Windsor mayor Barry Wilson is ousted after judge's ruling

Windsor Mayor Barry Wilson is out as mayor of the town after a judge ruled Wednesday his election to the seat in April is null and void because he was not eligible to run for the office.

In a lawsuit, Windsor resident James Cosner alleged Wilson wasn't eligible to run for mayor because if he won, he would have exceeded term limits as defined in the town's 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 town's charter when she approved Wilson's candidacy.

Wilson said he will appeal to the Colorado Supreme Court.

The town charter says an elected official, whether a board member, mayor or combination of both, can serve only two consecutive elected terms, but not more than 10 consecutive years in office, whether elected or appointed.

Wilson was first elected to the District 2 town board seat in 2018 and again in 2022. He served two years of his second term and ran for mayor in April's election. If allowed to serve a full term as mayor, he would have served 10 years over two full terms and one partial term.

"Wilson was not eligible to run for a third consecutive elected term for any position on the Town Board. It is immaterial that Wilson had yet to serve the entirety of his second consecutive elected term," the judge's order stated, ruling that the charter language is clear and unambiguous.

Lyons concluded the 10-year limit mentioned in the charter is intended to prevent someone from combining their elected terms and appointed terms to serve more than 10 years, but he said the charter is clear that both the 10-year limitation and the two consecutive elected terms 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 board seat and was sworn in as mayor on April 22.

Cosner's complaint originally asked that Hallett be seated as mayor, but that request was later removed, according to the judge's ruling, which declares that 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 any of the parties and "is not a reflection on any person’s integrity or character or prior service."

Wilson alleges the challenge was politically motivated.

"Money wins again," he said. "It's unfortunate that a conservative Weld County judge overturned the will of the voters. The Town of Windsor should be embarrassed by the entire debacle."

Shannon was appointed in 2013 by former Gov. John Hickenlooper, a Democrat. He has won retention with the voters of the 19th Judicial District of Weld County.

"I sincerely hope that the remaining town board members will have the backs of the majority of voters and appeal this decision to the Colorado Supreme Court and get me reinstated as mayor," Wilson said.

Cosner said he is relieved for himself and for the people of Windsor, who now have clarification on the rules.

"This has nothing to do with Barry Wilson and whether I like him or not," Cosner said. "We have rules and regulations that we created to live by. Either lets change them or let's live by them, but let's not act like we're the Washington, D.C., swamp and everyone just does whatever they hell they can get away with.

"We can't control the swamp in D.C., but as responsible people, we can control our lives in our little burg 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 the term limits rules.

But Frawley said the complaint came too late, after the deadline. She also said the town's interpretation of the charter allows for the completion of two consecutive terms and a partial term that would fall within the 10-year allowed period.

Furthermore, Frawley said the charter was interpreted the same way when Kristie Melendez ran for mayor in 2016.

Judge settled questions about Cosner's residency

Lyons ruled that Cosner has standing to challenge the election after Wilson argued Cosner was not a registered elector at the time he filed the challenge.

The judge said evidence "clearly and convincingly" established that Cosner has lived on Main Street in Windsor since 2022.

What happens next

For now, Mayor Pro Tem Julie Cline is acting mayor, McKenzie Paine, town communications manager, confirmed to the Coloradoan.

The town charter says that when the mayor's seat is vacated, the town board selects, by two-thirds-majority vote, a board member to assume the duties and powers of the mayor until the next regular municipal election.

Wilson said the town's attorney has told him he can't be appointed to either the District 2 seat or the mayor's seat.

Cosner said while he would be fine if the next mayor is Hallett, for the town to heal, he hopes there will be a special election with multiple candidates who aren't "old school Windsor."

He also hopes the community can build consensus and move together as a community.

The board unanimously voted on May 13 to pay for Wilson's legal expenses. It was already paying for Frawley's legal expenses because she was acting in her official capacity as town clerk.

This article originally appeared on Fort Collins Coloradoan: Windsor mayor Barry Wilson is ousted by judge's ruling