Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
 
 
 LLS NO. R12-0940.01 Nicole Myers x4326           SCR12-004
                   SENATE SPONSORSHIP
 Lambert, 
 
                    HOUSE SPONSORSHIP
 Swalm, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 State, Veterans & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
               SENATE CONCURRENT RESOLUTION 12-004 
       Submitting to the registered electors of the state of
            Colorado an amendment to the Colorado constitution
            concerning public access to certain information
            regarding the public employees' retirement
            association.
       
       
                        Resolution Summary
       
            (Note: This summary applies to this resolution as introduced and
       does not reflect any amendments that may be subsequently adopted. If this
       resolution passes third reading in the house of introduction, a resolution
       summary that applies to the reengrossed version of this resolution will be
       available at http://www.leg.state.co.us/billsummaries.)
       
            All publications, documentation, communications, and other
       information or materials, regardless of format, that are made, maintained,
       kept, received, or otherwise used by the public employees' retirement
       association (association) or by the association's employees in the course
       of their employment are public records that are open for inspection by any
       person at reasonable times. Personnel files, work product, and
       information regarding certain investments by the association until the
       transaction is completed are not public records and are not open to public
       inspection.
            All official meetings of the association board of trustees and all
       informal meetings of trustees where the number of trustees present equals
       a quorum of the board are open to the public. 
       
       
       
            Be It Resolved by the Senate of the Sixty-eighth General Assembly
       of the State of Colorado, the House of Representatives concurring herein:
            SECTION 1.  At the next election at which such question may be
       submitted, there shall be submitted to the registered electors of the state
       of Colorado, for their approval or rejection, the following amendment to
       the constitution of the state of Colorado, to wit:
            In the constitution of the state of Colorado, add section 16 to
       article XVIII as follows:
            Section 16.  Public employees' retirement association -
       transparency. (1) (a)  Except as otherwise provided in paragraph
       (b) of this subsection (1), all publications, documentation,
       communications, and other information or materials, whether
       in written, electronic, video, or audio format, that are made,
       maintained, kept, received, or otherwise used by the public
       employees' retirement association or by the association's
       employees in the course of their employment are public records
       that are open for inspection by any person at reasonable times.
            (b)  The following records are not public records and are
       not open for inspection:
            (I)  Personnel files, including home addresses, telephone
       numbers, financial information, and other information
       maintained because of the employer-employee relationship.
       Personnel files do not include applications of past or current
       employees, employment agreements, any amount paid or benefit
       provided incident to termination of employment, performance
       ratings, final sabbatical reports, or any compensation,
       including expense allowances and benefits, paid to employees of
       the public employees' retirement association.
            (II)  Work product, including all intra- or inter-agency
       advisory or deliberative materials assembled for the benefit of
       elected officials, which materials express an opinion or are
       deliberative in nature and are communicated for the purpose of
       assisting such elected officials in reaching a decision within the
       scope of their authority and including all documents, analysis,
       worksheets, and drafts prepared by the public employees'
       retirement association board or its staff or that are prepared
       by any other entity for the purpose of complying with reporting
       requirements of the government accounting standards board;
       and
            (III)  Information regarding real estate, private equity,
       private debt, timber investments, and mortgage investments by
       the public employees' retirement association until the
       transaction is completed, if it is determined by the association
       board of trustees that disclosure of such information would
       jeopardize the value of the investment.
            (2)  All official meetings of the public employees'
       retirement association board of trustees and all informal
       meetings of trustees where the number of trustees present
       equals a quorum of the board are open to the public.
            SECTION 2.  Each elector voting at said election and desirous of
       voting for or against said amendment shall cast a vote as provided by law
       either "Yes" or "No" on the proposition: "Shall there be an amendment to
       the Colorado constitution concerning public access to certain information
       regarding the public employees' retirement association?"
            SECTION 3.  The votes cast for the adoption or rejection of said
       amendment shall be canvassed and the result determined in the manner
       provided by law for the canvassing of votes for representatives in
       Congress, and if a majority of the electors voting on the question shall
       have voted "Yes", the said amendment shall become a part of the state
       constitution.