Editor’s note: This is the first of two stories from interviews conducted with members of the Home Rule Charter Commission and the Citizens for Home Rule issue committee that attempt to explain perceived discrepancies in an investigator’s report. Not all of the article fit in print. For the complete version, please go to gazette.com/thetribune.

MONUMENT • As the investigation into a potential violation of campaign finance laws by the Town of Monument is on pause, initial findings remain incomplete.

A preliminary report states members of the Home Rule Charter Commission and Citizens for Home Rule issue committee did not respond to email inquiries from investigating attorney Grant Van Der Jagt. With this input missing, The Tribune reached out to members of the HRCC and the issue committee in an attempt to further the investigation findings.

At the start of the HRCC’s public meetings to begin drafting the town’s first charter, Ashley Watt was elected to serve as one of the commissioners but later resigned and did not serve beyond its Dec. 16, 2021, meeting. Wayne Laugenson was appointed to serve on the commission and attended his first meeting Jan. 20, 2022. Neither has been contacted in the course of The Tribune’s investigation thus far.

Members of the commission interviewed each said the attorney had no knowledge of the invoice at hand, let alone authorized the payment of it. Although the report cites the town attorney as Kathryn Sellers at the time of the investigation, HRCC members said neither she as the Home Rule Charter Commission counsel, or later as town attorney, nor previous interim town attorney Joe Rivera had anything to do with the authorization of the invoice for signs and door hangers in favor of the 2A ballot initiative.

The funds were “cured” only after public scrutiny, not born of honesty or the desire to do the right thing, they said.

Steve King said it was his understanding at the time the cost of print materials was discussed, it was allowed for the town to purchase signs as long as it purchased them before the charter was placed on the ballot, even if it wasn’t solely educational purposes.

“When we filled out the report for the issues committee, the issues committee was separate and a group thing,” he said. “My thought at the time was the town bought the signs, the town owns the signs. I didn’t see it as a gift.”

After Kelly Elliott filed a complaint with the town and later noted the issue committee didn’t disclose the purchase of the signs, King spoke to the commission’s legal counsel (Sellers). King said she advised him to have the issue committee disclose the purchase and amend its re

port of contributions and expenditures. “Which we did,” he said.

Brandy Turner, commissioner and part of the issue committee, said at some point, someone posted the state statute regarding the situation, and commissioner and issue committee treasurer Joel Lusby said, “It all came down to everything saying ‘Vote Yes.’”

Nobody noticed that wording until the signs were purchased and the committee started putting them up, Lusby said.

“I’m a very black and white person,” Turner said. “I read the statute. I understand now, so I’m like, ‘ OK, let’s just correct it.’”

Turner took it upon herself to go to Tri-Lakes Printing, the vendor for the materials, and pay for the signs herself. She asked the vendor to refund the money to the town.

“All those documents are on the town’s website today. Nothing was pulled out. Nothing was covered up and redacted. It’s all there,” King said. “That’s the trail from the start to the end. There was no embezzlement. There was no stolen money. And there was no self-interest.”

Matt Brunk, commissioner and member of the issue committee, said if one follows the trail of the purchase, it can be seen where the money is at all times. The issue committee and the HRCC were allowed to have signs stating “Vote Yes on the ballot measure” prior to the measure being placed on the ballot.

Brunk said those involved thought there was nothing they hadn’t been informed about at the time. “We didn’t have counsel at the time this came out,” Brunk said. “We were like, ‘Did we do something wrong? Did Mike [Foreman] do something wrong? Did the town do something wrong?’ So, we really didn’t know.”

The issue committee began discussions about whether paying back the money was an option, and other ways to correct the situation, Brunk said.

“There was a lot of chatter on the other side, and we really didn’t know what to do because we didn’t have counsel,” he said. “At that point, (Turner) just said ‘I’m done’ and paid for the signs. We offered to help pay for them, but she just did it. And we were like, ‘Well, OK then.’”

King said the issue committee did nothing wrong. When the issue committee asked Sellers for advice on the situation regarding its contributions report, Brunk said the cost for that was paid “on our own dime.” That was the last time Brunk remembered the committee discussing the matter until the opposition started to make claims of an electioneering violation, he said.

Regarding using the Town seal for promotional issue committee materials

The seal of the Town of Monument is what Town Clerk Laura Hogan uses to stamp official town documents. The “seal” that is noted in the initial investigation report refers to the Town of Monument logo which was used on the issue committee’s door hangers as well as yard signs, door hangers and direct mailers used by the opposing No on 2A issue committee.

“The logo is not copyrighted,” Lusby said. “It’s free to use. Nobody even has access to the town seal. It’s like a notary.”

Turner said the town logo had been used on materials in 2021 used to educate the community on Home Rule governance and the creation of a charter commission. She said that is where the idea to use the town logo came from.

“We thought, ‘ why reinvent the wheel?’ A lot of that stuff had really good reasons for Home Rule,” Brunk said. “Initially we talked about why not take out a few things and put some other things in order to cut down on cost.”

Brunk said keeping HRCC costs low was a priority. The committee wanted to avoid the additional expense of hiring a professional graphic designer.

There was discussion between the HRCC and Town Manager Mike Foreman about the town logo long before any complaint regarding an electioneering violation was made, Turner said. Foreman told them the logo isn’t copyrighted and anyone can use it, she said.

“At no point did anyone say, ‘ before you send anything out, let town hall look at it, approve your material,’” Shannon Clark, commissioner and issue committee volunteer, said.

Lusby said because of this situation, it probably will become a new protocol for the town.

Among the HRCC members interviewed, each said Sellers was ever asked about use of the town seal or logo.

Jennifer Coopman, a commissioner and issue committee volunteer, said the only time it was talked about was when the HRCC needed to pick a picture for the front of the charter. They agreed to use a photo of the intersection of 2nd Street and Highway 105.

“We talked about if it was a copyrighted picture,” Coopman said. “We needed to check.”

King said Foreman was asked if they could use that photo for the charter cover, to which he informed them the town owned the photo and it could be used.

Lusby noted once the commissioners formed an issues committee, Sellers recused herself from it and didn’t sit in on any meetings of the committee. “She was out of it,” he said.

Municipal attorney Corey Hoffman’s advice to the HRCC in the report said, “real world constraint, once the ballot issue is set, town cannot spend any money for

Wednesday, January 25, 2023

or against.”

Those interviewed said everything going on the printed materials in question was decided prior to the ballot issue being set. King said it was prior to the April 18 Board of Trustees meeting when the charter was presented to trustees for affirmation.

“We didn’t submit anything for Mike (Foreman) to approve,” Brunk said. “We took it to Tri-Lakes Printing and that was it. Nobody approved anything and we were never told anybody had to.”

Commissioner and issues committee volunteer Sana Abbott said she approved the design proof with Tri-Lakes Printing to move forward with the creation of the materials.

Watt initially took on designing the materials, but after she resigned from the commission, Abbott took over in order to meet the commission’s timeline. After learning a graphic designer could cost $35-50 per hour, Abbott decided to do the design herself, avoiding further charges to the town, she said.

“It was like herding cats to get everybody’s input, so it became myself and Brandy (Turner) who did the majority of the decision making for the designs,” Abbott said.

Abbott emailed the completed designs to Tri-Lakes Printing and she said she copied Turner and Foreman on that email but she couldn’t confirm Foreman received or saw it.

She also believes she included Hogan on the email.

“I wasn’t being secretive,” Abbott said. King said all these steps had been completed before the charter was presented to the Board of Trustees.

“The invoice was submitted before the charter went on the ballot,” he said. “We are 100% sure of that.”

(This article is continued online)