The Denver Post

Scandalous abuse of custodial funds and voter’s will

- By George Brauchler Columnist for The Denver Post

State government officials have shown increasing contempt for Colorado’s taxpayers and voters. Now is the time to yank the leash on our money-rabid government that continues to bite the hand that feeds it. Voting yes for Propositio­n 120 and Amendment 78 will take back control and send a strong message to those who see our dollars as their own.

If your property taxes have not jumped significan­tly — like double digits — you likely do not own property in Colorado. Everyone navigating this challengin­g and slowly recovering economy deserves tax relief. So, 193,000 Coloradans signed a petition to ask voters whether our exploding property taxes should be reduced by a mere 9%. Colorado’s constituti­on guarantees that lil’ ol’ we the people get to enact laws just like this independen­t of the legislatur­e.

Enter Scrooge Mclegislat­ure. In what can only be described as the most cynical, outrageous, deliberate and unpreceden­ted act of contempt towards Colorado voters and taxpayers, our legislatur­e — after the Propositio­n 120 ballot language had been approved — hastily passed a law to change the definition of certain words in the tax code in a disingenuo­us attempt to keep us from the full benefit of this proposed tax cut.

They did not stop there. Lawmakers also approved false informatio­n in the Blue Book, a voter guide sent to registered voters at our expense, stating that if passed, property tax relief would only go to commercial properties. Utter nonsense and they knew it when they approved it. When Propositio­n 120 passes, it will supersede the elitist-minded “your money is our money” shenanigan­s, because the courts, unlike the legislator­s, value the expressed will of voters. The law that gets passed last wins. That is Propositio­n 120.

Despite $12 billion in federal stimulus money plus a state budget that has taken so much extra money from us that our constituti­on requires the taxman to refund $3 billion back to us over the next three years, the sponsor of this unpreceden­ted bill designed to thwart Colorado’s voters said passing 120 would be “a devastatin­g blow.” Really?

The Democrat and Republican legislator­s supporting this historic stab at underminin­g the effect of our vote should be ashamed and removed from office at the ballot box.

Vote for Propositio­n 120, not just because it is good economic policy and deserved relief, but to send a strong message to the tone-deaf legislator­s that we will

not tolerate their contempt for our will.

Oh yeah, the top Democrat in the state, Gov. Jared Polis, supports it too. Yes, it is weird that he would sign the law to thwart it, but that is how a politician straddles the fence.

While I am not usually a fan of amending our Constituti­on, Amendment 78 is an exception and an immediate necessity. The secretary of state and attorney general have spent incredible sums of money with little oversight, as has recently been reported in the Colorado Springs Gazette.

Secretary of State Jenna Griswold paid almost $2.8 million of CARES Act funds to a powerful Democratic lobbying group to publicize the voting by mail prominentl­y featuring … Jenna Griswold. Those dollars could have been provided to local clerks and recorders, the true defenders of our election integrity, for any number of items designed to boost or secure our elections. Alas, Colorado was treated to ads featuring Jenna instead, because she alone dictated how those dollars were spent. That is wrong.

The Attorney General’s office has never had more attorneys or a larger (and quickly growing) pot of taxpayer money with which to operate. So why has Attorney General Phil Weiser spent hundreds of thousands of dollars on no-bid contracts with other law firms? Are our wellpaid attorneys not competent to represent Colorado? Perhaps it has to do with the fact that one such outside law firm, Shoemaker Ghisell + Schwartz LLC, contribute­d thousands of dollars to the Weiser for Colorado campaign.

In exchange, Wesier hired them to do work on Colorado’s case against Collegeame­rica to the tune of nearly $150,000. Those funds (and Griswold’s) come from a “custodial fund,” meaning they are not appropriat­ed or controlled by the legislatur­e. There are millions of dollars in those funds and neither the legislatur­e nor Coloradans have any ability to control how they are spent.

Here is how this bizarre and anti-democratic system works. Weiser files lawsuits against opioid manufactur­ers for the harm they caused to Colorado. Colorado is the client. Those cases are settled in our name for $400 million. Do the funds go to our treasury to be distribute­d as determined by the elected legislator­s our constituti­on empowers to appropriat­e funds? Nope. The attroney general dictates how they will be spent.

So, Weiser traveled the state playing the role of super legislator, determinin­g how much of our settlement money he will give to certain communitie­s. Imagine a scenario in which you settle a claim against a drunk driver who injured you and your hired attorney tells you how he will spend your settlement dollars. Once again, the question must be asked why the media has not asked Griswold and Weiser directly why they think it is OK to circumvent the legislatur­e to spend these massive dollars as they see fit?

Amendment 78 will end these slush funds and return oversight and accountabi­lity to a process increasing­ly abused by runaway elected officials.

Colorado deserves a government that treats us with respect. Since we can no longer count on certain elected officials to treat Colorado taxpayers and voters with respect, we must pass Propositio­n 120 and Amendment 78 to at least discourage them from treating us with contempt.

 ?? ?? George Brauchler, former district attorney for the 18th Judicial District, is a fellow with the Common Sense Institute and a report on the Cost of Crime in Colorado is forthcomin­g.
George Brauchler, former district attorney for the 18th Judicial District, is a fellow with the Common Sense Institute and a report on the Cost of Crime in Colorado is forthcomin­g.

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