Summary
The Colorado Supreme Court reviewed the Title Board’s action concerning proposed Initiative 2007-2008 #62, which would establish a just-cause requirement for discharging or suspending employees. The court held that the initiative contained a single subject, that its titles clearly and fairly expressed the measure without impermissible catch phrases, and that amendments made in response to legislative staff comments did not require resubmission. The court affirmed the Title Board’s action.
Topics
Practice areas
Questions Presented
- Whether Initiative 2007-2008 #62 violated article V, section 1(5.5) of the Colorado Constitution by containing more than one subject.
- Whether the Title Board's titles clearly and fairly expressed the initiative's subject and true intent and meaning.
- Whether the terms "just cause" and "mediation" were impermissible catch phrases.
- Whether changes made to the initiative in response to legislative staff comments were substantial amendments requiring resubmission to the directors of the Legislative Council and the Office of Legislative Legal Services.
Holdings
- Initiative 2007-2008 #62 contains only one subject: establishing a just-cause requirement for discharging or suspending employees.
- The titles set by the Title Board clearly and accurately express the subject and true intent and meaning of Initiative 2007-2008 #62 and are not misleading.
- The phrases "just cause" and "mediation" are not impermissible catch phrases.
- The proponents were not required to resubmit the amended initiative to the directors of the Legislative Council and the Office of Legislative Legal Services because the changes were made directly in response to legislative staff comments.
Key quotations
“In determining whether a proposed initiative comports with the single subject requirement, [w]e do not address the merits of a proposed initiative, nor do we interpret its language or predict its application if adopted by the electorate.” (59)
“While titles must be fair, clear, accurate and complete, the Title Board is not required to set out every detail of an initiative.” (60)
“"Just cause" accurately describes an element of the Initiative. In addition, the term sets forth a legal standard commonly used in the law. Likewise, "mediation" is a term commonly used in the law.” (61)
Factual background
Initiative 2007-2008 #62 proposed amending the Colorado Constitution to prohibit an employer from discharging or suspending an employee without first establishing just cause. It defined just cause, required written documentation of the basis for discipline, and created a mediation process through which an employee could seek back pay or reinstatement. After legislative staff questioned whether the measure addressed layoffs caused by lack of work or employer bankruptcy, proponents added provisions addressing layoffs affecting ten percent or more of the Colorado workforce and employer bankruptcy.
Procedural history
The Title Board fixed titles for Initiative 2007-2008 #62 at its February 20, 2008 public meeting. Blake filed a motion for rehearing, which the Title Board denied on March 5, 2008. Blake then commenced this original proceeding challenging the initiative under Colorado's single-subject and clear-title requirements and challenging changes made to the initiative after legislative staff review.