Commission Chairman Williams: ‘Damn the Torpedoes’
Rick Langenberg
The political and legal gloves are clearly coming off in Teller County’s ongoing battle with the governor and state lawmakers over unfunded mandates regarding new laws.
In a strong punch landed directly at Governor Jared Polis, the Teller commissioners now say they are viewing new state mandates as “optional.” Moreover, the county does not plan on necessarily complying with any new state regulations and programs if they have to foot the bill and expend their own resources. And if the state doesn’t like it, take us to court as we are backed up by current laws.
In a strongly worded letter sent to Polis’ office and to other key state leaders last week just prior to a special legislative session, entitled “Protecting Local Control and Fiscal Responsibility,” the commissioners joined a number of other Colorado counties in challenging a slew of mandates, without the appropriation of necessary state funding. Some of these mandates deal with a variety of new state programs and requirements such as “wildland-urban interface code regulations, energy benchmarking and performance standards, demographic and contact reporting, (new) IT infrastructure standards, digital accessibility laws” and many more. The list has substantially grown in the last few years and encompasses mandated requirements for a spree of new laws approved by state lawmakers.
“Over the past several years, the growing number of unfunded mandates from the state has placed an unsustainable strain on counties like ours, minor in population, but responsible for delivering a wide range of critical services across a large urban area,” stated the commissioners in their letter, which also was delivered to the state’s House Speaker and Senate President.
Moreover, during a lively discussion at last week’s regular meeting, the board even accused state leaders of playing politics, when it comes to blaming the federal government and the Trump administration for the state’s current $1 billion-plus shortfall.
They fear county governments, especially those in rural areas, could end up as the big fiscal losers to make up for questionable spending programs pursued by state lawmakers.
“We are taking this very seriously,” said Commission Chairman Dan Williams, who has probably the best relations with the governor among county leaders in rural areas.
But Williams contends he is growing more upset at the disrespect and disdain shown toward rural counties, such as Teller. He and his fellow peers argue that this ongoing bombardment of mandates is creating a huge problem for local governments. “We have been taking in on the chin for a long time,” said Williams, who noted that “enough is enough.”
“We need to look out for our people first. They (current majority lawmakers and governor) have simply stopped listening,” added the commission chairman.
Commission Vice-Chairman Erik Stone stated the county’s position on viewing new mandates as optional is backed up by current state laws. “Unfunded mandates are not legal,” said Stone. “There is not much ambiguity with the language (in the law)” he added.
And when it comes to culprits for the state’s huge shortfall, Stone pointed his finger directly at state lawmakers. “We are at a precarious time. We (the state) are at risk of losing $18 billion in federal funding,” said Stone.
He noted that Colorado has been informed by the feds that due to its role as a “sanctuary state” by not complying with federal rules with Colorado officials not cooperating with the ICE (U.S. Immigrations and Customs Enforcement) agency, it could lose significant monies. This could have a big impact on Teller County.
And the state, instead of fessing up to their role in creating the funding problem, is telling counties that if they don’t comply with many of its new mandates and required guidelines for such issues as housing, it will withhold grants, noted Stone. “There is a strong level of hypocrisy here,” blasted Stone. “It is disappointing.”
Come Meet With Us
At the same time, the commissioners, in their letter, do leave the door open for open dialogue with state officials, and invite them to visit Teller to view the fiscal realities they face in complying with many of the new state regulations.
“We remain ready to collaborate, but we will defend our position in court if required…We invite you to meet with us here in the county to see firsthand the realities of our geography, budgets and workforce, and to work together on practical solutions that respect both local control and statewide priorities.”
The county has faced battles with the state before. But the latest county assault is more than just words. Teller’s position is backed up by the Colorado Counties, Inc. group and by a growing number of impacted rural areas within Colorado. “Damn the torpedoes, full speed ahead,” quipped Williams, in describing the fight Teller now faces with the state. William, a decorated combat veteran, often uses military cliches in describing the challenges facing the local government.
“We really wanted to send a strong message,” admitted Williams, in a later interview, in describing the impetus behind the letter.
At their meeting on Aug. 18, local businessman Carl Andersen, and a former county commissioner candidate, urged the commissioners to use even tougher language, and make it clear that “all unfunded mandates would be optional.” He noted that list of unfunded state mandates now has become overbearing and is a slap in the face of a county, known for fiscal conservatism.
