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EDITORIAL: State politicians hellbent on snubbing Coloradans

In another ivory tower snub to Coloradans, legislative Democrats are openly plotting to override Democratic Gov. Jared Polis’ veto of Senate Bill 77 — a measure that fundamentally undermines the state’s open records laws and obstructs the public’s right to know.

This move, driven by a desire to shield politicians and government agencies from accountability, represents a disregard for the principles of transparency and fairness that comprise the bedrock of a government of, by and for the people.

SB 77 would amend the Colorado Open Records Act by increasing the costs of public records requests, extending compliance deadlines, and creating three distinct classes of requesters: mass media, those seeking records for financial gain and everyone else.

The bill would prioritize legacy journalists (including The Gazette’s editorial board) over the public, allowing media outlets faster access to records while delaying responses for others. This tiered system contradicts the principle of equal access to public information and could foster a culture of favoritism within government agencies.

Polis, recognizing these flaws, vetoed the bill Thursday. In his veto message, he emphasized that creating classes of requesters introduces inequality into a system that must remain impartial. He also highlighted the danger of allowing government entities to unilaterally determine whether a request is for financial gain, a subjective criterion that could lead to arbitrary delays and reduced accountability.

Rather than heeding the governor’s egalitarian stand for equity and inclusion, left-wing ideologues, with the support of a few Republicans, are pushing to override his veto — a rare and aggressive move that would force SB 77 into law. An override would be more than a rejection of the governor’s judgment. It would assault a major component of checks and balances that are essential to good governance.

Veto power ensures that legislation has broad support and that potential pitfalls are addressed. By overriding it, the legislators signal more unwillingness to accept dialogue, compromise and common sense. They prefer brute force.

The rationale behind SB 77 is equally troubling. The bill’s sponsors say they need it to address the growing numbers of requests for information — likely one manifestation of an increasingly controlling and intrusive state government.

The solution lies not in erecting barriers but in providing state agencies with the resources and tools to properly manage what belongs to the people. SB 77 does the opposite: it increases costs for average citizens, extends deadlines and introduces subjective criteria that could be abused to delay or deny access.

Transparency advocates and media organizations have criticized the bill for its potential to weaken the Colorado Open Records Act, a law that has long been a cornerstone of accountability. By creating a tiered system for access, SB 77 would place establishment journalists — a group equipped with resources to navigate the system — over those who might lack the means, knowledge and legal representation to exercise their rights. This is not equity; it is elitism, plain and simple.

The push for an override also raises questions about the legislative majority’s priorities. With this bill, leadership appears more interested in shielding government agencies from scrutiny than in representing the interests of constituents.

The fact that SB 77 passed with bipartisan support, including votes from a few Republicans, does not make it good. Bipartisan backing can sometimes reflect political expediency rather than a genuine commitment to the public good. In this case, the bill’s flaws were evident from the start, yet lawmakers chose to prioritize themselves over the public.

Instead of more hurdles for public access, lawmakers should pave the way for it. They could invest in technology to streamline the processing of requests or provide additional staffing to handle backlogs. These solutions would enhance access without compromising the public’s right to know.

The override scheme is particularly concerning considering today’s political climate. Trust in government is fragile, eroded by years of perceived secrecy and inefficiency. Erecting obstacles to public access only deepens this distrust.

Coloradans deserve a government that is open, accountable and responsive to their needs — not one that hides behind bureaucratic delays, favoritism, and winners and losers chosen by authorities.

The Gazette Editorial Board

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