Monument Town Council hires attorney to investigate possible campaign finance violation

Dec. 16—In a special meeting on Friday, the Monument Town Council voted to bring in an independent counsel to investigate the possible misappropriation of taxpayer dollars in support of a ballot question in the Nov. 8 general election.

The council voted 4-1 in favor of hiring Grant Van Der Jagt, a Castle Rock-based attorney, to determine whether the town violated the Colorado Fair Campaign Practices act when it donated $2,500 to the local Citizens for Home Rule Charter issue committee.

Council member and Mayor-elect Mitch LaKind cast the sole dissenting vote. Councilman Redmond Ramos was absent from the meeting.

The $2,500 donation was used primarily to print campaign materials that the Citizens for Home Rule Charter committee said were "educational." But because the materials had the words "Vote Yes" printed on them, some residents asserted that they were promotional and not informational, which gave the appearance of the town making a partisan campaign donation.

When the committee was informed of the possible violation, it repaid the money to the town. But several council members argued that an investigation was needed to find out if any laws have been broken, and to avoid similar incidents in the future.

LaKind objected to spending as much as $20,000 on an investigation that he believes the council could conduct on its own — especially after the money had been repaid.

"It is clear to me that this board knows how to actually conduct an investigation, and that spending money (on an attorney) is not required," LaKind said.

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"You all have asked questions of the town staff. You have pulled them in, off their vacations, and they have shown their loyalty and their dedication by participating in this even when their plans with their families over the holidays have been ruined by two special meetings in a week."

Mayor Pro Tem Kelly Elliott said she didn't believe the council was qualified to determine whether any laws were broken.

The mayor-elect also raised the possibility on a conflict of interest with hiring Van Der Jagt because of a perceived relationship with council member Darcy Shoening.

A February social media post shows that Van Der Jagt was listed as a "special guest" at a campaign event hosted by Schoening. Additionally, LaKind said an email communication between Shoening and Van Der Jagt implied that the councilwoman had once been a client.

Van Der Jagt's mandate will be to determine if the town's donation violated the Fair Campaign Practices Act, which disallows governments from using public money to support or oppose a campaign. The council had been hoping for a final report by Dec. 29, but Van Der Jagt said a thorough investigation might take longer.