An ethics complaint filed by former Planning and Zoning Director Dorothy Carsten garnered the attention of the Colorado Independent Ethics Commission last month, when the commission voted to initiate an investigation into Custer County Commissioner Bill Canda.
Carsten asked the commission to investigate at least six instances in which Commissioner Bill Canda may have used the Custer County Tax Exempt Certificate to purchase hardware and supplies for the private septic business he owns. In 2008, Canda started Talon Earthworks, Inc., a small excavation and septic business. Commissioner Canda served in the United States Air Force for several decades and, upon retiring, returned to his hometown of Westcliffe and the family Canda Ranch, located south of town.
Local governments are not required to pay sales tax for goods they purchase to serve their citizens. However, this exemption does not apply to public officials buying goods for their personal use. Carsten pointed out a specific instance of Commissioner Canda calling her to get the Countyâs certificate. âOn July 25, 2024, at 5:02 p.m., Commissioner Bill Canda contacted me and requested that I send him the County Tax Exempt Certificate. He stated that he needed the actual certificate to purchase septic materials in Fremont County. I asked him to clarify that he needed the Tax Exempt Certificate or was he needing a copy of his receipt showing he paid the County Use Tax? He confirmed that he needed the County Tax Exempt Certificate.â
Carsten alerted former County Commissioner Kevin Day, who was in the office with her at the time. Day told Carsten to send the certificate to Canda by email which she did at 5:24 p.m. Carsten, suspecting this was an inappropriate use of the County Tax Exempt Certificate, emailed Human Resources Director Robert Smith. The complaint continues with what happened after she reported the incident to Human Resources. âOn Tuesday, July 30, Commissioner Canda called me and stated that he did not want any misunderstanding about the Tax Exempt Certificate he was using for the Use Tax. I explained that we didnât charge the Use Tax on septic permits since we had not figured out the process when they buy wholesale. There were two occasions that Commissioner Lucas Epp followed up with me to see if Commissioner Canda paid for the permit. A few days before Commissioner Daysâ last day in term I asked him about this incident and he stated the County Attorney Dan Slater did not want to pursue anything at this time.â
The complaint by Carsten was filed on April 28 because she felt she could be also held liable for sending Canda the certificate, âI believe based on the initial conversation with Commissioner Canda that he has made a practice of using the County Tax Exempt Certificate because he stated âthey have always just taken the number but this time they want to see the actual certificate.â If this is the case, he may have used the Tax Exempt Certificate around the following dates. 3/6/2025, 11/18/2024, 6/5/2024, 7/7/2020, 2/28/2019. Commissioner Canda is a septic contractor that installs septic systems. I have been advised that since I sent the certificate to Commissioner Canda I could be liable. It was my hope that the County would deal with this misuse so that I could remove myself from this situation; however, since it has been nearly 10 months and nothing has been addressed, I feel obligated to report this since there may be other types of purchases of this nature.â
After Carsten reported Commissioner Canda to the Custer County Human Resources, Commissioner Canda seems to have become increasingly aggressive towards Carsten in public meetings. By June 11, 2025, the Board of County Commissioners, chaired by Canda, had fired Carsten, claiming that she had broken county rules for the open carry of a firearm on county property (the Tribune is investigating this claim).
The Colorado Ethics Commission will start an investigation, contacting Canda and Carsten to get more details and search for other instances where Canda may have used the County Tax Exempt Certificate. The Ethics Commission is not part of the criminal court system, and its primary role is to investigate instances where government officials use their position for personal gain. They are limited to monetary judgments and have no other authority to punish or remove government officials.
The investigation will take at least six months, and a hearing will be held before the Ethics Commission once the investigation is complete, allowing each side to present its case.
The Tribune reached out to Commissioner Canda for comment and will provide an update to this story if he responds. The full complaint can be read here by clicking on this link.
Jordan Hedberg
