WE THE PEOPLE OF THE UNITED STATES, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
This is the statement of the purpose of government and also its limitations. GOOD GOVERNMENT will perform these things and only these things. GOOD REPRESENTATIVES will enact these things and only these things.
When you have representatives that enact legislation despite being told it is unconstitutional and beyond the limits of government it is BAD GOVERNMENT, BAD REPRESENTATION.
In Boulder County this has taken place.
The current Board of Commissioners (all Democrat ) seem intent on pursuing the agenda and vision of a limited group (perhaps even they themselves) and foisting it upon the people in the form of legislation.
The act of buying or selling rights (TDR's)
The act of telling people how or what or where to build on their property.
The act of giving preferential treatment to certain vendors or suppliers.
The act of telling people how large or small they may build their home.
NONE OF THIS LEGISLATION FALLS WITHIN THE LIMITATIONS OF GOVERNMENT!
Such actions should be done as suggestions coupled with education.
Instituting laws so specific which limit the blessings of liberty and choice is inappropriate
Such laws with our ever changing world will be obsolete
Such laws inhibit free market resources
Such laws prohibit ingenuity and limit the possibility of even better methods of building and materials that individuals can concieve
WHAT IS AT STAKE IN THIS ELECTION IS GOOD GOVERNMENT
Currently in Boulder County Board of Commissioners that have
extraordinary power have deserted the very people they are to
represent in exchange for their own agenda. Their loyalty is not to
the Constitution to which they took an oath to defend but to goals
and ideas of their own.
1. They have subjugated the rights and freedoms of individuals to a collective
mentality (Sustainability) and their definitions.
2. They have selfishly perpetuated their power by refusing to have
Commissioners elected by the district they represent.
3. They have not allowed citizen initiatives keeping all power to
themselves
4. They have violated the sunshine laws by collusion among
themselves outside of the public forum
speech
My name is Randy Luallin and I have been a resident in Boulder County for over 33 years. Graduated from Fairview High School in 1975. Raised my family in Louisville and that is were I reside today. I first took the oath to uphold and defend the Constitution when I entered the service at the age of 17. I have to admit that despite my patriotic fervor I had never read it. I did take it seriously however to defend this idea of liberty and justice for all, that simple pledge that was made almost everyday in school. I have read the constitution since then, many times. I was not one of the so called "child left behind". I could read it and understand it quite well and it inspires me every time. I sometimes carry it with me. The flame of liberty burns hot within me and I still take that oath very seriously. I truly believe that we can deal with the many problems and issues that confront us now and in the coming years without sacrificing those unalienable rights of life, liberty and the pursuit of happiness. It is this balance that I want to bring to Boulder County Government if you should choose to elect me.
I have been a student of history and it fascinates me. The need for we the people to be free and determine our own lives is at the core of this great country. The great experiment of the United States which is ongoing is the balance between individual rights and freedom and the common good. It can be a difficult line to walk and must constantly be examined. Government was instituted to achieve this goal.
TO PROTECT THE RIGHTS OF THE INDIVIDUAL WHILE PROVIDING FOR THE COMMON GOOD.
The Libertarian party is the only party that has this as its aim. By returning to the constitution which has a concise framework of the purpose and parameter of government we can achieve this goal. The concept of individual liberty coupled with individual responsibility is at the forefront of the party. The parties plank of non-violence and the peaceful resolution to problems at all levels be it between neighbors or countries is what we all want. Mutual respect for each other allows us to pursue our lives, liberties and pursuit of happiness without infringement on our neighbors life, liberty and pursuit of happiness. This principle is crucial to Environmental issues such that we do not infringe on future generations rights to life , liberty and pursuit of happiness if we poison the environment. This is community. This respect and these tools can guide us to a more perfect union. This requires open dialog and mutual concern. This respect removes the fear that calls for more regulation and social and paternalistic beuarocracy. This respect will keep the fruits of our labors to ourselves and reduce taxation and spending. This respect will keep government out of our billfolds, our bedrooms, our business. When applied you will find these principles of freedom can effectively solve our problems with economy, environment, and health.
The application of Libertarian principles can be applied at all levels of community from neighbors to cities, to counties to states to country, to international affairs. We have to opportunity to apply them here in Boulder County. So lets look at some of them. In the past County government in particular the Board of Commissioners dealt with the budget for the operation of the various arms of the State, that is law enforcement (Sherifs department), taxation (county assessors) licensing and records, as well as elections (County Clerk) and the common good in the unincorporated parts of the county primarily to maintenance of roads and bridges to facilitate travel and commerce. In many counties this is still the basic job of the County Commissioners. The job however has grown in Boulder County to land use and open space, health concerns and social services and government itself. Lets look at the issues and apply libertarian principles to them.
GOVERNMENT
1. Currently democratic representative government does not exist in Boulder County. The Commissioners are required to reside in set districts representing distinct flavors of the varied needs of the county yet they are all elected not by their district but at large which means a particular block or interest can and does elect all three commissioners. This is of course Democrat. Despite pleas and request to change this to election by district the Democrat party has refused to do so. As a libertarian this would change, the concept of fair and democratic elections is more important than staying in power.
2. The concept of citizen initiative fundamental to democracy so that citizens can put on the ballot for all to vote on issues that are important is non existent at the county level. As a libertarian, giving the citizens the right to initiative is far more important than keeping government within the agenda and ideas of only the elected representatives.
3. The current Board of Commissioners is composed of 3 individuals in which a quorum is simply 2. The Sunshine law strictly forbids a quorum of elected officials to discuss issues outside of a posted public hearing. The evidence of collusion within the current Board of Commissioners is obvious since there is little if any debate or discussion among them in public despite public testimony against their policies. As a libertarian I would push for a Board of at least 5 commissioners and strict adherence to the sunshine law.
POLICY
1. TDR's , The whole concept of buying and selling of rights is preposterous. If you took the concept and applied it to say the right of freedom of speech it would go like this. You would be restricted on what you could say, but if you could get your neighbor to say even less you could buy his rights and then say what you wanted to say. This principle is being used in the TDR policy of building on private property. The idea of being able to build what you wish if you have enough money to purchase someone else's rights makes it impossible without excessive capital. Both scenarios are unconstitutional in that Rights, (in this case development rights) are not negotiable, you either have them or you don't. and Everyone must be treated equally under the law regardless of their race, religion or in this case economical status. As a libertarian this would be rescinded.
2. House size limits, Build smart and Contractor licensing. Currently the policy of requiring not only certain building techniques and materials which come from restricted vendors and the use of contractors that have been tested and licensed by the County before a building permit is issued is an infringement on the liberty and freedom of the individual. Such policy not only limits building but it infringes on your freedom to contract with whom you choose and whom you do business with. It also restricts new and innovative materials and ideas yet to come. It tells you that government knows what is best for you. As a libertarian I believe I know what is best for me. As a libertarian I believe you know what is best for you, What you do with your body, how you should educate your children, what you do in your home and how you build your home. You should have the choice and you should take responsibility. The free market will respond with the most efficient and economical means to do these things when government interference is removed. I believe in not only choice but the peoples ability to choose wisely when well informed.
3. Site plan review. Currently the process of receiving (permission) to develop your property is a long and sometimes frustrating subjective process which is used to delay or stop development altogether. The people of unincorporated Boulder County have asked repeatedly to make this process simpler and objective but have been ignored. In fact, the small population in the unincorporated County (as opposed to the urban) has been totally disenfranchised despite the fact that these are the very people the Board of Commissioners are to represent. As a libertarian the site plan review process would be reviewed and made to be objective and quick and the citizens of the unincorperated or rural county given representation as they deserve.
4. Zoning and code violations. In the past the Board of Commissioners have used this as a hammer to stop building and subjugate individuals. When challenged in court where the people have the opportunity to have justice the County has lost time after time in cases which where judged frivolous and vexatious. This has cost the taxpayers tremendous sums of money in lawyers fees and court costs. The Board of Commissioners has successfully with subterfuge gotten legislation passed at the State level to remove the right of citizens that seek redress through the courts the right of remuneration of lawyers fees and court costs when they win. The financial burden of getting redress is now in many cases too high for citizens even when their cause is just. The County now prosecute with impunity frivolous and vexatious charges. As a libertarian I would seek the rescinding of this state statute and an independent board for citizens to seek redress of grievances ( a constitutional right) before litigation.
OPEN SPACE, SUSTAINABILITY
1. The current taxes and spending on open space is a popular policy. It has been in the most part a vote of the people. The issue I see is in how open space is purchased and used. The current policy of purchasing agricultural land at great expense and taking it out of the tax roles for schools and fire protection districts and then leasing it back to the same farmer for penny's on the dollar all the while not allowing public access by the people who paid for it is when in fact it was zoned agriculture in the first place seems unnecessary and redundant. It cheats our schools and fire departments and the public for no reason. As a libertarian open space would be open to the public, purchases would be of sensitive areas and buffers to urban areas and fully accessible and well maintained for the public whom owns them. Thoughtful and courteous employ of open space staff would be paramount. Law enforcement would reside with the the appropriate office of the Sheriff and park personnel would not carry weapons.
2. Rural flavor and Rocky Mountain Christian Church ; The Rocky Mountain Christian church owns somewhere in the neighborhood of 50 acres of land and since 2005 has been stalled and stonewalled by the staff and BoCC to the tune of 2.2 million dollars in plans and litigation imposed maliciously and vexatiously. The cost to the taxpayers has been comparable and if will only increase should this go to the supreme court where the county has vowed to go to by Will Toor. Even more curious is the fact that over the three year period that this process has been going on not one Commissioner has set foot on the RMCC property and discussed this issue with them. At the same time Cemex has been given a verbal ok and no apparent site plan review or special use review, no building permit or fee no paper trail! for a new transfer station. Is this equal protection? Is there something else going on? Good questions that do not seem to be answered by the BoCC. This is not the kind of government that serves the people but instead misuses its power and revenue to further selfish agenda's. Only a change in representatives can turn this around.
3. cemex tire burning and infractions: The very Libertarian concept of not infringing on the life, Liberty and pursuit of happiness of others while enjoying it yourself extends to future generations as well! This requires that we do not pollute our natural resources and damage each other or those that will come after us. Cemex has been polluting and infringing on the community that surrounds it with impunity. The cries for help to the current County Commissioners has gone unheeded. There is evidence that suggests that they have looked the other way due to back door dealing in which Cemex has deeded build-able lots to the County for Open Space. Even the appearance of this kind of government operation is reprehensible and must be stopped.
4. WCT or Worthy Cause Tax which has been extended two times now is a tax imposed upon the general populace and then distributed to non-profit organizations in the county. While the american people are some of the most generous people and tend to give to worthy causes this is inappropriate for the BoCC to do this. First it makes people less likely to give personally to the worthy cause of their choice since they are taxed without their consent in most cases. Second, the choice of who gets this tax money is made by three people, the BoCC. It is not distributed evenly to all worthy causes, in fact only 8 are chosen. This could be used to influence the vote and is of course unfair to the non-chosen worthy causes who must compete for the BoCC favor. It is socialistic and not the place for government. Better would be informing the public of all worthy causes in the county so each individual can contribute or volunteer as they see fit.
The upcoming election is not about open space, it is not about sustainability, it is not about humanitarian concerns, IT IS ABOUT GOOD GOVERNMENT!
Together we can walk the balance to achieve the common good while we preserve individual rights for ourselves and our prosperity. I am asking for your support in the upcoming election to be your public servant.