Finger pushing
weather icon 52°F


EDITORIAL: Keep Colorado’s public business public

A statewide ballot initiative to augment Colorado’s constitutional Bill of Rights would overturn a 2024 law passed by the legislature to hide some of its key deliberations from public view. 

Arguably, that would be reason enough to embrace the pending proposal to voters next fall.

The citizens initiative in fact would go a lot further. It would embed in the Colorado Constitution a new section saying, “the fundamental right of the public to know the affairs of all levels of state and local government shall apply to all public records and public meetings.” 

It’s pretty sweeping — and fully warranted.

It states any local ordinance, rule, regulation, charter or statute that conflicts with the new section is declared inapplicable — meaning, just for starters, the measure likely would nullify the legislature’s controversial 2024 handiwork.

That’s overdue. Too many state and local government officials and entities have have erected barriers, in one way or another, to public access to meetings and records.

The ballot proposal would serve as both a stern warning and, very likely, a needed legal tripwire for Colorado’s elected and appointed public officials, reminding them to keep public meetings and records open and accessible to the citizens of our state.

As a practical matter, it would underscore and reinforce the public’s right to inspect government documents or attend government meetings — the State Capitol, city hall, your school board or any other public body or agency.

It also would serve as a hedge for the press and the rest of the public against a future Colorado governor, legislature and/or judge attempting to limit transparency for Coloradans.

The alliance supporting the initiative — which brings together groups that don’t often align, such as the Independence Institute and the American Civil Liberties Union of Colorado — notes at least nine other states have enacted similar constitutional clauses. 

The measure wouldn’t supplant current state laws on public records and accessing public meetings; it would reinforce open-records and open-meetings laws by adding constitutional clout. So, it could become instrumental in a court challenge.

Consider it a trip wire for any overzealous politicians interested in abusing their power.

The initiative was formally filed last Friday by the leaders of the Independence Institute and the League of Women Voters of Colorado. The alliance supporting the measure also includes Colorado Common Cause, the Colorado Broadcasters Association and the Colorado Press Association.

The ballot measure must first go through a “review and comment” hearing with the staff of the Colorado General Assembly’s Legislative Council, after which it heads to the state Title Board.

As for enforcing the measure, sanctions would include at least $1,000 civil penalties per offense for any public official, officer, employee or agent of government who knowingly violates the provisions.

In an email last week, Independence Institute President Jon Caldara — a Gazette columnist and one of the ballot measure’s official proponents, along with Beth Hendrix of the League of Women Voters of Colorado — said Colorado’s governments “are increasingly acting in secret, behind closed doors, away from the scrutiny of citizens and the media alike.”

It’s time to make the public’s business public again.


PREV

PREVIOUS

Victims of the drug trade

Two months ago, I crossed two milestones. It was 25 years since graduating the Drug Enforcement Administration (DEA) Academy. It was also the same day I turned 50. When I applied to DEA, I was still living in my New Jersey hometown and thought the furthest I’d ever go might be Philadelphia, maybe Maryland. I […]


Welcome Back.

Streak: 9 days i

Stories you've missed since your last login:

Stories you've saved for later:

Recommended stories based on your interests:

Edit my interests