Cast your ballot for those who will best protect Longmont's right to local control.
As we approach municipal elections Nov. 5, I believe it is critical that voters understand where each candidate stands regarding two lawsuits the city is currently defending. Although each lawsuit pertains to the community’s ability to regulate oil and gas operations within its corporate boundaries, each resulted from a separate approach to address foundational principles of local government in Colorado.
Home rule, citizen initiative and local control are key concepts found in the Colorado Constitution, the Longmont city charter and in years of practical application. The reason these basic principles of government are so critical is simple. When properly applied, they put key decisions about local communities in the hands of the people most heavily impacted, local residents. Under our charter, the citizens elect the City Council, which has the obligation to adopt appropriate policies to protect our health, environment and quality of life. This includes appropriate regulations for all land uses.
If and when residents do not believe the elected city council members are appropriately protecting the community, citizens have the right to initiate appropriate actions. This is what happened in 2012 regarding oil and gas operations. The ability to adopt appropriate land use regulations is a basic right of home rule cities in Colorado and a fundamental expectation of citizens. As you will see below, the primary opponents of local oil and gas land use regulations in Longmont are Gov. John Hickenlooper and the multi-billion dollar oil and gas industry. That is why city council elections this year are absolutely critical.
The first lawsuit is an attempt to thwart the city council’s right to reasonably regulate land uses in Longmont. It was filed by Gov. Hickenlooper via his industry-dominated Colorado Oil and Gas Conservation Commission (COGCC). The oil and gas industry quickly joined the governor’s legal action so that it could throw its deep pockets of cash into the fight to have the state, not the city council, regulate oil and gas operations within Longmont.
The governor felt compelled to take legal action against our community because a majority of the Longmont City Council dared to enact land use regulations that prohibit oil/gas operations, including hydraulic fracturing, within residential neighborhoods and requires these operations to be at least 750 feet from schools, hospitals and day care centers. Since the governor finds these rather timid Longmont regulations to be too restrictive of the heavy oil and gas industry, it verifies how little protection he believes our citizens deserve.
As of today, the city is vigorously defending its home rule rights to reasonably regulate the heavy industrial activities associated with oil and gas operations. However, a future city council could stop defending this lawsuit and capitulate to the governor and the industry. At least one candidate, mayoral challenger Bryan Baum, has publicly stated that he is in favor of settling this lawsuit. If you believe in local control, you need to know where the other candidates stand.
The second lawsuit stems from 2012, when a group of Longmont residents became convinced that a majority of the elected city council was not adequately protecting the community from the impacts of oil and gas operations. The citizens initiated a city charter amendment that prohibits fracking operations within the city boundaries. Approximately 60 percent of the voters agreed with the amendment last November and it is now a part of the city charter. The Colorado Oil and Gas Association (COGA) promptly filed legal action challenging Longmont’s city charter. The governor quickly joined forces with the industry.
I hope you see the pattern of state government and industry joining forces to attack local control. The opponents of local control hope that the combination of the power of state government and the deep pockets of a politically connected industry will intimidate small communities and citizens. They think bullying local government serves their interests. It will not work in Longmont if we elect the right city council members.
Both of these lawsuits address important local control issues; therefore, they must both be vigorously defended. The one addresses the powers of a home rule city as provided for in the Colorado constitution. The other defends the right of citizens to initiate charter amendments or legislation when their elected representatives fail to act appropriately. These rights and powers of our local community are in the hands of the next city council. I encourage each voter to understand the candidates’ position and cast your ballot for the ones who will best protect our community.