{"id":23219,"date":"2025-03-07T17:59:08","date_gmt":"2025-03-08T00:59:08","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/transparency-advocates-consider-ballot-measure-to-ease-access-to-colorado-government-records\/"},"modified":"2025-03-08T00:59:08","modified_gmt":"2025-03-08T00:59:08","slug":"transparency-advocates-consider-ballot-measure-to-ease-access-to-colorado-government-records","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/transparency-advocates-consider-ballot-measure-to-ease-access-to-colorado-government-records\/","title":{"rendered":"Transparency advocates consider ballot measure to ease access to Colorado government records"},"content":{"rendered":"\n

\"Lobbyists
Lobbyists gather outside of the Colorado Senate chambers on Feb. 10 in Denver. (Jesse Paul\/The Colorado Sun)<\/span><\/figcaption><\/figure>\n<\/p>

Almost a year after Colorado lawmakers frustrated transparency advocates by exempting themselves from parts of the state\u2019s open meetings law, a coalition of residents seeking more access to government records and meetings says it\u2019s drafting a potential ballot initiative to strengthen \u201cthe public\u2019s right to know.\u201d<\/p>\n

The group is calling itself \u201cTeam Transparency,\u201d and it\u2019s been meeting monthly in Denver to talk through proposals to send to voters in 2026.<\/p>\n

It\u2019s also uniting and attracting groups that have found themselves at opposite ends of political issues in the past.<\/p>\n

Jon Caldara of the libertarian-leaning Independence Institute said he\u2019s working to strengthen the transparency laws with other groups he\u2019s had many disagreements with, including the League of Women Voters.<\/p>\n

\u201cWe all want to be able to watch government as it does its work. We want to see what they are doing,\u201d Caldara said last week. \u201cGovernment should be more and more open. It surprised me to find out that Colorado is only one of two states that don\u2019t livestream their committee meetings.\u201d<\/p>\n

Caldara said the group is finalizing a first draft of a constitutional amendment.<\/p>\n

Getting a measure on the ballot isn\u2019t easy. Submitting a ballot initiative to Legislative Council Staff is the first in a string of steps to get a measure on the ballot. Proposals then must be vetted by the state\u2019s Title Board, and then proponents must gather some 125,000 voter signatures to make the ballot. For measures amending the constitution, those signatures must include at least 2% of the total voters in each of Colorado\u2019s 35 state senate districts.<\/p>\n

The earliest a public records measure could be on the ballot is 2026.<\/p>\n

The details of the transparency ballot question are still being worked out. But Jeff Roberts of the Colorado Freedom of Information Coalition said there are lots of ideas.<\/p>\n

They range from tightening the open meetings rules for public officials to capping research fees for public records. The cost of obtaining those records recently jumped to $41.37 per hour.<\/p>\n

\u201cAnd it\u2019s been very difficult to get legislators interested in reforming the way those fees are calculated,\u201d Roberts said at the Capitol last month. \u201cIt has been very difficult to get legislators interested in actually improving access.\u201d<\/p>\n

The group considering a ballot measure to improve public access is also motivated by recent actions lawmakers have taken.<\/p>\n

Last year, the Democratic-led legislature exempted itself from some open meetings rules by passing Senate Bill 157, which ultimately allows lawmakers to have more conversations in private.<\/p>\n

The bill narrowed the definition of public business, lets lawmakers discuss bills and other public business electronically without the communications constituting a public meeting, and meet one-on-one with fewer restrictions.<\/p>\n

The legislature passed the bill at the start of Sunshine Week, an annual nationwide event to celebrate open government and the public\u2019s right to know.<\/p>\n

Roberts said Democratic lawmakers used the loosened transparency rules last fall to block the public from some of their caucus meetings about a special session on property taxes.<\/p>\n

\u201cThere were caucus meetings that everyone, the public and journalists for many decades, have been open to them, and they were actually closed to journalists, some of them,\u201d Roberts said. \u201cAnd so that was something that was sort of new and a little startling.\u201d<\/p>\n

Roberts said pursuing a constitutional amendment next year to strengthen public access would ensure that lawmakers could not pass a bill to undo it.<\/p>\n

Beth Hendrix, the executive director of the League of Women Voters of Colorado, said her group was \u201cdistressed\u201d when lawmakers passed their open meeting exemptions.<\/p>\n

\u201cWe are concerned that some legislators are prioritizing efficiency over transparency, and the voters should always be first,\u201d she said. \u201cThese people are our employees, \u2018our\u2019 being the voters.\u201d<\/p>\n

Many residents also aren\u2019t happy with lawmakers doing more business in private. At a hearing the legislature was required to hold on the impact of their new transparency rules, residents and transparency advocates gave them an earful and asked for a repeal.<\/p>\n

Lawmakers are defending their relaxed transparency rules, saying the old ones stifled candid conversations between them.<\/p>\n

House Speaker Julie McCluskie, D-Dillon, said late last year Democrats were also posting public announcements of their caucus meetings and minutes.<\/p>\n

\"Light
Light filters through the dome of the Colorado State Capitol as the 2022 legislative session opened Jan. 12, 2022, in Denver. (David Zalubowski\/Associated Press file)<\/span><\/figcaption><\/figure>\n<\/p>
Transparency bills debated<\/div>\n

As transparency advocates consider a 2026 ballot measure to strengthen the state\u2019s sunshine laws, there are multiple bills on the topic being debated this month at the statehouse.<\/p>\n

House Bill 1242 would lower the cost of obtaining public records and repeal lawmakers\u2019 open meetings exemptions.<\/p>\n

\u201cIt does breed distrust when you don\u2019t know what your elected officials are saying and doing behind closed doors,\u201d Rep. Lori Garcia Sander, R-Eaton, said of her bill. \u201cOn the other side they\u2019re probably thinking \u2018well, we\u2019ve got to negotiate.\u2019 Well those negotiations can happen in public.\u201d<\/p>\n

But the outlook for Sander\u2019s bill is questionable. As of late last week, it did not have a Democratic sponsor ahead of its first hearing scheduled for Thursday.<\/p>\n

Meanwhile, a different bill that transparency advocates say would make it more difficult for some to get public records is advancing.<\/p>\n

Senate Bill 77 would give governments more time a few extra days to respond to the requests. Cathy Kipp, D-Fort Collins, is the sponsor.<\/p>\n

\u201cThey\u2019re just drowning in (open records) requests and this just provides that little bit of relief,\u201d she said of her bill.<\/p>\n

Kipp\u2019s bill passed the Senate and is now up for debate in the House. For Roberts at the Freedom of Information Coalition, its passage would be another setback, and another potential reason for the ballot measure.<\/p>\n

\u201cThere are already enough obstacles for records requesters, fees being the number one No. 1 obstacle,\u201d he said. \u201cAnd so why are we creating more obstacles?\u201d<\/p>\n

The Colorado Sun is a reader-supported, nonpartisan news organization dedicated to covering Colorado issues. To learn more, go to coloradosun.com.<\/em><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

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