Editorial in today's Sunday Camera, by my friend Ralph.

If you have registered with the Camera, here's the URL :
http://www.dailycamera.com/bdc/opinion/article/0,1713,BDC_2401_5065848,00.html


The government belongs to citizens

Amendment 38 would protect first and second powers

By By Ralph Shnelvar
October 15, 2006

In its Oct. 12 editorial, the Daily Camera gave reasons that you should not
vote for Amendment 38. I want to counter some of those arguments. Alas,
space does not permit me to address each one.

Readers should know that we had wise framers of our state Constitution.
These people had learned by bitter experience that the government, in
general, and the legislature, in particular, had been taken over by special
interests. They wanted to fix that problem.


In Article V of our state Constitution (You should read it!) the framers
wrote, "The first power hereby reserved by the people is the initiative
...." The initiative is the process whereby citizens introduce laws that
they want. "The second power hereby reserved is the referendum ...." This is
the equally important process whereby The People can stop a law from going
into effect.

The Camera wrote, "The amendment would allow citizens to submit petitions at
every level of government, giving political activists new leverage to
challenge and possibly undo the decisions of elected officials in counties,
towns and local school districts." Yes, Amendment 38 would do that. We
desperately need that check on local government.

Did you know that it is currently impossible to submit an initiative at the
county level? If you are like me and are outraged that the county has spent
vast sums of money on insecure voting equipment and you want the county to
hand-count votes, there is currently no mechanism to force the county to do
so. Amendment 38 fixes that problem.

Amendment 38 is a scalpel. If you generally like our county commissioners
then you get to keep them at the next election. You also get what you want:
hand-counted ballots if a majority of the voters agree with you. Just
knowing that an initiative is in the works would give the citizenry a bit
more influence on our representatives.

The initiative and referendum processes are important checks on
out-of-control governments. The mere presence of the referendum process
causes our currently out-of-control Legislature to slap an "emergency"
clause on the vast majority of bills that they write. A cynical Legislature,
by adding this wording to bills, thus constitutionally stops the referendum
process.

Amendment 38 stops that abuse by limiting the number of emergency bills that
any legislative body can pass in a year.

The Camera wrote, "Amendment 38 would prohibit any public employee from
using public equipment or staff time to 'discuss' pending petitions. Under
current law, a public employee may not engage in election advocacy, but they
may answer 'unsolicited questions' about ballot issues. Each violation of
that proposed ban would be punishable by a $3,000 fine levied on the
offending employee and the government entity."

What the Camera did not say is that — although the law prohibits it — the
law has no teeth, and thus local governments and officials routinely take
advocacy positions and spend money to promote a particular position for an
initiative or a referendum. To me — and I hope to you — it is wrong for
government to take tax money to promote a position. It would be like the
Boulder City Council voting to contribute funds to the Libertarian Party.
Although I'd like that a lot, it would still be wrong.

The Camera wrote, "As we've noted before, 38's clear if unstated purpose is
to throw sand in the gears of government." This is wrong. To use another
mechanical metaphor, the clear purpose of Amendment 38 is to give voters the
ability to press on the brakes when the gears of government are being
stripped by special interests.

Many of you were outraged that the federal government was spending tax
dollars to fight Amendment 44 (marijuana decriminalization). I hope you feel
equally outraged when government spends its nearly unlimited funds to gore
someone else's ox.

Just read the Camera's own words from its Sept. 3 editorial:

"The question is whether it is proper for a federal worker to invoke his
employer's name and use a government phone line and e-mail account to try to
defeat a citizen initiative. And the answer is 'no.'"

Then form your own conclusion on the merits of limiting the power of
government officials to use their office to sway voters.

The framers of our state Constitution gave us all a precious gift: The first
and second powers reserved to the people. Protect that gift. Pass on that
gift to your children by strengthening the process and making it more
transparent and fair.

Vote a resounding yes to Amendment 38 and give the citizens the tools that
our wise framers had in mind.

Ralph Shnelvar is a Boulder resident.


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