Mayor Fey’s dual run: Central City Mayor Jeremy Fey expresses gratitude that Black Hawk and Gilpin County are finally aligned on an issue, even if it is against his idea of holding two offices. The Mayor announced his candidacy for commissioner in July 2024 and intends to keep his seat as Mayor of Central City.[/caption]

Central City Mayor Jeremy Fey’s decision to run for Gilpin County Commissioner while retaining his mayoral office has ignited a debate that spans the municipalities in Gilpin County and evokes both the principles of governance and potential conflicts of interest.

The Gilpin County Commissioners convened for their regular meeting on Tuesday, August 27, 2024. All commissioners – Susan Berumen (Chair), Marie Mornis, and Sandy Hollingsworth – were in attendance. Key officials including County Attorney Brad Benning, Deputy Clerk Kimberly Kaufman, and County Manager Ray Rears were also present.

Addressing the Gilpin County Commissioners on August 27, Fey asserted that his candidacy was not only legal but justified by precedent, citing a similar situation that occurred in Baca County. However, the response from Black Hawk and the broader Gilpin community has been less than supportive.

Fey said there is no state statute or law that prevents someone from holding both the commissioner and mayor positions.

He also said he thought Mornis, as his opposing candidate, might have a political agenda concerning the resolution. He said Berumen and Hollingsworth, who have endorsed his Democratic opponent Jeff Aiken, also have a conflict.

He asked the commissioners to attend the September intergovernmental meeting to discuss the matter.

He ended by saying, “I am very happy, just as a potential candidate, I’m able to bring Black Hawk and the County together to agree on something.”

The crux of the controversy with Fey involves Resolution 24-121, a joint resolution by Black Hawk and Gilpin County, which argues that holding the dual offices of Mayor and County Commissioner would inherently create conflicts of interest, thus violating the Doctrine of Incompatible Offices.

Benning said this doctrine, rooted in common law, suggests that the responsibilities of the two roles could conflict, undermining public trust in the impartiality and efficiency of governance.

He pointed out that, while no state law expressly forbids dual office-holding, the ethical implications cannot be ignored.

He argued that public officials should avoid even the appearance of impropriety, ensuring that their decisions are made without divided loyalties. This argument is bolstered by historical precedents, where officials in similar situations, including former Central City mayors, stepped down from one role upon election to another.

Rears said the Black Hawk City Council will vote on the matter at their meeting on August 28.

As the debate unfolds, the residents of Gilpin County are left to ponder whether Fey’s ambition is a commendable pursuit of public service or a potential overreach that could destabilize the local political landscape.

During public comment, resident Phil Gibbs also spoke, saying that “it doesn’t seem right,” that one commissioner stood in public support of the proposed intergovernmental agreement to fund the Community Center at the last Black Hawk City Council meeting. He added that the IGA may not be motivated to help the County, but rather the casinos. He asked Mornis to recuse herself from any further decisions regarding the IGA.

The rest of the Gilpin County Commissioners’ meeting covered a range of important County business:

Resolution 24-112: Amendment to Platted Building Envelope for Lot 6, Roosevelt Ridge Subdivision – Rob Gutierrez, Community Development Director, and Planner Rachel Vigil presented a request from petitioner Melvin Thoede to move the platted building envelope 160 feet northeast from its original position.

Concerns were raised about the impact on conservation easements, specifically around Roosevelt Ridge.

Attorney Megan Christensen, representing local resident Kip Lagorin, emphasized the need to enforce these easements strictly.

Lagorin said the only allowable changes to conservation easements are for fire mitigation. He said lots have been split up and roadways changed, and suggested the Board read the original covenants.

Hollingsworth asked for more information on conservation easements.

Gutierrez said there is nothing in the application that violates the conservation easement. He said the easements apply to everything outside the building envelopes.

Hollingsworth asked when changes were approved. Gutierrez said he would check the minutes from a BoCC meeting in September 2021. She asked if the applicants will be allowed to continue their building. Rears suggested an internal dialogue about that.

There will be a continuance until October 22, which will include the public hearing on the issue.

Resolution 24-116: 1st Judicial District Competency Docket MOU and Confidentiality Agreement – Undersheriff Greg Demo and Paralegal Sarah Baciak introduced a Memorandum of Understanding (MOU) regarding the 1st Judicial District’s Competency Court, designed to assist mentally ill or developmentally disabled defendants. The resolution, aimed at managing these cases cooperatively, was unanimously approved.

Human Resources Director Chanda Johnson introduced Nancy Larson, who retired from Road and Bridge after 21 years of service. Larson was honored with a framed certificate, and her colleagues gathered to bid her farewell.

Resolution BLA 24-2: Boundary Line Adjustment for 565 Bald Mountain Drive. Vigil explained that the applicant mistakenly built a house on the Gladness Lode Mine due to an incorrect survey. An agreement was reached to adjust the boundary line, and the resolution was approved without opposition.

Resolution BLE 24-2: Boundary Line Elimination for 678 La Chula Road. The Board approved a request to eliminate the boundary line between two parcels in the Brickley Highlands Subdivision, as it complied with zoning regulations for subdivision exemptions.

Consent Agenda: The consent agenda included the July 2024 Treasurer’s Monthly Report, meeting minutes from recent sessions, and Resolution 24-115, authorizing the execution of the Colorado Department of Public Health and Environment’s Personal Identifying Information Certification.

Executive Session The board recessed into an Executive Session at 10:30 a.m. to discuss potential real estate transactions under C.R.S. §24-6-402(4)(a). Upon returning at 12:20 p.m., the Board authorized the County Manager to enter into contract negotiations for the possible purchase of real estate, with the motion passing unanimously.

The meeting was adjourned promptly after the session.

Rears said there will be a work session on Tuesday, September 17, 2024 that will address the following: GIS/Surveyor Update, NoCo – Conservation and Recreation Vision; OWTS – Public Health; and Recruitment and Retention Incentive update.

The next regular meeting of the Gilpin County Board of County Commissioners is scheduled for September 10, 2024, at 9 a.m. and will be held in person at the Historic Courthouse, 203 Eureka Street, Central City and online via Zoom.