Colorado Constitution on Labor's Side

The Colorado Supreme Court dealt back-to-back blows in May and June to Gov. Bill Owens’ privatization and union-busting agenda.

First, the court reversed two lower court rulings that had dismissed a lawsuit by the Colorado Federation of Public Employees (CFPE) challenging the constitutionality of Gov. Owens’ 2001 executive order that rescinded payroll deduction of union dues for state employees.

“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, who also is a member of the AFT Public Employees program and policy council.

“When Gov. Owens was unsuccessful at getting the Legislature to pass ‘paycheck protection’ legislation, he decided to do it himself through executive order,” said Romero, adding that she hopes the case “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.”

Second, the Supreme Court declared the state’s new K-12 school voucher program unconstitutional because it violates the constitutional requirement that local school districts maintain control over locally raised funds.

The voucher scheme, dubbed the Colorado Opportunity Contract Pilot Program, would have provided $4,500 vouchers to low-income students from failing schools in 11 counties to attend private or parochial schools.

In related news, critics also are challenging the constitutionality of the state’s new college voucher program, the College Opportunity Fund, signed into law in May. AFT’s higher education division considers Colorado’s college voucher program the latest manifestation in the trend to privatize public services.

Under the new law, starting in the fall of 2005, the state will pay $2,400 toward tuition for state residents attending public colleges or universities and $1,200 toward tuition for state residents attending three private schools. The voucher amounts will be determined each year by the Legislature.