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Tommy Flower recall, Custer County, Colorado (2023)

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Custer County Board of County Commissioners recall
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Officeholders
Tommy Flower
Recall status
Recall approved
Recall election date
August 8, 2023
Signature requirement
764 signatures[1]
See also
Recall overview
Political recall efforts, 2023
Recalls in Colorado
Colorado recall laws
County commission recalls
Recall reports

An attempt to recall Custer County District 3 Commissioner Tommy Flower in Colorado was initiated in 2023. A recall election was scheduled for August 8, 2023. A replacement election was be held concurrently with the recall.[2] Voters recalled Flower and elected Lucas Epp as his replacement.

Recall vote

Tommy Flower recall, 2023

Tommy Flower lost the Custer County Commission District 3 recall election on August 8, 2023.

Recall
 Vote
%
Votes
Yes
 
50.8
 
1,202
No
 
49.2
 
1,166
Total Votes
2,368

General election

Special general election for Custer County Commission District 3

Lucas Epp won election in the special general election for Custer County Commission District 3 on August 8, 2023.

Candidate
%
Votes
Lucas Epp (Nonpartisan)
 
100.0
 
1,207

Total votes: 1,207
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Recall supporters

Recall supporters listed the following grounds for Flower's recall:[2]

Commissioner Tom Flower has betrayed the Custer County Commissioner office, abandoned his Oath and is derelict in his duties. The Colorado Independent Ethics Commission, found that Mr. Flower violated §24-18-109(3)(a), C.R.S., in multiple respects:

1. By failing to disclose his personal or private interest in the matter,
2. By failing to recuse himself from the matter, and
3. By attempting to influence his fellow commissioners in voting on the matter.

The issue was related to overtime payment to Board of Health employees, which included his wife. According to the Ethics Committee, Mr. Flower's actions constituted a breach of the public trust for private gain pursuant to § 24-18-103, C.R.S. Mr. Flower was fined, accordingly. Mr. Flower is a liability to the County. He has also created a hostile work environment at the Custer County Courthouse for some employees. At a December 2021 meeting, Planning and Zoning Director, Jackie Hobby, told the BOCC that her pending resignation was due to Mr. Flower's continual harassment. The BOCC sanctioned Mr. Flower, by removing his management responsibilities and requiring him to attend sensitivity and leadership training. Mr. Flower needs to be recalled to save the county and a successor candidate needs to be elected. [3]

Recall opponents

Flower responded to the recall effort with the following statement:[2]

In August of 2020, during a BOCC meeting, I failed to publicly notify then-commissioner Jay Print and commissioner Bill Canda that Cindi Flower was my wife when I discussed and voted on a motion to pay the employees of the Public Health Agency, of which she was an employee, and then-assistant IT director Alex Anderson for overtime hours worked during the height of the COVID pandemic. The motion was made by Printz, seconded by Canda. During discussion of the motion, I debated that the BOCC should make the decision as to paying the overtime and not the Corona Virus Relief Fund committee. I should have abstained from that vote due to a potential conflict of interest.

I believe the body of work that I have performed as Commissioner in the last 5 ½ years speak to my dedication and commitment in serving the public to the best of my ability. As a voting member of the Region 15 Opioid Consortium, member of the Tripartite Board of Directors for the Community Service Block Grant program, Vice-chairman of the State Underfunded Court Commission and voting member of the Central Front Range Transportation Planning Region, I am representing our county at the local, regional and state levels. My involvement in water issues, attainable housing, weed management, broadband, recycling, Short Term Rental regulations, the county fair and both municipalities are an effort to make Custer County a better place to live.

I'm sure that you and I are disheartened and tired of all the hatred, negativity and divisiveness in our county. Please do not support a misguided attempt to recall an elected county commissioner. If you believe you have all the facts and are disappointed in my performance as a county commissioner, then vote for my opponent(s) in the November 2024 Commissioner election. [3]

Path to the ballot

See also: Laws governing recall in Colorado

For a recall to qualify for the ballot, supporters must file signatures "equal in number to twenty-five percent of the entire vote cast at the last preceding election for all candidates for the position which the incumbent sought to be recalled occupies." The petition must be "signed by registered electors entitled to vote for a successor of the incumbent sought to be recalled."[4]

See also

External links

Footnotes

  1. Ballotpedia staff, "Email communication with the Custer County Clerk and Recorder," July 7, 2023
  2. 2.0 2.1 2.2 Custer County Colorado Elections, "Election Information," accessed July 6, 2023
  3. 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. Colorado Revised Statutes 2016, "ARTICLE XXI: Recall from Office," accessed November 15, 2022