A review and comment hearing on proposed Initiative #286 — which would amend the Colorado Constitution to establish a fundamental right of access to public proceedings and records, and impose a civil penalty of at least $1,000 per knowing violation on state or local governments — produced no votes but surfaced unresolved legal questions about individual vs. entity liability, sovereign immunity, and the proper party for enforcement suits.
John Caldera argued that paragraph two of the stated purposes 'seems to indicate there's only one situation in which information can be withheld or the affairs of government to be protected' and stated 'that's not the case,' indicating disagreement with how the staff memorandum characterized the scope of permissible withholding under the initiative.
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“The purpose of the statutory requirement of the directors of Legislative council staff and the Office of Legislative Legal Services is to provide comments and questions intended to aid designated representatives and the proponents they represent in determining the language of their proposal and to avail the public of the contents of the proposal.”
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Sign in to subscribeI will call to order the review and comment hearing for proposed Initiative 2526, number 286, concerning the right to access public proceedings and records. I will have everybody in the room go around and introduce themselves. My name is Julia Jackson with Legislative Council staff. Rebecca Bayetti with the Office of Legislative Legal Services. John Caldera, proponent. Shane Madsen, counsel for proponents. Beth Hendricks, proponent. Thanks so much. Section 140, 105.1, Colorado Revised Statutes requires to initiative. I did. Oh, we did. Sorry. So sorry. Requires the directors of the legislative council staff and the office of Legislative Legal Services to quote, review and comment on initiative petitions for proposed laws and amendments to the Colorado Constitution. We hereby submit our comments and questions to you regarding the appended proposed initiative which is before you in this memo. The purpose of the statutory requirement of the directors of Legislative council staff and the Office of Legislative Legal Services is to provide comments and questions intended to aid designated representatives and the proponents they represent in determining the language of their proposal and to avail the public of the contents of the proposal. Our first objective is to be sure…
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