In the Matter of the Title, Ballot Title, and Submission Clause for 2007-2008 No. 62, Joseph B. Blake v. Joanne King and Larry Ellingson

Summary

The Colorado Supreme Court reviewed the Title Board’s action setting titles for proposed Initiative 2007-2008 No. 62, which would establish a just-cause requirement for employee discharge or suspension and provide for mediation. The court held that the initiative contained a single subject, that its titles were clear and did not include impermissible catch phrases, and that amendments made in response to legislative staff comments did not require resubmission. The court affirmed the Title Board, with Justice Hobbs dissenting.

Holdings

1. Initiative 2007-2008 No. 62 contains only one subject: establishing a just-cause requirement for discharging or suspending employees.
2. The titles set by the Title Board clearly and fairly express the subject and true intent and meaning of the initiative.
3. The terms "just cause" and "mediation" are not impermissible catch phrases.
4. The proponents were not required to resubmit the amended initiative to the legislative directors because the changes were made directly in response to legislative staff comments.

Questions Presented

1. Whether Initiative 2007-2008 No. 62 contains more than one subject in violation of article V, section 1(5.5) of the Colorado Constitution.
2. Whether the Title Board's titles clearly and fairly express the initiative's subject and true intent and meaning.
3. Whether the terms "just cause" and "mediation" are impermissible catch phrases.
4. Whether amendments made 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.

Disposition

affirmed