In a previous VetTheGov exclusive story regarding an undaunted $250 Million plus stormwater bailout it appears the best way forward is to change the rules when they don't fit your agenda. Commissioner Scott McInnis is very familiar with this playbook after his years in Washington D.C. and along with his protege city councilman Duncan MacArthur, the federal fix is in. Instead of a weekly schedule full of business meetings regarding jobs, the local economy, and the BLM overreach, two of our county commissioners decide to play the smoke & mirror game at the monthly GOP men's meeting on August 25, 2015 with the entire agenda being an elected or appointed GVDD board.
The most interesting piece to this is that no public announcement was made or posted on the Mesa County website or in the Commissioners calendars shown below. The monthly republicans men's meeting for August not located on the website calendar either as in previous months. Why is a hot potato topic having non-disclosed public meetings with no following of the Open Meeting LAW? Interesting to note the GVDD manager was asked to attend with the intention to discredit the GVDD board structure rather than discuss a positive way forward. Upon entering the room there were the terms Elected vs Appointed on the white board as those in attendance were being versed as to the best way forward. You see Commissioner McGinnis has got this under his direct control and you can see the manipulation and Law violations that he learned in D.C. are working well. Yet no one in the GOP good ole boy club stepped up and pointed out the law breaking by their local officials occuring in front of their very eyes. Surely this isn't the first time such an occurrence has happened! See the unfilled days on the Commissioner's Calendar below. VetTheGov wonders what these elected do during these slow weeks. One thing for sure their government paychecks get cashed!
VetTheGov will breakdown of the Colorado Open Meeting law C.R.S. 24-6-402 using just a couple of paragraphs from the statute:
(1) For the purposes of this section:
(a) "Local public body" means any board, committee, commission, authority, or other advisory, policy-making, rule-making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body.
(b) "Meeting" means any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication.
(c) "Political subdivision of the state" includes, but is not limited to, any county, city, city and county, town, home rule city, home rule county, home rule city and county, school district, special district, local improvement district, special improvement district, or service district.
(d) "State public body" means any board, committee, commission, or other advisory, policy-making, rule-making, decision-making, or formally constituted body of any state agency, state authority, governing board of a state institution of higher education including the regents of the university of Colorado, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or the general assembly, and any public or private entity to which the state, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the state public body.
(2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.
(b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.
(c) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible.
(d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session.
You are beginning to get a glimpse into the local power elites game and how they work and it doesn't include following the Law! Not a surprise to many but it's simply the truth of how government and the cronies work in the shadows. Stay tuned for surely more to come on this misadventure in the shadows.