The City of Cripple Creek Charter Committee met Feb. 11 to discuss progress on a charter under which they will operate as a home rule city should voters approve it in the upcoming November election.

The process began February, 2025 when the city council voted to explore the benefits and drawbacks of becoming a “home rule” city versus remaining a “statutory” city. Cripple Creek is one of only a few cities in Colorado that carries the statutory distinction; 93 percent of the cities in the state operate under the home rule governance option. Home Rule is permitted by Article 20 of the Colorado State Constitution.

Home rule charter status offers the potential for more local control, increase revenue, protect land use, increase governmental transparency and address citizens’ rights and liberties. Financially, Colorado home rule cities have better oversight and control with tax revenue and allows for increased auditing power.

Currently, as a statutory city, Cripple Creek is bound to operate under state dictates which include government make-up, elections, term limits, zoning, sales and use taxes, budgeting, capital improvements, eminent domain, mass transit and voter qualifications.

There are no other options to address local and municipal concerns excepting going to the capital and meeting with state legislators.

Since last year’s meeting, the 18-month journey towards home rule continues with a nine-member committee elected by petition. Once the committee was established, bi-monthly meetings have been held to include interested residents and business representatives attending, offering input and, using an amendment process, will eventually adopt a final charter document. The charter is essentially written by the citizens with the community ultimately having a final say through the voting process.

As the spring deadline approaches for a public hearing to approve the charter, the final document is then placed on the ballot for approval in the upcoming November election.

CASINO CONCERNS

During public comment at the Feb. 11 charter committee meeting, Cripple Creek Casino Association representatives sought clarification on points currently in the proposed charter.

A Triple Crown Casino representative said, as a whole, the association was not in opposition to home rule. However, they saw that nothing in the charter addresses “device fees”, the current fee structure based on the number of machines or “devices.” That fee structure has been in place since the 1990’s and allows the city to collect revenue from each casino.

The commission’s response was that the city’s municipal charter is a governance document and does not address taxation whatsoever. Casino device fees and fee structures are under the jurisdiction of a vote by the city council.

Another casino association concern was the utilization of emergency ordinances. However, according to the charter commission, taxes cannot be increased through an emergency ordinance and are under Colorado’s TABOR statute. Additionally, home rule has “nothing to do with ordinances” which is exclusively a council function and subject to referendums and appeal processes by the people.

Essentially, the casino association seeks a “seat at the table’ with regards to how revenue is structured, collected and spent, along with auditing oversight.

They would instead prefer to see revenue-based taxation based on casinos’ Adjusted Gross Proceeds (AGP), versus the device fee structure which, they say, limits the gaming experience of visitors to the city.

BOX

A Home Rule Charter is sought for a variety of reasons including:

• Enhancement of citizen control, interest, involvement with greater flexibility to solve local problems

• City operates under a charter drafted by citizens and approved by citizens

• Citizens are closer to their city council than State Legislators and Governor

• Citizens amending their charter is easier than changing state law

• Quicker response time to emergency situations

• The city has more jurisdiction over abandoned/ vacant buildings with little or no repair

• The city has power over statutorily required zoning changes vs local land use control

• Freedom from state legislative interference regarding local and municipal matters

• Proponents stress that in order for the city to be able to have control over its destiny, a Home Rule Charter for Cripple Creek addresses residing citizens’ local concerns, and is “a must to stop Denver politics from taking over.”