Date: 03/08/2012

Final
BILL SUMMARY for HB12-1118

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.001 (Attachment A). The
Moved prepared amendment L.002 (Attachment B). The
Moved to refer House Bill 12-1118, as amended, to 		Pass Without Objection

PASS



10:26 AM -- House Bill 12-1118

The committee returned to order. Representative Conti, prime sponsor, presented House Bill 12-1118, concerning ensuring transparency in collective bargaining negotiations between school district boards of education and school employees. Representative Conti provided background on labor negotiations at school board meetings, and explained the effect of the bill. Representative Conti responded to questions regarding the ability of the public to sit in on school board labor negotiations, and the position of school districts on the bill. Discussion ensued regarding opposition expressed to the bill by certain school districts, and the potential overriding of local authority by the bill. Discussion followed regarding the potentially disruptive atmosphere for school labor negotiations that may result from the bill's passage.


10:36 AM

Representative Conti responded to questions regarding the public's desire to track school spending, and her reasons for running House Bill 12-1118. Discussion returned to the potentially disruptive atmosphere in school board meetings that may result if the bill were to pass, and the position of school boards on the bill. Representative Conti was asked if the bill requires school districts to open their labor negotiations to the public. Representative Conti responded to further questions regarding a provision in the bill that allows school boards to conduct executive sessions in certain situations, and the reason she put the provision in the bill.


10:48 AM

Discussion continued regarding the provision in House Bill 12-1118 allowing school board executive sessions, and the ability of the public to listen to negotiations of sensitive matters. Representative Conti reiterated the intent of the bill. Discussion followed regarding the availability to the public of certain labor negotiation-related information under current law.


10:57 AM

The following persons testified regarding House Bill 12-1118:

10:57 AM -- Mr. Jeff Crank, representing Americans For Prosperity, testified in support of the bill. Mr. Crank spoke in favor of transparency, and discussed a situation where a decision by a local school board to open labor negotiations to the public was subverted by outside interests. He discussed public opinion about opening these negotiations to the public. The committee discussed with Mr. Crank whether the bill allows the public to simply observe labor negotiations, or whether the public may participate in the negotiations. Mr. Crank stressed that his position is in favor of transparency and not in opposition to public schools.


11:07 AM

Mr. Crank responded to questions regarding a provision in the bill that allows school boards to conduct executive sessions in certain situations, and his position on that provision. Discussion ensued regarding how union representatives are selected. Mr. Crank responded to questions regarding the subversion of local control by the bill.

11:13 AM -- Mr. Greg Romberg, representing the Colorado Press Association and Colorado Broadcasters Association, testified in support of House Bill 12-1118. Mr. Romberg discussed the Colorado Open Meetings Act, and the ability of public bodies to engage in executive sessions under this act. He explained how House Bill 12-1118 harmonizes with the Colorado Open Meetings Act. Discussion ensued regarding the effect of the bill on the ability of parties in school labor negotiations to keep their strategies private.


11:24 AM

Discussion ensued regarding public input in school labor negotiations under current law. Mr. Romberg supported transparency in how negotiations are conducted, and not just the outcome of the negotiations. Mr. Romberg responded to questions regarding his position on transparency in certain situations during the crafting of legislation at the State Capitol. Discussion followed regarding the delegation of school board labor negotiations to third parties. Mr. Romberg responded to questions regarding press coverage of school board labor negotiations, and how the bill would improve public knowledge of these transactions.


11:35 AM

Discussion continued regarding press coverage of union labor negotiations. Mr. Romberg responded to questions regarding the distinction between labor negotiations in the private sector and labor negotiations that involve tax money.

11:41 AM -- Mr. Ben DeGrow, representing the Independence Institute, made himself available for informational purposes. Mr. DeGrow discussed a report he authored for the Independence Institute that provides an overview of school board labor negotiations in Colorado. Mr. DeGrow responded to questions regarding his position on local control, and public opinion on the issue of labor negotiations with school boards.

11:49 AM -- Ms. Donna Jack, representing herself, testified in support of House Bill 12-1118. Ms. Jack discussed "the Summit" in Jefferson County, in which certain public school decisions have been made outside the scope of public input. Ms. Jack responded to questions regarding how she was made aware of decisions made in the Summit, and public reaction to the events that transpired in Jefferson County.

11:59 AM -- Ms. Sheila Atwell, representing Jeffco Students First, testified in support of the bill. Ms. Atwell discussed her efforts to track public school spending in Jefferson County, and spoke in favor of public transparency in decisions made about schools. She also discussed the public's input in recent school board decision-making activities. Ms. Atwell responded to questions regarding her perspective on recent increases in Public Employee Retirement Association (PERA) spending in Jefferson County. Discussion ensued regarding PERA employee contributions, and PERA spending in general.

12:09 PM -- Ms. Karin Piper, representing herself, testified in support of the bill. Ms. Piper discussed the contentious nature of school labor negotiations, and discussed the benefits of transparency in these negotiations. She discussed school labor negotiations in Douglas County.

12:13 PM -- Mr. Bob Null, representing himself, testified in support of House Bill 12-1118. Mr. Null explained labor negotiation arrangements in El Paso County School District 11, and provided data about the district. He explained how decisions made in private in District 11 affect the district's budgeting and spending. He spoke in favor of state law trumping local control in the current instance, and discussed the district's executive session process. Mr. Null discussed the decisions that are made privately, and spoke in favor of transparency in these matters.


12:23 PM

Mr. Null responded to questions regarding public input in District 11's labor negotiations, and whether the proceedings are disruptive.

12:25 PM -- Mr. Tim Farmer, representing the Professional Association of Colorado Educators, testified in support of the bill. He discussed the opinion of classroom teachers on open school labor negotiations, and explained the benefits of open negotiations. He responded to questions regarding an opinion poll of teachers he conducted about school labor negotiations.

12:30 PM -- Ms. Regina Thompson, representing herself, testified in support of House Bill 12-1118. Ms. Thompson discussed the need for the General Assembly to intervene to ensure that school board labor negotiations are open to the public.


12:32 PM

Representative Conti explained the effect of prepared amendment L.001 (Attachment A).

HseState0308AttachA.pdf
BILL:HB12-1118
TIME: 12:32:59 PM
MOVED:Baumgardner
MOTION:Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Liston
VOTE
Baumgardner
Casso
Court
Duran
Joshi
Liston
Todd
Coram
Kerr J.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB12-1118
TIME: 12:33:34 PM
MOVED:Baumgardner
MOTION:Moved prepared amendment L.002 (Attachment B). The motion was withdrawn.

HseState0308AttachB.pdf
SECONDED:Liston
VOTE
Baumgardner
Casso
Court
Duran
Joshi
Liston
Todd
Coram
Kerr J.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


12:34 PM

Representative Conti provided closing remarks in support of House Bill 12-1118. Various committee members expressed support for, or opposition to, the bill.
BILL:HB12-1118
TIME: 12:41:48 PM
MOVED:Baumgardner
MOTION:Moved to refer House Bill 12-1118, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 5-4.
SECONDED:
VOTE
Baumgardner
Yes
Casso
No
Court
No
Duran
No
Joshi
Yes
Liston
Yes
Todd
No
Coram
Yes
Kerr J.
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS