Eye On Englewood

Link: http://www.EnglewoodCitizens.org

God rest ye merry gentlemen, let nothing you dismay... and yet, there lingers dismay in the chill at Christmas for all of us.

In the midst of heartwarming carols, well wishes, and merry lights,where can one buy consolation? Do we turn to heaven, pray? Remind ourselves through candles of the all-sufficient God? Many religious communities recognize the power of identity not in the individual conquering the odds, but in communal sharing conquering together. As Dickens' Scrooge found out, the man who dies alone with the most toys does not really claim the prize.

Hence, the debate over government's duty to give charitably was intoned by new councilman, Rick Gillit, District 4, this Monday evening in the face of many Englewood charity requests amounting to $78,000. for many good projects.

While a government entity is made up of the many humans, and is considered a legal individual, in reality, there is no good will to be had from a system outside the animated collection of taxes and disbursement of the budget, and those who control.

In the face of a December 9, 2009 Memo from the Director of Finance and Administrative Services, stating in bold that tax revenues for 2009 were down by 11.1 percent less than 2008, still Council voted to disburse the maximum charitable spending. "Dogs for veterans of war" won out, as did "food banks" and the "Englewood High School", not for much needed school supplies, but for After Prom activities. "Arapahoe House" lost their requisition as did many others. City Council had budgeted $28,000.00 for charitable giving this year out of city taxes, and therein lies the question.

Since it's a religious time of year, let's talk the religion of gift giving in politics. Religious Scotts believe that government spending on the poor is a proper function of government because it is an efficient way to do the magnanimous thing for the needy. Religious Right Wingers ideally believe that they earned what they got and that no one should take it away from them by force (or by taxes). Religious Left Wingers believe more like the Scotts, that it is the duty of the whole to care for the needs of the vulnerable.

Does the earth and all it's primary resources really belong to the Able-bodied, Able-minded, well-financed? Are they Entitled? Or does the earth, the air we breathe, and all that is in it belong to the Lord and we, the stewards, are to manage and disburse, train and marshal?

It may be an age-old question. But City Council at least questioned it's role this Christmas before it voted.

Some Englewood Citizens believe the role of government is outlined in the Constitution and that charitable giving is not permitted. Especially in lien times. Two arguments: What says the Law as well as what says practical. But, in a Home Rule situation, a city can change the rules and throw out bits of the constitution. That's what Amendment XX gives to Home Rule through the Constitution of Colorado. Still, perhaps, the matter should be brought to the vote of the people, some of whom have been forced to pay taxes to support their neighbors while they may be losing their own homes in lien times.

Since Englewood has bought into the legal process of fining it's residents for snow removal, perhaps they would consider putting that money into the funds--already set up in the budget--that gives back at Christmas time in the way of charitable giving not only to non-profits, but also to vulnerable individuals who qualify. This would solve a lot of problems and discrepancies and ethical preferences. Charitable giving would be limited to the fines brought into the city, or through the good will of contributions willingly provided through others, and not out of the general budget.

Link: http://www.EyeOnEnglewood.com

As we move into the solar energy age,the City of Englewood is faced with many choices, some of which are being watched closely by the City of Lakewood. Unfortunately, the Englewood City Council has narrowed all this down to just one choice: Should they or shouldn't they accept an offer from a company named AMERESCO for a 25 year commitment to solar panels.

A company named AMERESCO has offered to do an energy audit of the municipal buildings if the City will commit to a 25 year contract for solar panels.

The City rents the main building known as 1000 Englewood Parkway. The Service Center is surrounded by tall trees that would require being chopped down in order to use the panels and the Recreation Center already has windows surrounding the South facing direction for optimum heat absorption between the prime sunshine hours between 10:00 a.m. and 2:00 pm, four hours per day.

How do the citizens of Englewood know that they will receive the latest, best equipment from AMERESCO? Is it last year's technology? Will it be outdated next year, and taxes be locked in to supporting the equipment for another 25 years?

I remember when health clubs would "hard sell" a 10 year membership to young men and women. Unsuspecting people rarely realized how their lives and movements would change, or how health technology and the companies would change or evaporate into thin air in a mere ten years. Then, think about solar and wind energy being on the move today!

The City is committed by Charter to offer competitive bidding. Belmar Green is a vested developer of green energy and Englewood would do well to pay attention to the choices they are making. One contractor, (anonymous) who often works with the City of Englewood is surprised to learn that there are no public offerings on the table so that he could make a bid himself on helping the City into the green age. An obvious competitor might be Namaste Solar.

Why not turn the tables and offer Englewood to AMERESCO or another company as a green study in exchange for free technology? Certainly, the early technology would warrant this kind of offer from a city the size of Englewood.

What will it cost Englewood in the end to repair the roof damage or to maintain the holes in the roof or to take down the obsolete equipment?

Solar energy is not simply used for heating and lighting, but in the case of Englewood, also for air conditioning.

Energy employees at the City of Denver were asked by a source named, "Mitch" how they keep the Capitol cool in the summer without air conditioning. They stated that ventilation is a key often overlooked by consumers. They also suggested the City buildings turn off the hot water during the summer months since bathing is not an issue in commercial buildings.

On the other side of the coin, how would solar panels impact the heating bills? AMERESCO proposes a 10,000 watt or 1% decrease in the monthly bills. This is nowhere near what wind energy could provide or geothermal energy.

Certainly, an updated generator grid would be an option for Englewood since it is the flow of the distributive power being generated that actually effects costs. Until the flow of energy is changed to disburse the energy from its source to its destination, it doesn't matter if every business in America has solar. It is the shortest route that brings the costs of energy down.

Concerned Citizens in Englewood (ECOG) assert that the City can save more money by changing the light bulbs in the building to energy efficient ones, and upgrading insulation or even triple paning the windows before trying out solar panels on a 25 year locked in commitment to AMERESCO.

Jimany Christmas, Batman! It's the Joker offering the Mayor a City deal of the century! Then again, its the Mayor who had his own home recently fitted with energy panels. And, after all, it's not his own money he's committing for 25 years.

Link: http://www.EyeOnEnglewood.com

A Halloween yard decoration witch crackles at my knees. “It only takes a few little beggars to spoil the stew!"… I am meeting up with Matt Crabtree on his early morning campaign rounds in Englewood.

“So Matt, with only seven percent of the vote in at Nancy Doty’s office, I thought I’d track you through the leaves and see what good you might offer for the people of Englewood.”

Matthew Crabtree’s open face begins to shine in the chilly open morning sun.

“I hope I can bring some.” He nods and smiles.

“What have people been saying to you on the campaign trail?”

“Well, it’s definitely been interesting,” he admits. “I put my contact number on my door hangers during the very first weekend, I got some hate calls where people would say to me, ‘I know you’re a right-wing conspiracy nut and I hope you lose!’ Then, they would hang up anonymously without even given me a chance to respond. That was unnerving.”

“Are you a right-wing… whatever nut?” I ask.

“No.” He says emphatically. “Actually, if you look at the political parties, I align with my opponent, Woodward, but political parties should not be the issue in a municipal election. Non-partisanship input should be heard on the issues.”

“Okay, let’s start with the only issue Englewood put on the ballot this election. Term issues. Isn’t City Council hoping for a third term? If you get in, wouldn’t that issue also work to your advantage?”

“I was sitting in the audience the night the City voted to add that to the ballot. I almost laughed when I saw the Council vote yes on it. Personally, I believe that adding another four years to their terms is just a third-world prank of dictators.”

“Wow. Third world? Why?”

“Well, it doesn’t help any political geography when there is no change over. Our country’s presidents don’t even get any more than two terms in office. It only reflects our Council’s small-minded attempt to maintain control. So no, even for my benefit. I just don’t believe a third term is a good idea.”

“You’ve done well for being the underdog, Matt. I certainly see a lot of your signs all over, Matt, and I saw your bio in the Englewood Citizen. It looked authentic and focused. Good for you. Anything you wish to add to that?”

“Well, I think all three of us, Rick Gillit, Doug Cohn, and myself are running on similar issues. And we need to get all three of us into Council to make the change over.

“Accessible government, will re-instill trust. A cut in budget spending in the right areas will bring about true value for taxes. I want to bring in more businesses to Englewood and work with people to achieve a better community.”

“Right now the Council has sat on their hands too long. They put requests from residents and businesses into a holding pattern.

“None of them have received any training from the City on the code, or how their roles interact with Colorado law. They have no idea how to research their own code or come up with creative and timely direction, so everyone suffers.

“It’s one thing not to require legal knowledge when you get elected. It’s just not acceptable to continue in that ignorance year after year. They have a job to do. It’s not just a social board. We can’t afford to have them remain ignorant year after year.”

“Hey, must be trick-or-treat in Englewood!” I laugh.

Matt clears his throat. “I’ve watched people actually cry in front of Council, begging for relief, and Council sits there enjoying the power they hold over them. That’s their response. The Mayor did not even know his own job description two months ago when a resident was asking for relief. The City Attorney had to cut into the Mayor’s response, and correct him… ouch!”

I agree. A Mayor should know his City code and his own job description. But, my feet are beginning to hurt and Matt still has ground to cover, so I ask, “Anything else?”

“Well, I think it’s backwards for Englewood to cut out the people’s parades, theater events, social items like fireworks, festivals and concerts as a means to cutting the budget.

“Those kinds of events create community. Great signage creates an interesting community. Community creates tax revenues. I want to be pro-active, not a small-minded micro-manager of someone else’s business.

I say, “Oh, did you hear that Mayor Woodward has some flyer out there telling people to call him before they vote for Matthew Crabtree?”

“Ha-ha, Yes I did. Someone I know in District One took him up on that offer, and called. ‘You know what Jim said?… He said the Appellate Court had overstepped its authority in Englewood and that is why Englewood lost the signage war on Broadway!”

“You gotta be kidding.”

“No. I’m not. City Council, in my way of thinking, should be servants of the law. Not the other way around. The present Council thinks they can do anything they want just because they are “Home Rule".

“I actually believe the Constitution is still alive, that Colorado statutes regulate Home Rule and that Englewood’s City Charter holds the limits for our code. If our codes come up against those laws, then they are wrong, and I hope to lighten up the load legally on our businesses and residents when I’m on council.

“Well, I hear you are making friends on the campaign trail. Keep going to those neighborhood parties and just enjoy the process buddy. I gotta go to work.”

Matt shakes my hand firmly. “Me too.” And shouts at my back, “Have a happy Halloween, Bill!”

Link: http://www.EyeOnEnglewood

I caught Rick Gillit between Real Estate appointments, and found the man able to close a deal.

"Okay, Rick," I say, "Let's cut to the chase. Your bio in the Englewood Citizen doesn't offer up much about you beyond your private life. Why?"

"Well, there's a lot of negativity going on in Englewood right now and I kind of wanted to separate myself from that."

"Meaning, what? The City's intrusion into private business practices or the debacle on Pearl Street?"

"Aw, come on, now." He says. "I think that thing over on Pearl is an anomaly. The Bartnicks have some nasty people for neighbors. That doesn't mean the rest of the City is like that. Englewood is better than that, and I want to focus on the positive."

"But you agree that diversity should be allowed in Englewood, including boarding houses?"

"Funny thing. I think Mr. and Mrs. Bartnick believe it's about mixed races living together, and that is certainly the way the City Council prosecuted them, but I think the whole thing was more about small egos who were jealous of that house they built. It's a very nice new house."

"One of the things I read about that issue and you was over a year ago. You appeared at City Council on the side of the boarding houses. Why?"

"Bill, again, I felt those students were harmless. They weren't a frat house. They lived with the Bartnicks. They hadn't done anything wrong, and there is the humanitarian aspect that my wife and I believe in, so we supported. But, just last week, I had some lady who sits on the Code Enforcement committee chase me to my car taking pictures of me and my car saying, "I know who you are! I don't want your election crap!" Frankly, the woman's venom frightened me. City council really handled this thing poorly."

I test him. "Gillit, you gotta know it was a single family neighborhood. Concerns are raised..."

"Look. I'm in the real estate business, and so is Mayor Woodward. He knows and I know that single family housing means a house built in a structural style that allows for a family to live there. It doesn't mean someone with a four bedroom house can't rent out the empty rooms to three seminary students. It just doesn't. The City overstepped."

"Then there's that issue like the sign code thing that showed the present City Council was on the wrong side of the law. You're a proponent of free speech. Why don't you capitalize on that?"

"Yeah, exactly." Says, Rick. "But you gotta be sensitive to parents too. It's a touchy issue when pot smoking Alice in Wonderland murals are allowed within the meaning of free speech. You can see why the idea of heavy regulation and government controls appeal to some who don't know how to discuss these things with their kids."

"That pot smoking thing. It's another hot topic for Englewood with medical marijuana pharmacies isn't it?"

Rick grimaces and rolls his eyes. "Yeah, my district 4, at the south end of Broadway is being called, "Broaderdam. That's what I'm hearing as I walk the district."

"What can you offer on that one?" I ask.

"My thing with that is that it's already legal. I'm not gonna argue with the law in Colorado. What I want to do is help protect the property owners who might have their buildings confiscated by the FBI if the pharmacies overstep the law. We don't want to see more empty storefronts all over Broadway."

"Do you have any plans along that line?"

"Sure," says Rick. "And, I think that they shouldn't be zoned in with the pawn shops. They should be zoned like other pharmacies in Englewood...or like liquor stores."

"So, tell me about the dog issues Rick. Seems Englewood continues to argue about dogs year after year. Can you pull the City off of that hill?"

"Absolutely." Rick crosses his arms. "I have dogs. I know they need to run. But we can't have them scaring the elderly or the children, or people with disabilities. They need their own park."

"You're gonna make that happen?"

"2009? Why not? The Council seems to think it's the vote of the majority that counts. The one with the biggest stick. I think the City Council is afraid to step on each other's toes. Wayne Oakley has said outright, I think twice on Monday nights, that he won't vote against Jill or Woodward. I can vote my conscience."

Link: http://www.EyeOnEnglewood.com

What's the difference in a candidate for City Council who attends a crucial City budget meeting, grading a stack of papers throughout, and a child who doodles during Mass?

It's the difference it takes in mental acuity to concentrate on the subject matter at hand. A postman understands this. A pilot understands it. Anyone who works with his hands knows it is possible to process other data, but it is not possible to divide one's analytical attention and process two sets of data at once. Candidate for City Council, Linda Olson, hopes she can downplay the difference by her presence at City Council on Monday night.

How does Olson analyze and grade papers while absorbing critical budget allocations taking place?

Is this how she intends to do business for the people of Englewood if elected?

Doug Cohn and I met up outside the Cohn law offices.

I ask Doug Cohn what his plans are for Council compared to the Ms. Olson's stated intent. He answers,"I want a full service city because that is what we are already paying for."

"The city council makes all its budget decisions without seeing the whole budget," says Cohn. "How can intelligent decisions be made about spending forty million dollars if we do not have all the information? Matt Crabtree just requested a copy of the budget on disc, and the Clerk's answer was that the City doesn't have it computerized. None of us feel that's acceptable."

"Why do you feel the need to access the budget directly rather than delegating to City staff?" I ask.

"I see City Council members as the overseers, the policy makers in the City. We have to know what the line items are before we can study and delegate management of the budget to Gary Sears. There are debits, credits and transfers... I have questions about where millions of dollars have gone, grant funds, brownsfield chemical clean up money, and other strange happenings with taxes."

I say that I saw in the Englewood Citizen, Linda Olson's bio which reads like a professional marketing piece, while borrowing phrases from you, (Cohn), such as "transparency of government."

My observation is that Linda, in less than a month before elections, still fails to find time to concentrate on issues facing Englewood. She may be a nice person, but will she really listen when you have an issue? Will she read her council packet before voting? Or, will she bring papers to grade behind her council chair?

I say to Doug, "Olson states that she stands for your voice and your access to city management, yet her own interest in government shows exactly how much she values the access. Where has she been these last few years on Monday evenings?"

"Hummm... good question..."

..."While your concerns over Englewood foreclosures,forced paving of your driveways, grandfathering issues, property rights, dog rights and sewer fees were being debated in Council, when did she ever show up to listen, weigh in with a perspective?"

"Well, Linda is a very nice person, but she's busy with other things."

"While you seem to be running on some lofty Constitutional issues," I say. "What would you say is the most important Constitutional issue to you?"

"I believe that power follows property rights. Those rights are even more important than free speech. If you gut a guy's financial power to assets, or free choice in how to use that property, what is the purpose of owning property?"

"I've heard there's been an ongoing debate about off-leash dog parks over the years. Do you mind saying anything on that?"

Doug says, "Rick Gillit and I agree on that one. Let's find more spaces around town that can be used as off leash places. Not Jason Park. Dogs will never be given a higher priority than children when we are elected. There is a financial liability there for Englewood, and we have enough irons in the courtroom fires already. Humans must be protected. Government's role is to protect the most vulnerable. Not, special interests."

I agree. Olson lacks interest. How can she be a leader? Maybe she wants some Christmas cash. Even a pretty face can clearly betray a casual, "whatever" attitude because actions still speak louder than words.

Link: http://www.englewoodcitizens.org/

la,lah...Always turns out this way....

While listening to the minutes on the http://www.englewoodcitizens.org/ site, the McCaslin charade about championing the new cat leash law for resident's wayward domestics had me in a fit of tears. Bob's Comments How can the man take himself seriously? Is McCaslin going to run on this Cats-On-Leashes platform?

Then came the discussion on picking up strays and neutering or spading them and letting them go back to their neighborhoods after. "Because of course, they have their purposes catching rodents"... Was that Wayne Oakley?

Jefferson demurred that he was "only concerned about the humane effects of the traps." Jefferson's comments.

Cats are like people in that they cannot reproduce to catch rodents if you sterilize them all...crazy little fact of nature. Is Englewood on a hidden mission to eliminate cats? The nature of cats and dogs are different, is that too obvious to mention?

But, it could be a value for dollar to take your cat's collar off and let the city sterilize it for you. Or, perhaps you are a concerned citizen who believes this secret sterilization is a bizarre budgetary line item in the City's policy expenditures.

After this, Matt Crabtree addressed Council with concerns about the enormity of funds given to Community Development.

Mayor Woodward replied (during Mayor's choice at the end of the meeting) that he is offended that he has to explain himself, and is getting impatient with his feet being held to the fire. I found his comments a little catty. Perhaps he hadn't realized that by this time, Council had switched subjects.

It occurred to me how much better Englewood City Council is for weekend entertainment than any other vice out there. Well, maybe you'd best get a few beers before you sit down.

Because then came District 4's candidate for change, Rick Gillet's, articulate complaint regarding Council Woman Jill Wilson's double duty as a member of the Code Enforcement Advisory Committee as an ethical conflict
1) for taking a seat that a citizen might better serve on,
2) for using undue influence and her power as a City Council woman with inside information flowing both directions,
3) for the public perception of undue influence.

Responding to Mr. Gillet, Mayor Woodward and Councilman Oakley, each stated that yes, they could see how there might possibly be a conflict, but he and Oakley were hesitant to deprive Councilwoman Wilson from her seat as she is their friend and associate and they believe the best of her. Oakley specifically stated that he believed undue influence was not the same thing as abuse of power. After all, Wilson only gets the same singular vote as the next volunteer board member.

What they failed to address was the fact that Council's interests in reporting on citizens for code enforcement (I)nformation or action by way of (S)ervice has trebled in 2008 compared to the 2007 record of Council Requests, and it has doubled in 2009.

The facts show that Wilson's influence has indeed grown in both directions, not only her opinions to the Code Enforcement Advisory Committee, but also directed from the militant power of Counsel against specific addresses and named residents.

When she asked City Attorney, Dan Brotzman, whether she could ethically vote for herself, he advised her that she could do so as long as she didn't believe she would be gaining anything economically from her vote for herself.

Thankfully, Rick Gillet is a candidate for District 4, up for election this November, because he has the courage to go to bat for a more accessible government in Englewood and are up for November Election. When it came down to a vote of the present City Council, Jill was still sitting on both Council and Code Enforcement. Council discussion and vote.

When I reviewed the 16 pages of Council's Requested Actions from 2007 onward, I realized that this Council has not been interested in drug abuse in the City, home foreclosures, increasing services or benefits to the public, or working on creative avenues to fill the storefronts.

Page after page is filled with hundreds of line items of Council members reporting on Citizens for Code Enforcement issues and requesting legal or police action. Perhaps your address is on this list?

As to finances, there is no special line item budget investigation requested, nor is there a request for background on any special funding or increase in staff salaries.

No-one on City Council asked for legal or civil investigation on the boarding house issue they enacted the new statute and ungrandfathered the current law abiding residents according to whim in 2008, nor did they investigate ways to resurrect the Englewood Parade.

Council did succeed in making residents so angry that on 2/11/08, Council requested information about how to provide security for their own council meetings.

On 3/24/08 McCaslin proposed a (S)ervice to "fine citizens without Court appearances," deeming them "Code Violators" without being given a chance to plead and defend themselves, to have a trier of facts in a fair trial. Bob, it is called the right to face your accusers. It is called "due process."

On 04/07/08 Wilson requests (S)ervice on EEF/EMRF Ordinances.

Recently Council members even requested and voted into approval a designated Code Enforcement person to attend to all of their personal complaints, including evenings and weekends.

On Monday evening, Council brought forward their "bucket" for holding new names on their power trip lists. They voted to extend their term limits from two years to three. Now, in November elections, Citizens get to vote on 12 full years of this Council's personal vendettas against them. By that time, they will hold a very full bucket indeed.

Council Member Bob McCaslin provided a motion for Council Bill No. 30, a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next regularly scheduled municipal election a proposed amendment to Article III, Section 22, “Terms,” of the Englewood Home Rule Charter.

Council Bill no. 30 is a measure to extend the term limits of each council member from 2 terms to 3 terms. This measure was brought forward originally during a Study Session by Bob McCaslin on January 26th.

Are you on City Council's list? Did you get a surprise visit from a Police Officer on or about the 4th of July to warn you not to set off fireworks in the City this year simply because you were on their list from last year? Dum, da da dummmm.

Link: http://englewoodstory.com

We all know that fear can be a closed gate to government. Ignorance is a closed gate to government. And, in a busy society like Englewood, Colorado, busi-ness is a latch to pry open government.

People go to work five out of the seven days of the week, and then with their limited time after work and on weekend, they prepare family meals, and set a bit of personal time apart for sports, activities, concerts, paying bills, mowing the lawn and cleaning.

People tend to entrust politics to the “politicians”.

May 4, 2009, The City's old spending habits were approved by an outside auditor who hammed it up with the City Manager, and then the spending for 2009 was processed unanimously by all seven council persons, without discussion.

The following 2009 spending is itemized:
*a nine year old truck is to be replaced.
*a 60% increase on everyone's sewer fees was approved.
*a 2009 shell of an ambulance is purchased for $135,313, which still needs to be outfitted inside.
*a tilling tractor with the deluxe package including a GPS system and leather seats is to be purchased for $95,598.19
*November Candidate, Rick Gillit, asked Council to give an official report of the $20,000 they just spent at League of Cities, but Council ran out of time for Joe Jefferson's report.
*$20,000 for a community garden was expended.
*and, during study session, a grant of $5,000 was approved for Waste Management Company recycling, costing the City only $4,500 out of the original $9,500 price to recycle. For what? Isn't this the same service the Shriners offer for free?

Candidate for council, Rick Gillit noticed, "Not one council member posed the question whether the truck could be fixed rather than replaced or whether it could last another year or two?"

He said no-one asked, "What would a 30% sewer fee hike accomplish rather than a 60% hike?" or "What would a shell of an old ambulance cost to be refurbished?" or "Why does the City's tilling tractor require a GPS and deluxe package?"

It sure brings up the obvious: Did Council discuss these issues elsewhere besides the public meeting? If they did, they have violated the Open Meetings Rules and Sunshine Act.

Another observer noticed that not one Council member asked, "Why spend $20,000 on a community garden when the City is having to cut back expenses by 15%? And, no-one asked, "Did we really need to spend all those hundreds of thousands of dollars litigating against our own people last year?"

Understanding the laws which govern a home rule city is as easy as reading the manual: The Charter is the City's Constitution. But after the year 2000, Englewood’s manual gained three inches of ordinances known as the Englewood Municipal Code, (E.M.C.). Thick with cross references, notations to history and previous laws, full of things from the criminal code, pensions, building codes, the court, and zoning issues.

I agree, it is a bit cumbersome.

But, what this old ticker finds inexcusable, is the unwillingness to research a topic when asked. Why aren't rules of fixed measurement and law applied to the interests of justice? Are budgets really just a matter of the whims of those in power?

Is it really okay to charge 60% more for water and sewer services during an 8% unemployment crises, just to spend it elsewhere on new Tonka Trucks?

The air of secrecy surrounding Englewood City Hall has been breached by a Citizen's group intent to record and make public City meetings. For months now Englewood Citizens for Open Government (www.englewoodcitizens.org)has published City Council meetings and study sessions, and just this week,they published a the fact that Englewood's Financial and Administrative Services Director Frank Gryglewicz, Accounting Manager Steve Dazzio and Timothy P. Mayberry, CPA, from Johnson, Holscher & Company, P. C. discussed the Comprehensive Annual Financial Report in private and concluded that Englewood passed the(CAFR)grade.

Secrecy is a fine gate to help government achieve its aim by locking out controversy. Secrecy fleshes out efficiency and may save someone a bit of embarrassment. But, is secrecy the right tool? A pen's cap can be used to pick your ear, but it may have other unwanted effects. What does the tool of secrecy compromise?

It forces a potentially good form of government underground. It makes the good guys wear porcupine quills when they find themselves above ground because they know what things are hiding below.

Efficiency is the sweetheart of secrecy. Efficiency can evade a just investigation of the facts and laws, making a clean sweep of everything but the outcome.

When an authority figure doesn't admit that he struggles with an issue or needs more time before he casts his vote on it, he never has to research it and then he can rely on his associate's opinion. It is much more efficient that way. Right or wrong, something gets done.

City Council looks ominous sitting high above the audience that addresses it. Like judges they sit, as if they are privy to the issues at hand and at law. But are they?

Perhaps they are only privy to the information City Attorneys secretly feed them. But if the City attorneys, the City manager has it all wrapped up, and the one power withheld from Council is to "interfere" with Staff, according to the Charter, Part 1, ARTICLE III, section 32, then why does Englewood need a City Council?

Maybe they are so concerned with appearing "on the same page" that they become only puppets and "yes men" to the City Manager. Certainly, if they cannot open a public court record and take a look; certainly if they cannot drive by an Englewood site to investigate an issue for themselves; certainly if they cannot respond to a Citizen's question or look up their rules for themselves, their counsel will leave something to be desired.

Most assuredly, if they are not allowed to ascertain budget reports or ask questions of the head of the building department, and absolutely, if they have some friends from high school bending their ears for loyalty, their input is less than objective or meant "for the dignity of the whole."

Shouldn’t residents take a second look?

Please excuse my waffling. I’ll get right to the point. November elections are upcoming.

Link: http://englewoodstory.com

I will go so far as to say this: Everything in a City is grandfathered unless the City is able to prove some license to regulate it.

O, Where O Where doth such a license cometh from?

In Colorado municipalities, they come from Colorado Revised Statutes Title 31, Municipal Governments, michies Colorado free legal which limits powers and are given further boundaries through none other than the Supreme Law of the Land, our great United States Constitution.

These laws clearly state that someone's power, presumed authority or "will" cannot legally over-power or control what rights the law has handed to me already. The mass lynchings are illegal because they are not founded in deference, self-respect or law.

It doesn't matter how much sweaty fervor is passionately invoked or what kind of bribe or slander occurs, if it ain't founded in law, it ain't no good.

Last week in the Englewood Council meeting when Bob McCaslin accidentally, or perhaps conveniently left out of the pre-written invocation, "Help us not to control..." I had to chuckle. Well, it just escaped. I didn't mean to be irreverent. But "arbitrary control" is exactly what this Council loves to do to this fair city by their own elected whims.

But just because they are elected and it is hard to get them unseated, doesn't mean that they have legal rights to presume license over all aspects of residential home lives.

Last week at Council, John Moore played the roll of Mayor and controlled the discussion on Hard Pavements himself. He kept wanting to know what would be "grandfathered" as if Council can simply ignore the City Ordinances and Savings Clauses and has utter authority over the private homes as well as licensed businesses. Near the end of the discussion Moore says, "So what are we choosing to grandfather then? Only gravel?"

Stand Up, people! Where is the Council's license to tell you where or how you can park on your own property?

Once an idea gets passed legislatively, then the full burden of proof rests on one defendant's shoulders, inconveniently cited and hauled to the Judge, to prove that the legislation is unfounded. Since it is the legal duty of the municipal judge to presume the law is reasonable, this individual must have a very strong mind with plenty of time available to find out where the missing links are and present them to the Judge or jury accordingly. If he doesn't have these resources, the illegal law can be established judicially, and then it is almost impossible to over-rule.

So the old maxim stands that all it takes for evil to win is for good men to do nothing.

If you choose not to trust your gut, or defend your right to serve, your right of easement, your immunities, your right to real estate, then you forfeit not only the right, but also the law that governs the right. And if you forfeit the law, you betray your fellow man who depends on that same law.

I was trying to stay one step ahead of myself but now I walk on my hands and don’t look back...

"Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal [118 U.S. 374] hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution. This principle of interpretation has been sanctioned by this court in Henderson v. Mayor of New York, 92 U.S. 259; Chy Lung v. Freeman, 92 U.S. 275; Ex parte Virginia, 100 U.S. 339; Neal v. Delaware, 103 U.S. 370, and Soon Hing v. Crowley, 113 U.S. 703. Soon Hing v. Crowley, 113 U.S. 703." See, Yick Wo v. Yick Wo v. Hopkins
Submitted April 14, 1886, Decided May 10, 1886,118 U.S. 356.
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE DISTRICT OF CALIFORNIA

How do we know what rights we have fundamentally? Consider the Privileges or Immunities clause of the US Constitution. One author has then suggested normal people go to the laws of the District of Columbia to see what's fair there. Another suggests that whatever is fair in all the states is fair in your state.

"It is accordingly enacted by § 1977 of the Revised Statutes, that all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other." (See Above, Yick Wo)

I was really scared that Yick Wo, the laundry proprietor, would only protect those narrow civil rights laws specifically written, but when I went to read that case it was as clear as the blue Colorado skies that everyone in America has the right to make and enforce contracts, to sue, to be parties, to give evidence and to enjoy the full benefit and duties of all laws and policies and access to government and court, and to remain secure in their persons and property.

Neighbors must work hard to subdue your greed, subdue your bias, and subdue being lazy entitled ingrates. Seriously!

Whatever gets sold out for some selfish or shady benefit today, will come back to bite not only you and your white Englewood neighbors and your white grandchildren, but me and my household too because the rest of us have rights only equal to yours, and then your rights are only equal to mine. You need to stand up like responsible, dutiful adults now. I don't want to take the water slide down with you.

W

Link: http://www.englewoodcitizens.org/index.php

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