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Hear It Now: Tax Activists Cry Foul Over Blue Book

Hear It Now: Tax Activists Cry Foul Over Blue Book

Editor’s Note: State Bill subscribers may listen to, or download, the entire audio of this hearing by clicking on the player below. Not a subscriber? Contact Meg Satrom at meg@circuitmedia.com or 303-292-1212, or learn more by going here.

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The backers of three anti-tax ballot initiatives accused the Legislature’s staff of bias Wednesday over the official information book that voters will receive in the mail, The Durango Herald reports.

State legislators approved the book, known as the Blue Book, in a special hearing Wednesday. It will be printed and mailed to voters this month.

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Rep. McKinley To Face Penalty — Confidentially — For Sexual Harassment

Rep. McKinley To Face Penalty — Confidentially — For Sexual Harassment

By Jared Jacang Maher, FACE THE STATE

Colorado Rep. Wes McKinley has been ordered to complete private sexual harassment classes after an investigation concluded that the well-known Walsh lawmaker made unwanted sexual advances toward a female lobbyist and “created an intimidating, hostile, or offensive work environment,” according to a confidential letter from House leadership.

Debi Brazzale / Colorado News Agency
State Rep. Wes McKinley

House Speaker Terrance Carroll, the designated arbiter to determine if such allegations are credible, has maintained that legislative rules regarding sexual harassment complaints prevent him from disclosing any information on the matter – even the outcome.

The allegations of sexual harassment emerged in May when a female lobbyist filed a complaint accusing McKinley of grabbing her and sticking his tongue in her mouth during a private meeting in 2007. In the complaint submitted to House leadership, the lobbyist said that McKinley continued to harass her throughout the session, often by making inappropriate jokes to her.

When McKinley was asked last week if he had received any information from Carroll regarding the complaint’s status, he said “No, I haven’t.”

But in a “private letter of admonition” from Carroll to McKinley dated August 12 – a copy of which was shown to Face the State – the speaker explains that an outside employment research company was commissioned to review the claim, and that investigators found that sexual harassment did occur.

“I have reviewed the report, which includes statements of the complainant, yourself, and other individuals with knowledge relevant to the investigation, and takes into consideration all of the circumstances surrounding the alleged events,” writes Carroll. “While questions of credibility and political motivations are raised throughout the report, the independent investigator ultimately found [the complainant's] assertions to be credible.”

Brad Jones / Face The State
State House Speaker Terrance Carroll

Carroll went on to stipulate that McKinley complete a “private one-on-one tutorial” through counseling or a class on how to “avoid conduct that may constitute sexual harassment.” McKinley must provide documentation before the end of the year showing he has completed the class.

Carroll stresses repeatedly that the outcome of the investigation and his reprimand should be handled “discreetly and confidentially as possible,” using the word “private” five times in the the 1 1/2 page letter.

“For my part, I intend to decline all requests for access to any records regarding this matter and will continue to decline to make any comments regarding this matter,” writes Carroll.

House Majority Leader Paul Weissmann says he hasn’t seen the investigation report and has no knowledge of any resolution. “But I was interviewed for the investigation, as were others here, other legislators,” he acknowledges.

McKinley has not responded to subsequent phone calls and e-mails seeking his response to the letter, or if he agrees with the investigation’s conclusions. McKinley previously has publicly denied harassing the woman and said the complaint was an effort to harm him politically.

McKinley had filed an ethics complaint against lobbyist Nate Gorman after a verbal confrontation in the halls of the Capitol in April. Though the complaint was ultimately dismissed, McKinley told the Denver Post earlier this year that he believed the sexual harassment allegations were part of an effort to get back at him.

The attorney representing the female lobbyist is right-leaning political activist and writer Jessica Corry, who has contributed to Face the State in the past.

Corry has not yet replied to a call seeking reaction to Carroll’s letter vindicating her client. But in a May interview with Face the State, she dismissed the notion that partisan politics played a factor in the complaint against McKinley. “This case is about protecting the rights of a woman relentlessly harassed by a legislator who presumed his political power could buy her silence,” she said. “He was wrong.”

Contact the author at jared@facethestate.com or 720-279-9870 x106.

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Dan Cartin Approved As Next Colo. Legal-Services Director

Dan Cartin Approved As Next Colo. Legal-Services Director

By David Loewen, STATE BILL COLORADO

State government workers on Wednesday crowded the Legal Services Building around 9 a.m. to hear Dan Cartin announced as the new director of the Office of Legislative Legal Services.

“It’s a great honor to succeed Charley, as the leader of our staff and our office,“ Cartin said. “I look forward to the challenge working with leadership and with the members.”

Cartin served as deputy director of the office before being named director.

The legislature’s Legal Services Committee recommended Cartin over four other internal candidates, and the executive committee of the Legislative Council made the final decision Wednesday morning. As director, Cartin will oversee the 27 attorneys in the office. They are responsible for drafting legislation.

Politicians and capitol watchers alike praised the decision.

“He is a great choice, he has talent and experience,” said House Speaker Terrance Carroll, a member of the executive committee.

Cartin succeeds Charley Pike, who after 38 years in legal services announced his retirement in July.

Pike served as director the last seven years. He first came to legal services after hearing about a job opening through an acquaintance. Curiosity led him to the director of the office, and he remembers a very informal job interview for the position.

“I asked the fellow who was then the director of the office if they would be hiring, he said yes, then he asked me if I wanted a job, and I said yes,” Pike recalled Wednesday morning.

Pike got the job and worked as an attorney for revisor of statues.

Like Pike, Cartin has many years of experience. Cartin has worked in the legal services office for 21 years since leaving private practice. He left for the opportunity to work in legislation. He studied political science and has always been attracted to legal process of government.

“If this is the type of law you like working on then this is a great opportunity,“ Cartin said. “People just enjoy their work and working with the members.”

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Term-Limited Ex-Sen. Tapia At Home In New Colo. Lottery Job

Term-Limited Ex-Sen. Tapia At Home In New Colo. Lottery Job

By Debi Brazzale, COLORADO NEWS AGENCY

Former lawmaker Abel Tapia of Pueblo doesn’t hesitate to say that he probably has the best job in state government, where revenue pours in and out effortlessly, and his constituents are happy. His new job? The Director of the Colorado State Lottery.

Dealing with revenue streams is nothing new for former Democratic senator Abel Tapia of Pueblo, who a few short months ago bore the shared weight of a responsibility that very few in Colorado know first-hand—balancing a multi-billion dollar state budget when the dollars coming in don’t match up with spending needs and wants. Tapia welcomes the budget he now oversees.

“We generate funds and then we give it away to great causes. We’re not general funded so we don’t have to go and ask for our share of the pie,” said Tapia.

Tapia, term limited after serving 8 years in the senate and 4 years in the house, resigned his senate seat in July to join the Colorado State Lottery as its statewide director, which fortuitously has an office in his cherished hometown of Pueblo. The dynamics of working out-of-town are now a thing of the past for Tapia, who for the past twelve years had to live in Denver at least five months out of the year.

“Being away from home, weighs on your family and everything else. I’m a happy camper – this is just great. I’ve got a very good job and its right here in my hometown,” said Tapia.

It was in his hometown that Tapia raised his family and formed his own civil engineering company, Abel Engineering Professionals. Tapia ran the company he founded for 27 years before selling it to his son 3 years ago.

Tapia’s political career began in 1991 when he served on the local school board which subsequently led to a couple of terms in the state’s House of Representatives, where he quickly gained stature becoming his party’s caucus chair. An opportunity arose 4 years later to make the leap to the senate where he remained until his resignation. While in the senate, Tapia’s business experience and leadership skills took root, coming to fruition in the committees where the state’s financial affairs are set in motion—the Joint Budget Committee and Appropriations, serving as chair for the latter.

Tapia says he is grateful that owning his own business allowed him to seek and serve in public office, which ultimately led him to his current job, although he never anticipated that his life would unfold as it did. Tapia is the first to admit that he himself is amazed at how his career expanded from the vocation he chose as a young man—engineering.

“I feel blessed that I was able to serve in that capacity. I never aspired to do that in high school—I wasn’t on the debate team or student council,” said Tapia. “I never ever would have imagined that I would be the director of the lottery. I’m a civil engineer, I’m still an engineer.”

The 2010 legislative session was a tough one for the engineer who along with his colleagues on the JBC struggled with constructing a balanced budget amid plunging revenues and partisan battles over the most prudent course of action. Tapia readily admits it was difficult to make the tough calls, knowing he would have to face his constituents, especially those with whom he worked with when he was chairman of the Pueblo Chamber of Commerce. Legislation endorsed and passed, with the help of Tapia, by ruling Democrats to eliminate or defer an assortment of tax credits and exemptions for Colorado businesses stirred up passions in the business community unlike any other legislative session in recent memory and Tapia was at center stage for the drama.

“It was hard for me and I had to come back and explain to my friends here in Pueblo that it was the right thing to do. I actually went up to the mic and said ‘I’m going to upset every possible constituent that I ever had’ because we were cutting everything from business to social services,” said Tapia. “I just resolved myself during the session that everyone was going to be upset with me. I just wanted to upset everyone equally.”

Still, Tapia brands himself as a moderate who has the ability to get things done.

“I think that people looked at me as being a very moderate person, one that can work with both sides of the aisle. I think that ninety-percent of legislation happens in the middle. You get a moderate Democrat with a moderate Republican and you’ve got a winning combination,” said Tapia.

Sen. Al White, R-Hayden, who met Tapia a decade ago, said he agrees with his former JBC and Appropriations Committee colleague on his willingness to set partisan politics aside when it’s the right thing to do.

“I’ve always appreciated working with Abel because he was a gentleman when he was in the minority and I was in the majority. When the situation turned, and he was in the majority, he was equally a gentleman,” recalls White. “He always had thoughtful deliberations on the Joint Budget committee because he truly cared about the best interests of the citizens of Colorado and put partisan politics behind him when budget considerations were on the table.”

A non-partisan environment is a comfort zone that Tapia prefers but he said he is also savvy about political realities.

“When you go up to Denver and you know what it’s like to be in the minority party, and you want to become the majority party and it turns out to be partisan. You want the bigger offices, you want to be the chairman of committees, you to be able to get your bills passed, and that all goes with the majority party,” relates Tapia who says he’s seen the pendulum swing to the far-right and to the far-left. Ultimately though, Tapia says, “We’re judged on how we manage things when we have been given the reins to run things.”

When Tapia reflects on his time at the state capitol, the lasting impression that he hopes he has made is not for his work on the budget, but rather the enduring legacy he may have left for 3rd graders in Colorado by helping to put them on the path of becoming lifelong readers through the Read to Achieve Program. During his freshman year in the house, the Republican governor, Bill Owens asked Tapia to sponsor the legislation that created the reading program.

“For me, that’s the major piece of legislation that I carried,” said Tapia.

For now, Tapia says he is more than contented to be on hand to deliver good news to the lucky few who win big in the Colorado Lottery paid for by willing participants while generating additional funds for worthy causes such as Great Outdoors Colorado and public schools. His business experience qualifies him for the top lottery job, but from Tapia’s view, it was his political experience that solidified his odds of landing the position.

It is through the lens of that experience that Tapia offers advice to new legislators.

“You don’t have to change the world your first year. Don’t go out there and do some crazy things the first year because once you do some crazy things then you’re labeled as that crazy person.—either from the far-right or far-left. You’re put in a position where people are trying to get on your best side- particularly lobbyists but as soon as you’re not an elected official you go back to being Joe Citizen,” offers Tapia.

Being a citizen in his hometown and overseeing the state lottery is hitting the jackpot for Tapia.

“It’s good to be home,” says Tapia.

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Dan Cartin Recommended To Succeed Charley Pike In Legal Office

Dan Cartin Recommended To Succeed Charley Pike In Legal Office

STATE BILL COLORADO

A legislative committee this week recommended that Dan Cartin, one of two deputy directors of the Colorado Office of Legislative Legal Services, succeed his boss. Charley Pike is retiring.

The final decision will be made next week by the legislature’s top leadership — the Executive Committee of the Legislative Council.

The legislature’s Legal Services Committee emerged from a closed-door meeting earlier this week to recommend Cartin for the post. Five internal candidates, including Cartin, were interviewed. Their names have not been released.

The executive committee, made up of four Democrats and two Republicans, will have the final say at a Sept. 1 meeting. As of this writing, the committee also plans to meet secretly to consider the candidate.

According to his LinkedIn biography, Cartin has worked for the legislature since 1989. He is a graduate of the University of Colorado at Boulder and the Sturm College of Law at the University of Denver.

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Ritter Taps Medical Marijuana And Cuts Corrections To Close Shortfall

Ritter Taps Medical Marijuana And Cuts Corrections To Close Shortfall

DENVER DAILY NEWS
Gov. Bill Ritter yesterday announced a new plan to re-balance the state’s current budget and close a nearly $60 million revenue shortfall through revenues from medical marijuana applications and cuts to the Department of Corrections.
Higher-than-anticipated June revenue and additional Medicaid funding from the federal government kept the budget gap from being significantly wider, the governor’s office said yesterday.
“Today’s balancing plan continues the same strategies we’ve utilized throughout the downturn,” Ritter said in a statement. “We are preserving essential services, protecting the safety net, minimizing pain and requiring shared sacrifices and shared solutions from everyone. This is a responsible plan that continues to position Colorado for a healthy and sustainable recovery.”
Over the past three fiscal years, Ritter and lawmakers have closed recession-induced shortfalls of $4.3 billion.
The primary components of Ritter’s latest budget-balancing plan include:
Ą Cutting $1.3 million from the Department of Corrections and imposing a $4.9 million, or 1 percent, across-the-board reduction in personnel costs by keeping positions vacant and delaying hiring; and
Ą Transferring $53 million from other accounts into the state’s general fund to cover operating expenses. The transfers will come from $9 million from the Medical Marijuana Program Fund and $20 million from accounts that support local communities with discretionary grants funded by severance tax and federal mineral lease revenues, along with $11.4 million from a grant reserve fund.
Ritter’s office points out that it makes sense to go after medical marijuana revenues given the huge spike in applications over the last year. The state anticipates ending the year with 150,000 applicants for medical marijuana cards Ń up from 41,000 in 2009, according to the governor’s office. A marijuana card costs $90 per year.
The governor’s plan allows the state to maintain a 2.1 percent, or $150 million, general fund reserve in case of worsening revenue conditions, according to Ritter’s office. The next revenue forecast is due Sept. 20.
Republicans yesterday blamed Democrats for a tax-and-spend agenda that they say is adding to the state’s budget deficit.
“The Democrats’ partnership with Washington is not working for Colorado taxpayers,” Senate Republican Leader Mike Kopp, R-Littleton, said in a statement. “Colorado businesses and families cannot afford any more financial burdens because Democrats in the state Legislature and Gov. Ritter speculated on federal funding and guessed wrong.”
Republicans say Ritter and Democrats expanded Medicaid eligibility, adding hundreds of thousands of people to its rolls while increasing the state’s caseload, which has widened the budget gap. The GOP points out that in 2001 Colorado’s Medicaid caseload was around 275,000, while during last year’s budget it grew to over 476,000. One estimate projects Colorado’s Medicaid/CHIP enrollment to grow by 44 percent over the next four years to 897,000, say Republicans.
“The promise of increased federal Medicaid funding was one of the arguments used to sell Obamacare,” said Kopp. “Under the expanded eligibility rules in Obamacare, Colorado taxpayers will be forced to bear the financial burden of the Democrats’ out of control entitlement spending.”
“We cannot afford this unsustainable partnership with Washington any longer,” Kopp continued. “It is time we created real priorities in the state budget and stopped the budgeting gimmicks that have plagued the budget setting of the majority party.”
Ritter, however, said $76.8 million in higher-than-estimated individual and corporate income tax revenue, and $144 million from a six-month extension of the Federal Medical Assistance Percentage, helped ease this latest round of budget balancing. Unlike his foes in the Republican Party, Ritter praised Washington for helping Colorado by providing schools with additional education funding, including $160 million for local districts in Colorado.
The governor acknowledges that further cuts may be necessary following the September forecast. Ritter said he is preparing for the possibility of additional cuts, and has placed a hold on $40 million in local grants funded by severance tax and federal mineral lease revenue.
The September forecast will also be used to help shape Ritter’s Fiscal Year 2011-12 budget proposal, which will be submitted to the Legislature’s Joint Budget Committee on Nov. 1. Previous forecasts have indicated a $500 million to $1 billion shortfall in FY11-12, meaning more tough decisions will be made.
“While Colorado’s economy is showing signs of stability and encouragement in areas like the New Energy Economy, tourism and health care, we face more struggles and more difficult choices in the months ahead,” Ritter said. “All options must be on the table in order for us to keep our budget balanced.”

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PERA Bounced Back In 2009, Auditors Are Told

PERA Bounced Back In 2009, Auditors Are Told

By Todd Engdahl, EDUCATION NEWS COLORADO

The investments of the Public Employees’ Retirement Association rebounded in 2009, rising 17.4 percent in value after a plunge of 26 percent in the recession year of 2008.

Net assets of PERA at the end of 2009 were $32.9 billion, compared to $29.5 billion at the end of 2008.

The pension system has 465,653 members, more than half of which are employees or retirees of school districts and state colleges.

PERA’s 2009 financial picture was discussed in depth Monday at a meeting of the Legislature Audit Committee, along with an audit of the agency’s books. No significant accounting problems were found by the audit.

Reform of the pension system was a major issue last winter for legislators, who ultimately passed Senate Bill 10-001, which reduced annual increases for retirees, increased employer and employee contributions and changed eligibility rules for some government workers.

PERA executives, auditors and actuaries repeatedly noted Monday that the new law has helped put the system on the road to financial solvency over the next 30 years. The law currently is being challenged in court by a group of retirees.

While PERA had a good run last year, agency documents noted that the market drop has hangover effects. The agency’s three-year investment return is calculated at -1.5 percent, the five-year rate at 3.9 percent, the 10-year rate at 3.3 percent and the 25-year rate at 9.3 percent. The agency’s long-term plans for solvency assume an average 8 percent rate of return over 30 years.

And PERA’s portfolio didn’t do as well in the first six months of 2010, when a loss of $1 billion was posted. The system reported an overall gain in net assets, to $33.8 million, because employer and employee contributions of $3.6 billion more than offset the investment losses and $1.7 billion in benefit payments.

Actuaries hired by PERA board reported that PERA’s four divisions are funded at the following percentages:

* State division (includes many higher education members) – 67 percent
* School division (includes all K-12 employees except DPS) – 69.2 percent
* Local government division – 76.2 percent
* Judicial division – 77.3 percent

The funded percentages of all divisions declined slightly from 2008 because of the carryover effect of investment losses.

The actuaries reported that the state, schools and local government divisions are projected to reach full funding in 30 years, based on current financial assumptions. Full funding of the judicial division won’t come in 30 years.

The 2009 financial report doesn’t include the Denver Public Schools pension system, which didn’t become part of PERA until Jan. 1, 2010, and will be included in the annual financial report a year from now.

In other coverage:

Associated Press: Colorado’s pension fund is back on track toward solvency after state lawmakers became the first in the nation to cut retiree benefits to prevent its pension system from going broke, auditors said Monday. The next few years may be bumpy, however, because of losses from 2008 that are still being absorbed by the pension fund.

Pera

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Angela Giron, D-Pueblo, Sworn In As State Senator

Angela Giron, D-Pueblo, Sworn In As State Senator

By Andrea Rael, STATE BILL COLORADO

DENVER—Today for the first time in history, Colorado has two Latinas serving in the state Senate now that state Sen. Angela Giron, D-Pueblo, has been sworn into office. The swearing-in was performed by Colorado Supreme Court Chief Justice Mary Mullarkey.

Giron was selected by the vacancy committee to fill the spot left by Sen. Abel Tapia, who resigned to head The Colorado Lottery.

Giron joins Latina state Sen. Lucía Guzman in the Senate. Giron said it was an honor to have her swearing-in ceremony attended by former Latina state Senators Polly Baca and Paula Sandoval.

“I do recognize that I have some awesome shoes to fill,” Giron said. “I am proud that a Latina—a daughter from a blue-collar family—can grow up to be a leader in our state. We have so many unique skills and perspectives. We all come from many different places but I believe we have more in common, including the bettering of our community and the bettering of Colorado.”

Giron cited her previous work in the offices of Democratic Senators Ken Salazar and Michael Bennet as a “good experience for making better policies.”

Senate President Brandon Shaffer said Giron, who was raised in Pueblo, has more than 30 years of community service in her career.

“I know she will be a strong voice for Pueblo and for the Latino community throughout Colorado,” Shaffer said.

Also in attendance at Giron’s ceremony was Susan Daggett, wife of the incumbent Democratic nominee for U.S. Senate, Michael Bennet.

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Legislative Panel Searching For Successor To Charley Pike

Legislative Panel Searching For Successor To Charley Pike


Charles W. “Charley” Pike

STATE BILL COLORADO

The legislature’s legal services committee will meet next week to discuss a successor to Legal Services Director Charley Pike, who announced his retirement in late July.

Pike has served in the post since 2003. The Office of Legislative Legal Services is one of four legislative service agencies. The other three legislative service agencies are the State Auditor’s Office, Joint Budget Committee, and Legislative Council.

The committee will meet Tuesday in executive session to discuss applications and again Aug. 23 to interview candidates.

According to a report on the National Conference of State Legislatures website, Colorado will look at internal candidates first before it decides whether to conduct a broader search.

On a 4-3 vote, the Joint Committee on Legal Services chose to search internally first, because they have some strong internal candidates, are relatively happy with the direction of the office and want to focus their efforts on reviewing candidates that they know are viable.

Also according to the report, Pike apparently will have an advisory role in the process.

Charley mentioned that he would be uncomfortable providing opinions on the half dozen or so candidates that would come from his office. He didn’t want to favor one at the expense of the others or interfere with the committee’s decision. Representative Claire Levy sympathized that she understood his reluctance, but noted that Charley was in the best position, as director and supervisor of the staff, to educate the committee on the strengths, weaknesses and potential of the candidates. Charley, ever the good staffer, noted that he would always be responsive to the committee and find a way to provide helpful information and advice.

The full committee agenda is published below.

Agenda Web

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Ritter Names Ex-Denver Fire Chief As Homeland Security Head

Ritter Names Ex-Denver Fire Chief As Homeland Security Head

STATE BILL COLORADO

Gov. Bill Ritter announced that Colorado Homeland Security Director Mason Whitney is retiring effective Aug. 31 and will be replaced by former Denver Fire Chief Larry Trujillo.

Trujillo spent 25 years rising through the ranks of the Denver Fire Department. He served as chief from 2003 until his retirement in 2007. He was a senior safety adviser to the Democratic National Convention in 2008.

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