Representatives and Candidates on Arvada 'Secret Ballots' Lawsuit

Where do your Arvada elected representatives to the state legislature stand on the city council secret ballots scandal?

The issue has risen to the level of the legislature since Colorado Springs State House Representative Bob Gardner is planning to introduce a special bill to ensure that any Colorado citizen has the 'standing' to go to court to enforce the provisions of the Open Meetings law.

So, over 24-hours ago we sent the following email communication to State Senator Rachel Zenzinger, State Representative Tracy Kraft-Tharp and State Representative Libby Szabo. We also sent the message to those seeking to become our representatives after the coming November 2014 election.

Today, Monday, April 14, we finally received a reply from Libby Szabo.
(See below.)

We will post any further responses when and if they arrive.

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Monday, April 7, 2014

Dear Elected Representatives and Candidates for the Colorado General Assembly:

As you may know, a lawsuit challenging the use of secret ballots by the Arvada city council to fill a district one council vacancy was dismissed by District Court Judge Margie Enquist on March 31, 2014. Her reason for dismissal was based upon her interpretation of the issue of “standing” even though she also admitted that “the voting procedure may have violated the secret ballot provision” of the Colorado Open Meetings statute.

In response to this controversial court ruling, Colorado state representative Bob Gardner of Colorado Springs, who sponsored the 2012 bill that banned secret ballots for use by city councils and other public bodies, is seeking to introduce legislation in this session of the legislature “making it clear that any citizen has legal standing to challenge violations of the law.” (Sponsor of 2012 ban on secret ballots wants new legislation to clarify citizens’ legal standing - Colorado Freedom of Information Coalition; April 4, 2014.)

As Arvada residents, we would like to know your position on the use of secret ballots by governmental public entities.

We would very much like to know if you are supportive of state representative Gardner’s proposed legislation.

For those already representing Arvada citizens at the state capital — Ms.’s Szabo, Kraft-Tharp and Zenzinger — will you assist in Rep. Gardner’s effort to obtain permission to introduce his bill in this legislative session?

If introduced, will you vote for Rep. Gardner’s bill?

It is our intention to post this communication and answers to it (and note failures to respond) on various Arvada and Colorado internet forums and web sites.

We thank you for your consideration and we look forward to your timely reply.

Dave Chandler
Arvada, CO 80003

Lyman Parkhurst
Arvada, CO 80003

Cindi Kreutzer
Arvada, CO 80002

Hildegard Hix
Arvada, CO 80004

Thomas Wambolt
Arvada, CO 80004

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Response from Rep. Tracy Kraft-Tharp - Incumbent Representative and Democratic Party Candidate for State House District 29

Dear Dave and others

Thank you for contacting me. I read about this in the paper and on facebook. I really don't have any other information and am very interested in seeing the bill.

I make it a practice to decide how to vote when I see the actual language in a bill versus deciding on the issue as a whole.

Again, thanks for contacting me.

Tracy

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Response from Niles Aronson - Libertarian Party Candidate for State House District 27

Dear Dave and others,

As a citizen of Colorado, and most importantly Arvada, I find it offensive and appalling that Judge Enquist dismissed the lawsuit when there was a clear violation of the Colorado Open Meeting statute, even after admitting that it "may have violated the secret ballot provision." I personally believe that government should be completely transparent, and I am in favor of legislation that would allow any Colorado resident to bring suit against their government for violating the Open Meeting Laws. The fact that Judge Enquist dismissed the case due to the complainant not being involved is nothing more than proof that government today tries to hold itself above the laws created, and has taken on a bad habit of picking and choosing when and how it will enforce the laws.

I do hope that Rep. Gardner's bill is introduced, and eventually signed into law. If elected I will support and defend the Colorado voter's right to knowing what their government is up to.

Thank you for contacting me and asking for my opinion.

Best regards,

Niles Aronson

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Response from Laura Woods - Republican Candidate for State Senate District 19

Dave,

Thanks for including me on this email.

Once elected, I will work for liberty on every front - including the freedom to challenge a violation of the law.

Cordially,

Laura Woods

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Response from Hans Romer - Libertarian Party Candidate for State House District 29

Sir- as a highly distrusting citizen, of government. I feel FULL transparency of government is the only way for a government "of the people and for the people". Maybe only place I can see a place for secrecy or secrets is in military hardware. I do not see any reason for government to hide behind a curtain. Only reason to hide something is because you know what you are doing is wrong. Like criminals liking the dark. My opinion. And how I go about my life.

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Received from the office of Rachel Zenzinger:

Dear Mr. Chandler,

Thank you for your email. Senator Zenzinger is out of the office today due to illness. I will be sure to highlight your email so that Senator Zenzinger can get back to you upon her return. Do you have a deadline? I could forward this email to the Senator's home email if you need to hear back from her right away. Thank you for your patience and understanding.
Sincerely,

Nicolas Kipling
Legislative Aide

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Response from Rachel Zenzinger - Incumbent Senator and Democratic Party Candidate State Senate District 19

Dear Mr. Chandler,

Thank you for your interest in my opinion on this subject. I totally support the concept of open government. I recognize there are times that a governing body has to have a discussion in executive session. However, when there is any doubt, the governing process should be made transparent to the public. I left a note with Rep. Gardner this afternoon letting him know that I am interested in possibly serving as the Senate sponsor on this bill.

Thanks,
Senator Rachel Zenzinger

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The original email was sent today to those who had so far not responded -- we received this reply from Libby Szabo, Incumbent Representative and Republican Party Candidate for State House District 27:

Hello Dave,
I have not seen anything solid on this. I will look into it and get back to you.

Libby

Assistant Minority Leader Libby Szabo
State Representative of House District 27

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No Response as yet from:

Lang Sias, Republican Party Candidate; State Senate District 19
Robert Ramirez, Republican Party Candidate; State House Representative District 29
Gregg Miller, Libertarian Party Candidate; State Senate District 19

(We were just informed that Wade Norris is the Democratic Party candidate for State House District 27. The original email message has been sent to him and we will include his response when and if it is received.)

Comments

[wade norris]

Hi Dave,
thanks for contacting me,
I have always been for open and transparent government and would like to hear more on this issue.
Thanks
Wade Norris
Candidate for HD 27