“…formation of public policy is public business and may not be conducted in secret.”

C.R.S. § 6-4-401

I have been heartened and disappointed by reactions to the Colorado Open Meeting Law (COML) suit that state Rep. Elisabeth Epps and I filed against Colorado’s legislature.

Colorado’s voters enacted COML through a citizen initiative in 1971 by a 20 point margin. Politicians immediately chafed at requiring that they conduct public business publicly. A state senator immediately sued to declare the law unconstitutional for violating First Amendment rights of elected officials. But in 1983, Colorado’s Supreme Court definitively ruled that COML applies to the legislature and legislative caucuses.

Lawmakers, however, have been ignoring COML requirements for years.

I am not a persnickety Dudley Do-Right. I’ve served in places where morally gray decisions often must be made. And we are all fallible. Forgiveness of transgressions with the hope that we can do better is something to which we should all strive. (John 8:3-11, KJV). But after becoming a COML expert through holding Douglas County’s Board of Education accountable for their illegal conduct violating COML, ignoring extensive COML violations in the legislature was too much hypocrisy to bear.

And there are reasons for these laws. Ignoring COML serves the self-interest of politicians to advance polices they prefer, but it undermines trust in government necessary for people to respect those policies. COML also serves the interest of all citizens, but particularly those who lack “special access” to the closed door meetings which COML forces open.

Among supporters and detractors of the lawsuit, I note a striking dichotomy. Those who currently, or traditionally, have access to closed meetings where policy is made are angry that I am “rocking the boat”. They would prefer I stay quiet and become one of those privileged with a seat at these closed meetings. By contrast, traditionally marginalized individuals and groups have been the most supportive. When back-room deals are cut, it is not the little guy whose interests are represented. Those who traditionally, and still too often, are left out of policy-making viscerally understand the need for open transparent government.

The goal of electoral politics should not be to win a back-room seat to ensure that your interests and those of your supporters are advanced to the exclusion of others. Becoming a real-life “Animal Farm” parody where one wins power, but then you are no different than those who were there before you, is unacceptable.

It is easy to “do the right thing” when it benefits yourself. It is more difficult when it not only gives up a privilege you have, but will likely extract a high cost. I expect to pay a high price for upsetting the decades-long bipartisan power structure with this suit. But I am blessed to represent a district with exceptionally savvy voters. I likely could not be who I am, or take the actions I do, had I been elected from a different district. I believe Highlands Ranch constituents understand and support good governance, fairness, due process, the rule of law and open transparent government. And support the action that I have taken.

State Rep. Robert Marshall of Highlands Ranch represents House District 43 in the Colorado General Assembly.