When Perception Crosses into Reality

The Scrutiny of Public Office

Political officials are not like everyday citizens. Their affiliations and associations face much heavier scrutiny than those of common folk, even in a small town. This holds true in Montrose, Colorado, where Mayor Pro-Tem Judy Anne Files was spotted casually on a Friday evening at the summer concert series sponsored by the City of Montrose. During the event, Judy Anne conversed with disgruntled former County Commissioner Roger Rash, who was gathering signatures for the "Recall Scott Mijares" campaign. This author called her out in an article as part of the effort because perception is reality.

Defense, Denial, and the Power of Perception

Her defenders, the recall supporters, rushed to her defense. She denied any involvement when confronted by citizens at the City Council Meeting on August 5. I personally have no issues with Judy Anne. We are personable and have shared many enjoyable conversations. However, perception is reality. As an elected official, Judy Anne, you should know better. When the public sees you at an event with a controversial situation that you choose to insert yourself into, assumptions will follow. You may not like it, but that is the reality.

The Core Issue: Assumptions and Accountability

The fact remains that voters there will see you and assume you support the effort, whether you do or not. That is the core issue. All the hubbub from defenders who called out my supposed "error" misses the point. Get a life. Files actions as an elected official, much like those of her county counterpart, sitting Commissioner Sue Hansen who posted on her own Facebook page in support of the recall, should trigger ethics charges immediately. They should be barred from public office according to Colorado Revised Statutes.

Unconscionable Behavior and Ethical Standards

This type of behavior is absolutely unconscionable and cannot be tolerated from our elected officials. The Colorado Code of Ethics, outlined in Title 24, Article 18 of the Colorado Revised Statutes, establishes clear standards to preserve public trust.

Public Trust and Fiduciary Duty (C.R.S. § 24-18-103)

For instance, C.R.S. § 24-18-103 declares that holding public office is a public trust and requires officials to act in ways that inspire confidence in government integrity. Engaging in activities that appear to undermine fellow elected officials, such as associating with recall efforts against them, can breach this fiduciary duty by eroding that trust.

Rules of Conduct for Public Officers (C.R.S. § 24-18-104)

Furthermore, C.R.S. § 24-18-104 sets rules of conduct for public officers and local government officials, prohibiting actions that could be seen as using one's position for improper influence or private political gain. Actively campaigning against another official's recall, or even giving the perception of support through public interactions or social media posts, risks violating these rules by prioritizing partisan agendas over impartial service.

Ethical Principles and Conflicts (C.R.S. § 24-18-105)

C.R.S. § 24-18-105 reinforces ethical principles, advising against official acts that could improperly influence duties or create conflicts. In the case of local officials like Files and Hansen, inserting themselves into divisive recall campaigns against peers directly affects the economic and political interests of their communities, potentially departing from faithful discharge of duties.

Rules for Local Government Officials (C.R.S. § 24-18-109)

Finally, C.R.S. § 24-18-109 specifically addresses rules for local government officials, where proof of certain acts constitutes a breach of fiduciary duty, including performing official acts that benefit undertakings in which they have interests or accepting benefits that could sway impartiality. Supporting or appearing to support a recall against another elected official while in office can be viewed as such a breach, as it undermines the collaborative governance expected under the law.

Rising Above Disputes: A Call for Accountability

Elected leaders must rise above personal or factional disputes. In Montrose, these incidents highlight why strict adherence to Colorado's ethics statutes is essential. Violations like these demand accountability to restore faith in our institutions.

The real question is what are they hiding?

Michael J Badagliacco, “MJB”

Michael is a United States Air Force Veteran, father of five and grandfather of three, passionate about this country and the Constitution. 

Editor-in-Chief, Colorado DOGE Report.