Something to remember when RTD asks you to deTABOR this Fall. A curious CORA case. I'm an agave grandfather.
Live in an RTD district? I want you to remember the below when you vote on de-TABORing the district this Fall.
Per the Axios breezer linked first below (with the audit in full linked second), a recent state audit found that, quoting, the " ... Regional Transportation District is falling short when it comes to fiscal management and oversight."
This audit's findings are summarized from the article in screenshot 1 attached.
To be fair, it's important to note a couple things. One, that RTD was in good standing up til 2022, and, two, the impression I get from this is not malfeasance but a lack of good process and planning.
But none of that minimizes the problem here. RTD will be asking those in its district this Fall to keep their TABOR surplus in perpetuity, part of the rationale being that they need that money to do what they need to do.
In thinking over your vote (and please share the link to the story/audit below with those you know who will be voting), I want you to remember this article, however.
Ask yourself if they have their house in order PRIOR to asking for more of your money. Ask yourself if what you see here gives you confidence in their ability to be good stewards of your money.
And vote according to where you come down on it.
https://www.axios.com/local/denver/2024/08/05/colorado-state-audit-rtd-financial-problems
https://leg.colorado.gov/audits/rtd-fiscal-governance
A curious CORA case.
The CFOIC article below details a recent appellate court ruling on Colorado Open Records Law. Enough drama in there for a soap opera (including legal briefs with ... gasp ... curse words!), but the important part for me was the following which is quoted in the article from the appellate decision (link left intact for reference)
"'There is not an abundance of case law addressing the standing requirements for asserting a CORA claim,' but the statute broadly states 'that all public records shall be open for inspection by any person,' unless a statutory exception applies, the appellate judges noted. The Colorado Supreme Court interpreted this language in 1974 as eliminating 'any requirement that a person seeking access to public records show a special interest in those records in order to be permitted access thereto.'”
Let me repeat the important part and I'll summarize the case: the appellate court found that there is not any need for anyone to establish a "special interest" in getting any particular record in order for you to be permitted access to said records.
You do not need to be involved in, say, law enforcement to get records on arrests. This next is a stretch any yogi would be proud of made by a non-lawyer, but I can't help but be heartened that this might hint at an illegality in trying to segregate people into "media" and "non-media" as our legislature has recently been trying. Maybe. I hope.
The context here was that a man tried to get records from CDPHE and then got a $600 estimate for producing them. He took CDPHE to court and the judge summarily tossed it. That is she (the judge) didn't even bother to hold a hearing.
The appellate ruling above (which also ties back to earlier precedent) was essentially that the lower court cannot summarily decide as it did: that someone who claims the government is illegally withholding records (or trying to do so by fee) has not suffered any legal injury because they have no legal interest in knowing what the records contain.
This latter claim apparently a decision the lower court arrogated to itself.
Correct ruling. I somehow get the sense from the article below that the man would lose his case if it does ever go to trial, but the thing about trials is that you never know.
He deserves a hearing, his day in court, and we all would want (and deserve) the same.
https://coloradofoic.org/court-of-appeals-orders-hearing-in-case-of-penniless-activist-who-refused-to-pay-state-agency-600-for-ketamine-records/
It's about that time. No matter how much they cry out, it's that time of year to cut off those outdoor cacti and succulents. No more water.
If you're going to have a lot of rain, you might consider a tarp or covering too (at least for the duration of the storm). Tough love, I know, but it's best for them.
Well, we've arrived once again at the last post until Sunday. That means, as it always does, something for fun and not related to politics.
In order to make it through winter, cacti (and agave) that live outdoors need to start using up their water and dehydrating a little so they are not plumped up and full of water come the first freezes.
To a certain extent, they will manage this themselves, but experience has shown me that it's wise to help them along by not watering them starting about this time of year.
I was out checking on Cactus Patch USA (see the picture at top) and cleaning things up. I have some Blue Speedwell and some Silver Horehound for a carpet/spilled plant effect in and among the cacti.
The cacti don't need much once the growing season is up and running, but the others grow like weeds and I have to periodically prevent them from getting out of control.
The Silver Horehound is a little better behaved than the Blue Speedwell. Mainly it needs to get cut so as to not shade things out. Other than that, it's pretty mild. The Speedwell, however, grows into and around everything and starts putting down roots. Even on top of other plants. Gotta be more strict with it.
As I figured the Speedwell had insinuated itself into places it should be: it'd grown into and over the miniature agave (see the bit circled in red). I had to pull it back out the agave and cut it off.
Glad I did, because in so doing I happened upon a pup from the agave! Had to smile. I am once again an agave grandfather.
I hope this one does better than the last one I tried to transplant. Unfortunately the first one didn't make it. not 100% sure, but I think I was asking too much of it. I think this go 'round, I will bring the pup indoors to overwinter.
That way it can have a gentler time followed by an entire growing season in its new home before it's outside for a winter. Worth a shot!
Maybe they're not too easy to get to take root and grow, but agave pups are pretty easy to transplant. I cut its umbilical, and then gently uprooted. Put it in a small plastic pot with my cactus mix. See the second screenshot of the pup in its (temporary) new home.
As with cacti, one of the hardest parts is resisting the natural temptation to water it too much. I am fortunately getting better at a gentler hand of watering as I do more gardening so fingers crossed.
That's it for now. Off to enjoy the first weekend after the start of the school year. Back at it Sunday!