Castle Rock's Town Council has approved an independent examiner to investigate misconduct allegations against Councilmember Mark Davis, moving the monthslong dispute over his conduct into a formal fact-finding phase. The council appointed Wynetta Massey, a former Colorado Springs city attorney, as the independent hearing examiner tasked with determining whether Davis violated the town's code of conduct.
Massey spent 11 years as Colorado Springs' city attorney and helped create that city's ethics commission, according to seed facts underlying reporting by the Denver Gazette. Her appointment follows a formal complaint from David Miles, a Castle Rock resident and Design Review Board member, who alleges Davis tried to trade a town policy decision for Miles dropping a recall effort against him. Under the town code, the council is required to appoint an independent hearing examiner once a formal complaint like Miles's is filed, and that examiner's job is to determine whether a code of conduct violation actually occurred.
Miles and two other petitioners are seeking to recall Davis, who represents District 4, was elected in 2024 and has a term running through 2028, according to CBS News Colorado. Miles has said the recall effort centers on Davis's positions on downtown Castle Rock growth and development, a fight that has simmered around the town's Design Review Board, created in 2010 to review downtown development proposals. For qualifying applications involving less than 10,000 square feet of new development, that board serves as the final decision-making authority, subject to appeal, per the Denver Gazette's earlier reporting.
The Alleged Text Message At The Center Of The Complaint
According to the complaint, Davis sought to eliminate the Design Review Board altogether, then sent Miles a text offering to stop that effort if Miles withdrew the recall. CBS News Colorado reported the alleged message read, “I'll drop getting rid of the DRB if you pull the recall.” Miles has characterized that message as an attempt to exchange an official policy position for withdrawal of a lawful political action, telling the station, “the texts constitute quid pro quo, a major ethics violation.”
Miles also said plainly, “that is quid pro quo,” per the same CBS account. He filed a formal complaint with the Castle Rock Town Council on Sept. 2 calling for an investigation into Davis, and that complaint requested immediate preservation of evidence along with an independent investigation into communications connecting official town action to efforts to stop the recall, according to Denver7. Separately, Davis is accused of contacting the father of another recall organizer about development matters and possible withdrawal of the recall, asking the father to ask his son whether he wanted to pull out. Davis has been quoted saying, “I don't mind playing hardball … it goes with the job.”
Davis did not directly address the quid pro quo allegations during the August council meeting, Denver's KOAA reported. He has since declined an interview request about the matter. Denver7 reported that a town spokesperson said Councilmember Davis appreciates the opportunity but has declined an interview.
Two Failed Censure Votes Before The Investigation
Before the council moved to appoint an outside examiner, members twice tried and failed to censure Davis. A first motion failed 3 to 4, with Ryan Hollingshead, Kevin Bracken and Jason Gray voting in favor while Davis, Max Brooks, Tim Dietz and Mayor Pro Tem Laura Cavey voted against, the Denver Gazette reported in August. After Davis recused himself from a later vote, the censure motion was reported by KOAA as failing 3-3.
Brooks said the town code established a clear process for handling formal complaints and argued that motions to impose penalties are appropriate only after that process is completed. Dietz echoed that reasoning, saying an independent investigation would provide the council with valuable information, and later remarking, “now we see due process is actually happening.” The town code requires a two-thirds vote of the council to impose penalties once a violation is found, and those penalties can range from a verbal admonition or written reprimand to censure or a fine.
A Separate Fight Over A Different Councilmember
The censure debate also spilled into accusations involving a different councilmember. Dietz criticized Gray for supporting the August censure effort against Davis, saying Gray, Hollingshead and Bracken effectively “convicted, tried and sentenced” Davis before any investigation took place. Cavey went further, alleging that Bracken had been asked to step down as mayor pro tem in late 2023 and claiming he attended meetings while impaired by alcohol and sometimes fell asleep at the dais during that period.
Cavey also accused Bracken of starting an altercation with another board member while intoxicated in late 2025, and alleged that officials allowed him to resign quietly at the time to protect Castle Rock from a public scandal. She accused Gray of applying a double standard by supporting Davis's censure while backing Bracken's reinstatement, saying, “it clearly demonstrates Mayor Gray's double standard: rules for thee, but not for me.”
Bracken has denied the allegations, telling critics, “don't lie about me.” He said he was prescribed painkillers for a severe injury during the period in question and maintained that he stepped down because of responsibilities outside the council, not for the reasons Cavey described.
What Happens Next With The Recall And Investigation
Under Castle Rock's resident initiative rules, a recall petition must be initiated by three to five registered town electors and requires signatures equal to 25 percent of the total vote cast in the previous election for that office, according to the town's own guidance posted at crgov.com. The petition is due within 30 days of the recall form's approval, and if it qualifies, the Town Council must send it to the ballot for a vote of the electors. CBS News Colorado reported that organizers planned to fold the text messages into the recall petition and had 30 days to collect 1,360 signatures.
With Massey now appointed to examine whether Davis violated the town's code of conduct, Castle Rock's council has shifted the dispute from political votes on the dais to a formal, independent review. The examiner's findings will determine whether the council has grounds to consider penalties against Davis under the two-thirds-vote standard already in place.
