Complaint asks judge to nullify Windsor's mayor election

Windsor resident James Cosner is challenging the election of Barry Wilson as the town's next mayor.

Cosner's attorney filed a complaint in Weld County District Court on Thursday against Mayor-elect Wilson and Town Clerk Karen Frawley claiming Wilson was not eligible to run for mayor because he had already been elected to two consecutive terms on the town board.

Wilson beat fellow board member Jason Hallett 4,150 to 3,603 for the mayor's seat. The complaint asks that Wilson's election be annulled and Hallett seated as the next mayor. Frawley was named in her capacity as town clerk because she certified the election results.

Wilson is due to be sworn in to office Monday night. Whether that happens is up to Wilson and the town, said Cosner's attorney Trey Rogers. "If Barry is sworn in, I don't believe he will serve long. It might be prudent for the town and Barry to delay the swearing in until the court resolves this issue."

Wilson said he will "definitely" be sworn in along with newly elected board members Lainie Peltz and Richard Klimek and incumbent Ron Steinbach.

Windsor's town board, which is hiring outside counsel to defend its charter and Frawley, will discuss the complaint Monday in a closed-door session. Wilson said he will likely have to hire his own attorney.

The complaint is personal, Wilson said. "We have some wealthy people who don't want me to be mayor. But, I'm not going to give up. I'm standing up for myself and the town and standing up for the people who voted for me. I won by a good margin. We shouldn't have a judge or some wealthy person filing a lawsuit pick the next mayor."

Wilson was first elected to a four-year term in 2018 and reelected in 2022. He has served two years in his second term. He will resign that seat before being sworn in as mayor.

Cosner's complaint states that according to the town charter, "the term of office for an elected official either as a board member or mayor, or a combination of both shall be limited to two consecutive elected terms."

Therefore, the charter "bars Mr. Wilson from serving as mayor because it constitutes a third consecutive elected term," according to the complaint.

The fact that Wilson will resign his current position to become mayor "is irrelevant," the complaint states. "For the purposes of term limits, once Wilson was elected and began to serve his second term as a town board member it counted as an elected term."

The issue was first raised in a formal written objection to Frawley in January by resident Cindy Beemer, formerly Cindy Scheuerman, whom Wilson defeated in 2018.

The clerk dismissed the complaint because it failed to meet the statutory deadline for challenging Wilson's candidacy.

"Under state statutes, all petitions for nomination and affidavits ... are valid unless objection is duly made in writing within three days," Frawley wrote in response to Beemer's complaint. "As your objection is outside the three-day statutory requirement of Mr. Wilson's filing, I cannot consider your objection as timely and am required under statute to view Mr. Wilson's petition as valid."

Beemer did not pursue the issue further but told the Coloradoan in January she might work to get the relevant portion of the town charter changed. She categorized Wilson "as way more liberal leaning than what I feel is appropriate for Windsor."

Regarding term limits, Frawley said the town's interpretation of the charter allows for the "completion of two consecutive terms with the additional allotment of the partial term that would make up the final two years within the 10-year allowed period."

Since Wilson will resign his board seat with two years remaining to his term, Frawley wrote the action "would fulfill the 10-year period that is allowed under the charter."

Windsor faced a similar situation when Kristie Melendez went from board member to mayor in 2016. The town clerk and town administration interpreted the charter the same way it did with Wilson, Frawley wrote.

"Just because the town got it wrong before doesn't mean it gets to get it wrong again," said Rogers of Recht Kornfeld in Denver.

Reached Friday, Cosner deferred all questions to his attorney. Previously, Cosner was among those pushing voters to create a permanent parking zone downtown on the property known as the backlots against the wishes of town government and the property owner. The measure passed overwhelmingly.

Rogers told the Coloradoan the ultimate goal is to have the town "follow the requirements of its own charter," which would result in Hallett being sworn in.

Wilson and Frawley have about 10 days to respond to the complaint, after which a judge will set a hearing. It is expected the hearing would be within the next month.