The Colorado Supreme Court issued an order on February 29, 2016 denying a petition filed by Jeff Auxier to appeal a budget complaint that was already heard by the District Court and the Colorado Court of Appeals.
In September 2015 the Colorado Court of Appeals affirmed the trial court’s dismissal of the case and award of attorney fees against Mr. Auxier for his pursuit of the Rule 106(a)(4) claim and attempting to set a hearing when his request for hearing had already been denied. The Court of Appeals reversed the trial court’s award of attorney fees for Mr. Auxier’s Rule 106(a)(2) claim and declined to award attorney fees for the appeal.
The original complaint alleged that the City was not in compliance with the Local Government Budget Law with respect to its 2012, 2013, and 2014 budgets. In particular, Auxier sought a court order directing the City to provide more detailed reporting of its expenditures and revenues and year-over-year comparisons.
When Mayor LiVecchi learned of the Supreme Court’s decision to deny the petition to appeal he said: “As the newly elected Mayor, hearing this news from the Supreme Court is refreshing because it reinforces our finance department and the quality of work that they perform.”
Since 2013 the City has spent $27,077.00 defending the Budget Law case in District Court and most recently the Colorado Court of Appeals. The City’s insurance carrier covered any cost that exceeded the $25,000.00 deductible for the attorney appointed by the insurance company. Approximately $1,896.00 will be recovered in attorney’s fees and costs from Mr. Auxier.