Caldara demands tax info for suit

Berny Morson, Rocky Mountain News

Thursday, August 2, 2007

Think tank director Jon Caldara today demanded school districts and counties release information that could be relevant in a suit to stop Gov. Bill Ritter's program to generate more property tax revenue.

Caldara said the request under the state open records law is a step toward such a suit.

"There definitely will be a lawsuit," Caldara said. Denver attorney Richard Westfall will represent him.

Ritter's spokesman, Evan Dreyer said the governor is "extremely confident" he will prevail in a suit.

A bill approved by the legislature at Ritter's urging freezes property tax rates in most school districts. The rates would otherwise decline under a 1994 school finance law, reducing the amount property pay in taxes.

Caldara claims Ritter's plan required voter approval under Colorado's Taxpayer's Bill of Rights. TABOR requires a vote on any tax policy change that raises more revenue for the state or a district.

Ritter counters that voters in 175 of 178 school districts waived such votes on the school portion of their property taxes in separate referendums over the years. Their property tax rates would have been frozen had it not been for the 1994 school finance law.

The information Caldara is seeking is the specific wording of the referendums submitted to voters in each school district.

He believes voters were asked only to allow school districts to keep money they realized in excess of spending caps, not to let tax rates rise and generate more money.

Caldara is also asking for letters school district or county leader sent to voters explaining the referendums.

Earlier in the year, Attorney General John Suthers said he believes Ritter's tax plan needs voter approval.