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Home My WebLink AboutR94-168 encouraging citizens to vote against amendment 12i Commissioner . rn.FYnt - moved adoption tion: of the followings ];&solu BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - /(Sr ENCOURAGING THE CITIZENS OF EAGLE COUNTY TO VOTE AGAINST AMENDMENT 12 WHEREAS, the Board of County Commissioners ( "Board ") has reviewed Amendment 12; and WHEREAS, the Board opposes Amendment 12; and WHEREAS, the Board has determined that the amendment will substitute a new form of government for Colorado's traditional system in which many policies are decided by popularly elected public officials and the initiative and referendum powers are utilized sparingly. Voters will face lengthy ballots containing many more issues. Information on the effect of ballot issues will be skewed by advertising from the interests which can afford to mount a campaign. Objective information will be kept from the public by the amendment's restrictions on dissemination of information by governmental agencies. At the request of a single registered elector, taxpayers will have to pay for printing of petitions. A few disgruntled citizens will be able to delay government action on virtually any new law. Following this delay, taxpayers will be forced to pay for an election on whether the new law will be allowed. Fringe groups interested in delaying decisions of the majority can use this device to delay governmental decisions for up to two years. In smaller counties, municipalities, school districts, and special districts a small group of registered electors can cause delays, force expensive elections, and generally delay policies desired by the majority; and f WHEREAS, the proposal's limits on elected officials' compensation represent micro - management of elected officials' pay and will discourage dedicated citizens who cannot afford to assume voluntary positions from serving as elected officials. The proposal eliminates all non - pension forms of tax - exempt compensation, such as travel and living expense accounts and participation in health /life insurance, unless made taxable or approved by the voters. If these forms of compensation are considered taxable, an increase in health insurance premiums above inflation would mean that elected officials must take a corresponding decrease in salary or go to a vote of the people for approval of the resulting increase in total compensation in excess of inflation. Such questions trivialize the election process; and WHEREAS, because of its many loopholes, the amendment's donation limitations will be ineffective in changing campaign finance. The definition of donation specifically excludes contributions in kind or services. As a result, corporations, political action committees, and lobbyists will merely shift the form of their contributions from cash to contributions in kind. Further, these groups are not restricted in making independent expenditures, monies spent for candidates without going to the campaign committees. In addition, there is no limit on the amount of contributions that a wealthy individual may make to a candidate. Thus, individual officers of a corporation could each make unrestricted donations from their own funds to a candidate, who would be fully aware of the affiliation of the individuals with a particular company. There are no limitations on donations to ballot issue campaigns; and WHEREAS, the proposal creates an indirect governmental subsidy for political and ballot campaigns by providing tax credits to individuals who make donations to qualifying campaign committees. The amendment effectively diverts money that would otherwise go for taxes to political races and ballot issue campaigns. As a result, these funds will not be available for needed governmental programs such as education, corrections, law enforcement, and public health; and WHEREAS, the restrictions on districts' use of funds impedes the public from being informed about ballot issues. State and local governments will not be able to make their own analysis of ballot issues, either for internal use or for distribution to the public. The amendment eliminates state or local government distribution of factual summaries of ballot issues apart from election notices and publication of the text in newspapers. For example, a school board would be prohibited from publicly endorsing and providing information regarding its own bond issue. Petition ballot titles are limited to 75 words and fiscal notes on the 2 financial effects of a measure are prohibited. Thus, the amendment effectively eliminates governmental presentation of ballot information and limits voters in understanding complex ballot issues; and WHEREAS, allowing for the recall of judges and justices destroys the independence and integrity of the judicial branch. With no legal violations required for a recall, a judge may be recalled because of an unpopular decision. Good judges will resign or be recalled because they followed the law; judges who make decisions based on public opinion will end up on the bench. A judge's action should be determined exclusively on the basis of the facts and law presented in a particular case; it should not be based on popular appeal; and WHEREAS, the amendment removes many protections of the petition process and invites fraud. Numerous specific signature requirements are removed and several grounds for challenging signatures are eliminated. The election official is prohibited from checking the petition signatures against a master voter list to determine whether the signers are registered voters, and is given only ten days to review the signatures. Private parties have the same ten days in which to protest petition signatures, leaving verification of registration to interest groups that have the money to challenge signatures. By eliminating requirements for information with petition signatures, the petition process is open to abuses by persons seeking signatures. A process so vital to the people's participation in government should be protected from, not an invitation to, abuse of the system; and WHEREAS, the amendment's limits on governing bodies inhibit the ability of government at all levels to implement new laws in a reasonable time frame and severely restrict the ability of governing bodies to address emergency situations. For example, the governing body may have already used the six emergency measures to which it is limited. Since non - emergency measures cannot become effective until 91 days after final adjournment of the General Assembly for state measures or final publication for local measures, it will be difficult for governing bodies to respond quickly. In addition to limiting the ability to implement decisions in a timely manner, the amendment prohibits governing bodies from changing voter - approved petitions, even if technical flaws are evident; and WHEREAS, business, public agencies, and individuals need to have certainty that, when a legislative act is passed, it has some finality. Private entities and public agencies often need to make other decisions based on legislative acts. For example, businesses may make decisions based on legislation relating to economic development, tax policy, or local zoning ordinances. The extent 3 to which these decisions can be delayed and possibly repealed, pending a referendum petition and possible election, makes it difficult for businesses, other public agencies, and individuals to make their decisions in a timely manner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board believes that the rejection of Amendment 12 is in the best interests of the citizens of Eagle County and the Board determines that it opposes Amendment 12 and encourages the citizens of Eagle County to vote against Amendment 12. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of November, 1994. ATTEST: a County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: U.' / _.__...... ohnnette Phillips, C' airper-> +uz Ge rge Al. Gates, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner George A. Gates. This Resolution passed by 3 - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \amend.12 5