Greene v. Schaffer

960 P.2d 129, 1998 Colo. J. C.A.R. 3182, 1998 Colo. LEXIS 453, 1998 WL 343444
CourtSupreme Court of Colorado
DecidedJune 22, 1998
DocketNo. 98SA183
StatusPublished
Cited by1 cases

This text of 960 P.2d 129 (Greene v. Schaffer) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. Schaffer, 960 P.2d 129, 1998 Colo. J. C.A.R. 3182, 1998 Colo. LEXIS 453, 1998 WL 343444 (Colo. 1998).

Opinion

PER CURIAM.

Pursuant to section 1-40-107(2), 1 C.R.S. (1997), the petitioner challenges the title, ballot title and submission clause, and the summary (collectively, “titles and summary”) fixed by the initiative title setting board (the “Board”) for a proposed constitutional amendment designated “1997-98 #77” (the “Initiative”). The respondents are the proponents of the Initiative and the Board. The text of the Initiative, as well as the titles and summary, are set forth in an appendix to this opinion.

The Initiative provides that a worker has the right to “fully informed consent” before a political contribution is deducted from the [130]*130worker’s paycheck. The Initiative requires a worker to submit a request to his or her employer indicating consent to the deduction and the political purpose destination of the deduction. The Initiative provides that a particular deduction request is valid for no more than one year, and immunizes employers from liability for refusing to honor a worker’s request.

The petitioner challenges the Board’s action on the following grounds: (1) the titles are not brief and unambiguous, (2) the titles and summary contain an impermissible catch phrase (“fully informed consent”), (3) the titles and summary fail to explain that the true intent and meaning of the Initiative is to prohibit any deduction from any worker’s paycheck that will be used for political purposes, (4) the summary fails to define certain important terms, and (5) the fiscal impact statement is inadequate because it does not include information about the cost of placing the Initiative on the ballot.

We reject the petitioner’s arguments, and affirm the action of the Board without opinion. See C.A.R. 35(e); In re Initiative Pertaining to Proposed Constitutional Amendment Entitled “W.A.T.E.R. II” 831 P.2d 490, 491 (Colo.1992).

APPENDIX

PROPOSED INITIATIVE “1997-98 # 77” 1

The title as designated and fixed by the Board is as follows:

AN AMENDMENT TO THE COLORADO CONSTITUTION TO RECOGNIZE A WORKER’S RIGHT TO FULLY INFORMED CONSENT BEFORE ANY POLITICAL CONTRIBUTION IS DEDUCTED OR TAKEN FROM THE WORKER’S PAYCHECK, ÁND, IN CONNECTION THEREWITH, PROHIBITING CERTAIN CONTRACTS AFFECTING THAT RIGHT; REQUIRING THAT CONTRACTS WHICH PERMIT POLITICAL CONTRIBUTION PAYCHECK DEDUCTIONS COMPLY WITH THE AMENDMENT; REQUIRING THAT A WORKER’S WRITTEN POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUEST BE SUBMITTED TO AN EMPLOYER, INDICATING THE WORKER’S CONSENT TO THE DEDUCTION, PRIOR TO ANY DEDUCTION OF A POLITICAL CONTRIBUTION FROM A WORKER’S PAYCHECK BY THAT EMPLOYER; SPECIFYING THE INFORMATION A POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUEST MUST CONTAIN AND THE DURATION (NOT TO EXCEED ONE YEAR) OF THE REQUEST’S VALIDITY; PROHIBITING EMPLOYERS FROM MAKING A POLITICAL CONTRIBUTION PAYCHECK DEDUCTION WITHOUT THE WORKER’S FULLY INFORMED CONSENT; PROHIBITING CERTAIN ACTIONS BY EMPLOYERS RELATING TO A WORKER’S CHOICE OF MAKING OR NOT MAKING A POLITICAL CONTRIBUTION; ALLOWING EMPLOYERS TO REFUSE TO HONOR POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUESTS WITHOUT INCURRING LIABILITY; REQUIRING EMPLOYERS THAT HONOR A POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUEST TO FORWARD THE REQUEST TO THE DESIGNATED POLITICAL PURPOSE DESTINATION; PROHIBITING PERSONS FROM USING POLITICAL CONTRIBUTIONS. OBTAINED IN VIOLATION OF THE MEASURE AND REQUIRING ANY PERSON WHO KNEW OR SHOULD HAVE KNOWN THAT A POLITICAL CONTRIBUTION WAS OBTAINED BY PAYCHECK DEDUCTION TO RECEIVE A COPY OF THE POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUEST BEFORE USING THE POLITICAL CONTRIBUTION; SPECIFYING THE LEGAL REMEDIES AVAILABLE AND THE DAMAGES AWARDABLE FOR A VIOLATION OF THE MEASURE; AND ESTABLISHING AN EFFECTIVE DATE FOR THE AMENDMENT.

The ballot title and submission clause as designated and fixed by the Board is as follows:

[131]*131SHALL THERE BE AN AMENDMENT TO THE COLORADO CONSTITUTION TO RECOGNIZE A WORKER’S RIGHT TO FULLY INFORMED CONSENT BEFORE ANY POLITICAL CONTRIBUTION IS DEDUCTED OR TAKEN FROM THE WORKER’S PAYCHECK, AND, IN CONNECTION THEREWITH, PROHIBITING CERTAIN CONTRACTS AFFECTING THAT RIGHT; REQUIRING THAT CONTRACTS WHICH PERMIT POLITICAL CONTRIBUTION PAYCHECK DEDUCTIONS COMPLY WITH THE AMENDMENT; REQUIRING THAT A WORKER’S WRITTEN POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUEST BE SUBMITTED TO AN EMPLOYER, INDICATING THE WORKER’S CONSENT TO THE DEDUCTION, PRIOR TO ANY DEDUCTION OF A POLITICAL CONTRIBUTION FROM A WORKER’S PAYCHECK BY THAT EMPLOYER; SPECIFYING THE INFORMATION A POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUEST MUST CONTAIN AND THE DURATION (NOT TO EXCEED ONE YEAR) OF THE REQUEST’S VALIDITY; PROHIBITING EMPLOYERS FROM MAKING A POLITICAL CONTRIBUTION PAYCHECK DEDUCTION WITHOUT THE WORKER’S FULLY INFORMED CONSENT; PROHIBITING CERTAIN ACTIONS BY EMPLOYERS RELATING TO A WORKER’S CHOICE OF MAKING OR NOT MAKING A POLITICAL CONTRIBUTION; ALLOWING EMPLOYERS TO REFUSE TO HONOR POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUESTS WITHOUT INCURRING ' LIABILITY; REQUIRING EMPLOYERS THAT HONOR A POLITICAL CONTRIBUTION PAYCHECK DEDUCTION REQUEST TO FORWARD THE REQUEST TO THE DESIGNATED POLITICAL PURPOSE DESTINATION; PROHIBITING PERSONS FROM USING POLITICAL CONTRIBUTIONS OBTAINED IN VIOLATION OF THE MEASURE AND REQUIRING ANY PERSON WHO KNEW OR SHOULD HAVE KNOWN THAT A POLITICAL CONTRIBUTION WAS OBTAINED BY PAYCHECK DEDUCTION TO RECEIVE A COPY OF THE POLITICAL CONTRIBUTION PAYCHECK DEDUCTION- REQUEST BEFORE USING THE POLITICAL CONTRIBUTION; SPECIFYING THE LEGAL REMEDIES AVAILABLE AND THE DAMAGES AWARDABLE FOR A VIOLATION OF THE MEASURE; AND ESTABLISHING AN EFFECTIVE DATE . FOR THE AMENDMENT?

The summary prepared by the Board is as follows:

This measure provides that a worker has the right to fully informed consent before any political contribution is deducted or taken from the worker’s paycheck. The measure specifies that no contract, agreement, or waiver shall ignore, violate, or diminish a worker’s right to fully informed consent and provides thát any contract or agreement that permits paycheck deductions for political purposes must comply with the measure’s requirements.

The measure requires that a worker who chooses to make a political contribution by paycheck deduction must submit a written request to the employer for the sole purpose of making that deduction. The written request, form may be provided to the worker by any person and, prior to submittal to the employer, must be signed by the worker and indicate on its face: .

• The name of the worker and employer;
• The amount and political purpose destination of the particular deduction; ■
• The period of time, not to exceed one year, for which the requested deduction is to be made, and
• That the worker making the request has been informed that the deduction will be used for a political contribution, that' the worker need not make a political contribution, and that the worker will not receive any reward, benefit, or additional compensation for making a political contribution, or any penalty or harm for not making a contribution.

The measure prohibits an employer from deducting a political contribution from a worker’s paycheck without the worker’s fully [132]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Amundson v. Travis
962 P.2d 970 (Supreme Court of Colorado, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
960 P.2d 129, 1998 Colo. J. C.A.R. 3182, 1998 Colo. LEXIS 453, 1998 WL 343444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-schaffer-colo-1998.