Private Road Public School

 

Stewardship and Common Interest
Joseph Flanigan
Oct 7, 2024

The letter presents information about choices and consequences. When I read that government organizational conflict-of-interest is the unlawful use of the general fund, I realized that most education is about government legislative operations, not government business operations. I am seventy-five; I do not recall education about government business operations. Professional experience, current local events, and gut instinct warn that the County and Loveland governments have multiple organizational conflicts of interest in business practices. Analyzing those concerns required a government business model. Business means work at some cost for some benefit. 

Stewardship. The business reason for government is to provide stewardship services to protect the people’s person, property, rights, votes and education. 

Stewardship Business. The government is a public trust that operates as a stewardship agency. Elected officials are the trustees, and civil servants are the stewards.

Stewardship is the work, services are the cost, and protection is the benefit. Most work uses rules as prescribed methods for work skills. We live in a world of rules; counting money depends on rules. You understand these words because you learned the reading rules. When I discovered the government business model, I did not discover government business operational rules. 

Stewardship is rooted in values like responsibility, accountability, and sustainability.  Stewardship rules are value statements for stewardship work and ethics of responsible management. For the government, stewardship rules are a reasonable person’s common sense that links statutes with regulations.

In communications, an intermediate form of rules exists between the speaker and the listener. In the brain are cognition rule models that interpret the sound, analyze, and build the listen thought.   The conversion of statutes into regulations requires an intermediate form of rules. The rule’s essential character distinguishes between lawful and unlawful. The conversion from regulations to policy, from policy to procedure, and from procedure to practice each has an intermediate form of rules. Each conversion step has step use bias that filters statute significance.  The name of the intermediate for is stewardship rules. The cascade of step conversion from statutes to practices requires a reversion conversion test, with the statute validating that the practice is lawful.  Stewards perform the conversion work. 

Some stewardship rules are so fundamental that they speak the truth about lawful decision-making and unlawful acts. Laws are the people's words; reading the law’s code begins with the rule, statutes read context left to right, and instructions read top-down. Regulations are instructions, not statutes. 

The books of government have three volumes: statutes, regulations, and ethics. Stewardship rules introduce a new volume or responsible management.  Legislatures write laws as rigid social rules for the people’s safety, protection, economics, rights, equality, issues, and resources. Government agencies write regulations based on the agency’s biases, providing detailed instructions to comply with the law. Government committees author codes of ethics on leadership behaviors to foster the public’s trust, standards of conduct, and transparency, expose misuse, and each’s personal promise to comply with the law.  

The reason for government is to provide stewardship services to protect the people's person, property, rights, votes, and education. The government's macro business model is a tripartite organization with in-source operations, outsourced client contracts, and outsourced provider contracts. The government is a public trust that operates as stewardship services. The public trust pays for in-source operations. The outsourced client contractor pays the Public Trustee for outsourced stewardship service. The public trustee pays the outsourced contractor for provider services. Before the public trustee can do business with an outsourced contractor, the outsourced contractor must qualified for the ownership and capacity of the deliverables’ exchange. Elected officials are the trustees; civil servants are the run-with-the-land steward trustees. The Public Trustee is the common name for the government’s business contractor person.

Corporations have business contracts with clients and providers. Likewise, the governments have business contracts with clients and providers. Both are agency business models. The corporate business motive is to account for profits for shareholders, while the government's business motive is the management of general fund expenses for stewardship services. The contracting parties are different; the contracts are different; the money motive is the same business interest. In both the corporate and the government client contracts, the client pays for deliverables. Whereas, in both the corporate and government provider contracts, the provider receives payment for deliverables. Districts are clients in the government stewardship agency, and subdivisions are providers. 

All legislative well-being districts are a disjoint legal private trust entity that operates as a stewardship agency.  The districts are not governments; they are a private trust business with citizens' grantors. School districts are government clients. The school district has the same stewardship business model: district, clients, and providers; money is the district’s business concern. The use of money buys education services. The School Board is the trustee, the employees are the stewards, students are the clients, and property owner taxpayers are the principal providers.  When the school district requires government professional client services, the district pays the government for the service. The same rule applies to other districts.

Stewardship Rules Principles

Stewardship rules are principle statements about the duties and obligations of stewards to conduct careful and responsible management of the people’s resources. Government operations start with the law’s statutes. Government business starts with the general fund. Government stewardship starts with the people’s protection. Government legislation starts with the Constitution. Government organizational conflict-of-interest starts with the unlawful use of the general fund. Government starts with the people. 

Government organizational conflict-of-interest occurs when leadership use the public’s resources for purported lawful works. County Planning has multiple instances where planners make voice-of-authority works claiming private property is public property.

The first stewardship duty is the translation of the statute into regulations. From regulations, stewards author policy, procedure, and practice task assignments. Stewardship rules provide task assignment execution oversight. The rules are formulas for rightful decision-making. Stewardship rules speak for themselves. Ethics is a gauge for measuring stewardship performance. Ethics provides a social framework for evaluating the "goodness" or "rightness" of stewardship actions and decisions effectiveness.

Stewardship rules are principle statements that define the duties and obligations of stewards to manage public resources carefully and responsibly. These rules are a translation bridge between the legal statutes and interpreted translation into regulations, policies, and procedures. The rules provide a framework for ethical decision-making in government operations. Examples of stewardship rules include those governing budget allocation, procurement processes, and the hiring and management of public employees.

Stewards play a crucial role in interpreting and applying these rules, ensuring that public resources are used effectively, efficiently, and ethically. While stewardship rules provide guidance, they require careful judgment and consideration of context.

Ethics serves as a critical gauge for measuring stewardship performance. Ethical principles such as transparency, accountability, fairness, and respect for the public interest provide a framework for evaluating the "goodness" and "rightness" of stewardship actions and decisions. Effective stewardship requires adherence to rules and a commitment to ethical conduct that considers the needs and interests of all stakeholders.

Stewardship Rules

• Stewardship Rule. Government business operations start at the general fund. Government legislative operations start at the Constitution.
  
  

• Stewardship Rule. In the United States, all possessed property is private property unless the government is the recorded title and deed named owner for public property or public domain. All private property has trespasser honor or real gates. 

• Stewardship Rule. Any official or professional civil servant who makes a public statement by voice, documents, or other media that land is public property makes a personal legal testament that the government is the named recorded title and deed owner. 

• Stewardship Rule. Subdivision common interest property is private property owned by the subdivision unit owners. Subdivision developer contracts are exclusive to the subdivision and may use the term public property to mean common interest property.
  
  

• Stewardship Rule. A survey defines a subdivision boundary, and statutes define a legislative special needs district boundary. Planning cannot change defined boundaries.
   

• Stewardship Rule. The Legislature, through Statutes, permits the establishment of Special Needs Districts (SND) for a community’s qualified public’s well-being special needs as corporate entities legally disjoint from the government.  The corporation’s finances are separated from the government’s general fund. To keep district operations disjoint, the district’s statutes are the corporate by-laws. SND business operations model is the same model as the government’s stewardship agency model. The district corporation is a public trust that operates as a stewardship agency.
  
  

• Stewardship Rule. For all outsourced provider contracts, the government uses the general fund to purchase the provider’s deliverables or services. For all outsourced client contracts, the client repays the general fund for the contracted government services work or resources.
  
  

• Stewardship Rule. To protect the general fund from conflicts of interest, all outsourced contracts have ten qualification steps: transparency, due diligence, pre-contract, offer, request, proposal, final, acceptance, delivery, and termination.
  
  

• Stewardship Rule. For all outsourced provider contracts, the contractor must own the deliverable. 

Organizational Conflict of Interest

The government's organizational conflict of interest is the public trust’s failure to protect property and the general fund's unlawful use to finance the failure. SNDs are government-disjoint private corporations the legislature approves to provide special well-being needs for the community. The business operates under the same stewardship agency rules, but the principals and services change.

 A planned subdivision contract is a two-party contract between the developer and the government public trustee.  A public trustee is a general name reference to the government’s public trust natural person contract party for the public trust.  The government person responsible for the contract’s works may be in-sourced assigned.   

1. For subdivisions, the developer's surveyed land property divides into multiple private servient residential or commercial estates (units) that are taxable estates and one non-taxable common interest property. The unit owners are the common property joint tenant owners. At subdivision contract acceptance, the surveyed land boundary becomes a non-possessory dominant estate with the public trustee as the run-with-the-land trustee. 

2. The dominant estate is the recorded named subdivision. The public trustee grants community-based easements for 

3. The government must pre-qualify the developer's property for claims, restrictions, boundaries, appurtenances or other conditions that affect servient estate title or deeds.

4. During the subdivision contract proposal phase, for each property deed, 

• The public trustee validates and records land property descriptions:  legal description, prior deeds, survey boundaries, easements, road access, address, subdivision name, liens, encumbrances, run-with-the-land deed restrictions, metes and bounds, lot and block. 

• The developer records all conveyance descriptions:  convents, conditions, restrictions, liens, and warrants. 

• At new owner construction delivery, the developer records tile, real property, all owner’s independent constraints. 

5. The government purchases the taxable estate rights. 

6. The unit owners are the joint tenant owners of the common interest property.

7. An HOA is a private corporation owned by the unit owner. An HOA can never be a joint tenant on the common interest property.

8. Any changes to common property land require all joint tenants to agree.

9. All unit owners must have road public access to the general street system by law. 

10. A Planned Unit Development’s road is construction on private common interest property.

• At contract acceptance, 

• The County’s contract’s public trustee is responsible for all contract terms delivery.

• The developers surveyed boundary details County GIS  mapped for the subdivision. 

• The developers hold title for the servient estates.

• The public trustee holds the deed for the servient estate until the developer sells the estate with the new real property.

• The mapped boundary establishes a named and recorded non-possessory run-with-the-land dominant estate. 

• The government continues as the estate's public trustee. 
• The dominant estate plat holds the community common easements for water, waste, power, fire, communications, roads, and byways. The dominant estate benefits from the servient estate property taxes. 
• The dominant estate public trust includes stewardship responsibility and duty obligations for public safety, permits, inspections, and run-with-the-land restrictions.

11.  A subdivision is a piece of land, not a public trust, with legal and social obligations. The non-possessory dominant estate is the named recorded Planned Unit Development.

12. In a planned private district, the unit owners are the community public, and common interest property is the community's public property.

13. In street navigation maps, common interest roads are private property. Map routing is property gateless.

14. Possessed land is private property or public property. Non-possessed land is navigation or easement. 

Homeowner’s Association

The government is the only institution that has run-with-the-land authority. HOA authority has many false claims. An HOA is a private corporation that can be terminated at will. The unit owners establish an HOA to provide maintenance services for the common interest property. An HOA is not a unit owner, nor can an HOA ever be a unit owner. Each unit has a designated natural person shareholder to be the voter on HOA services. Like any joint tenant property, for the common interest property owners to make property grant changes, title, deed, and land use permissions require every owner to agree. The HOA-designated shareholders authorize the HOA to do maintenance services. The HOA has no authority to lease or sell common-interest property. Property owner elections can only prescribe HOA maintenance services. 

Stewardship Trespassing Negligence Case

Larimer County’s Planning approval for the Cottonwood Elementary School is an organizational conflict-of-interest. When Larimer County approved Cottonwood School, it overstepped its legal authority by granting public street access to the common interest private roads, Bruns Dr., and the Turman Dr. road segment, in front of the school. County Planning and Official’s false public road decision directly affects the liability risks for the Bruns PUD unit owners, the rightful joint tenant owners of the common interest private property for. The County's disregard for the property owners' rights is NOT an isolated incident and a dangerous precedent for future property rights violations for the private roads in our community.

For an adverse possession claim, the Supreme Court requires “an uninterrupted possession for more than 12 years was in the original owner's knowledge.” By its voice of authority, Larimer County planning intentionally disguised the legal property owners from informing the original owner of their ownership. Adverse possession allows individuals can gain ownership rights to property they've occupied for a long time, even if they're not the recorded owners. Original owner property tax assessment payments in the claimed property deny adverse possession claim.  For the government to claim ownership, the government must accept it’s liability and maintenance. Larimer County government refuses to accept title, deeds, liability, and maintenance for common interest property transfer to the County as the recorded named property owner.  The refusal removes the obligations for run-with-the-land cost.  The refusal is an intentionally false voice of the author for the roads to be a general street system grant permitting trespassing on private property. 

High Risk Trespassing

Through their voice of authority, the County and the School Board misled drivers, adults, and students into believing they had public permission to access the frontage roads for Cottonwood School. These roads are private property, and false public access is trespassing. This betrayal of trust is deeply concerning and disappointing, primarily if a liability claim arose from this misrepresentation; it raises the question of whether the County or the School District would accept liability responsibility. Our daughter attended Cottonwood, and now, in retrospect, all our visits were technically trespassing. From those years, I recall thinking the school needed ADA improvement. The school entrance has high-risk parking, bus, pickup, drop-off, car visibility, and children self-navigate lots and streets. Relocating the school in the same social community maintains established support networks. 

Earlier 2023, I requested the school district move Cottonwood to their lot Monroe property. The lot’s street access is public property. The new Cottonwood could be a P to 9 school, not P to 8. Concerning the District's Monroe lot, I will need to do a line-by-line analysis of the Colorado statutes for school districts. The statutes state that the district's purpose is to provide education services. The district has the title permission to use the land to build real property education facilities. I understand that taxpayers purchase the land and permit a special deed of trust for the district to use the land. For the district to sell trusted land, taxpayers vote for approval. The vote is not by a general election. Instead, the vote requires a residential property owner's taxpayer approval. The assessor taxes each property as if the property has a single owner. A democratic election would be a special election ballot with one taxed property and one voter.

Opinion. Building the new Cottonwood as a P-9 school creates a youth wellness environment where students have a natural affinity for accepting the age groups as family. Students transitioning from elementary to middle school lose group identity to open forum stigma peer pressures prompted by the merger of multiple different elementary group identities. As a result, the groups form ad hoc social clicks. The clicks foster a discrimination emotional acceptance bond that distracts student education attention. The safety infrastructure reason is that there are no student drivers. One of the most compelling reasons for the opportunity to restructure sports, art, music, theater, etc., into education agendas rather than talent discrimination programs. Create new classroom frameworks for online education with quality and quantity education goals. School starts with the budget. Regardless of opinions, education is a production business! Production has three business concerns: cost, quality, and schedule. Taxpayers pay the district’s costs to produce educated students. Many students participate in P-12 years. Quality is the perception of the utility of resources. Labor, facilities, materials, money, students, elections, policy, education, and well-being are the work resources taxpayers fund. 

 

Major Organizational Conflict-of-Interest

 The Loveland City Council pressured the School Board to sell the Monroe lot for a high-density housing plan. The basis for their Sugar Creek decision is legally compromised. For the government to have a legal outsourced subdivision provider contract with a developer, the developer must own the land planned for dividing into residential servient estates. For any pre-approved final contract work, the developer must pay the government's planning and other service costs to avoid a conflict of interest with the general fund. Before the government could accept the final contract, the qualification requirements are extensive and expensive. Somehow Black Timber convinced the City Council to be its company marketing agent as a speculator. If the City wanted that land developed, the proper action was to request bid offers. To be an outsource provider, the company must be the owner and have the capacity to deliver. Black Timber did not own the land proposed for Sugar Creek. To make a land deal, Black Timber made a deal with the City Council to annex four lots to motivate the property owners to sell the land to Black Timber. Black Timber will build a high-density housing project. The Black Timber deal made the Council Black Timber’s marketing agent, its real estate agent, and sovereign authority to deny property rights and public safety. 

The City’s professional services blindsided the March 5 Council members. The law does not permit the serial annexation of four connected properties in a single referendum. Before each annexation, there are approval protocols, and then the property line can change. With the new property line, the procedure repeats. The Council's annexation vote did not legally annex any property. The City Attorney, Planner, and Black Timber lied to the Council, officially announcing that Monroe is a public property road for future Sugar Creek residents.  Public presentations by County Planner and Black Timber justify the high-density using a designated single-lane country farm road 31 with weed ditch curbs and, together with Bruns Drive, a private property road,  as a safe general street system connector route.  The City Council refused to hear the road’s adjacent property owner's life experiences with the road. A road safety planner made a presentation that the road would be safe for the proposed high-density community; he did not count the existing city's 287 West high-density commercial and residential community. 

Black Timber bribed the Vista View HOA, offering to fix sewer problems and give the Sugar Creek residents public use of Monroe. That is interesting. The HOA does not own private property; the road belongs to common-interest joint tenant unit owners. Even more incredible, Black Timber claims to be a professional residential property developer. The ownership constraints on common interest are well known.

Common Interest Property Conflict of Interest

Larimer County does not want to own common interest property for many reasons. If it did want the property, it would be in the County's recorded name, the roads would belong to the general street system, and the County would have government maintenance and liability responsibility. When the County accepts commercial or residential planned subdivisions, the development contract has two parties: the developer and the County. The developer’s land is divided into plated private servient estates. The developer retains title to the unit's estates so that the developer can construct real property, promising to sell the units to new owners.  The common interest property estate title is transferred to the public trustee. When the developer sells all the units to a new owner,  the public trustee transfers the common interest property owner with a joint tenant title. 

When the County accepted the development contract, it became responsible for the fiduciary protection of the estate’s private property. The formal legal named estate for the fiduciary land is a non-possessory dominant estate. To protect the common interest of the private property, the County has the trustee duty to post private property signs to alert pedestrians and vehicle drivers passing the posted sign is trespassing.  

Stewardship Rule. Subdivision contract terms for the community unit owners’ private property include public property, public domain, public access,  or common interest property. 

Stewardship Rule. An outsourced provider or client business services for deliverables contracts have ten agreement phases: transparency, due diligence, pre-contact, offer, proposal, final, acceptance, delivery, and termination. 

The government is a work provider with outsourced client contracts, and the client pays the government for services and deliverables. With outsourced provider contracts the government is the client, and the government pays the provider for services and deliverables work. Government business operation contracts with outsourced parties have rigorist tests to protect the general fund. Each of the four-phase agreements has qualification tests that prove the work is not a general fund conflict-of-interest and that the work produces necessary well-being for the people. Stewardship guards pass each test’s standard. Stewardship authors the standard. Personal steward ethics promises to guard the standards. 

Government Business Organization

The Government’s Business Organization slides illustrate the government as a business party with relationships. The corporation’s business operation model is the same as the government's business operations model. A corporation has clients and providers. Each party is independent. Government operations have the same business structure model, government, clients, and providers. The party names are different; the contract relations are the same, the terms are different. A three-party business contract relationship model establishes an agency.

Whether federal, state, county, or city, a government has three business faces. Public trust refers to the fiduciary responsibility a government has to its citizens. It is based on the idea that the government holds power and resources not for its own benefit but for the benefit of the stewardship services. The core business principles in government are accountability, integrity, transparency, and stewardship. 

The reason for government is to provide stewardship services to protect people’s rights, votes, person, property, and education. The government is a public trust that operates as a stewardship agency. Elected officials are the agency trustees, and the civil servants are the stewards. The trust’s insource operation provides stewardship services. The trust has outsourced client and provider contracts. 

The public trust stewardship agency starts with the stewardship account. Internal to the account are the general fund, the conflict-of-interest rules, and the budget for doing in-source stewardship works. Every outsourced contract has a responsible in-source implied agency with an assigned in-source agent. Each outsourced contract is with a specific party; as such, each outsourced contract has distinct terms that require the implied agency to manage contract terms. The template for the contract may use the exact words, and the in-source agent may be the same, but the outsourced party is different; therefore, the implied agency exists. An in-source sales agent may have many clients, each with an implied agency. A credit card is an expressed agency with rigorist business tests. Likewise, the implied agency has rigorist business tests.

Taxes are an outsourced contract with every taxpayer. The property tax assessor provides the treasurer with a property owner tax invoice. Each tax assessor invoice establishes an implied agency in-source. Taxpayers are the treasurer’s implied agency in-souce public trustee clients. The public trustee treasurer invoices the client, and the client pays the public treasurer's invoice to pay for stewardship services. The treasurer deposits the payment into the stewardship account.

Stewardship Rule. Except for national security or court orders, outsourced contracts are free, open-source processes and documents that taxpayers can examine to prove no conflict-of-interest concerns exist.

Stewardship Business Project Contract Phases

Formal project-based business contracts have seven phases. Each phase means the parties agree to the phase conditions and to proceed to the next phase. The contracts detail the effect on general fund expenses. The government pays for outsourced provider deliverables. For a person or company to be eligible for a provider contract, the party must own the product or deliverable and be able to transfer ownership to the government. The government is paid for outsourced client stewardship services. For a person or company to be eligible for a client contract, the client must demonstrate a need for stewardship services. The government used the general fund to pay for the in-source work to produce the service. The client must pay the cost back to the general fund. Each business project contract phase has a direct effect on the general fund. Each phase has task conditions; the stewards are responsible for the task’s general fund conflict-of-interest concerns.

Business Contract Phases

Each of the ten phases qualifies the business conditions between the government and the outsourced party, prescribed contract works, and the financial demands for legal compliance and consistency in the general fund management. The phases apply to both client and provider outsourced parties.  Transparency, due diligence, pre-contact, and offer are government expenses to validate the provider’s standing, owns the deliverable, the right to deliver. 

1. Government transparency. Public trust information disclosure. Timely free open-source media. 

2. Due diligence—Before considering an outsourced contract, qualify the business need, define a contractor profile to fulfill the need, validate resource dependency, and consider alternatives. A possible request for a proposal.

3. Pre-contract—Marketing and sales activities. The provider is capable of delivering the product or service. The parties agree to proceed with a formal offer.

4. Offer—The provider officially expresses its intention to deliver and submits a formal request. The parties agree to this formal request.

5. Request—The provider confirms their ability to deliver, describes the general scope of work or service, provides a budget forecast, and notifies the intent to submit a formal proposal. They also specify the governing law. The parties agree to a formal proposal.

6. Proposal—Detailed work specifications, timelines, test plans, constraints, work product, negotiations, agreements, schedules, compliance, confidentiality, and plans for unforeseen events. Client and provider negotiate terms and produce a work agreement, performance metrics, dispute resolution mechanism, warranties and liabilities, intellectual property rights, timelines, and milestones. The parties agree on a complete, formal, final contract.  

7. Final – The work agreement with exact terms, conditions, warranties, termination details, description, and dispute resolution process. The parties complete a final review.

8. Acceptance – Both parties approve by signature, deposits, and date confirmation.

9. Delivery – Construction, performance monitoring, controls, audits, deliverables, payments, schedule, quality assurance, permits, and transfers.

10. Termination – Failure to perform, work completed, renew, amendments, releases.

Before the government can accept an outsourced provider, the provider must be fully qualified to be a contractor. If the provider wishes to develop a subdivision with the intent of dividing the developer’s land into multiple taxpayer units, the process costs hours of County planning work to validate run-with-the-land estates. Since the developer plans to construct real property on the estates, the developer has the profit motive to pay the costs for planned income. A conflict-of-interest occurs if outsourced contracts deplete taxpayer general fund revenue without the government owning the work. Contracts for general street system roads produce work the government owns. With subdivisions, the government acquires the new non-processed property for tax assessment. During the subdivision contract phases, the contractor becomes a stewardship agency client for the request and proposal phases. Districts are outsourced clients that pay for stewardship services work.  A contractor is a business entity that needs professional County engineering and consulting services for the construction and property tax asset management. Once the contractor and the County agree on final terms and both formally accept the agreement, the contractor becomes a stewardship agency provider.  

The switch from provider to client to provider is a means for the public trustee to guarantee no conflict-of-interest occurs and ensures transparency.  For the stewardship agency, the subdivision community will have hundreds of years of requiring protection services. Rigorous attention to the current contract phases establishes an infrastructure for future watch. The contractor temporarily switched from provider to client for technical stewardship services to qualify for infrastructure conditions. The concept of a contractor switching roles from provider to client and back to provider is quite intriguing and serves a specific purpose in managing conflicts of interest, ensuring transparency, community safety, property rights, run-with-the-land deed restrictions, common interest property laws, public hearings, tax assessment property dependencies, and journal property records. 

Corporate outsourced business contracts use the variations of the ten phases. Corporate management will not accept an outsourced provider contract unless management knows the contractor has the products or services the company needs and that the contractor can deliver on the contract terms. The request and proposal phases have the same goal as the stewardship and corporate contracts in qualifying the deliverable. The financial model is different. In the corporate contract, the parties can negotiate on the qualification cost. In the stewardship model, the contractor must pay the qualification cost. Corporate management has authority over corporate finances. In the stewardship model, the general fund belongs to the taxpayers. County officials and leadership are bound by laws on the general fund’s use by constraints prohibiting conflict of interest concerns. 

Stewardship rule. Before government officials can approve in-source services work expenses for any subdivision offer,  the outsourced provider for the surveyed property must be qualified as the recorded owner without legal restrictions or other pre-existing conditions prohibiting the subdivision to the government.