Photo: From left: Veronica Medina, Rachel Suh, and Todd Weaver at the August 24, 2024, presentation about the petition to recall Commissioner Medina.
When discussing the ‘Conflict of Interest’ complaint now under investigation by the Colorado Independent Ethic Committee, Commissioner Medina wrote on Nextdoor (an online community forum), “I asked the County Attorney before the decision was made and he ran through the questions to verify if I had a conflict of interest, and he determined I didn’t.”
How was it determined by Weaver that Medina had no conflict of interest?
It’s not clear how Attorney Weaver determined that Commissioner Medina did not have a conflict of interest and thus encouraged to possibly continue breaking multiple laws related to this conflict over the past several months by Attorney Weaver. Mr. Weaver is currently out of office on personal leave at the same time the BOCC has delayed approving his employment contract, and will “hopefully” return in the new year, according to Commissioner Medina.
However, in the August 24 meeting, Attorney Weaver was representing Commissioner Medina as the County Attorney during the effort to recall her and was explicitly questioned about what law he was referencing that stated Medina was not an Agent of Exit Realty. Weaver did not respond with a specific law.
There are, however, specific laws that state she is, in fact, an agent of Exit Realty.
When confronted with the law, Ms. Medina claimed she was “Independent”, she continued to state this privately to individuals in the community, in online forums, as well as in public meetings, confusing the public by conflating her possible 1099 “Independent Contractor” employment status with Exit Realty and her level of licensure that she has received from the State, which oversees professional licenses under the Department of Regulatory Agencies (DORA).
“Real Estate Agents have no authority to speak or act on behalf of the company that the agent hangs their license. Real estate agents are independent contractors,” Ms. Medina wrote on the Nextdoor App, in response to a constituent telling her she was acting as an Agent for Exit Realty. She also stated she is an Independent Broker at an August 24 public meeting, which immediately led to a full discussion about how she is conflating her 1099 contract with her licensure level as a broker.
Ms. Medina is not an Independent Broker and is specifically employed by and given authority to speak on behalf of the company that employs her. The IEC understands Ms. Medina’s role as an Agent for Exit Realty is regulated by DORA and that, in fact, the Rules Regarding Real Estate Brokers are very explicit on the duties of an agent.
What is DORA’s Definition of Agent?
There are three levels of licensure granted by the state of Colorado to Real Estate Brokers. An Independent Broker works for themselves and does not employ any other agents.
An Employing Broker employs and is responsible for the agents that work under them, and can designate an agent to represent them to buyers or sellers or both to prepare and execute contracts. The contracts are overseen by the Employing Broker. The Employing Brokers of Exit Realty are Jessica Low, Owner and Managing and Responsible Broker, and Shelley Low, licensed as an Employing Broker and listed as an Owner.
An Associate Broker is an employed agent under supervision of an Employing Broker, who takes responsibility for any actions the Associate Broker takes during a real estate transaction. Commissioner Medina is licensed under Exit Realty as an Associate Broker. Attorney Weaver has supported her position that she is not an Associate Broker and is an “Independent” as a Broker.
This is now before the IEC to decide.
Unfortunately for Ms. Medina, misrepresenting her relationship with Exit Realty and her level of licensure by the state could also find her in trouble with DORA, who has specific rules regarding brokers and their ethical behavior as well. While no complaints have been filed against the real estate licenses for either Ms. Medina or her employing brokers at the time of publication, it is entirely possible that may happen in the future. According to Rule 6.1.C, “Associate Brokers must not present or hold themselves out to the public as an Employing Broker or Independent Broker.” Further, rule 6.1.D also states that “an Employing Broker must not knowingly permit Associate Brokers to present or hold themselves out to the public as an Employing Broker or Independent Broker.”
The ethics issues that have arisen for Archuleta County Public Officials will continue into 2025 as the IEC reviews Medina’s response to the complaint, but it would benefit the community if they adopted a “New Year, New Me” attitude that is truly based in the County’s Mission Statement of “transparency and accountability.”