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Open Letter To The Community
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PostPosted: Thu Oct 22, 2009 11:42 am    Post subject: no "do-overs" Reply with quote

Quote:
John was one of many.  Council had the final say.


Fact: regarding the 20th and Depew committee, John was one of 8 on the committee but as Council President, he and Bob Prewitt created and lead the committee.
Council did have the final say when they voted to disband the 20th and Depew committee because Edgewater residents had lost faith in the committee's ability to be responsive to the community and to develop the project.
"Big John" resigned from Council.
Council did assume responsibility for the development of 20th and Depew and eventually entered into an agreement with The Ice Ranch Inc. to provide a commercial ice arena, restaurant, recreation facilities, meeting rooms and offices inside the ice arena building and a spray park and other amenities outside the building for the community.
Then, last October, the recession hit but there are people at this very moment still working to develop 20th. and Depew.
I don't understand why, in his statement this morning in the HUB,  McCloskey thinks there is anything for him to help develop at 20th and Depew. The community has already asked him to step aside and Council confirmed that with their vote.
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PostPosted: Thu Oct 22, 2009 1:52 pm    Post subject: Reply with quote

Quote:
Officials, employees and members of their immediate family may accept the following even if the official or employee is in a position to take official action with regard to the donor or if the official or employee has an existing, ongoing or pending contract, business or regulatory relationship with the donor:
...
(8)Items of perishable or nonpermanent value, including but not limited to meals, lodging or tickets to sporting, recreational educational or cultural events;

Hopefully the new Council will correct this piece of poor legislation which was rammed through Council, using Home Rule Power, to beat the States Constitutional requirements that we the Citizens of Colorado voted on.  As written the code would allow any potential contractor to take any and all City policy makers to the Super Bowel to sway their vote.  It's just wrong.
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PostPosted: Thu Oct 22, 2009 2:49 pm    Post subject: The law is the law. Reply with quote

It's not OK to make it up to suit your purposes or to harm someone else with.
You owe those folks an apology.
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PostPosted: Thu Oct 22, 2009 9:23 pm    Post subject: Reply with quote

In 2006 the Citizens of Colorado passed Amendment 41 which is now Article 29 of our State Constitution.
http://www.colorado.gov/cs/Satell...e=1224913947935&ssbinary=true
Before that law was enacted,  the Edgewater City Council in January of 2007, as it's first order of business (Ordinance 01-07) used the powers of Home Rule to create a watered down Code of Ethics to shield its self from the stringent requirements of Amendment 41.
http://www.colocode.com/edgewater/edgewater_02.pdf
That is not made up, it is historical fact and in the record.  I owe no one an apology.
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PostPosted: Fri Oct 23, 2009 9:06 am    Post subject: Your premise is flawed, Sir Reply with quote

You have accused people of violating rules that do not exist on their books. That is similar to saying, if I steal a loaf of bread in the USA, I can have my fingers cut off because in Saudi Arabia, those are the rules.
Colorado's Proud Tradition of Home Rule, is just that, a proud tradition giving small communities the right and authority to be self governing.
If those were the rules and they followed the rules you can not say they did anything wrong. The law is the law.
If you have an issue with Home Rule then you should be addressing this issue in the state legislature not victimizing a few honest Councilpersons for receiving good advice from their Attorney and acting on it in the spirit of fellowship and cooperation.
And to do all this to gain political advantage by trying to tarnish their good names in an election is truly unethical and underhanded. You do indeed owe them an apology. Shame on you.
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PostPosted: Fri Oct 23, 2009 9:36 am    Post subject: Reply with quote

The only unethical thing about this was the political loophole Council took advantage of.  Legal is not always ethical nor right.  Of what benefit to the City is it for any City official to accept "perishable" gifts of whatever value used to influence them?  It is the root of corruption, one all to familiar in Washington.  This very behavior has led to some of the most  egregious failures of our City.  It is time to correct our Code of Ethics and remove the temptation.  Our Code of Ethics should address conflicts of interest and public declaration of a conflict of interest.  No more sneaking around under the cloak of hidden City email invites, "working  lunches" or exotic "retreats".
Again the apology is not mine to be given.
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PostPosted: Fri Oct 23, 2009 10:05 am    Post subject: Close the loopholes Reply with quote

Point taken, if the Code of Ethics needs to be brought into line to keep certain Councilpersons from lunching with the Sloan's boys, I agree, wholeheartedly. I simply don't believe that the two Council persons being skewered in this election did anything other than listen to advice of Council and act in good faith.
They are not attorneys, they didn't perceive their actions to be exploiting unethical, but legal loopholes.
Had they seen this problem of perception, in my opinion, they wouldn't have gotten anywhere near that baseball game.
They are being made unfair examples of a larger more pervasive problem.
Review the code of ethics and correct the loopholes.
and obviously, you are not the offending party, you write too well.
Please accept my apologies.
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PostPosted: Fri Oct 23, 2009 10:21 am    Post subject: Reply with quote

I do not wish to beat up on anyone.  But a problem exists and what better time to bring it up than an election, when public awareness is at it's highest.  If the incumbents and new candidates are made aware of the problem then it behooves them to address it.  If not now, then soon after they assume office.
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PostPosted: Fri Oct 23, 2009 11:25 am    Post subject: Reply with quote

For those who don't like our Charter, that should be addressed as an item for the voters to decide on. It can be changed by a vote of citizens at an  election.  Don't forget that the Charter was voted on and passed by a majority of citizens only last year. It was the citizens' vote, not council's vote. Don't put this on their shoulders.

All candidates, except McCloskey, are running a clean campaign, with no personl attacks. I guess he feels he can't run on his "good" name huh?  It's a shame he has  personally attacked  Laura and Adam. It's wrong. Because he, I believe  from reading previous postings and knowing his past antics, is against them for not voting for him for CRCC. This is yet another of his bullying techniques. Have you listened to that tape? Thank heavens the majority of council did not approve him.  He is vindictive, at best.  It's sad he attacks our current council , city manager, staff and attorney who have all shown they are only interested in doing what is right for our community.  Does council all agree on every issue? Absoluteley not. Thank God. We need a council that looks into everything and has our interests at heart.  It seems McCloskey, and some past councilmembers and mayors, have not had this ideal.  Past actions speak loudly. This man is trouble.  I wish everyone had seen him in action. He is bitter and angry. We don't need that ever again. We need representatives who don't have chips on their shoulders.
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PostPosted: Fri Oct 23, 2009 11:59 am    Post subject: Reply with quote

Regardless of McCloskey or any other candidate or incumbent, the Code of Ethics is not a Charter issue to be voted upon by the Citizens.  The Code of Ethics is established by Council by ordinance.  According to the Charter:
Quote:
ARTICLE VII. CODE OF ETHICS
7.1 Purpose and intent. (1) Whereas high standards of ethical conduct for those participating in local government is a matter of local concern, the City hereby declares that, as a home rule municipality, and by operation of Section 7 of Article XXIX of the Colorado Constitution, it may adopt standards of ethical conduct that apply to its elected officials, officers, employees, volunteer firefighters and board and commission members to the exclusion of statutory provisions regulating the conduct of those individuals.
(2) It is the City’s express intent to set high standards of ethical conduct that at all times honor the public’s trust and avoid even the appearance of impropriety, and it is the City’s express intent that this Article VII be interpreted and applied broadly in order to encourage responsible conduct at all levels of service to the City.
(3) The City hereby promulgates its own code of ethics that shall supersede the substantive requirements of Article XXIX of the Colorado Constitution.
(4) The City’s code of ethics, which shall apply as follows, may be enhanced by ordinance in any way that does not conflict with this Charter, in any way that is more restrictive than the requirements of this Article, or in any way that extends the requirements of this Article to other persons or classes of persons.

However, the CRCC does enforce the Code of Ethics in regards to the duty to declare a conflict of interest by public officials.


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