Colorado School Board Open Meetings, Proposition 104 (2014)

From Ballotpedia
Jump to: navigation, search


Proposition 104
Flag of Colorado.png
Click here for the latest news on U.S. ballot measures
Quick stats
Type:Initiated state statute
Referred by:Citizens
Topic:Government accountability
Status:On the ballot
2014 measures
Seal of Colorado.svg.png
November 4
Amendment 67
Amendment 68
Proposition 104
Proposition 105
Full text
Polls
Local measures

A Colorado School Board Open Meetings Initiative, Proposition 104 is on the November 4, 2014 ballot in Colorado as an initiated state statute. The measure, if approved, would require meetings of the members of a board of education of a school district during which collective bargaining negotiations or employment contract negotiations take place are meetings open to the public.[1][2]

Text of measure

Ballot title

The official ballot question reads as follows:[3]

Shall there be a change to the Colorado Revised Statutes requiring any meeting of a board of education, or any meeting between any representative of a school district and any representative of employees, at which a collective bargaining agreement is discussed to be open to the public?

[4]

Full initiative text

The full text of the measure reads as follows:[5]

Be it Enacted by the People of the State of Colorado:
SECTION 1. 24-6-402 (1) (a) and (4) (e), Colorado Revised Statutes, are amended to read:
24-6-402. Meetings - open to public. (1) For the purposes of this section:
(a) (I) "Local public body" means any board, committee, commission, authority, or other advisory, policy-making, rule-making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body.
(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (A), IN ORDER TO ASSURE SCHOOL BOARD TRANSPARENCY "LOCAL PUBLIC BODY" SHALL INCLUDE MEMBERS OF A BOARD OF EDUCATION, SCHOOL ADMINISTRATION PERSONNEL, OR A COMBINATION THEREOF WHO ARE INVOLVED IN A MEETING WITH A REPRESENTATIVE OF EMPLOYEES AT WHICH A COLLECTIVE BARGAINING AGREEMENT IS DISCUSSED.
(4) The members of a local public body subject to this part 4, upon the announcement by the local public body to the public of the topic for discussion in the executive session, including specific citation to the provision of this subsection (4) authorizing the body to meet in an executive session and identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, and the affirmative vote of two-thirds of the quorum present, after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action, except the review, approval, and amendment of the minutes of an executive session recorded pursuant to subparagraph (II) of paragraph (d.5) of subsection (2) of this section, shall occur at any executive session that is not open to the public:
(e) (I) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.
(II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (E) SHALL NOT APPLY TO A MEETING OF THE MEMBERS OF A BOARD OF EDUCATION OF A SCHOOL DISTRICT:
(A) DURING WHICH NEGOTIATIONS RELATING TO COLLECTIVE BARGAINING, AS DEFINED IN SECTION 8-3-104 (3), C.R.S., ARE DISCUSSED; OR
(B) DURING WHICH NEGOTIATIONS FOR EMPLOYMENT CONTRACTS, OTHER THAN NEGOTIATIONS FOR AN INDIVIDUAL EMPLOYEE'S CONTRACT, ARE DISCUSSED.
SECTION 2. 22-32-109.4, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
22-32-109.4. "Colorado School Collective Bargaining Agreement Sunshine Act" - board of education - specific duties. (4) ANY MEETING OF A BOARD OF EDUCATION AT WHICH A COLLECTIVE BARGAINING AGREEMENT IS DISCUSSED SHALL BE OPEN TO THE PUBLIC AND ANY NOTICE REQUIRED BY SECTION 24-6-403(2) (C), C.R.S., SHALL BE GIVEN PRIOR TO THE MEETING.

[4]

Support

  • Sunshine on Government
  • Jon Caldara, primary proponent[6]
  • Mike Krause, second proponent[6]

Both Caldara and Krause are employed by Independence Institute, which describes itself as a think tank that puts their "ideas into action through groundbreaking litigation, activist training, work on ballot initiatives, new media and investigative reporting." Caldara is the President of the organization and Krause is the Vice President of Operations.[7][8][9]

Caldara and Krause are also proponents for Colorado Right to Bear Arms Amendment (2014).

Opposition

  • Local Schools, Local Choices

Path to the ballot

See also: Laws governing the initiative process in Colorado

Supporters needed to gather 86,105 valid signatures by Monday, August 4 at 3:00 PM for the measure to appear on the ballot. Supporters submitted 127,328 signatures for this initiative on August 1, 2014.[10][11] The measure was certified for the ballot on August 13, 2014.[12]

See also

BallotpediaAvatar bigger.png
Suggest a link

External links

Additional reading

References