Allegations against trustee prompt new law to be drafted in Palmer Lake

EL PASO COUNTY, Colo. (KRDO) - On Friday, an ordinance is being drafted by the Palmer Lake attorney for a new way to proceed with hearings involving board members. These are expected to be similar to a trial.

It comes after harassment allegations were raised against Trustee Roger Moseley by a town employee.

The town is now drafting an ordinance to formalize the process for such removal hearings, in compliance with state statute CRS 31-4-307.

The allegations against Moseley prompted town officials to launch an investigation. An independent outside attorney conducted the investigation, which determined that the alleged conduct did in fact happen, stated the town attorney. The town is now taking steps to create a new law that will outline the hearing process, similar to a trial, where each side will present its case.

According to Kevin Bommer, executive director of the Colorado Municipal League, removal of elected officials by statutory town boards must include a written charge and a hearing, as required by state law.

Colorado state statute CRS 31-four-307 outlines the requirements for removing town officials. This statute states that by a majority vote of all members of the board of trustees, the mayor, clerk, treasurer, any board member or any other town officer may be removed from office. The statute further specifies that no such removal can occur without a written charge and an opportunity for a hearing, unless the officer against whom the charge is made has moved out of the town limits.

While not mandatory, creating an ordinance provides clarity for implementing these statutory requirements, explained the Colorado Municipal League.

Case law dating back to 1899, Bd. of Trs. of Town of Gillett v. People ex-rel. Keith, established that elected officials, like mayors, derive their authority from the electorate and can only be removed for a legal cause.

More recent case law from 2011, Russell v. Town of Buena Vista, affirmed that officials subject to removal are entitled to notice of the charges, an opportunity to respond and present testimony on their own behalf, and to cross-examine any witnesses.

In an April 9 board of trustees meeting, the town's interim town administrator detailed the town's responsibility for responding to and handling employee complaints regarding workplace harassment and discrimination, which includes coordinating appropriate investigations.

The administrator stressed the need for the town to protect itself from lawsuits by employees related to hostile work environments. In the April 9 board of trustees meeting, officials said the independent investigation concluded that the conduct complained of by town employees did occur.

Special counsel, hired by the town, opined that a hostile work environment based on sex or gender could be stated, indicating Mr. Moseley's negative and derogatory behavior toward staff appeared to be based on sex. They said multiple female employees stated they are afraid to go to work and leave work, and that their concerns are corroborated by other witnesses.

During a public meeting, Moseley stated he would not resign and questioned the nature of the complaints, indicating he had not seen specific accusations needed for his defense. He contested the idea that the documents provided represented all the complaints he believed were in the public record from a previous meeting.

An attorney present at the meeting acknowledged that the investigative report, which summarizes charges and includes witness information, contains privacy concerns. The attorney noted that while discretion allows for protecting innocent parties, the board also needs information for an informed decision, suggesting redactions would be necessary if the report is used for a hearing.

The attorney explained that the options available to the board ranged from taking no action to conducting a full hearing and voting on Moseley's retention.

The board voted to proceed with a full hearing.

During the public comment portion of the meeting, resident Trina Shook raised questions about what constitutes aggressive behavior and how it becomes gender-based.

"This is a pen... the question is when does it become aggressive, is it the motion, is it the perception and more importantly, what makes that gender based?" Trina Shook questioned.

The Palmer Lake Board will now schedule a hearing for Trustee Moseley. The town will continue to draft the new ordinance outlining the formal process for such hearings. The outcomes of this process could include the removal of Moseley from office or the dropping of the allegations. The ordinance needs to be finalized before a hearing can proceed.

KRDO13 reached out to Trustee Moseley for comment. At this time, he said he was unable to speak with us until he hears from his attorney, but would be happy to in the future.

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