Good governance as part of any democracy is ever a work in progress. La Plata County is no exception. We remain committed to continual evaluation and improvement, and welcome input from everyone. Recently, the Board of County Commissioners received documents from Mr. Jack Turner as part of the Code Rights Project. We acknowledge receipt and are taking the materials under advisement. However, several concerning allegations require clarification.
One report suggests the county is improperly applying the rules governing ex parte communication. Ex parte communication refers to a direct or indirect communication between one party in a legal or quasi-judicial matter or a decision-maker about a case’s merits without the knowledge, presence or consent of the other parties.
In land-use matters, commissioners serve in a quasi-judicial capacity and, as such, are subject to constitutionally required due process protections. This is why such guardrails are in the Land Use Code, and we follow them. All public comments on the land-use applications are available in their original form for commissioners to study when making decisions. We do not receive filtered information. We will continue to comply with state and federal laws to ensure fairness in decision-making.
Another claim asserts that the board is not exercising independent judgment; rather, our decisions are controlled by the county attorney. We categorically reject this assertion. An attorney’s role is to provide legal advice; it is the board’s responsibility to accept or reject that advice.
The county attorney serves at the pleasure of the board and has worked with more than 30 commissioners, receiving consistently exceptional performance evaluations. Allegations of improper or unethical conduct are unsupported by evidence. If concerns existed, they would be addressed directly.
Turner also implies that land use decisions lack transparency. This is also inaccurate. In addition to staff analysis and review for compliance with required statutes, land-use applications also provide notice to surrounding properties, are publicly noticed in The Durango Herald and on the county’s website, and go to public hearings in front of the Planning Commission and/or Board of County Commissioners, depending on the type of project.
Not every applicant receives their preferred outcome, but that does not indicate a lack of transparency. Our responsibility is to balance private property rights and economic development with safety, infrastructure capacity, environmental or neighborhood considerations, state and federal laws, and the Comprehensive Plan and advisory District Plans. In any land-use system, this balance is rarely simple.
We are disappointed that much of the project’s analysis focuses on governance speculation rather than suggested changes to the Land Use Code. Meaningful reform requires grounded analysis, accurate comparisons and recognition of stark differences among counties. Comparisons between jurisdictions in Colorado can be very misleading.
Since 2022, the board has worked to improve the land-use system. First, the task was to achieve a fully staffed Community Development Department. Staff developed processing-time metrics, advanced many land-use code revisions, launched customer service and affordable housing surveys, and strengthened public engagement. We note this progress while recognizing additional work remains.
Constructive criticism strengthens public policy. We will not, however, accept unsubstantiated allegations, leaps in logic or fail to respond when words are taken out of context in an attempt to retroactively justify conclusions either not derived from source materials or ones that are inaccurate. Along with over 400 employees, commissioners, our manager, and attorney show up every day to carry out the mission: protect the health, safety and welfare of all residents. We welcome continued engagement.
The La Plata County Board of County Commissioners is Matt Salka, chair; Elizabeth Philbrick, vice chair; and Marsha Porter-Norton, commissioner. Reach them at 382-6219.
