Advocacy & Legal
In This Section
Final Statehouse Report summary of all bills of 2019 (April 26).
Twice before, the General Assembly has considered legislation that purported to allow local governments (municipalities and counties) in Colorado the ability to set a minimum wage different than the state minimum wage. Each time, the legislation failed in a split legislature. In 2019, a different outcome is likely.Read Legislative Matters
SOS Business Licensing and Registration Fees Survive TABOR Challenge
October 17, 2019
TABOR sometimes challenges municipal attorneys to define the difference between a “tax” and a “fee” and explain when the adoption or increase of either may require voter approval. A decision rendered by the Colorado Supreme Court on September 23, 2019 sheds new light on changes to fee regimes that actually pre-date the adoption of TABOR.
High Court Rejects Doctors’ Latest Bid to Thwart Investigation of Medical Marijuana Recommendations
November 18, 2019
Earlier this month, the Colorado Supreme Court blocked an attempt to expand the Open Meetings Law (OML) to include meetings of two or more persons in the staff of a public agency. A group of doctors, who had been referred to the State Medical Board due to suspicious patterns of behavior in recommending medical marijuana, sued alleging the Colorado Department of Public Health and Environment (CDPHE) violated the Colorado Open Meetings Law (OML) by having staff create and enforce a policy for medical marijuana referrals. The doctors argued the definition of state public body within OML—which mirrors the definition of local public body—includes staff members when making internal agency policies. The Colorado Supreme Court disagreed with the doctors, articulating the “absurd result” of having all state agency staff—and potentially local government staff—follow the involved OML requirements for routine conversations. Surely, the legislature did not intend such a result.
New in the Courts
Daily Camera Files Suit to Compel CU Boulder Board of Regents to Disclose Finalists in University Presidential Search
October 17, 2019
The Colorado Open Records Act (CORA) and Open Meetings Law (OML) require all public bodies in the state to announce the “finalists” when filling an “executive position.” These laws typically apply to municipal governing bodies when hiring a city manager or town administrator. A recent case arising out of the University of Colorado may affect how municipalities understand and apply these laws.
2019 Laws Enacted is Available