Letter to the Editor: Dear Editor and Lamar Citizens:

May 19, 2023

Dear Editor and Lamar Citizens:

RE: Appointment of Brent Bates by Lamar City Council

While it is always refreshing to see younger adults involved in local government, the choice of Brent Bates by the Lamar City Council to fill the vacant city council position was a choice that will require Mr. Bates to remove himself from all discussions and decisions related to Marijuana petitions, initiatives, ordinances and regulations addressed by the Lamar City Council. Councilman Bates must not informally discuss Marijuana petitions, initiatives, ordinances or regulations with the other Council Members. He must leave the room during all Lamar City Council discussions about Marijuana petitions, initiatives, ordinances or regulations. He must excuse himself from all votes taken by the City Council regarding Marijuana petitions, initiatives, ordinances or regulations.

In November 2021 and into 2022, Councilman Bates closely aligned himself with Marijuana businesses and described himself to the Lamar Ledger as a volunteer for the Cannabis Industry. In November 2021, Councilman Bates described himself to The Colorado Sun as someone who has worked in the Cannabis industry for the past decade. Councilman Bates is currently one of two named agents and representatives listed on a petition advocating to legalize and allow retail and medical Marijuana businesses within the City of Lamar. On Saturday, May 12, 2023, Councilman Bates hosted a booth across from Willow Creek Park to solicit signatures for his petition during the Wild West BBQ Cookoff held in Willow Creek Park.

Lamar’s Home Rule Charter (its Constitution) at Section 3-12 requires that “any member of City Council who has a personal or private interest in any matter proposed or pending before the City Council shall disclose such interest to the City Council and shall not vote thereon, and shall refrain from attempting to influence the decisions of the other members of the City Council in voting on the matter.”

Article XXIX of the Colorado Constitution requires city council members to uphold the respect and confidence of their citizens, to avoid conduct that is in violation of the public trust, to avoid conduct that creates an impression among the public that their trust is being violated, and to avoid all actions for which the public official may realize direct or indirect gain through his public office.

Colorado’s Code of Ethics applicable to local public officials prohibits a city council member from performing any official act, directly or indirectly, related to all causes or businesses for which that city council member has been an active agent or representative.  Informal and formal discussions and votes regarding city matters are the official acts of city council members.

Colorado has an Independent Ethics Commission (IEC) which was created to issue opinions and rulings on situations of conflict of interest and appearances of impropriety by state and local public officials.  The IEC has confirmed that city council members are bound by the ethical provisions set forth in Article XXIX of the Colorado Constitution. The IEC has confirmed that a public official must ethically perform government duties at all times. The IEC has confirmed that Colorado law prohibits a local government official from, directly or indirectly, performing an official act which benefits issues or businesses for which the council member is a proponent. The IEC has confirmed that a city council member must never engage in conduct that violates the public’s trust or that even creates the impression that the public’s trust is being violated. The IEC has confirmed that to do otherwise weakens public confidence in government and creates a perception of dishonesty. The IEC has held that even if a city council member is in technical compliance with the law, when there is an appearance of impropriety, the member must not engage in discussions and votes on issues for which he has acted as a representative, proponent or agent.

To comply with Colorado’s Constitution, Colorado’s Code of Ethics for public officials, and Lamar’s Home Rule Charter, Councilman Bates must remove himself from the room during discussions by the Lamar City Council regarding Marijuana petitions, initiatives, ordinances and regulations for the City of Lamar. He must not try to influence the Mayor or other City Council Members through informal discussions regarding Marijuana petitions, initiatives, ordinances and regulations. He must refuse to vote on all matters related to Marijuana petitions, initiatives, ordinances and regulations. The Mayor and City Council Members are also ethically bound and obligated to insist that Councilman Bates recognizes his conflicts of interest and ethical duties and that he takes these actions so as to not influence, participate in, discuss or vote on Marijuana petitions, initiatives, ordinances and regulations for the City of Lamar. To do otherwise would create an impression that the Mayor and all other City Council Members are acting improperly. As Lamar Citizens, you have the right to be vigilant and insist that your elected officials ethically perform the duties and responsibilities of the office they have been appointed or elected to.

Thank you,

Darla Scranton Specht
Business Address:
1204 E. Olive Street, Lamar, CO 81052