Legislating behind closed doors has become legal in Colorado.

By Jon Caldara

What’s worse: people in political power shielding their activity from public oversight or the media celebrating them for doing so?

Fortunately, in Colorado, we don’t have to choose. We get both!

The Colorado Press Association has bestowed its “Defender of Free Press” award to the very legislators who passed a law to keep the press, and citizens, out of their meetings. Yes, these grand defenders of the Fourth Estate voted to exempt themselves from the Colorado Open Meetings Law so we can’t see what they’re doing — definitely award-worthy.

It’s like the Anti-Defamation League giving their big award to the KKK, or People for the Ethical Treatment of Animals having the Cattlemen’s Association cater their annual dinner.

For those of us who believe that, on balance, the Colorado press corps is a sycophantic fan club for the progressives currently running the state, this is the icing on the cake.

“Defenders of the free press” Senate President Steve Fenberg and Speaker of the House Julie McCluskie were the prime sponsors of Senate Bill 157 exempting themselves and the rest of the Legislature from the open meetings law.

There are well more than 5,000 governments and special districts in Colorado, all of whom are required to operate under this law. Now, there is only one government out of those 5,000 that doesn’t have to adhere to it: the Colorado state Legislature.

And legislators didn’t wait long to start excusing themselves from open meetings. In advance of the recent special session on property taxes, a small group of lawmakers did all the negotiating largely in the dark. The Legislature was just called in to rubber stamp it.

Legislating behind closed doors is now legal. Anyone who isn’t appalled by this doesn’t want transparency in government.

Imagine if the Legislature had to go to a vote of the people to approve Senate Bill 157. The “yes” campaign would have to come up with snappy slogans. Maybe, “Lawmaking, like lovemaking, is better in the dark.” Or maybe just a simple, “Nothing to see here, move along.”

There is no doubt the public would reject the idea if brought to them. Our direct representatives are fully aware of that and yet they passed it anyway.

The governor, in another profile in courage, washed his hands of the issue and signed the bill into law literally during Sunshine Week, the week to demand more transparency in government. He gets “best supporting actor” award for that.

Several years ago, I put a citizen’s initiative, Prop 104, on the Colorado ballot. It passed with more than 70% in favor. It required a school district’s negotiations with the teacher’s union be open to the public. Again, 70% approval. Unheard of.

Here’s the interesting part: Before that a bill to do the same as my initiative was introduced every few years in the Colorado Legislature and never made it out of its first committee.

It’s very similar to how the Legislature calls tax increases “fee increases” so they can pass them without a public vote as required by the Taxpayer’s Bill of Rights. They are fully aware the people would reject it, so they do it anyway. The word you are looking for is “arrogance.”

The question remains how in the world did the Colorado Press Association honor the people that kicked them out of open meetings? The year before, they gave the Defenders of a Free Press award to two legislators brave (or crazy) enough to sue their own Democratic Party to open the illegal, closed-door meetings their party leadership was having to negotiate votes secretly.

How can the CPA celebrate sunshine one year and darkness the next?

The Gazette’s own veteran politics reporter, Marianne Goodland, took the lead in shining light on how the CPA was busy turning off lights. She spearheaded an open letter demanding that, before the CPA board of directors gives out more kissy-face awards to people who make their jobs harder, they ask a few beat reporters first.

Goodland’s letter was also crafted and signed by Shawn Boyd of Channel 4 News, Kyle Clark of 9News, Brandon Richard of Denver7, Megan Schrader of the Denver Post, Larry Ryckman of the Colorado Sun and Quentin Young of Colorado Newsline.

I hate it when reporters do something I should compliment. So, let’s just say I kinda implied these guys did the right thing.