We warned Coloradans that changes to open meetings laws would usher in an era of closed-door secretive gatherings of lawmakers before the legislative session begins to debate legislation and get broad agreement without public scrutiny.
In February we wrote: “If this becomes law, for example, an entire committee could meet a week before the session begins to discuss a hypothetical bill they are likely to hear in the next session, hammer out the details of that bill, and not violate the open meeting laws.”
Lawmakers approved Senate Bill 157 despite our concerns.
Now, a few short months later, we have the first example of abuse.
Colorado Democrats met in two separate meetings last week – one for the House and one for the Senate – to talk about deeper property tax cut legislation that could supersede legislation from the 2024 session that attempted to curb the effects of Colorado’s out-of-control housing inflation.
Were issues voted on? Were promises made? Were illegal vote swaps arranged?
We don’t know because the meetings were closed to the public under Senate Bill 157 which now allows lawmakers to gather formally before legislative session to discuss future bills.
The hypothetical legislation in question would be brought forward in a potential special session called by Gov. Jared Polis in the coming days.
If we are giving Speaker of the House Julie McCluskie the benefit of the doubt, the meeting – which was held remotely using a video meeting service and that several journalists unsuccessfully attempted to join – was merely to figure out the logistics of who would be available for such a special session and not to figure out who would vote yes on a detailed package to further reduce property tax increases.
However, a few days later, a nearly complete and thoroughly analyzed plan to adjust the law to bring another $270 million reduction in property taxes statewide was presented to the legislative committee responsible for studying property taxes during the interim. No alternative was discussed.
Colorado’s open meetings law is built on the premise that we shouldn’t have to trust lawmakers not to discuss public policy in private because meetings of a voting quorum will be open and honest. Coloradans approved the open meetings law in 1972, and the first paragraph says: “It is declared to be a matter of statewide concern and the policy of this state that the formation of public policy is public business and may not be conducted in secret.”
The meetings of a quorum of lawmakers discussing public business that occurred last week would have certainly been required to be open to the public under state law. In fact, the Colorado Supreme Court ruled in 1983 that caucus meetings are “de facto” policy-making bodies subject to open meetings law.
But Senate Bill 157 changed that, opening up the floodgates for lawmakers to deliberate about bills before they are considered in public meetings. The practice makes the public meetings a sham – the outcome has been determined, changes made to accommodate secret demands with unknown origin and intent, and any public input and testimony are moot.
If there’s a chance at a compromise that would further salve the sting of skyrocketing property taxes while staving off extreme ballot box proposals, Colorado lawmakers should interrupt their recess and return to a special session in Denver.
But the development of the property tax cut proposal must happen in public, and we fear that a deal has already been reached among lawmakers in private making the special session irrelevant – a public show to make it seem like lawmakers are engaging the public when in reality the majority caucus has already decided.
Public scrutiny is the only way to ensure legislation is drafted with the best interests of Coloradans at heart and not unduly influenced by the political calculations that would take place in a closed-door caucus meeting.
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