| 11/27/2008 10:26:00 AM | Email this article • Print this article | Buena Vista Trustees vote to keep mayor
by Kathy Davis - Chaffee County Times
Buena Vista Trustees voted 5-1 Monday to rescind their request for dismissal of Mayor Cara Russell after hearing public comments about the issue during their regular meeting.
Trustees Joel Benson, Robert Flint, Norm Nyberg, Keith Baker and Mark Boston voted to rescind the letter of removal. Brett Mitchell voted no.
The majority of comments from among about 40 residents who attended, supported the mayor and her Oct. 30 "Mayor's Focus" newspaper column. The column prompted the call from trustees for her removal.
Comments indicated she had the right of freedom of speech, personal rights, a right to face-to-face open discussion, and that the move was "sour grapes" caused by the Nov. 4 defeat of The Meadows subdivision annexation question.
Other comments included probable recalls, justice would prevail in a court, citizens need adequate communications about issues and that the article pointed out pros and cons of the annexation question.
Her husband, Mickey Russell, said everyone has the right to freedom of opinion and expression. He asked trustees to rescind the letter of removal and apologize to the town and the mayor.
He said council action at the last meeting really strengthened her belief in freedom of speech.
"I know she will not stop and she will fight to the end for hers, yours and even the trustees' freedom of speech. She will not waiver. She will not step aside.
"And yes, she will continue to express her opinion whether it is in the paper, radio, television or just talking to the good and decent folks of Buena Vista."
Elmer Olinger, Chaffee County resident from outside town limits, spoke against the mayor. He said he represented himself and not The Meadows.
He said he was impressed with her popularity, but the issue wasn't about popularity. He said she signed an agreement to be honest.
John Cogswell delivered a letter claiming what she did was dishonest. He said John Cogswell's personal rights had been infringed upon.
After the comments, Boston said the issue was about the mayor undermining a decision by trustees. He said he advocates free speech and didn't have a special interest.
Mitchell said it was not personal, but there are ethical standards. It was unethical for her to come out in a public forum without any chance for discussion.
"I have one slight concern. I get the feeling you don't think you did anything wrong. We agreed to work in good faith ... . When you signed the annexation agreement, that's an ethical breach ... ."
"If you don't think you did anything wrong, I can't vote for the motion," Mitchell said.
Later, Russell said she hadn't done anything wrong.
Regarding ethics, she said, "My calling to serve to the highest and best interest of the citizens will always trump in my office as mayor."
Baker said it was never a First Amendment issue. The article concerned him, he said.
"I have always had the town's best interest at heart and don't have an agenda. I have come to the conclusion this is the wrong process at the wrong time," he said.
In a letter, Russell's attorney, Larry W. Berkowitz, of Grimshaw & Harring, P.C. Denver, requested retraction and withdrawal of the notice and asked for a hearing and information.
Berkowitz said none of the cited reasons arise to the level of malfeasance or misconduct in office required for removal. He said the town code is silent on reasons for removal.
A hearing is allowed by town code, he said, and Russell doesn't waive or relinquish any right or remedies she may have to seek judicial relief, including, as necessary, "equitable or injunctive relief."
Berkowitz filed a motion to recuse the five trustees who earlier approved removal from the hearing because it was combining judging with prosecuting and there was a risk of bias.
In additional, he submitted a motion to dismiss, noting town code is silent on grounds for dismissal and the First Amendment guarantees freedom of speech.
Buena Vista Trustees voted 5-1 Nov. 10 to sign and present the letter seeking removal of Russell from office. Nyberg cast the dissenting vote.
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