Their complainant argues Watchdog is engaged in "electioneering" because it makes "references" to candidates. Since it's impossible to report on an upcoming election without referring to candidates the complaint is intended to force Watchdog to become a "campaign" committee.
Since Watchdog does not want to get into the business of supporting, endorsing or opposing candidates, this would have the effect of shutting down the group's investigative function.
In a classic example of how the traditional media is exploited by the establishment, the following story was printed in the November 14, 2019, issue of the Lakewood Sentinel questioning the Lakewood Watchdog.
Watchdog Expose Upsets One Councilor
Although Gutwein did not elaborate on what stories bothered her we found this story from last year that referenced Gutwein. Watchdog reported on a campaign finance complaint filed against Gutwein’s political ally - failed Ward 1 candidate Kyra deGruy. The complaint noted deGruy used her 2017 donors’ campaign contributions to fund a $2,000 payment to Gutwein.
The documentation accompanying the complaint shows deGruy gave Gutwein $2,000 in December 2017, a month AFTER the 2017 election. The timing meant it was done AFTER the last 2017 campaign report was due.
Since the actual reporting was not made until November 2018, it was over a year after the election during a period in which observers are generally not paying attention.
The complainant questioned why this action was reported so late, speculating whether this may have been an effort “… of the candidates to disguise the “pass through” of campaign contributions made to Kyra deGruy, Ward 1 to support the candidacy of Dana Gutwein, Ward 5 in the upcoming 2019 election.”
DeGruy claimed the payment was for “consulting” services provided by Gutwein. A review of the CO Secretary of State’s records raised questions about this “expense”.
Gutwein created a “consulting” business in February 2015 when she was running for office. However the SOS records show Gutwein’s “business” was terminated in 2016 and the business name was assumed by another person in April 2017.
Despite the SOS declaring Gutwein’s consulting business defunct in 2016, deGruy gave her “consulting fees” in late 2017. We don’t know if Gutwein reported the payment to the IRS as income for tax purposes.
The City hearing officer dismissed this complaint against deGruy.
"Sunlight is the best disinfectant"
Our Ongoing Battle For
Free Speech and Free Press
As you can well imagine, the establishment is desperate to shut down this independent source of information.
For many citizens Watchdog is the only way they can find out what's going on at City Hall. Over the years there have been numerous attempts to stop us.
Earlier this year, Councilor Gutwein tried to use the rewrite of the City's campaign finance disclosure rules to regulate Watchdog. As you can see in this adjacent Facebook posting on January 15 she crows she finally had us.
A couple months ago one of her allies did file a complaint with the City. Thanks to the 1st Amendment rights of free speech and free press, these efforts naturally failed.
But they are not going to let a little thing like Constitutional rights stand in the way of controlling the flow of information.
In late September, a couple of their allies came before Council to decry Watchdog supporters as a bunch of racists. After the October 1, 2019 issue came out one of their most vocal minions send an email to all Council members demanding our newsletter not be allowed into the Councilors' individual town hall meetings. (see right)
Not satisfied with making personal character attacks against our President, Dan Smith, the establish-ment is looking for ways to cease publication of our flagship newspaper, the Lakewood Watchdog. The latest effort is to use the new campaign finance reporting rules to attack Watchdog. The rules were revised earlier this year to "level the playing field". The framers claim it would limit the influence of special interest money and reduce corruption.
Instead it is being misused to try to find out the names of our donors and the details of the newspaper's distribution. A campaign finance complaint was not filed against the hundreds of thousands of special interest dollars that poured into the 2019 campaign but rather to attack the creditability of the Lakewood Watchdog.
Update on the Ongoing Battle to Shut Down Watchdog
"The greater the power, the more need there is for transparency, because if the power is abused, the result can be so enormous. On the other hand, those people who do not have power, we mustn't reduce their power even more by making them yet more transparent ."
Lakewood Citizens' Watchdog Group was formed in 2013 by residents concerned the local media does not adequately inform citizens of all the actions of our local government entities. Although the emphasis is on the City of Lakewood municipal government, we also look at special districts.
We observe Council meetings, read government documents and get "tips" from whistleblowers within government and share our findings with the citizens. To protect our whistleblowers from retaliation we do not publicize the names of our sources, writers, volunteers or donors without their permission.
President - Dan Smith
Newsletter Editor - Sue Cook
Researcher - John Williams
"Truth never damages a cause that is just."
So, what is the Lakewood Watchdog?
Citizen driven newspaper accused of election violations
[The Lakewood Watchdog is published quarterly and often refers to Lakewood’s government as “the establishment.” It claims to give its readers “the whole story” and that it keeps “the people informed of the happenings of their local government that are ignored by a compliant news media.”]
Posted Wednesday, November 13, 2019 11:20 am
Lakewood resident Dan Smith wants the Lakewood Watchdog newspaper to be looked at as traditional media outlet. The Watchdog, published quarterly, often refers to Lakewood’s government as “the establishment,” and it claims to give its readers “the whole story.”
The Watchdog’s pages are colorful, and the front of each issue reads that it’s published “to keep the people informed of the happenings of their local government that are ignored by a compliant news media.” It chimes in on local government issues, and its recent Oct. 1 issue was critical of, as of print, Lakewood City Councilmember Dana Gutwein, who was up for reelection, Lakewood City Council candidate Kyra deGruy and Lakewood Mayor Adam Paul — someone the Watchdog has targeted in previous issues.
The Watchdog isn’t necessarily untruthful, but it is clearly opinionated.
Election season may be done, but some in Lakewood politics are still pointing their fingers at the Watchdog. Lakewood resident Tom Keefe filed a complaint against the Watchdog to the city of Lakewood on Oct. 23, saying it violated Lakewood Municipal Code — particularly in regards to campaign and political finance code around Lakewood’s elections.
Here’s a look at the Watchdog and what Keefe’s complaint looks like.
What is the Watchdog?
The Watchdog was born in 2014 after Dan Smith ran an unsuccessful campaign for a City Council seat. He lost the 2013 election to Shakti in a 53.1% to a 46.9% vote. Smith says he lost the election because former Lakewood Mayor Bob Murphy made sure Shakti’s campaign was “well funded.”
“I told (Murphy) at that point in time that he was going to be wishing I won the election, because he hadn’t heard the last of me. If I had won the election, I wouldn’t have been able to start the Watchdog, so I’m grateful that he made sure enough money was spent to beat me,” said Smith, who serves as the president for the Watchdog. He says the president’s role of the Watchdog is to do some editing, research and to make sure it’s in compliance with government regulations. Sue Cook serves as the Watchdog’s editor and John Smith serves as its researcher.
The Watchdog doesn’t quote any sources like a traditional newspaper, nor does it have any bylines next to its articles.
Smith says the Watchdog is distributed to as many registered voters as it can be sent out to, and if he had the budget, he would send it out to every doorstep in Lakewood. The Watchdog is funded by “concerned citizens,” Smith says, but he refused to give out the names of any of its funders, or how much it costs to produce.
“Our mission is open government in Lakewood and transparency in government. Generally, the powers that be use Looking@Lakewood and the Lakewood Sentinel to get their message out,” said Smith. Looking@Lakewood is a printed newsletter mailed to all residential and business addresses in Lakewood to provide residents with information about Lakewood’s government. “We counter balance that.”
Asked for specifics, Smith said the Lakewood Sentinel didn’t provide fair coverage regarding Lakewood’s recent residential growth cap vote. In July, Lakewood voters approved a ballot measure that limits new home construction to 1% in a special election.
“(The Lakewood Sentinel) tends to spin for the city establishment, and not take into consideration what the people in the neighborhoods are saying,” said Smith.
The Lakewood Sentinel released more than a dozen stories regarding the growth cap initiative, which often included quotes from citizens in support of the initiative.
Election coverage or campaigning?
The Watchdog’s critical eye definitely focuses on some candidates more than others. The Oct. 1 Watchdog edition, alleges that deGruy violated campaign finance reporting requirements in 2017 by giving Gutwein a $2,000 expenditure for consulting services. That allegation was dismissed at that time by former Lakewood City Clerk Margy Greer, who called the allegation “frivolous.” The Watchdog takes other shots at Gutwein and deGruy saying the two tap into “the same liberal money sources.”
The Watchdog alluded to Paul as being a “career politician” in comparison to his mayoral opponent, Ramey Johnson. Paul was elected to City Council in 2007 and served as mayor pro-tem and council president until 2015 when he became mayor. Before then, he served six years on the Green Mountain Water and Sanitation District Board. Johnson has been on Lakewood City Council since 2011. She served in the state legislature as the representative of House District 23 from 2003-2004. She lost a reelection bid in 2006 to Gwyn Green.
“We just want to expose what’s going on. We’ve never said vote one way or another,” said Smith.
Smith has been no stranger to being called out publicly. Lakewood resident Steven Buckley filed a campaign finance complaint in June against the Watchdog, saying it violated city code in regards to its coverage of Lakewood’s growth cap ahead of the special election. The complaint was dismissed.
Smith was also publicly called a racist by Lakewood resident Sandie Weathers at a Sept. 9 Lakewood City Council meeting. He had previously shared a photo on Facebook of a truck with blood on the front of it with the caption “Just drove through Ferguson, don’t see any problems.” In 2014, protests took place in Ferguson, Missouri after the shooting and death of Michael Brown, an 18-year-old African American man, who was killed by a police officer. Protestors, many of whom were African American, took to the streets in protest.
“They’re out there calling us racists. There’s no race involved,” said Smith. “I have neighbors from all over the world, and we get along. Most of them support me. We all want the same things, and it doesn’t matter where we’re from.”
Metropolitan State University of Denver’s Shaun Schafer, who was a working journalist for 20 years and has taught journalism at the university level since 2004, said the Watchdog reminds him of a person deciding to print a blog.
“It’s interesting. The author clearly has a viewpoint that is based as much on personal interests as observable facts,” said Schafer.
“This is why we say it is important to have quotes from sources. It allows people to determine the value of what is being reported. A long list of items without reference to sources is just the same as keeping a diary,” he added. “In the marketplace of ideas, people are always going to seek out information. In this case, they may choose to go with an information source that they can agree with and that validates their existing biases.
When asked whether he would consider the Watchdog a credible news source, Schafer said time will tell with any news source.
“If we find that the reporting is accurate, over time, we give it credibility. If we don’t find that happening, then it’s not a valid source.”
Keefe’s complaint against the Watchdog is long and detailed. He alleges that the Oct. 1 edition of the Watchdog unfairly compares deGruy to her opponent, current Lakewood City Councilmember Charley Able. He also says Gutwein is unfairly compared to her opponent, Chad Gardner.
The Watchdog discusses Able’s work to bring back Lakewood’s Fourth of July fireworks celebration and his career as a reporter for the former Rocky Mountain News. But in comparing Able’s ballot box opponent, it only names deGruy when talking about funds she raised in a previous 2017 election campaign.
Smith has publicly supported Able on his Facebook page.
In a section comparing Gutwein and Gardner, the Watchdog calls Gutwein Paul’s “favorite councilor.” Gardner is only talked about presenting himself as a voice of change in the section. It goes on to talk about contributions Gutwein allegedly received.
“The Lakewood Watchdog is an electioneering communication. It is delivered to voters only during elections with support or opposition of candidates and issues with the intent of influencing an election,” said Gutwein. “Yet, the Watchdog has never reported one cent of their contributions for the thousands of dollars they have spent on our local politics, leaving voters with no ability to find out who is paying for it, and what their motives may be.”
To be considered an electioneering communication, the message, which can come in print or online form, must name a candidate, and be sent out to the voting public, according to Lakewood Municipal Code. It also must be distributed within 60 days before a municipal election, which the Oct. 1 edition of the Watchdog definitely was.
News stories or editorials are specifically excluded from most definitions of electioneering communication.
If an electioneering communication spends $500 or more, then it must include how it was paid for, the city’s municipal code reads. Keefe’s complaint alleges that the Watchdog failed to comply with that section of the Lakewood Municipal Code.
“The very thing that (the Watchdog is) criticizing people on the council and candidates of are things they are in fact doing. Things like dark money and like accusing others of election hearing fraud,” said Keefe. “I think one of the things I’m hoping for is better attention to the enforcement policy in the existing (Lakewood Municipal Code).”