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| 12/3/2008 5:22:00 PM | Email this article • Print this article | In a Nov. 14 letter to The Town, Russell's attorney, Larry W. Berkowitz, of Grimshaw & Harring, P.C. Denver, requested retraction and withdrawal of the notice and asked for a hearing and information including discovery. Berkowitz said that none of the cited reasons arise to the level of malfeasance or misconduct in office required for removal. He said the town's code is silent on reasons for removal. A hearing is pursuant to town code. He said Russell does not waive or relinquish any right or remedies she may have to seek judicial relief, including, as necessary, equitable or injunctive relief.
By the time of the Nov. 24 meeting, Berkowitz filed a motion to recuse the five trustees who approved the removal from the hearing as it was combining judging with prosecuting and was a risk of bias. He also submitted a motion to dismiss saying the code was silent on the grounds for dismissal and the first amendment guarantees freedom of speech.
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Supporters turn out for Cara Russell
Kathy Davis
Times Reporter
Buena Vista trustees voted 5-1 to rescind their call for the dismissal of mayor Cara Russell after hearing public comments in favor of keeping her during the regular meeting Nov. 25 at the Buena Vista Community Center.
Trustees Joel Benson, Robert Flint, Norm Nyberg, Keith Baker and Mark Boston voted to rescind the letter of removal. Brett Mitchell voted no.
The majority of comments coming from several of the approximately 40 citizens in attendance supported the mayor and her Oct. 30 "Mayor's Focus" column that prompted the call for removal. The column appears occasionally in The Times. Comments included that: she has a right to freedom of speech, a discussion should be face to face and not behind closed doors, and it was sour grapes over The Meadows election. Additional comments were that there would probably be recalls, justice would prevail in a court, there were special interests on the board, and that the article pointed out the pros and cons of annexation. Town resident Paul Ahrens said that she has served this town ably, adequately and faithfully. He said she was the first mayor who put information in the paper, which is a necessary thing to provide information on all issues so people can know what is happening in town. Resident Kathy Hoerlin said the mayor has many times helped people in times of difficulty. She asked the trustees to drop this, come together and continue to work for the town.
Resident Bob Nicolai said, "You've been in office for six months and during that time you've been here you got a new town administrator, town attorney and treasurer ... and now you want to remove the mayor. You should figure out the real reason The Town voted it (The Meadows) down. Perhaps it's time you resigned for the good of the people of this town."
John Goodwin, who lives on the edge of town, said, "I've seen a lot of dumb stuff but this really takes the cake." There will probably be recalls and the trustees will deserve it, he said. "I'd just like to support the mayor," he said.
More emotional comments came from her husband, Mickey Russell, who said everyone has the right to freedom of opinion and expression. He asked the trustees to rescind the letter of removal and to apologize to the town and to the mayor. He said the council's action at the last meeting has really strengthened her belief in freedom of speech. "I know that she will not stop and she will fight to the end for hers, yours and even the trustees' freedom of speech. She will not waiver; she will not step aside. And yes, she will continue to express her opinion whether it is in the paper, radio, television or just talking to the good and decent folk of Buena Vista."
Speaking against the mayor was county resident Elmer Olinger who said he was representing himself and not The Meadows or Meadows holdings. He said he was impressed with her popularity. This is not about popularity, he said. He said she had signed an agreement on The Meadows to be honest. John Cogswell delivered a letter stating that what she did was dishonest, he said.
Following citizen comments, trustee Mark Boston said what this is about is the mayor criticizing the council and undermining the decision of the trustees, he said. The timing of the column was inappropriate, he said. If there is opposition from board members it needs to be addressed at the time of discussion, not after, he said. He said he did advocate free speech and was not on town board for a special interest.
Trustee Brett Mitchell said it was not personal but there are ethical standards. It was unethical for her to come out in a public forum without any chance for discussion, he said. He said she had abused her power in office.
"I have one slight concern. I get the feeling you don't think you did anything wrong. We agreed to work in good faith. If you don't think you did anything wrong I can't vote for the motion (to rescind)." Later, Russell said, "My calling to serve to the highest and best interest of the citizens will always trump in my office as mayor."
Trustee Keith Baker said it was never a First Amendment issue. "It is very important to me to uphold the constitution. I don't need to be lectured on free speech," he said. "For me it was an issue of leadership and unity." The article concerned him, he said. "I have always had the town's best interest at heart and don't have an agenda. I have come to the conclusion this is the wrong process at the wrong time," he said.
During the trustees' discussion toward the end of the meeting, Mitchell asked if they could modify the town code that talks about removal of someone from office so future boards don't fall into what they did. Town attorney Lee Phillips said they are bound by statutory regulations and can't alter it but they could supplement the code.
On Nov. 10, Buena Vista Trustees voted 5-1 on a motion to sign and present a letter calling for the removal from office of Russell charging that she had undermined, opposed and criticized their positions on ballot question 2H for the annexation of The Meadows in her Oct. 30 "Mayor's Focus" column and a local online forum, possibly influencing the outcome of the election.
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