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Colorado Department of Law — Annual Report 2009 - page 27 / 41





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Colorado Department of Law — Annual Report 2009

State Services Section

The State Services Section of the Colorado Attorney General’s Office represents the governor, other elected state officials, the administrative parts of the judicial branch, the State Board of Education, more than 20 Colorado-supported universities, colleges and community colleges, the Public Utilities Commission and the Departments of Human Services, Public Health and Environment, Health Care Policy and Financing, Education, Higher Education, Labor and Employment, and Personnel and Administration.

Constitutional cases

During 2009, the attorneys from the State Services Section:

  • Successfully defended the State in an open records lawsuit concerning the governor’s personal cell phone records. The case is pending on a petition for review in the Colorado Supreme Court.

  • Successfully defended a constitutional challenge in state court by a nonprofit corporation to campaign finance disclosure laws pertaining to issue committees. The

    • U.

      S. Supreme Court denied review.

  • Successfully defended challenge to Colorado’s Clean Indoor Air Act by area theatres. The dismissal was upheld in the Colorado Supreme Court.

  • Continued to defend a major constitutional challenge to Colorado’s system of financing K-12 education.

  • Continued to defend a constitutional challenge in federal court to disclosure requirements in ballot-measure elections.

  • Continued to defend a TABOR challenge to the coal severance tax formula in the Colorado Court of Appeals.


Over the course of 2009, the State Services Section:

  • Continued representing the Charter School Institute. Section members reviewed six new charter school applications, resulting in the approval of one new school to open in the fall of 2009, and one new school to open in the fall of 2010. Monitored the process of selecting a new Executive Director for the Institute, the renewal of charters for two existing schools, and the non-renewal of one existing low-performing school.

  • Continued to represent the Colorado Higher Education Insurance Benefits Alliance Trust in advisory and transactional capacities.

  • Continued to represent the State’s public institutions of higher education in preparing and negotiating State contracts for various services, products, and real estate, including contracts for providing students with electronic warnings of on-campus emergencies.

  • Continued to assist the State’s public institutions of higher education with governance matters, open records and open meetings issues, policy development, faculty dismissal hearings, personnel issues, litigation and general legal advice.

  • Represented the Capital Construction Assistance Board, a newly constituted board created to administer the Building Excellent Schools Today program, which is authorized to provide up to $250 million for K-12 school construction and maintenance. In spring 2009 (award cycle 2008-09), the Board recommended and the State Board of Education approved, $85.2 million. In summer 2009 (award cycle 2009-10), the Board recommended and the State Board of Education approved $127.5 million, for a total of nearly $212.8 million.

  • Prosecuted disciplinary actions on behalf of the State Board of Education against educator license holders and applicants who violated statutory requirements, including


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