Mount Virtus

Update IV, 5:15 PM: For the record and for the sake of full disclosure — yes, the information related to open negotiations that I have requested from Jeffco Public Schools has been done in my professional capacity as a senior policy analyst for the Independence Institute. My personal and professional opinions happen to be in very close harmony on this issue. And both versions of the recording — the low-quality one I deleted and the higher-quality one linked just below — came from a concerned citizen who attended and recorded the public meeting. Thankfully, because the district’s recording of the relevant part of the meeting was not posted due to the aforementioned “system error.”

Update III, 3:40 PM: I have obtained a better 5-minute recording of the Jeffco Board’s discussion and vote. The previous recording has been deleted.

Update II, 3:20 PM: Welcome, Complete Colorado readers:

Update, 2 PM: I received an official response from Jeffco’s communications office about the significance of Thursday’s 2-2 vote: “In answer to your question about the board vote last week on opening/closing negotiations, the 2-2 vote taken by the board has left the bargaining team uncertain as to the wishes of the board majority. Therefore, until the bargaining team receives direction from a majority of the board, scheduled negotiations sessions have been cancelled.” Also, someone has shared a recording of the relevant 5 minutes of last Thursday’s Board meeting. You may find it difficult to hear, but it’s the best I have in lieu of an official recording.

The controversies over government collective bargaining transparency in Colorado are starting to pile up. Last week I brought your attention to the unsuccessful effort of Aurora citizens to open up the city’s police and fire union negotiations. The big story has been from Colorado Springs, as transparency won a partial victory after a citizen lawsuit forced one bargaining session to be open for public observation.

Now the issue has come to life in my own backyard. By all appearances, Jeffco Public Schools officials are doing their best to keep negotiations with the Jefferson County Education Association (JCEA) teachers union out of the light of day. Article 5-3-5 of the existing bargaining agreement says:

Negotiations shall be conducted in open sessions, unless both parties agree to the contrary.

On April 11 at a meeting of the Jefferson County Republican Men’s Club — after praising the district for its exemplary efforts at financial transparency — I asked featured speakers Jeffco superintendent Cindy Stevenson and JCEA president Kerrie Dallman whether any of their negotiations would be open to public observation. Stevenson deferred to Dallman, who declared that the parties had decided all negotiations would be closed. But who exactly made the decision, and how? Following up with district officials, the closest thing to a clear answer I received was that the Board of Education “meets in executive session to confidentially give direction to and receive reports from its negotiating team.”

So the school board — and certainly not all members of the school board — meet in private to instruct one group of paid district employees to close their negotiations with another group of paid district employees? It may be legal, but it doesn’t seem like the best policy to me. (more…)

In a time when a large fiscally conservative grassroots movement like the Tea Parties have developed a strong voice, we shouldn’t be surprised to see calls for greater transparency in government operations. Not only when it comes to the fiscal ledger (“if you can’t defend it, don’t spend it”), but also when it comes to those union negotiations that drive so much of government spending. Should any government contract negotiations be done behind closed doors? Why should unions be treated any differently?

In Colorado Springs a citizen lawsuit has pressured one of the state’s largest school districts to concede to opening up one teachers union bargaining session to public observation. (Decisions on future sessions pending… most likely on the effectiveness of outside public pressure.) To its credit, the Gazette has brought attention to the story to contribute to the public conversation. Even better, inquiring minds want to know: Did one of its reporters attend Friday’s session? Was there anything to report?

Meanwhile, another local grassroots effort to bring about open government union negotiations has occurred more or less under the radar. On March 3 Citizens for Responsible Aurora Government (CRAG) formally requested that the municipal government for Colorado’s third largest city provide taxpaying citizens access to observe bargaining sessions with local police and fire unions. Transparency seems like the backbone for good public policy, right? Well, in a March 23 YourHub article, CRAG spokesman Jim Frye acknowledged that the Aurora city attorney’s denial “was disappointing though not entirely surprising.” (more…)

This little tidbit I uncovered either shatters the grand Colorado Democracy Alliance (CoDA) conspiracy theory or proves it to be even more convoluted and diabolical than previously imagined. But court documents show two of the Alliance’s core groups — sue-happy Colorado Ethics Watch (CEW) and the Colorado Education Association (CEA), the state’s largest teachers union — on opposite ends of a state supreme court case regarding elections law.

Back in 2008 CEW filed suit against a couple of Republican 527 groups (Senate Majority Fund LLC and Colorado Leadership Fund LLC) claiming that they had overstepped the bounds of campaign finance law by participating in “express advocacy” of state legislative candidates. The administrative law judge ruled against the plaintiffs, and CEW lost on appeal as well. Now the case is headed to the state’s highest court.

CEW’s argument is so absurd based on legal precedent that, well, even CEA has filed an amicus brief defending the Republican groups (so has the Colorado Bar Association, but it’s not as intriguing as the teachers union chiming in). CEA attorney Mark Grueskin summarizes the argument before the Colorado Supreme Court as follows: (more…)

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