Complaint against three Glenwood Springs officials alleges advocacy for sales tax Ballot Measure 2A
Editor’s note: This story was reviewed by Vail Daily Editor Nate Peterson and The Aspen Times Editor Ray K. Erku since it involves reporting on the Post Independent.
A formal complaint filed with the Colorado Secretary of State accuses three City of Glenwood Springs employees of improperly advocating for Ballot Measure 2A in quotes provided to the Post Independent for a story published Oct. 16.
Ballot measure 2A seeks to continue a half-cent sales tax for streets while increasing it by a quarter-cent and implement an additional quarter-cent for underground infrastructure.
The complaint, submitted by former City Council member and district attorney Tony Hershey, alleges that city employees violated Colorado’s Fair Campaign Practices Act by promoting the measure in an interview with the Glenwood Springs Post Independent. Hershey served as an at-large city council member from 2019-2023 before losing to then-challenger Erin Zalinski. He successfully sued the Glenwood Springs City Council later in 2023 for violating Colorado open meetings law when deciding to terminate former City Manager Beverli Marshall’s employment in a meeting closed to the public.
The interviews with city staff were initiated by the Post Independent as part of its standard news-gathering process while working on a story explaining Ballot Measure 2A. Post Independent Reporter Taylor Cramer received contact information for city staff as well as supporters and opponents from Publisher and Editor Peter Baumann. He then reached out to schedule interviews regarding 2A. The story, “Glenwood Springs voters to consider penny sales tax for infrastructure this November,” can be found in the Oct. 16 print edition or online at http://www.postindependent.com.
Hershey contends that comments made by City Manager Steve Boyd, Public Works Director Matt Langhorst, and Public Information Officer Bryana Starbuck in an Oct. 16 article crossed the line from providing factual information to advocating for the tax’s passage. According to Hershey, this is a violation of C.R.S.A. § 1-45-117, which prohibits public employees from using taxpayer-funded resources and time to influence ballot initiatives.
In response to the complaint, Boyd issued a statement on behalf of the city, defending the officials’ comments.
“A complaint has been filed with the Colorado Secretary of State’s office alleging a violation of C.R.S.A. § 1-45-117 for interview responses quoted in the October 16 Glenwood Springs Post Independent,” Boyd said in the statement. “City staff take our responsibilities to comply with the Fair Campaign Practices Act (FCPA) very seriously. City staff reaffirms that we take no public position for or against local ballot issue 2A.”
Boyd further asserted that the comments made by city officials were in compliance with the law, explaining that they were merely providing factual responses to questions.
“In the interview requested by the Post Independent, I believe staff operated with integrity to respond in accordance with FCPA to questions asked about ballot issue 2A,” Boyd said.
He also emphasized that the city would fully cooperate with any investigation conducted by the Colorado secretary of state.
“Out of an abundance of caution, the city will not be responding to additional questions regarding any election matters until after the election is completed,” Boyd added.
The complaint is currently under review by the Colorado secretary of state’s office, with a decision set to be made on Nov. 5.
Within 10 days of receiving a complaint, the Colorado Secretary of State Enforcement Team will assess whether it is timely, identifies specific violations of Colorado CPF law, and includes sufficient facts. Based on the initial review, the team may file a motion to dismiss, offer the respondent an opportunity to cure (resolve) the violation, or proceed with further investigation.
If the respondent is offered the opportunity to cure, they have 10 business days to submit evidence of compliance. This deadline may be extended to allow more time for the respondent to provide requested information or resolve the violation. If the enforcement team believes the violation has been resolved, they will file a motion to dismiss with the Deputy Secretary of State. If not, the complaint moves to investigation.
During the investigation, which must be completed within 30 days, the enforcement team may file a motion to dismiss or submit a complaint to the hearing officer. The hearing must comply with the Colorado Administrative Procedure Act, with the hearing officer required to schedule a hearing within 30 days of the complaint’s filing.
If a complaint is determined to be valid, the respondent has 35 days to appeal the decision.
In his complaint, Hershey points to specific quotes made by the city officials.
“The City public works director specifically refutes a claim by 2A opponent Gary Vick with regards to how the funds on the ballot measure can be spent,” Hershey wrote in the complaint. “Correct or not, he is advocating for the tax.”
Hershey also noted that Boyd addressed concerns regarding the potential impact of the tax on local businesses.
“The question is whether an additional half a percent of sales tax would keep a customer from coming to that store and buying something, and there really is no evidence that that’s the case,” Boyd said in the Post Independent article.
Hershey’s complaint argues that Boyd’s statement serves as an attempt to sway voters by downplaying potential negative impacts on businesses and swaying public opinion toward supporting the measure.
Additionally, Hershey’s complaint criticizes Starbuck’s comments about the financial efficiency of addressing multiple infrastructure projects simultaneously with Measure 2A funding.
“When we can have a holistic approach and do everything at the same time with the same dig, we try to do that,” Starbuck was quoted as saying. “It’s cheaper if you can do multiple things at the same time instead of having crews come back out, remobilize, and re-dig everything up.”
Hershey asserts that while this is a factual statement, it promotes the tax by suggesting that the city would only be able to achieve these efficiencies if voters approve the measure.
“If she had just said it’s cheaper to do everything at once, fine,” Hershey told the Post Independent. “But when she tied that directly to the benefits of passing Measure 2A… that’s where it goes right up to a line.”
In an interview with the Post Independent, Hershey elaborated further on his concerns.
“They made it clear in that they couldn’t be pro or con,” Hershey said, referring to a meeting city officials had with the Post Independent. “But when I read what (Starbuck) said, she’s advocating. She’s saying, ‘If you vote for this, this is what we can do.’ The city manager says, ‘No, you’re wrong. There are no studies that show an increase in sales tax is going to hurt business.’ That seems to me to be urging a position. You can’t do that.
The complaint is currently under review by the Colorado secretary of state’s office, with a decision set to be made on Nov. 5.
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