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Douglas County Commissioners want to create a home rule charter. What is it, and why?

3 weeks ago 2

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DENVER (KDVR) — Earlier this year, the Board of Douglas County Commissioners initiated the process of transitioning from a statutory form of government into a home rule county charter form of government.

Through June 24, residents will have an opportunity to vote on the matter during a special election. Voters will specifically be asked if a County Home Rule Charter Commission should be elected to "study the structure and organization of Douglas County Government," according to the ballot language.

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Voters then will have choices for charter commission members who could be elected, should the original question pass.

A home rule charter allows residents of a particular county or municipality more control over local matters. In some cases, home rule empowers local governments to pass ordinances that supersede state law. But if it's a statewide concern or mixed concern, state law can supersede the local ordinance. This link provides greater details about what home rule charters are allowed to regulate and control.

Board says home rule would provide 'freedoms'

The board said in its initial announcement of its plan that mask mandates, overturned property tax reductions and bag fees are some of the state mandates imposed on Douglas County, and said that the new form of government would give the county "some freedoms from State policies."

“We want to preserve and protect what we have in Douglas County,” said Commissioner George Teal in the board's initial announcement of the plan. “We’re not talking about changing the way we govern; we’re talking about empowering our residents to take control of their own destinies.”

However, the impending Home Rule election has not been without opposition. Former Douglas County Commissioner Lora Thomas, alongside State Rep. Bob Marshall, filed legal action against the Douglas County board in April to halt the special election, scheduled for June 24. Most recently, a motion for entry of injunction pending appeal was denied, allowing the election to move forward.

“As we move forward, the Board of County Commissioners pledges to remain vigilant in defending our citizens’ rights and ensuring that their voices are heard,” said Commissioner Abe Laydon in the county's announcement of the motion's denial. “This victory is a testament to an unwavering commitment to democracy and justice. We will continue to fight against any attempts to undermine the fundamental rights of the people we serve.”

Citizen survey results shift over past few years

The county has been pointing to its 2023 Citizen Survey, which asked about becoming a Home Rule County.

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"Almost 80% of respondents identified 'greater home rule, that is, more independence from state controls over county administration' as a priority," the board noted.

The survey specifically showed that 20% of respondents ranked greater home rule as low priority, another 42% ranked it as "medium" priority, and 37% ranked it as a high priority.

However, that changed in the county's 2025 survey.

The 2025 Citizen Survey for Douglas County asked respondents to rank the statement "greater local control and independence from state controls" based on how much of a priority it is to them. The results showed that 36% of respondents ranked it as a low priority, with 34% ranking it as a high priority, and another 29% ranking it as a "medium" priority.

The survey then poses a series of hypothetical scenarios and asks respondents to say if it would make them more or less likely to vote for home rule. The scenarios included:

  • Prohibiting county employee unions, including the sheriff's office
    • 61% of respondents said this would make them less likely to vote for home rule
  • Allowing Douglas County to eliminate state limits on contacting and cooperating with other government agencies, including US immigration officials
    • 52% of respondents said they would be less likely to vote for home rule
  • Allowing Douglas County to protect gun ownership
    • 53% of respondents said they would be more likely to vote for home rule
  • Allowing Douglas County to prohibit food carryout bag fees and delivery taxes
    • 50% said they would be more likely to vote for home rule
  • Allowing Douglas County to prohibit diversity, equity and inclusion policies for county government employment and purchasing
    • 59% said they would be less likely to vote for home rule
  • Allowing Douglas County to explicitly exclude itself from state regulations
    • 57% said they would be less likely to vote for home rule

The survey also asked respondents if they would vote for the home rule charter, and 54% of respondents said they would vote against the measure, at various levels of certainty.

Home Rule opponents call it a power grab

Marshall and other opponents have been adamant that the board's only goal is more power. In May, the board held a town hall about the plan and only seven citizens were allowed to speak. On X, Marshall explained why he's against the Douglas County home rule effort, first stating that he's "agnostic" about home rule as a concept.

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"But how they are doing it here is bad. Very very bad," Marshall wrote. "The things they are saying they can do under HR to goad conservatives to vote for it are false. Weld is HR. Far more conservative than DougCo. If they could defy state laws like DougCo is claiming, don't think they would do it? Or Boulder would have gone to HR 25 years ago when CO was blood red and they didn't want to follow state laws? This is an attempt by personal interests (Teal/Laydon are gone in a couple years due to term limits) to work for special interests (RWR, Developers), who want to continue having 2 people controlling county government for their own self-interests. It is not being done for the greater good of the county. Even a conservative county."

He said that he anticipates "perpetual lawsuits" with the state, which would cost county taxpayers.

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