In an unusual move, all of the judges in Boulder County have recused themselves from deciding whether to block the recently-awarded contract for cleanup of debris from the Marshall Fire.

Demanding Integrity in Government Spending (DIGS), a nonprofit corporation that registered in Colorado three weeks before it filed a preliminary injunction request in Boulder County District Court, alleges that the county violated the state’s open meetings law when it evaluated proposals and ultimately selected DRC Emergency Services as the entity responsible for cleaning up the aftermath of the suburban blaze.

The Marshall Fire, which was the most destructive in the state’s history, consumed nearly 1,100 homes and businesses in Boulder County in late December. The cause is still under investigation.

According to The Denver Gazette, 11 companies submitted bids on the contract to clean up the debris, and the Boulder County Board of County Commissioners selected DRC at a meeting on Feb. 10. DRC has told county officials that it will clean up the debris in Superior, Louisville and unincorporated Boulder County by July 1. 

The request for a preliminary injunction and temporary restraining order claims that the county board and the committee it set up to evaluate contracts improperly met behind closed doors without public notice. DIGS asserted it had a right to observe or participate in the meetings.

“Boulder County has otherwise usurped the people’s public participation rights by charging full steam ahead with their contractor of choice, without a transparent process or the benefit of public input,” read the motion.

In documents filed with the Colorado Secretary of State’s Office, DIGS is registered in a Centennial shopping center to Michael Brown, former leader of the Federal Emergency Management Agency under President George W. Bush. Brown resigned amid criticism in the weeks after Hurricane Katrina hit New Orleans in 2005.

DIGS’ attorneys at the law firm of Davis Graham & Stubbs LLP did not return a request for comment.

The day after DIGS filed its motion, District Court Judge Bruce Langer issued a one-sentence order explaining that the judges on the 20th Judicial District bench had recused themselves.

Neither the state Judicial Department nor the clerk for the district court returned a request for comment. A county spokesperson also did not respond. It is unclear what effect the legal request will have on the cleanup operation.

Prior to approving the contract, Boulder County had already engaged DRC in limited debris removal, drawing concerns from two disaster cleanup companies that the county was not following proper procedure.

The Denver Gazette reported that DRC will be responsible for assessing tree health; monitoring air, traffic and dust from removal operations; and, doing independent property assessments. DRC formed in 1989 after Hurricane Hugo caused roughly $10 billion of damage across the southeastern United States.

The evaluation committee recommended that Boulder County select DRC because of its experience with wildfire debris removal and anticipated ability to finish by July 1.