Colorado Springs’ refusal this week to mail out state Rep. Douglas Bruce’s arguments supporting his ballot proposals that take aim at the city’s Stormwater Enterprise is an about-face from the city’s past policy on sending out statements supporting and opposing ballot measures, Bruce said Wednesday.

Since 1991 when the notices first were required, the city has sent out pro and con statements on 44 measures that aren’t related to the Taxpayer’s Bill of Rights, which requires the notices, Bruce said.

Pro and con statements were also sent out for other TABOR-related measures during that time.

Bruce, who is suing the city over the rejection, said Wednesday this demonstrates City Clerk Kathryn Young erred in her refusal to publish his arguments in support of his two initiatives on the Nov. 4 ballot.

Young declined to comment, citing the lawsuit Bruce filed Tuesday seeking to overturn her rejection of his pro statements. A hearing on the lawsuit is set for today.

The measures would overhaul how city enterprises operate, eliminate mandated stormwater fees and phase out enterprise payments to the city, including Colorado Springs Utilities’ $26 million annual payment in lieu of taxes.

TABOR, adopted by city voters in 1991 and state voters in 1992, requires voter approval for tax increases and debt.

It also caps the amount of revenue governments can collect and requires pro and con statements for TABOR-related measures be mailed to registered voters before elections, if proponents and opponents submit them to the election official.

On Friday, Bruce submitted statements favoring his two measures. Young told Bruce the measures don’t qualify for the mailed notice because they don’t involve new taxes, tax increases or tax policy changes.

Bruce, who wrote TABOR, said TABOR requires notices on any measure other than recall petitions.

In addition, he said his measures are covered by TABOR, because it’s the only part of the state constitution and City Charter that defines a government enterprise. He said the measures would also affect revenue caps, a core principle of TABOR.

Among the ballot measures since 1991 for which the city has sent out the required TABOR notices, according to Bruce: annual goal setting, renumbering the City Charter, limiting debt, repeal of obsolete Charter provisions, regulating petition circulators, reducing the number of signatures required for recall petitions, open meetings rules, appointment of a utilities director, allowing Beth-El School of Nursing to merge with UCCS and granting a street railway franchise.

“It’s been going on for 17 years,” Bruce said. “If there were five examples, I would say it’s an anomaly. But they’ve always allowed this in the past.”

–

Contact the writer: 636-0238 or pam.zubeck@gazettedev.gazette.com

Photo by