Eye On Englewood

Link: http://www.EyeOnEnglewood.com

“Open, Open, Open!” is the public meetings law mantra in the State of Colorado. Ruling City Council activities throughout Colorado is Robert’s Rules of Order together with Colorado Open Meetings law, Open Records law and Sunshine laws. These insure the spirit of transparency and accountability of elected officials to their constituency.

On January 11, 2010, the public was initially denied access to this Study Session in which the public was about to be interviewed by City Council for Boards and Commission seats. Both Jill Wilson and Bob McCaslin attempted to keep a member of the public, Matthew Crabtree, out of the room despite the meeting being published to start at 6:15pm and already called to order and announced as a public meeting. This was in direct violation of the Colorado Open Meetings Procedures and Laws. When finally allowed to enter many of the council members were already discussing policy decisions. This audio can be found here.

On February 8, 2010, Mayor Jim Woodward takes responsibility specifically for what happened at the meeting in regards to Matt Crabtree, stating that the meeting was posted to start at 6:15, and stating that he had made announcements before the meeting started, although the public was entitled to be aware of that. This audio can be found at ECOG. at the Communications /Citizen Engagement audio, at recording point 2870.

In 1990, the City of Englewood adopted Resolution 48, Series 1990, which is a public policy of decorum at City Council meetings. It states that executive sessions may only be called by the Mayor upon the majority vote of Council. Council has regularly ignored its own procedures by holding secret meetings without them being called and voted upon prior to being held.

Executive sessions regarding real estate for public property has occasionally been cited for Englewood executive sessions, but there is no city right to hold an executive session for secrecy when the taking of private property for private use is the issue being discussed.

It seems the City of Englewood continues to be suspect as to its stated intent to be open and transparent. Attorney Brotzman stated that social engagements prevent all public meetings from being recorded, published and reported. He gave the National League of Cities field trip sponsored by taxpayers every year as an example of the difficulty in cross-over meetings. Englewood pays over $20,000.00 to belong to the NLC, and in addition, spends another $20,000.00 to send council members and select staff to the conference in Washington D.C. Several other issues of perception and transparency are also discussed in the above selected audio from February 8, 2010, which is published on the Englewoodcitizens.org website.

One of these issues is the City's latency with Comcast Channel 8. Comcast pays the City of Englewood a franchise fee for every household link, yet the City continues to say that publication of televised agendas or meetings are too expensive to air. Rick Gillit requested that City Manager Sears provide an actual cost scenario to back up Staff's reticence to air the meetings. The City's newest Water Plant Sewage video monitor cost $41,000. state-of-the-art, but LeAnne Hoffine's general assessment of costs for airing the meetings even on the City's own website was "$50,000 at the low end."

Newly elected City Councilmember, Rick Gillit, was personally skewered and quizzed for a half hour regarding his personal website EnglewoodCitizen.com as to personal transparency. Councilmember McCaslin specifically tendered his shirt sleeve because he was hurt that Gillit had not been transparent with him about personal matters. Gillit aptly responded that his personal life was not an issue of transparency. Nor, is McCaslin’s interpretation of transparency between councilmembers the issue at law. It is the accessibility of the public to the City’s business that is at stake. Englewood Mayor, Woodward, rather than obviating the roasting of Gillit, not only started the fire, but added wood to it repeatedly.

The Mayor’s duty according to Resolution 48, Series 1990, section II A is to “preserve strict order and decorum”. Decorum is later defined in the same document, VII.Q. “Decorum.

While the City Council is in session, the members must preserve order and decorum. A member shall neither, by conversation or otherwise, delay nor interrupt the proceedings, nor the peace of the City Council, nor disturb any member while speaking, nor refuse to obey the orders of the City Council or its presiding officer.”

It seems clear that personal attacks from Jill Wilson, Mayor Jim Woodward and Robert McCaslin are not only a diversion, but a waste of time and inappropriate to the meeting.

More specifically, “Getting the Floor” section VI C. means: “Every member desiring to speak shall address the Chair and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate avoiding all personalities and indecorous language.”

Interruptions of each others' comments are also prohibited, section VI D. It is obvious, that the discussions at council are wasting time by addressing comments to and about each other rather than discussing the public policy listed and published for discussion. This is a very embarrassing situation in Englewood and must be stopped.

Argument about public perception ensued, but the obvious question regarding what the definition of "public business" is pertaining to the law never came up. Joe Jefferson suggested that negative public perception would be curbed if all of the public meetings were held in the same room. Jill Wilson suggested she should contact her constituency directly and assure them personally of the reality of the Council's intent to be open and transparent.

If transparency is Jill's concern, how can she vote to approve a City budget in October that doesn't get published until the next year? Why does she approve of keeping the line item budget in Englewood off of the City Council agenda and out of public purview?

Nevertheless, these and other material secrets are kept against public knowledge in that every Monday, City Council uses tax payer’s money to feed themselves. During a tough economic time, when so many people are losing their jobs, it seems unacceptable and nonconsensual that people who cannot spend $8.00 for their own Chipotle burrito are force to provide meals of at least $10.00 in value to each City Council member and attending staff, when the City Council meetings could be held a hour later.

The time retrieved by holding meeting a hour later, by City council showing up on time, and by the Mayor properly controlling the agenda and comments made out of step would cheer up the baby considerably.

Link: http://www.englewoodcitizens.org

Allow me to introduce you to Jon Cook, seasoned Englewood entrepreneur and developer. Just before Monday's Council meeting, Cook contacted Council Woman, Jill Wilson, and asked to speak with the City. During her Council's Choice section at the end of the meeting, she did her job and introduced him to speak.

A discussion hotly ensued in which Councilman, Bob McCaslin whined about not being warned before the meeting that Mr. Cook wanted to present, and that no-one knew what he planned to say. Then the discussion turned to procedural issues as to whether Mr. Cook could speak during Council's Choice, out of order from where residents are normally allowed to participate. A vote was taken, and Council asked for it. Jon Cook presented to council regarding a incident that occurred, where a representative from the Englewood Community development department made several harassing remarks to Jon Cook and the owner of Colore restaurant.

Colore, is a great little restaurant at Yale and Broadway, staffed by it's owners to ensure the quality of the food and the hospitality to its customers. When I visited there myself this month, I thought, "Now Englewood will give Pasquini's a run for their money."

But the developer, had his tenants, Colore, down his neck after Tricia Langon came with her arrogant ultimatums, "We can do this the easy way or we can do this the hard way." Apparently, there was no other way she offered to do them.

She was talking about an advertising banner being taken off the building when she slapped her card on the counter. Colore owners responded, "But our landlord told us we could do this."

Her response? "We at the City know all about Jon Cook and we have our issues with him."

Colore immediately ragged on Jon Cook for bringing them into Englewood's domain just to be unfairly treated. After all, as Mr. Cook pointed out to Council, there are storefronts and grocery stores with banners all over Englewood.

Jon Cook ceremoniously handed back Langon's "calling card" to Mayor Woodward, looked at Bob McCaslin and said, "If you have an issue with me, then why don't you call me? My name is plastered all over Broadway with open buildings for lease.

I did exactly what you guys wanted. I gave you the kind of Welcome to Englewood Building you've been asking for. This should be a time of celebration for us...implying that Community Development had ruined it for them.

"But, this isn't the first time Tricia Langon has interfered with us and threatened us," he testified. It is indecent and backwards.

Jon explained many of the reasons why businesses are reluctant to move to the City of Englewood. He also stated that until Ms. Langon is fired, he will no longer be developing properties in the City of Englewood.

City Manager Gary Sears denied that Ms. Langon worked for him or that he had any control over her. He also stated that many complaints come in about various City employees, apparently trying to downplay the incident.

Mr. Cook stuck to his mettle though, and reiterated that he is sick to death of the inhospitable nature of the City. He is finishing up one project and not starting another until the City rascals clean up their acts.

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://englewoodcitizens.org/

The topic of Council's April 13, 2009 study session regarding office expenditures and discretionary funds actually began right after the close of last election, when council woman Laurett Barrentine lost the popular vote to coach Randy Penn.

Because Ms. Barrentine had been the voice of accountability and fiscal conservation on Council, albeit bull doggedly, it was not enough to simply hush her voice this term.

No. Not nearly enough. In retaliation for daring to request a line item budget report for Council's review, the City Manager arranged a little parting gift to Ms. Barrentine.

She was billed, then publicly threatened by council's vote to prosecute her in a collection action over $57.00. This bill was in dispute as to whether it qualified as part of her allotted $150.00 discretionary funds. It was the City's opinion that she had billed them and been reimbursed for something not covered by discretionary funds.

She argued that the bill she submitted for reimbursement was indeed included within her line of duty. It was related to her computer access used to perform Council duties.

Council members decided to agree with City Manager Sears that the $57.00 was outside the text of the policy. The text of the policy reads, "Or materials directly related to the responsibilities..."

According to District 1 Council Representative, Joe Jefferson, stated he believes the meaning is wide open within the judgment of the elected official.

Where previously John Moore voted to prosecute a collections action against Ms. Barrentine, he flipped at the Council meeting of April 13, 2009, stating that he agreed that standardized computer access was a requirement of members of Council and within a member's discretion.

Ms. Barrentine knew at the time of the City's collection action against her that it was retaliatory in nature, but she paid the City's claim because $57.00 wasn't worth the cost or trouble of hiring a defense.

I find myself aghast at the City's public humiliation tactic to pursue a questionable $57.00 from a civil servant, while the same officials privately approved another hefty raise to the City Manager's salary, weighing him in at $160,000.00.

In a City where people are questionably surviving lost jobs and failure to achieve merit raises equal to inflation, it's not likely Council or Manager can successfully argue the proper allocation of residents' tax money being their true aim. Me tinks they just wanted a play date with darts at the bar and Ms. Barrantine as the target.

In the final minutes of the discussion, Jefferson requested that he use his discretionary funds for informal district meetings with residents, specifically for invitations. When Wilson asked what he meant by "informal" he explained: no notice would be required, no more than 3 council persons would be in attendance, no decisions could be made.

Its purpose would be more of a communication opportunity with the residents in his district. Jefferson has been talking about implementing this since being voted onto council, better late than never.

Wilson stated that everyone should be invited to a District 1 meeting. Disregarding the rule prohibiting a quorum [C.R.S. 24-6-402(2)(c)]of council at any informal meeting, she stated that she has a hard time understanding excluding people. She favored public notice and an invitation to all people. She specifically stated that she lives in District 1, and would like to participate.

Jefferson reminded them about Open Meetings laws, and that his purpose would not be to exclude anyone, but to allow his constituents to speak freely, without fear. His goal is to provide a casual avenue for communication.

Woodward, Oakley and Moore questioned whether the meetings could be construed as a campaign booster so near elections. But Jefferson's district seat is not one of those available this November.

Moore stated he did not believe district meetings were necessary, and therefore funds for invitations should not come from office supply funds. He further stated that the entire council would have to vote to approve the funds for the single district meetings if it came out of discretionary spending. He admitted the concept was a new one to him.

In the last seconds of Monday's meeting, Moore completely turned about face, actually daring anyone to "take me to court." Some of the last comments in the discussion were John Moore's when he arrogantly stated: "If I believe in my personal discretion that I needs to host a district meeting with only half of my district, I have that right."

Not so fast, Mr. Moore. Your attitude toward your district is opposite that expressed by Mr. Jefferson. While you know you are protected by governmental immunity and your solid dare, who is going to recuse you or prosecute your over suspicious use of your annual $600.00 discretionary budget?

We know you are well aware of this fact. It is precisely because the people are helpless that you can get away with such patronage of your district.

At the end of the day, Council members generally decided that contributions to charities or other council member's needs will not come out of individuals' discretionary funds due to possible abuses of unilateral entitlement of voters' money. They decided that whatever is surplus at the end of the fiscal year is returned to the general fund.

Finally, they decided that members only carried the right to advise Joe on his expenditure, but not the power to interfere or limit his choice on how to spend discretionary funds in relation to his duties.

It looks like District 1 will get its private play date. Sorry, District 2, you will have to take Mr. Moore up on his challenge in order to bend your District Representative's ear.

The full discussion can be heard on www.EnglewoodCitizens.Org.
IV. Council Discretionary/Office Supplies Policy

Link: http://www.EnglewoodStory.com

From the first, Council woman Jill Wilson has decried the variety of garbage trucks crawling down Englewood's alleys each Wednesday. A Garbage monopoly the first subject out of Wilson's mouth after winning her seat on Council, but this attempt failed.

She's back at her favorite topic however, with this month's Englewood Survey. The survey is being mailed to a percentage of town residents to obtain feedback on a variety of issues, garbage trucks included.

Monopolies have always seemed innocuous to the one who is holding all the power. If they earned it, why not?

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