Ed’s belongings. Ashlie took the time to walk through with
Ed, often a couple times a week, to determine what needed to go and what he
could keep.
Next, Woods and Betcher needed to get the
house in shape and ready to show. They began with making small repairs
including updating the flooring, plaster fixes, and other jobs to ensure the
house was in saleable condition. They hired a staging company, while Betcher
helped with most of the staging.
Thomas proclaims, “It was absolutely
perfect and spotless.” So much so, that the first weekend the house went up for
sale, one of the first couples to walk through the door said, “We’ll take it.”
The house went under contract quickly,
selling for asking price the first weekend it was on the market.
With the quick sale of his home, Thomas
needed to move, and do it soon. When moving day came, Woods was there, stepping
in for his daughter, who could not be there to help. Without hesitation, Woods
assumed the role and offered her help.
Family Photo: Photo taken just after Connie was diagnosed with MS.
In helping find Thomas a more permanent
home, Betcher found the condo Ed resides in now, making sure he didn’t overpay
and negotiated the best deal for him.
Woods describes Thomas as a “real trooper
throughout this whole process.” With just his son here in Denver, Woods and
Betcher assumed the role of family and not just the professionals they are.
Taking the lead throughout the entire
process, Woods and Betcher went above and beyond what was required of them, all
without taking a commission for three years worth of work.
While life didn’t quite turn out as
expected, Thomas feels blessed to have his wife still with him despite this
disease. He is grateful for his life and what it has afforded him and is
appreciative of the community that gathered around him in a time of need.
Simply put, “You don’t get that lucky in
life very often,” Thomas expresses with gratitude.
Thomas says he would not have survived this
situation without his children, Betcher, or Woods. And for those who find
themselves in a similar situation, Thomas shares this sentiment: “Cherish the
love of your family and friends because one day you will need them.”
Strong Family: A family that has stayed
together with the help of their community.
The Long-Term Viability Of Fast-Delivery Denver Apartment Buildings
by Luke Schmaltz
The Crane: Denver’s unofficial national bird.
Although the official Colorado state bird
is the Lark Bunting, it has seemingly been replaced across the greater Denver
metro area by the crane. For the past several years, the Mile-High City skyline
has become increasingly dotted with these towering industrial effigies — as
long-standing, recently demolished structures are replaced with mid-rise odes
to blandness. These rapidly erected residential buildings have earned
disparaging nicknames from journalists and pedestrian critics alike such as
fugly, McUrbanist, fast-casual architecture, contemporary contempt, LoMo (low
modern), blandmarks and spongebuild squareparts.
A New Development
More Cranes: The skyline at a familiar downtown Denver intersection undergoes alteration.
In 2015, Denver adopted the International
Building Code (IBC) which allows for podium-style mid-rise residential
buildings to be primarily constructed of wood rather than concrete and steel.
The new code meant that a two-story concrete base known as a “podium” could be
vertically succeeded by up to five levels of wood-framed construction. This, in
turn, opened the door for a host of money-saving dynamics such as unspecialized
labor, cost-effective raw materials and quicker completion timelines.
A Nationwide Trend
This generic approach to residential development is not unique to Denver, rather, it is a trend rearranging the personalities of inner cities from Seattle to Austin and Minneapolis to Charlotte. The rising costs of land, labor and certain building materials has made wood framing the default method of construction — allowing for the creation of a business model with an attractive bottom line even though the product itself is anything but.
Supply And Demand
Competing For Space: A crane competes with the Millennium Bridge for skyline space near Denver’s Confluence Park.
According to The Denver Post, area
developers had 26,916 apartment units under construction at the end of 2018,
with a projected minimum of 12,000 units to be built every year for the
foreseeable future. This number is dwarfed by projections from Cary Bruteig,
owner of Denver’s Apartment Insights, a data reporting company that expects
2019 apartment construction to render upward of 25,700 units in 2019.
The phenomenon of cheaply resourced,
quickly erected residential structures gives rise to the issue of longevity.
Will these light-frame, wood fortified dwellings with flat window facades and
multi-colored exterior panels maintain their appeal at the same price point
into the next decade? A surging demand for affordable housing meets that
question with a resounding “yes.” Yet, in the event of a recession or if cheap
construction proves to fail the test of time, these aesthetic atrocities may
prove to be the 21st Century equivalent of 19th century balloon-frame buildings
— which were defined as being poorly maintained, substandard housing for the
lowest social rung of tenancy just above homeless. Lest history forget, these
structures were reduced to ash in tragic events such as the San Francisco Fire
of 1851 and the Great Chicago Fire of 1871.
The Price Of Cost-Effective Construction
While lack of aesthetic appeal and inflated
prices brought on by high demand are obvious drawbacks, economically built wood
frame construction buildings also carry several subsurface concerns. Structures
of this sort are susceptible to moisture being drawn into wall cavities, where
it can become trapped and foster wood rot due to humidity and the growth of
mold. The latter, in turn, can cause allergic and asthmatic reactions from
occupants. Wood framed buildings are also known for attracting termites, having
low thermal mass (ability to retain heat), offering poor sound insulation
between units, being vulnerable to fire damage and emitting volatile organic
and chemical compounds which diminish indoor air quality.
Distractions Abound
Prominent: Not a Lark in sight, yet the crane is obtrusive.
In a preemptive strategy to counter this
possibility, many developments are attracting top dollar clientele by offering
deluxe, high-end amenities. Luxuries such as on-site car washes, dry cleaners,
full-range fitness centers, work-from-home office areas, dog runs, complementary
weekend brunches and valet trash services aim to disguise the fact that most
tenants are living in identical boxes built by unskilled workers laboring at
breakneck speed. These overpriced cookie cutter domiciles include few, if any
features which discern one unit from another and zero signs of craftsmanship,
personalization or style. Many excited tenants, however, are far too distracted
by innovative diversions such as goat yoga, Zen gardens, tanning beds,
old-school video arcades, bowling alleys and free beer.
High-End On The Rise
An abundance of amenities, perks, on-site
attractions, as well as the inimitable allure of being the first tenant in a
new apartment, all add to the exorbitant rental prices brought on by a high
demand for housing. A new rental in a high-end downtown Denver facility can run
pretty high — such as $7,000+ for 1,324 square feet at Union Denver to $15,000
or more per month for a penthouse suite at The Confluence. Of course, not all
rates are mouth-droppingly Manhattan-esque, as many units appeal to a more
philistine price point such as a studio at The Verve on Delgany for just $1,563
or a studio at the Country Club Towers on Bayaud for a mere $1,855.
A Long-Term Diagnosis
The professional opinion of master
carpenter Richard Welker sheds some long-term light on the subject of
sustainability. Welker, a longtime Denver resident who recently relocated to
Portland, has personally worked on hundreds of wood-frame apartment units. He
attests “lumber isn’t what it used to be, but long-term, you can always repair
the guts of something that is made of wood. Theoretically, if stringent
maintenance protocols are followed, these buildings could last a really long
time.” This statement clearly places long-term viability on building owners and
managers, and whether they continue to be inhabited long after their new veneer
has worn away depends on what, if any, aesthetic taste tenants may have.
Plainly put, if people are willing to pay to rent dwellings that are ugly and
overpriced, they will continue to dominate the rental marketplace and the
skylines of inner city, U.S.A.
Residents in the Huntington Estates neighborhood are crying
foul that two doctors are allowed to allow their property to continue to be in
disrepair and neither the neighborhood covenants nor Arapahoe County can stop
them.
No Response: Members of the HOA leadership team have tried to contact the Brauns on numerous occasions about the property but they have not received a response.
“All of us are tired of looking at the dilapidated and
unoccupied house,” Dick Pond, the treasurer of the neighborhood Home Owners
Association, told the Glendale Cherry Creek Chronicle in an email. “The HOA and
a few neighbors have tried to contact the Brauns about it, but we keep getting
the same answer, that they’ll be selling it soon.”
The owners, Tom and Carol Braun, left their house on East
Evans Way 15 years ago after purchasing a bigger home on the other side of the
neighborhood. Now, their old house sits on a plot of dead grass and overgrown
shrubs. Bits of glass from the windows litter the yard.
Pond and other members of the HOA leadership team have tried
to contact the Brauns on numerous occasions about the property. They’ve also
sent letters to their new residence warning the Brauns that if they hold on to
the property too long they might miss out on the wave of rising home values in
the area.
“Values in the city and our local area are on the rise and
several families in the neighborhood are trying to sell or will be soon,” one
letter dated April 28, 2013 reads. “This could again be a lovely home, if only
it were occupied and maintained. However, many solar panels are missing or
broken, gutters are falling off or missing, and the front yard is dirt and
weeds.”
The Brauns did not respond to repeated requests for comment
for this story.
Power Of Association
Broken Windows: Bits of glass from the broken windows litter the yard of the Brauns’ ome on East Evans Way. The Brauns abandoned their home 15 years ago.
State laws generally give HOAs vast powers to control the
aesthetics of their neighborhood. Each county adopts their own laws regarding
the powers of these associations as well.
However, those laws are only enforceable if the HOA is
registered with the state. HOAs that make more than $5,000 per year are
required to register with both the Department of Regulatory Agencies (DORA) and
the Director of Real Estate (DRE). Those making less than $5,000 annually only
register with the DRE and are not held to the same standards of reporting.
Huntington Estates’ HOA is informal, as resident Paul Hanley
describes it. While this structure may benefit homeowners in that there are no
monthly HOA dues to pay, it also makes it difficult to take decisive action
against the Brauns.
“The covenant governing the neighborhood was written back in
the 1960s, and it’s weak compared to today’s standards,” Hanley said. “But,
this is what happens when you don’t live in a municipality. You may pay less in
taxes, but you get less government in return.”
Residents have contacted Arapahoe County about the Brauns’
house many times, but the County’s answer is never simple. Since Huntington
Estates is located in unincorporated Arapahoe County, local ordinances don’t
carry much weight. Instead, the county relies on the principles of fairness to
adjudicate disputes among neighbors.
“They’ve basically told us that because the farmers and
ranchers nearby can allow barns and other structures on their property to
dilapidate, then so can homeowners in Huntington Estates,” Hanley said.
Hanley also admitted that some residents had discussed
attempting to strengthen Huntington Estate’s covenants, but doing so requires a
unanimous vote among homeowners.
“It would really just be more trouble than it’s worth,”
Hanley said.
Living Trust
Abandoned Home: This home in the Huntington Estates neighborhood has neighbors upset as two doctors abandoned their property in 2004 and have allowed it to be in complete disrepair. Neighbors are concerned for their property values as some gear up to sell their property.
According to Arapahoe County property tax records, the Brauns’
house is currently owned by a living trust in Carol’s name. Typically, wealthy
homeowners put property into living trusts if they plan on passing it on after
death.
Some residents worry that there may be a financial incentive
for the Brauns to let their property dilapidate, and that this incentive could
negatively affect their home values.
“Many neighbors have expressed concern about your disregard
for the condition of the abandoned house and about the market values of their
own properties as a result,” the HOA letter reads. “In addition, the community
is concerned about any potential health or environmental impact as a result of
the continued declining condition and lack of care for the property.”
Colorado is one of 38 states that doesn’t charge an estate
tax. Even so homeowners can still be charged a federal estate tax after their
death. Under prime circumstances, married couples can protect up to $22.28
million under the federal exemption guidelines. A single homeowner can protect
an estate valuing up to $11.18 million, according to the IRS.
By allowing their home to dilapidate, the Brauns could avoid
paying estate taxes all together. They currently own two homes, one of which
was purchased for just under $600,000 while the median home value of the
neighborhood is close to a half-million. Factor in a few savvy investments and
they could be leaving behind a nice nest egg with no tax burden.
However, the majority of the neighbors just want the problem
to go away. They’re tired of seeing the home slowly crumble while homes that
are near it have had a tough time staying full.
“This is really a case of buyer beware,” Hanley said. “We’re
basically subject to the goodwill of our neighbors on this one.”
The line between the City of Denver and its lobbying
community got much thinner after Roger Sherman, a managing partner at CRL
Associates, was appointed to the Citizen Oversight Board (COB) by a 9-3 vote by
City Council.
Lobbyist: Roger Sherman, Managing Partner of CRL Associates, was recently appointed to the Citizen Oversight Board.
Denverite first reported that Sherman, who worked behind the
scenes on the sale of the Park Hill Golf Club and the NO on 300 campaign, was
Council’s first choice for the appointment.
“We have 700,000 people who live in Denver, and another
300,000 people come to Denver every business day — totaling one million
people,” newly elected District 10 Councilman Chris Hinds told the Glendale
Cherry Creek Chronicle in an emailed statement. “It is difficult to believe
that the “one in a million” choice from City Council is the managing partner of
the largest lobbying firm for the city.”
Councilman Chris Hinds opposed the appointment
Members of COB are first nominated by the Mayor and then
confirmed by City Council. Sherman’s appointment came just two days after Mayor
Michael Hancock won re-election.
According to records from the Denver Elections Division, CRL
made generous campaign contributions during the 2019 municipal elections. In
total, CRL contributed nearly $4,000 to Mayor Michael Hancock’s re-election
campaign, while doling out contributions to City Council candidates as well.
Sherman personally donated $250 to District 2 representative
Kevin Flynn, and the firm’s Chief Strategy Officer Kim Kucera donated the same
amount to Albus Brooks’ campaign against Candi CdeBaca in District 9.
Councilwoman Robin Kniech received $2,000 from CRL’s founding partner Maria
Garcia Berry in December 2018 and received the same amount again in February
2019 from the firm itself.
During the City Council meeting, Kniech underscored Sherman’s
qualification, experience, and “strong voice” for police accountability as her
reasons for supporting his nomination.
“[Sherman] not only has experience working with COB, but
also has a track record of coming to City Council and advocating for stronger
oversight of the police department,” Kniech said. “So, for those who have said
they’re afraid this appointment might be too favorable to the Mayor’s Office,
there is simply no evidence of that.”
COB assesses the effectiveness of the Monitor’s Office and
has the authority to appoint people to the Office of the Independent Monitor,
which oversees the police department. Even so, COB neither advises the mayor’s
office nor oversees any functions of the police department. It is simply a
screening body, according to Kniech.
Three of the newly elected Council members voted against the
appointment, including Hinds, CdeBaca, and Amanda Sawyer (District 5).
CdeBaca attempted to have Sherman’s appointment delayed
until August 5 in order to allow time for a public hearing. Other members were
less concerned with hearing public comments, citing an adopted resolution from
earlier in 2019 introduced by Councilmembers Kniech, Paul Lopez, and Paul
Kashmann, which “strengthened the purview of COB”, according to Kashmann. The
resolution increased the number of board members from seven to nine.
Opposed: Newly elected Denver City Council members Candi CdeBaca, left, and Chris Hinds were critical of the appointment of Roger Sherman to the Citizen Oversight Board. CdeBaca attempted to delay the appointment to allow for a public hearing. The City Council rejected that idea and voted 9-3 to appoint Sherman.
“I don’t think this is an issue or question of
qualifications,” CdeBaca said. “I think this is an issue of consolidated power.
Sherman is a well-known member of CRL and has recently led the opposition to
[Initiative] 300, where there have been numerous police violations. Now, we’re
selecting someone to nominate people and oversee that entity.”
CdeBaca cited a recent Colorado Public Radio article that
details the close relationship between Denver’s Big 3 lobbying firms and the
city government. In total, the Big 3 have done over $1 billion in city work in
Hancock’s previous two terms as mayor and have acted as a revolving door
linking the Mayor’s office and the lobbying community.
“With the contacts that Mr. Sherman has, I am doubtful that
he would be nominating or screening the appropriate people for this role,”
CdeBaca said. “We should be nominating people with direct connections to the
community who demanded this role and this board.”