Colorado Springs City Council censures Dave Donelson, but 'it won't work,' councilman says

Amid applause, shouts and boos from the crowd during a tense and emotional special meeting, Colorado Springs Councilman Dave Donelson on Tuesday was censured and removed as a council representative on several other city and regional boards for "breach of decorum."

The City Council voted 6-2 in three separate votes to censure Donelson and remove him from various liaison and voting positions he held on other boards. Councilman Mike O'Malley was absent from the meeting. Councilmen Randy Helms and Donelson opposed all three actions.

"No matter how shrill the response has been to (my) simple request, I was properly doing what I was elected to do: representing the citizens of District 1 — and, actually, the entire city — when I asked it," Donelson said in opening statements.

The councilman has come under fire by his fellow councilmembers in recent days after he asked some of them during a public hearing last week to recuse themselves from voting on a proposed controversial apartment complex on Garden of the Gods Road.

Councilmembers Brian Risley, Michelle Talarico and David Leinweber accepted campaign donations from the developer proposing the apartments and that could create a perceived conflict of interest, Donelson has argued.

A censure is a formal reprimand expressing disapproval of a councilmember's behavior. Though censured, Donelson retains his council seat, title and council voting ability.

Residents descended on City Hall in the late afternoon Tuesday for the standing-room-only meeting, many in support of Donelson. They held signs with sentiments like "I'm behind Dave" and "Follow the money."

The council did not hear public comment at the meeting. Donelson motioned to allow residents to speak for one minute each, for up to an hour, but the motion died for lack of a second from another member on the dais.

Residents indicated their support and their dissent throughout the afternoon. The crowd cheered for Donelson and booed other councilmembers as they shared statements about why they supported censuring their colleague.

Many residents indicated they felt the council's actions against Donelson were an unfounded punishment and instead praised him for his request.

"Mr. Donelson, we love you for listening to the people," one woman said after he entered council chambers for the meeting.

Six councilmembers who supported the actions against Donelson said he fueled community distrust in the board.

"City Council functions as a body, not a group of single individuals. As a body, we represent the city at large, not only certain segments or viewpoints. This apparent division with Councilmember Donelson impacts our ability to effectively govern and lead as a body," Risley said.

Councilwoman Nancy Henjum said Donelson's actions last week "showed a blatant disregard and disrespect" for councilmembers. Censuring and removing him from other boards is necessary because "the majority of City Council can no longer trust Councilman Donelson to operate in good faith," she said.

The council rejected pleas from Helms, the body's president, not to act against Donelson in an effort to "bring the council back together."

Donelson would not apologize for his statements but said he was willing to meet individually with councilmembers to "work through these issues."

Accepting campaign donations from developers breaks no city, state or federal laws and does not constitute a conflict of interest, councilmembers repeated.

Several councilmembers said they can and do consider and vote on various issues that come before them in an impartial way.

"Our responsibility is to make fair and unbiased decisions based on the merits of each case in the best interest of the community. It is essential to distinguish between perception and reality here," Councilwoman Lynette Crow-Iverson said.

According to a list of council liaison appointments to other boards, commissions and committees last updated Tuesday, Donelson appears to retain his position on the council's budget, personnel, special district and strategic planning subcommittees.

The council voted to remove Donelson from his position on others, including but not limited to the city's audit committee, independent ethics commission, the Pikes Peak Rural Transportation Authority and the Pikes Peak Area Council of Governments.

Donelson said in an interview Tuesday he believes his censure could be unconstitutional, adding that some law professionals have indicated to him a censure could violate his First Amendment rights.

"I'm concerned we're creating an atmosphere where I can't ask questions, where I'm muzzled," he said. "It won't work."