MONUMENT, Colorado — The Monument Town Council voted Tuesday to formally disavow an investigative report exploring alleged misuse of taxpayer money during last fall's election.
The previous Board of Trustees held a series of special board meetings in December to launch and conclude that investigation.
The allegation of electioneering stems from an amended campaign finance report where the committee supporting the Home Rule Charter Amendment, Question 2A, reported a $2,500 contribution from the Town.
The Colorado Fair Campaign Practices Act prohibits state and local governments from spending public money campaigning for or against candidates or issue committees.
The new Town Council dismissed that attorney, Grant Van Der Jact, and hired a new law firm shortly after taking office in January.
Robet Cole, the lawyer from the new firm, disputed Van Der Jagt's findings and conclusions.
"The Van Der Jagt Report has very little legal or factual basis or analysis for its many conclusory statements and summary findings and recommendations," Cole wrote.
He said Van Der Ject's report, "ignores the FCPA (Fair Campaign Practices Act) and Monument Municipal Code provisions that indicated reimbursement is an adequate cure for the improper expenditure of Town funds for the door hangars and yard signs."
Former Mayor Pro-Tem Kelly Elliott had filed a campaign finance complaint with the Town Clerk in October after noticing door hangars and yard signs urging the community to "Vote Yes!" on Question 2A. Yet the campaign committee, Citizens for Home Rule, had listed a $5 contribution and no expenditures prior to the election.
Elliott then requested the Town Clerk appoint an independent hearing officer after the Citizens for Home Rule amended their filing and disclosed the Town as a contributor.
The Citizens reimbursed the Town $2,512.50 on December 12. An hour a half later, hearing officer Geoff Wilson dismissed Elliott's complaint, "Because I believe the Complaint was answered with a sufficient cure by Respondent."
Cole wrote the hearing officer complied with the Fair Campaign Practices Act and the Town's municipal code.
"Repayment of improperly spent public funds is specifically recognized as a cure under the FCPA and the Monument Municipal Code," he said.
Cole also noted "a significant overlap" of people serving on the Home Rule Charter Commission and the political campaign, Citizens for Home Rule.
He believes this led to "a confusion of roles when taking actions such as preparing, ordering, and paying for the door hangars and yard signs."
Cole recommended regular training on legal requirements on campaign finance laws to avoid future violations.
He also encouraged separation between Town personnel and people who are active with campaign committees on measure affecting the Town.
And he recommended having attorneys review any educational materials the Town might pay for in future elections to ensure they meet neutrality requirements.
Mayor Mitch LaKind said in a press release the Town will pursue Cole's recommendations.
"It was improper for the Town Council to authorize and Mr. Van Der Jagt to investigate the matters included in the Elliott Complaint for purposes of enforcing the Municipal Code’s and the Fair Campaign Practices Act’s prohibitions on the use of Town funds for campaign materials," LaKind said.
"The law gives the Town Clerk the sole jurisdiction over such matters."
He added there were several misunderstandings and confusion around the permissible uses of Town funds budgeted for the Home Rule Commission.
"No one involved intended to violate the campaign finance laws and when they understood they had, they promptly repaid the Town, which is recognized by law as an adequate cure," LaKind wrote.
Van Der Jagt criticized the town's decision in a social media post Thusday.
"Is it just coincidence that (my) report found that the illegal acts were committed by the people voting to disavow the report," he wrote.
"These culpable people hired a new town defense attorney to find that they did no wrong. For proof, he read emails by the guilty that we can't see that say they aren't guilty."
Van Der Jagt also shared images of a redacted invoice from another law firm retained by Mayor Mitch LaKind.
He claims LaKind filed an ethics complaint against him to the Colorado Supreme Court Office of Attorney Regulation Counsel. His Facebook post indicated that the legal bill was part of a "vendetta" against him by LaKind.
Kelly Elliott said she requested the invoice through the Colorado Open Records Act after the Town Council voted to pay the $21,500 legal bill.
Elliott said her attorney's notified the Town on Friday that they intend to sue for improper redaction of the document.
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