Eviction notice hangs on the door of Davis Mortuary

Celeste Springer

UPDATE: Following the publication of this article, it was announced that the coroner has resigned. His resignation means that there will now be no need for a recall election.

PUEBLO COUNTY, Colo. (KRDO) — A notice of eviction was posted on the doors of Davis Mortuary on Aug. 28. Pueblo County Clerk’s Office says a recall election for Coroner Brian Cotter could cost taxpayers upwards of $480,200.

The clerk’s office says residents have submitted a Notice of Intent to circulate a recall petition to oust Cotter from office. He recently came under fire after 24 bodies were allegedly found in various states of decay in a hidden room of his privately-owned mortuary.

READ MORE: Pueblo County Coroner accused of hiding bodies in secret room at his privately-owned funeral home

Last week, the sheriff’s office said no single public official could remove him from office, based on current Colorado statutes.

In a press conference on Thursday, August 22, Governor Jared Polis said there needed to be reform.

“We can agree, it needs to be reformed after this, the way that you remove a coroner from office that is subject to criminal investigation, unable to do their job. Currently, there is a petition and recall process, costly, time-wise money-wise. There needs to be some way where, in conjunction with the commissioners, the state, the governor, can act when needed to make sure that you have continuity of services for a very basic function that people rely on, during life events,” stated Gov. Polis.

KRDO13 asked the governor where he is in that process. As of Thursday afternoon, his office is working on a response. 

“By the facts that have already been stated, why would someone still be in office?” questioned Peggy Gallegos.

Gallegos is one of hundreds of past Davis Mortuary customers wondering why Brian Cotter is still in his position, and if he’s getting paid. 

“There’s no vehicle by which to remove him or her from office,” Gallegos continued, “Perhaps, you know, our other elected officials can figure that out and determine what criteria needs to take place to actually have that removal happen. Because what if he never resigns?”

On Thursday, Pueblo County confirmed to KRDO13 that Cotter is still on the county payroll. Pueblo County annual salaries show that the county coroner is raking in $131,700 a year.

Pueblo County Commissioners renewed their calls for Cotter to resign in a Board of County Commissioners meeting Thursday.

KRDO13 knocked on Brian Cotter’s door Thursday to ask if he plans to resign. Cotter did not answer the door. We also reached out to his attorney. As of Thursday afternoon, we have yet to get a response.

From here, the recall petition will need to go through a vetting process to ensure it adheres to the law.

If everything checks out, the county says petitioners will have 60 days to collect valid signatures from registered Pueblo County voters. The number of signatures required varies, but in this case, the county says they will need 16,431 verified signatures.

If all the signatures are verified, Cotter does not resign, and the recall election goes through, the county tells KRDO13 the money would come from the county’s general budget.

Statement from Governor Polis:

“I continue to call on Mr. Cotter to do the right thing, save time and taxpayer money, and resign from the Pueblo County Coroner’s office. By refusing to take responsibility for his actions, Mr. Cotter is forcing Pueblo taxpayers to waste money on this recall and delaying families from mourning their loved ones. I look forward to conversations on how we can update our laws to prevent a lapse of services for residents when elected coroners cannot fulfill their duties.”

To read more on the recall process, click here.

To read all of our reports on this case, head here.

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