Sugar City Mayor VS Former Attorney

Description: Article Includes Letter to Former Sugar City Attorney from Newly Elected Sugar City Mayor and his response as submitted to Council...

Sugar City Mayor VS Former Attorney

Re: Notification of New Mayor for Town of Sugar City (April 4, 2024)

Dear Mr. Buchner,

As you are aware from your electronic attendance at last night's meeting, I have been sworn in as the Town of Sugar City's mayor, along with six (6) trustees. In accordance with Section 31-4-301(1), C.R.S., the seven of us comprise the legislative and corporate authority for the Town of Sugar City. As the mayor of the Town of Sugar City, I preside at all meetings.

We are aware that you were appointed to the position of "Town Attorney" by the previous board of trustees; however, we are unable to locate an ordinance whereby your duties are prescribed, as required by Section 31-4-304, C.R.S. As such your duties are left to the board, as there is no statute defining the duties of town attorneys of statutory towns. It is left to the board of trustees of each municipality to fix and determine the character of services to be rendered and compensation to be paid. See Kinzie v. Haxtun, 97 Colo. 456, 50 P.2d 545 (1935). It has come to our attention that you attempted to make contact with a single board member last night on her personal cell phone. You are directed that any/all communication pertaining and/or relating to matters of concern of the Town of Sugar City are to go directly through me. This Board of Trustees has been elected to improve the ethical and legal standing of this wonderful community. Any previous directives and/or policies of the previous Board of Trustees that permitted or allowed you to communicate directly with individuals on the board that were not shared with the entirety of the Board are hereby terminated immediately.

As you are aware, the board of trustees voted last night to place Davida Moreland on paid administrative leave pending a hearing of the charges against her. As a reminder, you represent the Town of Sugar City, and the Board of Trustees of the Town of Sugar City is your boss. You report to us. You hare hereby directed to cease and desist from any/all communication with Davida Moreland. As the Town's attorney, you represent our interests, and not Davida Moreland's personal interests. Any such communication would be outside of your official capacities and outside the scope of your office.

Please provide me with an update on the status of the lawsuit filed against the Town of Sugar City for violation(s) of the Open Meeting Act. In your update, please provide copy of any/all court filings, briefs, and/or other communications pertaining and/or relating to the lawsuit. Additionally, if I am not mistaken, you were in attendance at the executive session in question. If so, it would appear that you may have a personal conflict that may professionally and ethically prohibit you from representing the Town of Sugar City. Please provide us with any/all notes, memos, recordings or any other documentation you maintained pertaining and/or relating to all executive sessions you attended for the Town of Sugar City.

As you are aware, we have scheduled a hearing for Monday, April 8, 2024. Therefore, please provide us by Sunday, April 7, 2024, any/all e-mail, electronic, text, digital, or other written communication you have had directly with Davida Moreland from January 1, 2024 to the present. Additionally, if Davida Moreland has called you during that time period, please provide us with the general nature of the phone call.

One of the issues we are facing is that today is payroll and the Town cannot make payroll because the Town has insufficient funds. The trash fund is currently $800 in the hole. The previous oversight and management of this Town cannot continue as it has.

We look forward to the timely receipt of this information. If you have any questions, please feel free to e-mail me so that such communication may be shared with the entirety of the Board of Trustees.

Xc: Sugar City Board of Trustees

Respectfully submitted,

Cindy Karle

Mayor, Town of Sugar City

Response Letter:

April 5, 2024

TO: Town of Sugar City, Board of Trustees

RE: Resignation, Letter from Mayor Cindy Karle

Dear Board of Trustees,

This is my formal letter of resignation. While I had every intention of continuing to proudly represent the Town of Sugar City, on April 4th I received an ill-conceived letter from the mayor which gives me no choice but to resign my position as Town Attorney.

The tone and plain language of the letter makes clear that I will not be a respected and/or welcome member of the Town staff moving forward. The letter's tone is unnecessarily confrontational, dictatorial, and exceeds any executive authority the author presupposes. The plain language casts unmerited aspersions on my legal ethics and professionalism and is tantamount to a unilateral termination, as no self-respecting professional would continue to work in such an accusatory, hostile environment. The letter erroneously assumes and alleges many forms of misconduct, which I will not dignify with a response or defense. Going forward, please be advised that neither the mayor nor any other Trustee has the unilateral power to reprimand and/or terminate an officer of the Town. The Town of Sugar City operates under a weak-mayor system of government, where actions such as this letter are subject to approval by the governing body.

In addition to the letter, what I saw at the Board of Trustee meeting on April 3, 2024, was not only appalling but in violation of the Colorado Open Meetings Law (COML). Appalling because of the unprofessional, distasteful way in which the mayor treated the Town Clerk. Regardless of any issues between Town staff and the Board, no one deserves to be treated as Ms. Moreland was, and unless rectified, the Board has shown they clearly don't deserve Ms. Moreland's selfless service to this community. In violation of the COML because the Board may not take formal action, such as notifying an officer of a termination action, without properly noticing the same. Further, the Mayor again exceeded executive authority by unilaterally removing Gary Massey from the Board without first noticing the issue, public discussion, and without calling for a vote from the government body. If properly noticed and discussed, the Board could have been educated of the truth, which is Sugar City has passed 4-year terms by ordinance and that Mr. Massey is still in fact a sitting Trustee.

Sadly, all of this was completely preventable, as I was prepared to continue representing the Town of Sugar City, remaining loyal to the Town's mission, vision, and goals. This Board needs to take a hard look at the mayor's letter to me, her treatment of employees, and her total disregard for Trustees' input and the truth, and what those actions represent regarding the future of your local government body. It is these types of actions that will create liability for the Town by promoting defamation, unlawful termination, and COML violation lawsuits. Regardless of this Board's trajectory, I will not lower my standards of integrity and respect for others by continuing to serve under someone that shows none.

I stand by the work I did for and with the previous Board, and it is with great displeasure and sadness that I am not able to continue to support the Town of Sugar City's current Board. I hope the Trustees have the courage to make their voice heard and vote count, oppose autocratic behavior, and do what's best for Sugar City using truth and reason. Finally, I implore the Board to see the folly in treating Town officers, or anyone, the way that I and others have been treated...Sugar City is better and deserves better than this.

Please believe, I truly have no ill intentions in tendering this letter of resignation. As is my practice, my intent is only to be candid and direct in my communications to/with the BOT. I do wish you all Godspeed.

Regretfully,

HMR

Clayton M. Buchner, J.D.

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