The Rule of Law

Mayor Moore’s violations

The Rule of Law is at the core of the recall committee’s actions. No one has a personal stake in the outcome of the recall process. We really do want to know what the people think. This is a public information campaign. It is the only recourse the public has when a town official violates State Statutes, Town Ordinances, and the Code of Ethics.

The petition states The Mayor is being recalled for “continued and flagrant disregard of State Statutes and Town Ordinances to the detriment of the Staff, the Town Board, and the Community”.

The following incidents illustrate Mayor Moore’s violations, and now all are a matter of public record.

At the July 3, 2007, Planning & Zoning Commission Meeting, Mayor Moore spoke out against the Siltwood project, a 7-unit apartment building adjacent to Moore’s Center Townhomes development. At the July 9, Board of Trustees Meeting, Mayor-Pro-Tem Tibbetts asked Mayor Moore to recuse himself from the discussion of the Siltwood project due to a conflict of interest. The Mayor refused. The Town Attorney advised that “Mayor Moore was listed as an adjacent property owner within 200 feet of the project who was noticed by the applicant. According to State Statutes, a person who has a pecuniary interest, and who performs in an official capacity cannot vote”. Yet The Mayor insisted he had no conflict of interest. The Board voted in favor of recusing The Mayor from the dealing with the Siltwood project.
State Statutes violation
Silt Municipal Code, 2.04.110 Code of Ethics violation:
J. Disclosure of Interest in Legislation. Any official or employee with a substantial personal interest in any legislation pending before the board of trustees or the planning and zoning commission shall:
1. Cause to be disclosed the existence of the interest into the record of the next regularly scheduled board of trustees meeting; and
2. Be disqualified with respect to any official act to which the interest relates.
In addition to the foregoing, an appointed official shall also cause to be disclosed the existence of the interest into the record of the next regularly scheduled meeting of the body upon which the appointed official serves.

As documented in Detective Paul Taylor’s Investigation Report, Mayor Moore repeatedly interfered with employee issues in violation of the Employee Handbook, Code of Ethics, and the Silt Home Rule Charter. Two key employees – the Town Administrator and the Community Development Director – resigned citing his inappropriate interference in their jobs as part of the reason.

This investigation also concerned improper action by Town Board Members, Mayor Dave Moore and Trustee Doug Williams. They are alleged to have asked for and received personnel information from [redacted] as well as other employees.

She said that Mayor Moore had spoken to her several times about different items that he felt were important. These conversations took her away from the work that she was doing and added to the stress levels.

The only questions that had been discussed were with Mayor Moore and that they had all been regarding the time that [redacted] had been taking for lunch breaks and who she was at lunch with.

I interviewed Mayor Dave Moore: He stated that he had tried to stay neutral during all of the personnel issues. He said that he had discussed some issues with Doug Williams regarding personnel issues. He also said that he had talked with [redacted] a couple of times during the last few weeks. He also said that he took [redacted] letter of resignation and did not accept it. He agreed that everyone had made mistakes and that the Town needed to heal.
Violations: section 1-16 Code of Ethics pertaining to 24-18-101 et seq. section 2-4 of the Home Rule Charter Duties of Mayor, 18-8-404 (1) (a) (c) 1s1 degree official misconduct a class 2 misdemeanor.

At the April 25, 2007, Stillwater Special hearing on revised Metropolitan Districts, Mayor Moore did not fulfill his primary responsibility to conduct a fair and impartial hearing. He filibustered by presenting a 30-minute Power Point presentation on his opposing positions before the Board voted. Board action in the form of a resolution was necessary to reiterate the proper hearing conduct for The Mayor, and restore the meeting to order.
Silt Municipal Code violation
2.28.030 Presiding officer–Mayor–Mayor pro tem–Temporary chair.
A. Duties of the Presiding Officer.
3. Recognize members who are entitled to the floor;
5. To the extent possible, preserve order and decorum, prevent persons present from attacking personalities or impugning board members’ motives; and limit members or other persons involved in debate to the questions under discussion;
6. Expedite business in every way compatible with the rights of members;

During the month of December 2006, Mayor Moore repeatedly violated the Colorado Open Meetings Law – Sunshine Law – by discussing and soliciting decisions via email on the River Park issue and the Stillwater Metropolitan Districts issue. Both issues were pending before the Board at that time. The Town Attorney warned The Mayor that the emails were in violation of State Statutes, but he continued the practice. When Mayor Pro-Tem Tibbetts complained about the emails, Mayor Moore simply took Tibbetts’ name off the list of recipients.
Colorado Open Meetings Law violation
24-6-402. Meetings - open to public.
(b) “Meeting” means any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication.
2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.

At the November 27, 2006, Board of Trustees Meeting, Mayor Moore knowingly violated Town Ordinances pertaining to Public Comments because he felt it was important. He didn’t call for a motion or ask for input.
Silt Municipal Code violation
2.28.020 Meetings to be public.
B. At regular board meetings, time shall be designated on the agenda for public comment so interested individuals or spokespersons for various organizations may present their views directly to the board. At the board’s discretion, time for public comment may be designated on a special or emergency meeting agenda.
C. The following shall be the required procedures for public comment at any board meeting:
3. The presiding officer will recognize each individual desiring to address the board on any agenda item when such item is before the board for discussion. The individual providing comment shall have no more than five minutes to address the board.
5. The time limits or procedures in this section may be suspended or amended by majority vote of the members present. (Ord. 24-00 (part))

In June 2004, when Mayor Moore was a Town Trustee, he engaged in discussions with the owners of the Heron’s Nest/Viking RV Park, which were applicants before the Town Board. The Town Attorney advised Moore that his conversations with the applicants were inappropriate and against the law. Moore said, “If we’re elected officials in town, I don’t think there’s anything wrong with it.”
State Statutes violation
Silt Municipal Code of Ethics violation

All of these incidents exhibit a pattern of conduct in which The Mayor has repeatedly displayed “continued and flagrant disregard of State Statutes and Town Ordinances to the detriment of the Staff, the Town Board, and the Community”.

Imagine that you are an applicant bringing an issue before the Town Board. Instead of a fair hearing, you arrive with the deck stacked against you. Then The Mayor speaks out against your issue, using up most of your allotted time, before you can be heard.

The incidents presented here are not anyone’s interpretation of the issues. They are a matter of public record. They are the facts. There are not 2 sets of facts.

All elected officials swear an oath to uphold the law. Mayor Moore has repeatedly violated the law, and his oath of office. For such breach of public trust, he should be recalled.