Last month, Douglas County commissioners took the first step in a nine-step process of becoming a home rule charter county. There will be two elections that will determine whether this charter is formed.
Last month, Douglas County commissioners took the first step in a nine-step process of becoming a home rule charter county. There will be two elections that will determine whether this charter is formed.
CBS
If passed by voters in the Colorado county, the home rule charter will be adopted Jan. 1, 2026.
Many residents unfamiliar with home rule
“Home rule? What’s that? It sounds like John Wayne or Wyatt Earp,” said Highlands Ranch resident Katherine Michelsen.
Many county residents likely had the same reaction when county commissioners announced plans to change local governance to “home rule.”
“Our lives here in the county can be adversely affected by decisions being made in Denver, and I think that’s where the conversation really started,” said Douglas County Commissioner George Teal.
Teal said home rule is all about local control.
“Home rule, we do think, is going to give us the capabilities to actually chart our own course and adopt common-sense gun regulations that probably do allow greater freedom for people here in the county,” Teal said. “We want to be able to work with federal authorities to enforce immigration laws. We know that we have a crime wave down here of people coming into this county who are illegal immigrants, and they’re committing crimes.”
From gun control to taxes to public health mandates to immigration, Teal said home rule would free the county from state laws by allowing it to create its own charter, a constitution of sorts.
“We will have an opportunity to define in our charter what we value, what we want in our local government,” said Teal.
Professor: Expect court battles after controversial decisions
While Metropolitan State University of Denver professor Dr. Robert Preuhs said home rule does grant more policy-making authority to counties, it may not be so easy to disregard state laws.
“Home rules can pass policies that may conflict with state policies. But generally, we’re looking at, then, a court decision to decide whether the state, it is a state concern broadly enough that the state law would preempt the local law,” said Preuhs, who is chair of the political science department at MSU Denver.
He said it comes down to whether the home rule law in question is a “state concern” or “local concern.”
“Many of those more controversial decisions or policies that they may pass, right? Will certainly have a court battle and some sort of intervention,” Preuhs said.
Issues like immigration may fall into a gray area.
“Home rule entities do have power over law enforcement, and they may try to change some of the policies regarding how much cooperation county, Douglas County sheriff’s offices, for instance, interact with ICE. At the same time, we’re likely to see a lawsuit that says that, you know, that is not, because of the breadth of immigration issue, it is not solely a local concern. So state law, then, would preempt it. So, you know, it opens the door for that possibility, but it’s not clear that this would be the end-all in terms of giving Douglas County the ability to decide on immigration policy,” Preuhs said.
Less than 3 months until the election
County voters will have the ultimate say on whether the home rule charter goes through.
First, in a June 24 special election, voters will be asked whether to form a home rule charter and which 21 citizens should serve on a charter commission.
If approved, that commission will craft the charter that will guide the county.
“It looks to me as if it’s a power grab. It’s, they’re going to, they’re going to more or less write their own agenda,” Michelsen said.
After doing some research, Michelsen began to worry about the names she may see on her ballot.
In an email obtained by CBS Colorado, the chair of the Douglas County Republicans shares a slate of 21 names she says were picked by commissioners to run for the commission. The list consists entirely of Republican politicians, including all three commissioners.
“It seemed like it was done under the dark of night. They already have 21 people selected,” Michelsen said. “There’s not too many, ‘we the people’ on this committee.”
“To my knowledge, there is no list being circulated by the Colorado GOP or the Douglas County GOP,” said Teal. “I do plan on running for the commission. I’ve got some ideas. Listen, four years as a county commissioner has really taught me the nuts and bolts of how this county works.”
When asked if the charter commission could change salaries and term limits for county commissioners, Teal responded that it could.
“Oh, change commissioner salaries and term limits. Change commissioner roles and responsibilities and the powers of the commissioners could be addressed as well. When you are formulating a county charter, all these are things that are up for discussion and consideration. Me, myself, I personally like how we’re doing it right now. I’m happy. I’m comfortable with my pay. I don’t necessarily need a raise,” Teal said.
Preuhs said the charter commission could propose changes to government structure or change some elected positions to appointments, but voters will need to approve the final draft of the charter in November.
“If you think about it as a new county constitution, the voters would vote on that constitution,” Preuhs said.
Some residents have concerns
Michelsen worries about a lack of transparency and the rush to initiate the process, but Teal said he’s been talking about home rule for years, and the process has extended voter participation.
As part of drafting the charter, the commission will hold three public comment meetings.
“It has to be a participative process with our friends and with our neighbors here in the county,” said Teal.
Michelsen also worries about the implication for water rights in the county and that home rule may be used by county commissioners to push through a previously controversial plan to export water from the San Luis Valley. But Teal said the county is not planning to do so.
“I haven’t given that any consideration. I mean, right now, as a statutory county, we already have the capability to purchase water rights. That’s not unique only to home rule counties. The process to do it might be a little different. I actually don’t know. It’s not been something I’ve been looking at. So I don’t know. It’s certainly not the intention of myself or my two colleagues,” said Teal.
“It’s not a democracy, and that’s what it’s beginning to feel like here in Douglas County, that we don’t have a democracy, we have a dictatorship. We have commissioners who are trying to push things constantly, constantly, constantly, and that’s not a good way,” Michelsen said.
Other county residents seem split on the idea of home rule. Dozens reached out to share their feelings.
“I do not want to see the (Board of County Commissioners) obtain greater power than they already have,” county resident Patricia Callies said.
“My main concern is that the commissioners will end up embroiling Douglas County in lawsuits and that the county will foot this very expensive bill,” said Parker resident Emily Suyat.
“Douglas County is known in the business community for the quality of life offered here. We are among the safest and healthiest communities nationwide. That is what businesses want when they look at expanding or relocating. Home rule protects what we have so businesses can continue to thrive, and our economy can continue to grow. That’s a win for businesses and residents alike,” said Ellie Reynolds, president and CEO of Douglas County Economic Development Corporation.
“The GOP is supposed to be the party of limited government, government that is open and transparent, and the choice of the people. This is the opposite of that. I used to be a district captain with the DCGOP, and now I am embarrassed of them and glad I am an independent. My conservative values have not weakened, if anything they are stronger, but the DCGOP is so corrupt. I cannot sanction their behavior,” said county resident Alexandra Harden.
“I think this is a really good idea and it should be adopted,” said Doug Benevento, president of the Douglas County Board of Health. “When I helped the commissioners set up the public health department that was a big issue, having local control of our public health issues, and when I was on the DougCo Board of Education we did everything we could to get decision making out of Denver and to the local schools. Establishing a home rule county is another step to do that. Finally, having as many decisions as local as possible I think also helps the political divide, people don’t feel that decisions are being made by some nameless, faceless entity. They’re being made closer to home and can be changed more quickly through the political process. People will be less frustrated, I believe.”
“Home rule could potentially be a good thing. But how they are going about it stinks to high heaven, making it appear very shady,” said Democratic state Rep. Bob Marshall, who represents Highlands Ranch. Marshall compares Douglas County’s home rule effort to that of Weld County, saying Weld County’s effort was citizen-led and a longer, more transparent process.
Deadline approaches for charter commission
Residents who want to run for the charter commission must turn in their nominations along with 25 signatures to the Clerk and Recorder’s Office by April 24.
The June 24 special election will cost taxpayers about $500,000. All registered voters should receive their ballot in the mail just like any other election.
If a charter is passed by voters in the Nov. 4 election, it would be adopted at the beginning of 2026. Teal says if voter say yes to home rule in June but no to the charter in November, the commission would go back to the drawing board and write a new charter, factoring in community input.
