Windsor Mayor Barry Wilson has resigned as the city’s mayor after a judge ruled Wednesday that his election to the seat in April is null and void because he was ineligible to run for the office.
In a lawsuit, Windsor resident James Cosner claimed that Wilson was ineligible to run for mayor because, if he won, he would have exceeded the term limits set out in the city charter.
Weld County District Court Judge Shannon D. Lyons agreed, ruling that City Clerk Karen Frawley, who was also named in the lawsuit, misinterpreted the city’s charter when she approved Wilson’s candidacy.
Wilson said he will appeal to the Colorado Supreme Court.
Under the city charter, an elected official, whether a board member, mayor or a combination of the two, can serve only two consecutive elected terms, but not more than ten consecutive years in office, regardless of whether elected or appointed.
Wilson was first elected to the District 2 City Council in 2018 and again in 2022. He served two years of his second term and ran for mayor in the April election. If he had been allowed to serve a full term as mayor, he would have served ten years, divided into two full terms and one partial term.
“Wilson was ineligible to run for a third consecutive elected term for any position on the city council. It is immaterial that Wilson had not yet fully served his second consecutive elected term,” the order from the court, which held that the charter language is clear and unambiguous.
Lyons concluded that the ten-year term in the charter is intended to prevent anyone from combining their elected terms and appointed terms to serve more than ten years, but he said the charter is clear that both the ten-year limitation and the two consecutive elected terms conditions apply.
Wilson ran against fellow board member Jason Hallett and had 4,150 votes to Hallett’s 3,603 in the April 2 election. Despite the lawsuit, Wilson resigned his seat on the board and was sworn in as mayor on April 22.
Cosner’s complaint originally asked for Hallett to be appointed mayor, but that request was later withdrawn, according to the judge’s ruling, which says Wilson’s election is null and void and the seat is now vacant.
In the ruling, Lyons said the decision does not find fault with either party and “is not a reflection on anyone’s integrity, character or prior service.”
Wilson claims the challenge was politically motivated.
“Money wins again,” he said. “It’s unfortunate that a conservative judge in Weld County overturned the will of the voters. The city of Windsor should be embarrassed by the entire debacle.”
Shannon was appointed in 2013 by former Gov. John Hickenlooper, a Democrat. He has gained retention among the voters of Weld County’s 19th Judicial District.
“I sincerely hope that the remaining members of the city council will have the support of the majority of voters and appeal this decision to the Colorado Supreme Court so that I can be reinstated as mayor,” Wilson said.
Cosner said he is relieved for himself and for Windsor residents who now have clarity about the rules.
“This has nothing to do with Barry Wilson and whether I like him or not,” Cosner said. “We have created rules and regulations to live by. Let’s change them or let’s live by them, but let’s not pretend that we are the swamp of Washington, DC and everyone just does whatever they can get away with.
“We can’t control the swamp in DC, but as responsible people we can control our lives in our small town here,” he said.
A citizen filed a similar complaint before the election
Windsor resident Cindy Beemer challenged Wilson’s candidacy in January by filing a complaint with the clerk’s office, citing term limits rules.
But Frawley said the complaint came too late, after the deadline. She also said the city’s interpretation of the charter allows for the completion of two consecutive terms and a partial term that would fall within the 10-year period allowed.
Additionally, Frawley said the charter was interpreted similarly when Kristie Melendez ran for mayor in 2016.
The judge resolved questions about Cosner’s residency
Lyons ruled that Cosner can challenge the election after Wilson argued that Cosner was not a registered voter at the time he filed the challenge.
The judge said there is “clear and convincing” evidence that Cosner has lived on Main Street in Windsor since 2022.
What happens now
For now, Mayor Pro Tem Julie Cline has confirmed acting Mayor McKenzie Paine, city communications manager, to the Coloradoan.
The city charter states that when the mayor’s seat becomes vacant, the city council, by a two-thirds majority vote, elects a board member who will assume the mayor’s duties and powers until the next regular municipal election.
Wilson said the city’s attorney has told him he cannot be appointed to the District 2 seat or the mayor’s seat.
Cosner said it wouldn’t be a problem if Hallett were the next mayor, but he hopes there will be a special election with multiple candidates who aren’t “old school Windsor.”
He also hopes the community can reach consensus and move together as a community.
The board voted unanimously on May 13 to pay Wilson’s legal fees. Frawley’s legal fees have already been paid because she was acting in her official capacity as city manager.
This article originally appeared in the Fort Collins Coloradoan: Windsor Mayor Barry Wilson is ousted by court ruling
