The Johnstown Town Council appointed Ian McCargar as an administrative hearing officer for election-related matters Monday night, giving the Town an outside hearing officer who can be used if an election dispute requires one. The appointment passed 5-0, with Mayor Pro Tem Chad Young and councilmembers Jesse Molinar Jr., Dianne Morris, Dee Anne Menzies and Nick Bashford voting in favor.
Mayor Michael Duncan recused himself before the council considered the appointment, citing the need to avoid even the appearance of a personal interest in the matter. “I will not sit here and let the appearance of a self interest attached to the gavel,” Duncan said before asking that the record reflect he would leave the building. The council then took a brief recess while Duncan left before proceeding with the item.
Councilmember Damien Berg was absent. Duncan’s recusal came as the Town continues processing an active recall petition seeking his removal from office, though the Town did not describe McCargar’s appointment as being limited to the current recall process.
McCargar will be paid $300 per hour for legal services and $150 per hour for travel time. Town Manager Matt LeCerf estimated the overall cost would likely be relatively small, giving an example of roughly $2,000, and said staff would return to the council if costs became significant.
LeCerf also said McCargar’s services could be used for future election-related disputes if needed. As an example, he described a hypothetical future municipal election in which someone challenged whether a candidate should remain on the ballot.
Hearing officer can handle recall petition protests
Under Colorado Revised Statutes § 31-4-503, a registered elector may file a written protest challenging the sufficiency of a municipal recall petition. The municipal clerk normally serves as the hearing officer unless the governing body designates another person to fill that role.
The hearing officer may take testimony under oath, issue subpoenas and compel witnesses to appear. The law also requires the hearing officer to issue a written determination on whether the petition is sufficient, including the reasons for any finding that it is not sufficient.
If a recall petition is determined to be insufficient, the committee representing petition signers may withdraw it and, within 15 days, make certain permitted corrections before refiling it as an original petition. A refiled petition is then subject to another sufficiency determination and a separate protest period.
The statute also allows a hearing officer’s determination on petition sufficiency to be reviewed by district court. The legal review concerns whether the petition complies with statutory requirements, not whether the allegations listed as grounds for recall are themselves valid or justified.
Appointment comes during active recall process
McCargar’s appointment comes while Johnstown continues processing the recall petition involving Duncan, but his appointment does not mean a recall hearing will necessarily occur. LeCerf said the Town could also use McCargar’s services for future election-related disputes if needed.
