New policy allows Colorado Springs mayor to use city vehicle for personal trips, Councilmember to introduce stricter policy

COLORADO SPRINGS, Colo. (KRDO) - KRDO13 Investigates first reported on a review done by the city auditor based on a tip from the anonymous fraud, waste and abuse hotline. It found that the Mayor of Colorado Springs did not violate any guidelines, but that there were also no guidelines in place. The audit committee strongly recommended that a policy be put in place, and on Thursday, the Mayor announced the policy.

PREVIOUS COVERAGE: Colorado Springs Mayor responds to audit regarding use of city resources

Mayor Yemi Mobolade signed the new administrative regulation on May 7, governing city vehicle use for elected officials, which permits personal use with reimbursement. The policy has generated debate among City Council members, prompting a separate ordinance to be introduced to the City Council on Monday aimed at further restricting city vehicle use.

New policy:

The new guideline allows elected officials to use city-owned vehicles for personal reasons, provided they reimburse the city at the IRS mileage rate or report it as a fringe benefit. This was demonstrated by the Mayor when he traveled to Crested Butte while using a city vehicle and filed it.

The new rules set procedures for protective detail and the use of city-owned vehicles by elected officials. The policy states that elected officials whose normal work week exceeds 40 hours may use city vehicles for incidental personal tasks within the City of Colorado Springs, such as dropping off a child at school. For trips outside the city or those solely for personal purposes within the city, elected officials must reimburse the city at the IRS mileage rate.

Otherwise, mileage for personal tasks within the city vehicle will be reported to the IRS as a fringe benefit. The regulation generally prohibits family members from driving city-owned vehicles unless exigent circumstances arise, such as a family member over the age of 25 providing driving relief to an elected official on a city business trip.

If non-exigent use occurs, the elected official is required to reimburse the city.

Councilmembers' response to new policy:

City Councilman Dave Donelson expressed his view that the mayor's policy is too permissive.

“I think the policy is too weak. And, the policy essentially just says everything that the mayor has done is okay. And, it can continue,” Dave Donelson stated.

Donelson also emphasized the public service aspect of elected office.

“We're supposed to be public servants. We have our own vehicles. We can use our own vehicles for personal trips," said Donelson.

He recalled that a city auditor's review found no existing policy regarding vehicle use, rather than confirming the appropriateness of past actions, as stated in the news release.

“I think those things most citizens would say it's not what we expect out of our mayor. Like, we don't expect the city vehicle to be used for trips to Crested Butte, family vacations,” said Councilman Donelson.

He also raised concerns about potential liability for the city under its insurance policy if non-city personnel drive city vehicles.

City Councilwoman Nancy Henjum offered a different perspective, defending the mayor's policy as necessary for a demanding role.

“I would say being mayor of a city our size is a 24/7 job, and you have to have a life and tend, in this case, to a young family while you're doing the work. Having a good, clear policy around how a city vehicle is used when you are doing this 24/7 job is necessary," shared Nancy Henjum.

Councilwoman Henjum also suggested that the council's focus should be on broader municipal issues.

“I think we need to be focusing on the challenges our city is facing, such as public safety, infrastructure, our parks, the challenges that we have that are significant, that the people really care about,” Henjum said.

Henjum noted the city is unique in having only one security detail for the mayor, unlike other major cities like Denver, which have more.

Policies development:

The mayor's policy was developed after reviewing procedures for other public chief executives in Colorado, including the Governor and Mayor of Denver, according to officials. These reviews confirmed larger protection details elsewhere, extending to non-official and after-hours duties, as outlined in the policy. The policy also clarifies that protective details will not perform personal tasks, such as choosing groceries, but may accompany an elected official to a grocery store.

Colorado Springs Mayor Yemi Mobolade sent KRDO13 this statement:

“Based on the City Auditor's recommendation, I signed an administrative regulation that establishes clearer standards, stronger accountability, and greater transparency around the use of City-owned vehicles and protective detail by elected officials. This regulation reflects two important responsibilities: being good stewards of taxpayer resources while also recognizing the practical realities and security considerations that come with public service today for the 39th largest city in America, particularly as a mayor raising three young kids. I believe the administrative regulation already addresses the core concerns raised in the audit, and at this point, I think it’s important that we avoid duplicative processes and remain focused on the issues residents are asking us to solve every day."

- Yemi Mobolade, Mayor of Colorado Springs

Former Colorado Springs Mayor's response to new policy:

Former Mayor of Colorado Springs John Suthers sent KRDO13 a statement in regard to the new policy.

“The mayor’s new policy is ethically problematic. The city policy in personal use of city vehicles should be prohibited and not condoned,” wrote John Suthers.

KRDO13 followed up to ask whether Suthers ever used a city vehicle for personal use and why no policy was created while he was in office. His office called KRDO13 and said Suthers declined to comment further.

Steve Bach, former Mayor of Colorado Springs, ahead of Suthers, also shared his thoughts on the new policy with KRDO13.

Bach told KRDO13 that anyone other than the mayor driving their city-designated vehicle should not be allowed. He pointed to concerns over liability and who is insured if there were to be an accident. Bach contends that he has been in that seat, and it is very hard. He says he's glad there's a policy in place, but he believes there should be more common sense used in the process.

Bach stated that this new policy is an embarrassment to the city and a black eye for Mayor Mobolade. He said when he became the mayor, he was offered a city-owned vehicle, but declined. Bach said he would drive his personal vehicle and was reimbursed for his mileage on city business.

Bach explained that he would also have a security detail for city events.

Next steps:

The proposed ordinance, which will be introduced by Council President Pro Tem Brian Risley on Monday, seeks to amend the city's Code of Ethics. This ordinance includes a sanction for “Censure,” a formal, official reprimand by the City Council for its members or the Mayor.

The ordinance also specifies that city-owned vehicles must be used for official purposes only and not for personal errands, and can only be operated by elected officials unless for repairs or maintenance. Furthermore, city vehicles would only transport elected officials, city employees, or individuals engaged in official business.

Councilman Donelson says he thinks adding the ability to censure the mayor is not necessary and could be a slippery slope. Councilwoman Henjum says she thinks the entire ordinance is unnecessary.

For some perspective, the City of Pueblo confirmed to KRDO13 that no elected city officials have a designated city vehicle. The city says elected officials have to check out city vehicles from the fleet and are prohibited from using them for personal use.

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