Face The State Staff Report
While Gov. Bill Ritter has eagerly insisted that he will appeal a Friday court ruling establishing that a mill levy freeze amounts to an unconstitutional tax increase under Colorado law, members of the state Board of Education, a defendant in the case, remain undecided about whether they will formally join in support of Ritter's challenge.
Mesa County Commissioners and aggrieved property owners originally brought the lawsuit against the state Board, arguing that the freeze, part of the 2007 School Finance Act, amounted to an unconstitutional tax increase because it generated additional tax revenue for the state without first asking voters to support the increase. Under Colorado law, all tax increases must meet voter approval. Ritter voluntarily intervened in the case, and after Judge Christina Habas handed down her decision, he immediately announced his intention to appeal it to the Colorado Supreme Court.
HudakFTS File Photo
But the state Board has made no such commitment just yet, leading insiders to question the hesitation. Board members Peggy Littleton, R-Colorado Springs, and Evie Hudak, D-Westminster, anticipate that the Board's decision will be one along party lines. Currently, Republicans hold a one seat majority on the seven member panel.
"The money has gone out; it's been promised," said Hudak, who believes the Board should stand by Ritter and appeal the case. "I'm living in fear that future years could end up with less."
Hudak alluded to the fact that many of the Colorado Supreme Court judges were appointed by former Democrat Gov. Roy Romer, who more recently served as the superintendent of the Los Angeles Unified School District, and this could bode well for Ritter's appeal. In addition, the Court outraged fiscal conservatives last month when it handed down a decision that provides an exception to a campaign coordination ban under Colorado's campaign finance laws for unions organizing walking campaigns for specific candidates.
"I am pleased with the decision and hopeful that we will vote not to appeal," said Littleton, who has maintained her faith in the board's Republican majority.
Vice Chairman Bob Schaffer, R-Fort Collins, introduced in April a motion for the board to take a formal position, by way of public vote, on whether the department would “defend the lawsuit or [agree with] the claims against the state.”
Schaffer’s only support came from Littleton. Fellow Republicans Randy DeHoff, D-Littleton, and Chairwoman Pamela Jo Suckla, R-Slickrock, sided with Democrats and voted to defend the lawsuit. At the time, Suckla said, "It is not in the best interest of this board to debate the issue and the case’s merits in a public forum. That is not our job."
Littleton believes that Friday's ruling will be enough to persuade Suckla and DeHoff to change their positions. Hudak did not disagree.
The Board plans to discuss its decision this Wednesday during an executive session conference call with its legal counsel.