County attorney reports on Western Slope COCA litigation and explains home-rule process and risks

Rio Blanco County Attorney Don Stearman told the Board of County Commissioners that the county has joined a lawsuit filed by Western Slope COCA and that the state filed a motion to dismiss counties from the case; the county must respond to the motion within 21 days.

Stearman said the courts historically have removed counties from similar suits quickly but the Western Slope organization and its white paper provide groundwork that could support the counties’ continued involvement. He said the county will coordinate with other counties on a joint response but has not yet secured commitments for joint filings.

The commissioners then received an extended staff briefing on the mechanics, advantages and disadvantages of pursuing county home-rule status. Stearman reviewed statutory steps used by counties and municipalities in Colorado, described how a charter commission would be formed, and warned of potential costs and unintended consequences. Key points he raised:

- Process overview: A county would begin with a public vote to start the home-rule charter process (either by commission resolution or citizen petition). If approved, a charter commission (for Rio Blanco he described a possible 11-member body) would be elected to draft a charter; that draft would return to voters for final approval.

- Timing and cost: Stearman estimated substantial time and expense, including studies, public hearings, attorney and consultant costs and separate elections. He suggested the total cost could be “at least a half a million dollars,” depending on scope and coordination of elections.

- Legal limits and risks: Home-rule powers give local flexibility on taxation, land use and districting but do not remove all state authority. Stearman warned that a local charter can restrict local elected officials’ power and that home-rule counties have less case law and more legal uncertainty than home-rule municipalities. He cited Weld County and others that faced challenges and court limits when attempting charter-based actions beyond judicially recognized authority.

- Practical benefits for Rio Blanco: Stearman said most home-rule advantages — greater local control over complex urban problems and specialized taxation or district creation — typically benefit larger, more urban counties. He did not identify a clear statutory carve-out the county could rely on to avoid statewide mandates such as certain newly discussed rules. He noted that only two true home-rule counties currently exist in Colorado and that experience has been mixed.

Commissioners asked staff to continue research. Stearman and staff said they will return with additional information if the board wishes to proceed; no formal action was taken during the work session.

Ending: The county will monitor the Western Slope COCA litigation and continue research on the benefits, costs and legal exposure of home-rule conversion before any decision to place measures before voters.