Douglas County attorney outlines home-rule process; Castle Pines council asks how it will affect cities

Douglas County Attorney Jeff Garcia delivered an extended informational presentation to the Castle Pines City Council about the county’s ongoing Home Rule County initiative.

Garcia explained the statutory process (citing the 1970 constitutional amendment authorizing county home rule under Article XIV, Section 16), described the 21-member charter commission that would draft a proposed charter, and outlined a two-election process (an initial question on whether to create the commission and selection of commissioners, followed by a referendum on the draft charter). He emphasized that many county functions remain mandatory and that the charter would not automatically change municipal authorities.

Council members pressed Garcia for specifics. Questions included whether a county charter could override municipal home-rule authority (Garcia said statute prevents using county home rule to override a home-rule municipality), how "reserved" statutory powers would be exercised later, whether charter commission members could be current county commissioners, and what new taxation or contracting authorities the county might have. Garcia said some statutes could be opted out of in a charter but that courts would ultimately resolve mixed state/local questions; he also warned that litigation risk exists but that the county’s legal staff can defend it.

Council members asked about timelines and the feasibility of drafting a charter in the statutory window; Garcia said the county expects a compressed schedule but believes it can be done using exemplar charters from other counties and by dedicating resources. Several councilors said they wanted more information on local impacts and on the role of municipalities in public engagement before the June 24 election deadline.