07/10/2006: "Freeholders Take Council To Task"

An Open Letter to the County Council
We freeholders continually focused on the importance of "separation of powers" during the hundreds of hours we spent in creating our new charter government. The astute voters of San Juan County embraced this principal, when they overwhelmingly passed the charter. The County Council has a new role in the 2006 government – which is confined to legislative duties only. When we freeholders crafted the charter, the intent was to remove the council from any judicial function. With all due respect, you have no legal training and are not qualified to perform this function.

We did provide, however, for a limited "discretionary" review procedure. The intent here was to allow the council to create a narrow exception to the prohibition against interference with judicial functions – as is routinely done with the courts. The purpose of "discretionary review" is to allow minimum and selective intervention under some very unique and special circumstances.

To our dismay you are currently usurping this provision and are rewriting yourselves back into full judicial function, not too different than it was before. Despite counsel from the prosecuting attorney and from the current county administrator, you consistently refuse to accept that the Charter clearly places you in a legislative role and not an administrative or judicial roll. This is another attempt to thwart the will of the people and follow your own self-serving agenda.

Interestingly, you each complain that your job requires 70 hours a week and the Charter has not lightened your workload. That is not surprising in light of the fact that you are so diligently attempting to hold onto all the functions and sources of your past power.

Please embrace the charter for the good of the people. Follow the advice of your prosecuting attorney and let go of the judicial functions. Lead by legislation.

Jeri Ahrenius, Ryan Drum, Mindy Kayl,
David Bayley, Fred Ellis Sr., Stephanie O'Day,
Charlie Bodenstab, Richard Fralick, Bob Querry,
Jeffery Bossler, Greg Hertel, Gayle Rollins,
Lola Dean, George Johnson, Linda Tretheway