Elbert County News 0409

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April 9, 2015 VOLU M E 1 2 0 | I S S UE 1 0 | 7 5 ¢

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NEWS IN A HURRY Art on display in Elbert

More than 300 works are on display at the Elbert School spring art show, which runs through the end of April. The show highlights the twoand three-dimensional work of kindergarten through 12th-grade students. The school is at 24489 Main St., Elbert.

The S.T.A.R.S will be out

The Elizabeth Education Foundation will be hosting the 17th Annual S.T.A.R.S Banquet on April 11 at Elizabeth High School. Students Taking Accountability and Responsibility Seriously is a program that recognizes students from throughout the school district who have a positive impact not only in their respective schools, but also within the community. Each year approximately 50 students are nominated by faculty members to receive the award.

Health fair coming

The 9 Health Fair, presented by Channel 9 News, will be held from 7 a.m. to noon April 18 at Elizabeth Middle School. The event offers basic health screenings, some of which are free and some that come with a charge. Online registration is available at www.9healthfair.org/ register. Same-day registration is also available. Participants must be 18 or older.

Lead singer John Sullivan and brother Paul Sullivan, on bass, of the band Sibling Rivalry perform at the Elbert County Fairgrounds in Kiowa on April 4 in the second High Plains Battle of the Bands. Photos by Rick Gustafson

Bands battle for audience’s vote Event at fairgrounds showcases area musicians By Rick Gustafson

Special to Colorado Community Media

POSTAL ADDRESS

Six bands from across the Front Range rocked the Elbert County Fairgrounds in Kiowa on April 4 in the second High Plains Battle of the Bands. The event featured the talents of musicians ranging from middle school-aged to early 20s competing in a head-to-head competition for cash and prizes. Each band was given a thirty-minute window to set up, perform and strike. The faster a band sets up the more songs they can play. Each band performed between five and six songs, many of them original compositions. Organizer and president of Peak Events, Mike Anthony says that the bands are not rated by a panel of judges who score the groups’ musical ability. Instead, the audience votes for its favorite band via a text network, donated by Viaero Wireless in Elizabeth, which tabulates the results. Bands continues on Page 7

ELBERT COUNTY NEWS (USPS 171-100)

OFFICE: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 PHONE: 303-566-4100 A legal newspaper of general circulation in Elizabeth, Colorado, the Elbert County News is published weekly on Thursday by Colorado Community Media. PERIODICALS POSTAGE PAID AT ELIZABETH, COLORADO and additional mailing offices. POSTMASTER: Send address change to: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 DEADLINES: Display: Thurs. 11 a.m. Legal: Thurs. 11 a.m. | Classified: Mon. 10 a.m. GE T SOCI AL WITH US

P LE A S E R ECYC L E T H I S C O PY

Crews break down staging between performances at the Battle of the Bands.

Rowland loses appeal over reimbursement Leadup to 2013 tax vote gave rise to complaint By Rick Gustafson

Special to Colorado Community Media An appellate judge has affirmed an order compelling Elbert County Commissioner Robert Rowland to reimburse $1,000 to the county’s general fund due to a violation of campaign law. The ruling by Judge Gale T. Miller of the Colorado Court of Appeals upheld an order by Administrative Law Judge Robert Spencer, who found that Rowland, a Republican, “was an individual responsible for a violation of the Colorado Fair Campaign Practices Act.” Jill Duvall, chairwoman of the Elbert County Democratic Party and Rowland’s opponent for the District I commissioner’s seat in

2012, petitioned the suit. In her original complaint filed with the Colorado Secretary of State’s Office, Duvall alleged that the Board of County Commissioners and Rowland violated the campaignpractices law when the threemember BOCC unanimously authorized $15,000 of county funds to hire a consulting firm ahead of the November 2013 elections, to do what some residents saw as proRowland moting ballot issue 1C, a property tax mill levy increase. Consultant Timothy Buchanan, president of Timotheos Inc., spoke at four town-hall meetings in October 2013, addressing Elbert County’s financial situation at the time and talking of the need to either massively decrease service or

raise revenue. Neither Buchanan nor Rowland, who attended the four meetings, spoke directly to ballot issue 1C, other than a disclaimer read at the beginning of the meeting stating that the proposed mill levy was “not a topic for discussion.” However, according to the original complaint, some in attendance raised the issue. In December 2013, Spencer ruled against the BOCC, noting, “It would be inappropriate to impose a civil penalty against the BOCC itself, as any penalty would likely be satisfied with county funds and ultimately burden the Elbert County taxpayers.” Spencer instead held Rowland, who was the only commissioner named in the suit individually, liable for a $1,000 reimbursement to the county. “I am convinced, as are most others, that this is and has been a personal, politically motivated action by the person I soundly de-

feated in the election for county commissioner,” Rowland said. “To name, individually, a single commissioner, without explanation, for an action admittedly taken while acting as a member of a three-person board is without precedence and does not make any sense unless the motivation is personal and political, which this clearly is.” Duvall said that she specifically named Rowland in her complaint because he was the only commissioner who verbalized the term “mill levy” during the town-hall meetings. During Rowland’s appeal, County Attorney Wade Gateley argued that Rowland’s role as a public official protected him from personal liability, and that the administrative law judge “erred” in making Rowland solely responsible for the reimbursement. Rowland continues on Page 7


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