Commissioner Stewart's decision to take upon himself two full-time jobs is both challenging to and revealing of the democratic process, especially as it works in Boulder County.

Initially his decision to fill the position of Parks & Open Space Director, yet retain his seat on the Board of County Commissioners, begs the question as to which of the two positions is really a full-time job. The Director receives an annual salary of close to $80,000 (and predictably closer to $100,000 in the very near future). This level of compensation is appropriate for a full-time Director supervising over 100 employees, and administering over 50,000 acres of parks and open space and a budget of almost $ 12 million. Ms. Holmberg was on the job 50 or more hours each week and many evenings and weekends. On the other hand the Commissioner's position receives a salary established by the state legislature at $50,000. This is based on the belief that such jobs, especially in a county like Boulder with an annual budget of over $ 143 million, require at least a forty-hour workweek.

With all due respect to Mr. Stewart, serving in two such positions certainly begs the question as to whether either job will be adequately fulfilled.

Can one person serve two masters? That question also raises what seems to be a

critical issue in the mind of many citizens. As Director of Parks & Open Space Stewart is hired by and reports to the Board of County Commissioners. As a Commissioner, Stewart is elected by and reports to the voters. Is this a conflict?

In past years it was common, and indeed necessary, that a Commissioner act as a road supervisor for the roads and highways in the district in which he (this was before female commissioners) resided. Indeed this duty was the underlying reason for electing Commissioners from separate parts of the county: the mountains, the south half east of the mountains and the north half east of the mountains. Not until the Supreme Court decisions requiring equal voting representation were the district boundaries redrawn on a population basis. At the same time the Commissioners wisely acknowledged that a road system covering many hundreds of miles and varied terrain required professional management and supervision. Joe Smith, the last true mountain Commissioner, took good care of the roads because he traveled them and knew the people who lived along them.

It is interesting to note that none of the several commentators have been able to cite an instance of a County Commissioner holding an executive position other than Road Supervisor.

The dual masters issue, however, underlies a basic principal of democracy: the separation of powers, and the checks and balances which arise therefrom. The image of a small town sheriff who both issues the ticket and then puts on his robe to hear the appeal often comes to mind.

James Madison in the Federalist No. 47, on January 30, 1877, had this to say about the separation of powers:

"The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."

And further, in the same Federalist paper Madison quotes Montesquieu as stating:

"[T]here can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates."

Article III of the Colorado Constitution states:

"The powers of the government of this state are divided into three distinct departments,--the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted."

To suggest that such principles do not apply on a local level is to suggest that democracy does not apply in Boulder County.

Finally, however, because all politics are local, we must take a pragmatic view. Resignation prior to an election is not uncommon either in Boulder County or elsewhere. Politicians recognize that an incumbent, even one who has not been elected, has a dramatic advantage over a stranger. This is especially true in the two very important aspects of campaign funding and name recognition. The Party in power would obviously like to assure victory for Mr. Stewart's successor

Persons who are more knowledgeable of the current political scene have cautioned us that Commissioner Stewart's failure to resign immediately and allow his Party to select a successor may be nothing more than evidence of some unhappiness in the Party. Perhaps Mr. Stewart does not yet have enough votes among the Democrat Central Committee to assure the nomination of his replacement.

We wish Director Stewart well in his new position. We have both supported all of the County's open space initiatives. (Those with long memories may recall that we ran Ruth Wright's first campaign for public office. Had we been successful we believe that Boulder County would not have the growth problems that we face today.) We will support Director Stewart in his efforts to purchase more open space at fair market value. We await with eager anticipation the selection of Commissioner Stewart's successor. Perhaps she (or he) will move beyond what many perceive as attempts to create open space through land use regulation.

Ann B. Mygatt and Karl F. Anuta

(Ms. Mygatt and Mr. Anuta are attorneys who also serve on the advisory board of the Land Use Coalition)