A recent Colorado Supreme Court ruling has revived a legal challenge by the Colorado Federation of Public Employees (CFPE) to Gov. Bill Owens' 2001 executive order that rescinded payroll deduction of union dues for state employees. The ruling reverses two lower court rulings that had dismissed the union's lawsuit.

"This is an important victory for our union, as the Supreme Court's unanimous opinion provides important language that supports our interests and will help us represent and protect our members," said CFPE president Jo Romero.

Two other unions had also joined the lawsuit filed against Gov. Owens and the executive director of the state's Department of Personnel and General Support Services on the grounds that the policy violates the state constitution and state statute. The case went to the Supreme Court after a district court dismissed the lawsuit without comment, a decision that was affirmed by an appeals court on the basis that the unions lacked standing to sue the governor or the executive director.

But the Supreme Court ruled that state statute provides discretionary authority to the state personnel director to grant payroll deduction requests and that the unions were "deprived of a right to apply for a deduction and receive a non-arbitrary ruling on their application." Moreover, the court said, "the governor is an appropriate defendant due to his constitutional responsibility to uphold the laws of the state and to oversee Colorado's executive agencies."

The Supreme Court directed the appeals court to return the case to the district court, noting, "The defendants, if they choose, may file new motions to dismiss based on grounds other than those already resolved on appeal. Otherwise, the defendants should answer the complaint and the case should proceed to trial."

Gov. Owens issued the executive order when he was unable to get the Legislature to pass "paycheck protection" legislation, noted CFPE's Romero. This ruling "will help shine a bright light on separation of powers so it is made clear that a governor cannot usurp legislative authority in making law via executive order."

In related news, legislation that would eliminate automatic payroll deduction of teacher union dues failed in the Colorado House by one vote in April. GOP Rep. Jim Welker wrote in a "Weekly Update" to constituents that the measure failed because one Republican "punched the wrong button by mistake. Otherwise it would have passed."

June 10, 2004