Claudette Konola
 
Maybe Colorado’s legislative sessions, committee meetings and hearings are only observed by policy wonks, political junkies and reporters. But that doesn’t mean that the Sunshine Laws that require public access to the sausage making in the capital aren’t important. If democracy is truly of the people, the people need to know that their representatives are doing the people’s work. Nobody, other than the legislators themselves, has the time to monitor each and every meeting as they occur, but that doesn’t mean that those meetings shouldn’t be open to review by we the people.

I recently wrote about how Craig Meis met with officials of other counties in a closed door meeting in Vernal, Utah. I’m not an attorney, so I don’t know if that meeting was an actual violation of the law, but I know for sure that it was a violation of the intent of the law. What came out of that meeting was a document that was filled with industry talking points, many of which blurred the reality of oil shale development in Colorado. Without any expert testimony or real public hearings this resolution has been rammed through county commissioner meetings.

Evidently flaunting of Colorado’s Sunshine laws has infected more than county commissioners. Under the Gold Dome, a newsletter that daily summarizes goings on in the capital while the legislature is in session had this to say about the recently passed budget:

“THE JOINT BUDGET COMMITTEE MET SECRETLY in the Senate minority leader’s office with other high-level officials, including a member of Hickenlooper’s cabinet, in another apparent violation this session of the state’s Open Meeting Law. The secret meetings, which are typically revealed via the short-messaging service Twitter, appear to be used to hash out partisan differences behind closed doors. The Denver Post’s Tim Hoover (@timhoover) broke the news of Wednesday’s apparent violation, sending this Tweet, “Found JBC in closed-door meeting in Senate Minority Leader Bill Cadman’s office. I walked in as they were wrapping up. #coleg#copolitics.” Other Capitol reporters sent Tweets revealing the legislators’ conduct. Megan Verlee sent this Tweet, “While we were all in hearings, @timhoover caught legislative leadershp, JBC, and gov’s budget chief in private mtg #coleg”

I have written before about democracy needing at least a two party system so that when laws are passed all aspects of impacts are considered. Clearly a multi-party system would be superior to a single point of view based in ideology. The more eyes looking at a problem, the more accurate the understanding, and the more viable the solution will be.

Another important aspect to democracy is an informed public. Jefferson, currently being dismissed by far right extremists, but nevertheless one of the authors of our constitution, was so passionate about being informed that he personally owned the largest library in the New World. Madison had this to say, “A popular government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy, or, perhaps, both. Knowledge will forever govern ignorance; and a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”

The founding fathers were so concerned about citizens being informed that they mandated the printing of both the laws coming out of congress and the details of the proceedings creating those laws as early as 1789. Colorado went even further and passed laws mandating that any meeting of two or more public officials, that was not a casual social encounter, be open to the public. This law does two things: keeps the public informed and keeps the politicians honest.

Shame on you Joint Budget Committee for violating the sacred trust of we the people. It may be that you want to provide cover for some elected officials who will face their constituents in the voting booth this fall, but that is not your job. Your job is to inform the people of Colorado about how you are conducting the people’s business. Sunshine Laws were passed to do away with the tradition of smoke filled backroom deals; you have violated our trust by ignoring them.

Homework

Colorado Sunshine Laws
 
 
Yesterday Governor Hickenlooper presented a budget totaling $7.2 billion to operate Colorado for the next fiscal year. When delivering his budget, Hickenlooper noted that Colorado families were struggling to keep their checkbooks in balance, and the state was no different. “As any family or business knows, the checkbook must be balanced and we can only spend the money we have.” This budget is balanced, primarily by $395 million in spending cuts in the General Fund.

The Governor laid out a three step approach to managing this and future budgets. The first step is to balance the budget. Step two is to effectively utilize existing resources. Toward that end the budget recommends eliminating some programs and “repurposing” some state parks—most of which are on the Western Slope. Step three is better planning so that there are not annual budget short-falls. That’s where an increased reserve comes in.

Balancing the budget is no easy task, as high unemployment has reduced revenues and increasing enrollment in Medicaid, as one example, is increasing mandatory expenses. For the past few years the federal government has filled some of the gap between revenues and expenses in Colorado, but that will not be the case in the future as the federal government looks to reducing its own spending.

Compounding the problems with balancing a budget are conflicting segments of the Colorado constitution that restrict revenue increases while directing specific spending to K-12 education, at the expense of higher education. As a result the state now funds 63% of K-12 spending, where local governments previously funded a majority of this expense. Continued backfilling by the state of local education expenses is not sustainable, and increasing fees for higher education is making it unaffordable to some Coloradans. Nevertheless, the governor shied away from recommending any increase in taxes to support education. A panel on higher education recommended tax hikes in support of education, but the governor is of the opinion that the taxpayer is not ready to support that strategy.

He does, however, plan to increase spending by about $18-million to promote Colorado’s “natural advantages” in order to enhance the possibility of a “sustained economic recovery.” The idea is to use the money to promote Colorado, especially tourism, in order to increase employment and thus state revenues. Given an increased focus on tourism, it is odd to see the governor recommending the “repurposing” of the Bonny Lake State Park, Sweitzer Lake State Park, Harvey Gap State Park and Paonia State Park into hunting or hiking lands.

The single largest portion of the General fund is allocated to K-12 education, with 41% of total allocations, or almost $3-billion. Health and Human Services is second, with 31%, or $2.3-billion. Judicial, Public Safety, and Corrections are at 14.8%, or a little over $1-billion. Colleges and Universities get 8.6%, or a little more than $600-million.

One of the notable changes is fully funding a 4% reserve for emergencies. This reserve had fallen to 2% in recent budgets, as part of the balancing act. Hickenlooper believes the higher level is more prudent so the state can better absorb negative changes in revenues and increases in caseloads.

And if all of this makes your head spin, a new forecast of revenue will be available around March 20, which will necessitate going through the balancing process all over again.

Homework

Hickenlooper Budget

Hickenlooper's Cover Letter to the JBC

December 2010 Revenue Forecast

Denver Post Story About Hickenlooper Budget

Bonny Lake State Park

Sweitzer Lake Stae Park

Harvey Gap State Park

Paonia State Park
 
 
There is an old adage that headlines sell newspapers. I couldn’t help but see a bit of that at work when Governor Ritter issued his amended budget, as he is required—by law—to do at this time of year.

The Governor needed to find $60-million in spending cuts or revenue increases in order to balance the budget. The Denver Post painted the image of Ritter turning to medical marijuana—were they implying he had to be stoned in order to make the cuts he made? One of them was actually quite intriguing: no new clothes or cash for inmates leaving prison. What? We have a stoned Governor who is turning out naked prisoners? They should be easy to recognize.

With all the sensational headlines, the point that was missed was that Colorado DOES have to balance its budget each and every year. When the budget gets balanced, the governor looks in every nook and cranny for money that can be used to fill gaps in necessary services or for services that can be cut.

The biggest story, in my mind, is how important the oil and gas industry is to Colorado’s budget. Severance taxes and lease revenue from the extractive industries were moved out of cash accounts (money ear-marked for specific purposes) and into the Colorado operating budget. That’s a little like robbing Peter to pay Paul. Eventually those funds will need to go back into the cash accounts. Moving the money into the operating budget means that grants that should have gone to local governments to shore up their budgets were suspended. Some of those suspended grants were supposed to go to communities who face new expenses associated with oil and gas activities.

Another big story, in my mind, is how our Secretary of State ran his office so efficiently that some of the money that the legislature gave to him wasn’t needed, so it returned to the operating budget to shore up other departments. (Elect Bernie Buescher)

Another story is that state employees will continue to take cuts in pay and face forced days off without pay in order to balance the budget.

Things could have been a lot worse. The state’s Medicare budget got shored up by federal money and income tax revenues are up, as some Coloradans are returning to work.

Homework:

Ritter Turns to Medical Marijuana to Balance Budget

Pot Fees Helping Budget

Pot Issue Heading for Vote

Reefer Madness

Energy Revenue to Fill Gap in Budget

Ritter Slices State Budget