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Council stands strong on dual office ban: The Black Hawk City Council has passed a joint resolution along with a separate City resolution prohibiting the holding of dual offices, such as Mayor and Commissioner. The decision follows Central City Mayor Fey’s announcement of his candidacy for Gilpin County Commissioner.[/caption]
The Black Hawk City Council convened on August 28, 2024, at 3 p.m. with Zane Plsek ringing the bell to commence the meeting. Plsek is the newest member of the Black Hawk/ Central City Sanitation District and is also a Central City Council candidate,
Mayor David Spellman called the meeting to order, with Aldermen Paul Bennet, Jim Johnson, Greg Moates, Benito Torres, Linda Armbright, and Hal Midcap present.
During council comments, Torres expressed concerns regarding the issue of Sexually Oriented Businesses (SOBs) and criticized Central City Mayor Jeremy Fey for attempting to hold two political positions simultaneously.
“[Fey] understands that most people are opposed to the SOB. He has that message loud and clear…. Here’s the thing: trying to make believe that you can have two political positions at the same time and increase your power, hoping that by gaining more power you can somehow impose the SOBs on the rest of the community... it’s probably the dumbest move I’ve seen in a long time,” said Torres.
The council then took up several action items, including the following resolutions:
Resolution 71-2024 was approved, granting a temporary construction easement between the city and the Mary Kay and Gerhard L. Schopen Joint Tenancy for improvements at 311 High Street. The city anticipates issuing a notice on September 12 to proceed for the construction project.
Resolution 72-2024, a joint resolution, was passed, finding that the offices of the Mayor or Alderman of the City of Central or City of Black Hawk and Gilpin County Commissioner are incompatible and that the Doctrine of Incompatible Offices applies.
This comes in the wake of Fey running for the District 1 County Commissioner seat while holding the office of Mayor in Central City.
The resolution states: “WHEREAS, Black Hawk, Central City, and Gilpin County believe that the offices of Mayor or Alderman and County Commissioner are incompatible as a matter of law under the doctrine of incompatible offices because the duties of one office cannot be faithfully discharged without interfering with the faithful discharge of the duties of the other under the structure of Colorado law…”
City Attorney Corey Hoffman reported that Gilpin County had adopted the resolution the previous day.
He said, “Frankly, the City of Black Hawk has always known [this doctrine] was a doctrine that prevented a member of the Board of Aldermen or the Mayor from sitting as a member of the Board of County Commissioners of Gilpin County.”
He mentioned allegiance and divided loyalty, saying the premise is to serve one entity faithfully. He echoed County Manager Ray Rears when he said, “It’s also an issue of good governance.”
Resolution 73-2024 was also approved, specifically finding that the offices of the Mayor of Central City and Gilpin County Commissioner are incompatible.
The resolution concludes: “The acceptance of any of the above offices while holding one of the incompatible offices as set forth herein must result in immediate and automatic vacation of the person’s previous elected position.”
Spellman pointed out the differences between the resolutions: the first is a joint resolution and the second is specific to Black Hawk. He mentioned that they are considering a charter change to clarify their position.
The meeting concluded with an executive session to receive legal advice regarding City-owned land on Gregory Hill, the Gregory Street HARD District, and other City properties.
The meeting adjourned at 3:17 p.m. following the executive session.
The next regular meeting of the Black Hawk City Council is scheduled for September 11, 2024, at 3 p.m. in the Council Chambers located at 211 Church Street, Black Hawk, Colorado.
