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Archive for the 'Amendment 60' Tag

Unpacking the Bruce case, again

August 10th, 2010, 3:01 pm by

High-profile Denver lawyer David Lane said today that the contempt-of-court citation brought against Douglas Bruce by the Colorado Attorney General’s Office is “political.”

“The Attorney General’s Office has no love for Douglas Bruce,” he said in a telephone interview. ”I’m always suspicious of them going after somebody like this.”

But it’s important to remember what the case is really about. It began with a  campaign finance complaint filed months ago by Denver lawyer Mark Grueskin against the backers of Amendment 60, Amendment 61 and Proposition 101.

In that complaint, Grueskin alleged the backers should have formed issue committees and disclosed the financial sponsors behind the massive signature-gathering effort that led to their placement on the ballot.

Bruce was subpoenaed to be deposed in connection with the case. Despite efforts to distance himself from those measures, Secretary of State’s Office records show eight professional petition circulators responsible for gathering thousands of signatures lived for a while in a house he owns in central Colorado Springs.

Bruce tried to get the subpoena quashed. Although the administrative judge refused, Bruce still didn’t show up for the deposition.

The administrative law judge didn’t have the authority to hold Bruce in contempt and referred the matter back to the Secretary of State’s Office. That office, in turn, enlisted the aid of the Attorney General’s Office.

Thus, the AG’s Office was acting as the legal representative of the Secretary of State’s Office and didn’t have any stake  in the game other than to make sure one of the basic tools of the judicial system — a subpoena — was honored.

The AG’s Office got a court order from District Judge Brian Whitney compelling Bruce to comply with the subpoena. Process servers subsequently attempted to serve him with the judicial order 30 times.

But Bruce — never one to shun the limelight — was suddenly nowhere to be found.

Fed up with the cat-and-mouse game, the AG asked the judge to find that Bruce had been dutifully served and to issue a contempt-of-court citation.

The judge agreed. And that’s basically where things stood until Aug. 3 when David Lane waded into the fray.

The case was set for a hearing Aug. 18, but Lane asked for a week’s delay because he has some business in Gitmo.

The AG’s Office said it was willing to give Lane an extra week, but nothing more, saying “undue delay” will prejudice the state.

“One possible outcome of the contempt hearing is that the Court will impose remedial sanctions requiring Mr. Bruce to sit for a deposition and to produce documents  in the underlying administrative case,” the AG stated. “Such sanctions will be completely meaningless if they occur too close to (or after) the Nov. 2, 2010 election.”

 ”By all appearances, Mr. Bruce has made every effort to avoid providing the subpoenaed information, and retaining counsel now, over five months after he was first subpoenaed and over three months after the commencement of those proceedings, only further contributes to the delay in resolving this matter.”

To summarize, Bruce is fighting hard to avoid giving this deposition. And the question is, why?

Chalk up ten grand for anti-tax measures

July 30th, 2010, 2:01 pm by

Members of a wealthy Pueblo family have given $10,000  of the roughly $12,000 in campaign contributions received by  CO Tax Reforms, a political-issue committee that is supporting three ballot issues that would reduce taxes and limit government borrowing.

Ali Hasan, a fiscal conservative who  lost a bid this spring to become the Republican nominee for state treasurer, contributed $5,000. His mother, Seeme Hasan, also contributed  $5,000, according to interviews and campaign finance records.

Born in Pueblo in 1980 on the Fourth of July, Hasan is the son of Dr. Malik Hasan, a Pakistan-born neurologist who moved to Pueblo, Colorado, in the early 1970s with $32 in his pocket and subsequently built one of the largest health maintenance organizations in the country.

The Hasans are large contributors to Republican candidates and causes. In 2008, Seeme Hasan was appointed to the finance committee of the McCain-Palin campaign and raised $1 million, according to the Muslims for America website.

The Hasan Family Foundation, according to a Denver Post story, gave Republican gubernatorial candidate Scott McInnis $300,000 several years ago to write articles on water and do speaking engagements.

Some of his writings were found to be nearly identical to material written by Colorado Supreme Court Justice Gregory J. Hobbs, the Post revealed.

“I’m very shocked and upset over the entire matter,” said Ali Hasan. “Most of the foundation members were also upset. But we’re happy that he (McInnis) is going to pay the money back. The foundation took the water study very seriously. It was a missed opportunity.”

Hasan, a filmmaker and screenpay writer who lives in Beaver Creek, said in an interview this week he strongly supports Amendment 60, Amendment 61, and Proposition 101.

The three ballot issues would put an end to fees that Hasan alleges are essentially taxes, force local and state governments to live within their means, and greatly strengthen the 1992 Taxpayer’s Bill of Rights, he said.

Hasan is not only a fervent supporter of TABOR, but also considers its author — Colorado Springs resident Douglas Bruce –  one of his mentors and political heroes.

 “He’s one of the finest conservatives since Ronald Reagan,” he said. “I love him like a family member and he loves me very much.”

Asked about the $4.1 million raised by opponents of Amendment 60, Amendment 61, and Proposition 101, Hasan said they are going to need the money to defeat the initiatives.

He said he was confident that three measures would be approved by voters. “These are incredibly popular issues,” he said.

El Paso County Commission weighs in on ballot measures

July 20th, 2010, 8:38 am by

The El Paso County Board of County Commissioners are on record as being opposed to three ballot issues that critics say will deal a death blow to school districts, as well as local and state governments, by rolling back taxes and reining  in debt.

That says a lot because the five El Paso commissioners are among the most  fiscally conservative politicians in the state. In fact, the alleged mastermind behind the measures is one of their former board members: Colorado Springs resident Douglas Bruce.

“They just go too far,” Commissioner Dennis Hisey said of Amendment 60, Amendment 61 and Proposition 101.

Commissioner Sallie Clark said the ballot issues would impact roads, bridges, schools, libraries, water projects, fire districts, and human services. “It undoes what our forefathers envisioned as local government. It takes away our ability to manage within our budget.”

One of the measures, called Proposition 101, would not only reduce the state income tax rate, but would roll back car registration fees to $10. While Clark would like to see a reduction in motor vehicle fees, she says the reduction goes too far.

Testimony and evidence presented during a recent campaign finance hearing in Denver show that Bruce had a big hand in writing the three measures and organizing the massive-signature gathering campaign that qualified them to be put  on the ballot.

Bruce, who has denied involvement in the three measures, was ordered by Denver District Judge Brian Whitney to appear for a deposition in connection with the hearing. After 30 attempts to serve him with the court order, the judge found him in contempt of court.

A hearing on the contempt-of-court citation is scheduled to begin at 8:30 a.m. Monday in Whitney’s courtroom in Denver.

Californian was foot soldier in Issue 300

June 4th, 2010, 2:17 pm by

Issue 300, the so-called citizen initiative authored by Colorado Springs resident Douglas Bruce, got on the citywide ballot last November with a lot of help from out-of-state residents, including Michael Rhodes, city clerk’s records show

Although Rhodes was not present during a campaign finance hearing in Denver on May 24-25, spectators and witnesses heard him telling a Denver petition circulaton firm that it had a “cherry opportunity to make a stupid amount of money” by circulating petitions for three statewide measures at a conservative rally.

Rhodes is the head of ProVote America, a petition circulation company based in Los Angeles. He has not responded to emails requesting an interview.

Rhodes was the second-largest collector of signatures for Issue 300, gathering 2,162 signatures, or 14.5 percent, of the valid signatures needed to get on the ballot. Rhodes also gathered thousands of signatures for three statewide measures that will be on the November ballot.

Opponents say the measures, called Amendment 60, Amendment 61 and Proposition 101, would have a devastating impact on the state economy. Amendment 61, for example, would forbid the government from issuing bonds, which would stop big construction projects like the Southern Delivery System.

Issue 300, which ends payments to the city from its revenue-producing entities, will reduce city coffers by $100 million over the next eight years, Vice Mayor Larry Small has said.

Residents of Colorado Springs will be feeling the impact for years to come.

Former reporter Perry Swanson and I went to the City Clerk’s Office a couple of months ago and built a database of the petition circulators on Issue 300. Our research showed that at  least 14 of the 16 top signature gatherers listed below do not live in Colorado Springs. Here’s what we found:

Circulator first last  Total verified signatures  % of total
Steve Rickabaugh        2,259 15.1%
Michael Rhodes        2,162 14.5%
Jane Harwell        1,101 7.4%
Richard Riscol           927 6.2%
Catherine E. Gilsey           804 5.4%
Larry Bradshaw           775 5.2%
Jackie Glenn Hisey           676 4.5%
Rick Signorino           663 4.4%
Glenda Bittner           601 4.0%
Thomas Glenn           458 3.1%
Stephen Thompson           454 3.0%
Richard Thurston           423 2.8%
Thomas T. Glenn           360 2.4%
Chris Jones           342 2.3%
Bonnie J. Todd           337 2.3%
Shirley Harbaugh           305 2.0%
Bruce Nozolino           209 1.4%
Douglas N. Stinehagen           187 1.3%
William J., Jr. Boswell           176 1.2%
Helen P. Collins           159 1.1%
Ida C. Wieland           154 1.0%
Charles Aligaen           137 0.9%
Gregory Alan Johnson           119 0.8%
Daniel Herod             92 0.6%
Janice McLain             81 0.5%
Patricia Whitney             81 0.5%
Gordon Stewart             73 0.5%
Robert Myhren             70 0.5%
Carla Stewart             67 0.4%
Charles Sorrels             67 0.4%
Christopher E. Whitney             59 0.4%
Michael Yates             56 0.4%
Robert Clark             52 0.3%
Lewis Boughton             49 0.3%
John Adams             46 0.3%
Magnus Lane             43 0.3%
Robert Carlone             37 0.2%
Charles D.              35 0.2%
Candice Kuhn             29 0.2%
Mike Young             27 0.2%
Carl J. Fritzen             22 0.1%
Judith LeDean             21 0.1%
Gretchen Ann Kasamger             20 0.1%
John Yates             19 0.1%
Charles Cline             16 0.1%
Douglas Bruce             15 0.1%
Gergory Erie Williams             15 0.1%
Phyllis Philip             15 0.1%
Dina Bradford               9 0.1%
Zachary Roy               8 0.1%
Johnson Desani               7 0.0%

Grass-roots petition drives?

February 4th, 2010, 4:53 pm by

Out-of-state petition circulators collected almost 65 percent of the verified signatures required to put Issue 300 on the Colorado Springs ballot last fall, an analysis of the petitions on file in the City Clerk’s Office shows.

“They leave and then we stumble down the road of unintended consequences,” said Richard Skorman, a downtown businessman and former city council member.

Issue 300, which was authored by anti-tax advocate Douglas Bruce, effectively ended the Stormwater Enterprise.

Vice Mayor Larry Small said Thursday the measure will also reduce the money available in the city’s general fund by roughly $100 million or the next eight years or so. “It’s going to have a huge impact.”

Bruce has asked me not to email him or call him ever again so I couldn’t get his input for this piece.

The out-of-state circulators, who came to Colorado Springs to gather signatures for the Bruce-backed measure, as well as three anti-tax measures that will be on the statewide ballot in November, won’t talk about the organization of the petition drives or how they wound up in Colorado Springs.

“Here’s the deal. We’re in politics. We do petitions. And one of the things this fraternity does is we don’t talk about what we do. Don’t call me back again,” said Steve Rickabaugh, contacted on his mobile telephone this week.

Former Gazette staffer Perry Swanson did a computer analysis of the petitions. That analysis shows that Rickabaugh collected 2,259 verified signatures, or 15.1 percent, of the signatures verified for Issue 300.

Six of the out-of-state circulators – including Rickabaugh — lived in an apartment house Bruce owns on Boulder Street, according to affidavits on file with the City Clerk’s Office.

To most people, the signature-gathering process seems like the very bedrock of grassroots democracy. Reflecting that sentiment, U.S. Supreme Court noted a few years back noted that the right to petition is at “the zenith of our system of ordered liberties.”

But these days, petition drives, particularly when they deal with money issues, are cloaked in secrecy and often resemble stealth campaigns where both the financial backers and nomadic circulators prefer to remain anonymous.

“We’re putting issues on the ballot. We don’t want reporters getting involved,” said one veteran petition collector who asked that his name not be used because it could hurt his ability to make a living.

Opponents of the statewide measures – known as Amendment 60, Amendment 61, and Proposition 101 — have filed campaign finance complaints with the Secretary of State’s Office, demanding to know who the backers are. The complaints are scheduled to be heard in late March or early April.

Larry Bradshaw, another veteran petition circulator who came to Colorado Springs last summer to gather signatures for Issue 300 and the three statewide measures, lived for a while at the Chateau Motel on south Nevada Avenue.

Bradshaw and another man named Richard Riscol, who is still living at the motel, collected 1,702 verified signatures for Issue 300, or 11.4 percent of the total.

Bradshaw and Riscol were unwilling to discuss their activities. “I don’t talk about my work. I like to keep my business private,” Bradshaw said when contacted on his mobile telephone. Riscol also declined to comment through the front-desk clerk.

Jane Harwell, another former Boulder Street resident, would not say anything at all about her petition-gathering efforts.

“How’d you get my number?” she asked before hanging up.

Even the notaries public who notarized the affidavits that the circulators turned in with their petition packets were tight-lipped.

Jennifer Gleason, contacted in person at her residence on South Willamette, said, “I did it as a part-time job.”

She then opened the front door to her apartment house. “You can go now.”

(Perry Swanson contributed to this report.)