Commentary and Analysis Regarding Colorado Law

Many local governments have determined within the past few weeks to send a ballot issue or question to their voters in the November 2016 election.  This act of setting the ballot language for the issue or question triggers the application of the Colorado Fair Campaign Practices Act (“FCPA”) (§ 1-45-117, C.R.S.)  For the local governments, this means that they are expressly prohibited from expending public funds to support/oppose any candidate for public office and any ballot issue before the voters.  This include a prohibition on contributions of public funds and contributions of “in kind” public services.

However, the FCPA does permit the expenditure of public funds/resources and the use of public employees' time/resources only for the printing of a factual balanced and fair summary which includes arguments both for and against a proposal on any issue of official concern before an electorate.  The summary cannot urge a vote in a particular manner (“VOTE YES”).  It should be noted that unless the matter is referred to your voters by your board, it is not of “official concern” and therefore funds could not be used to prepare arguments for or against a statewide ballot issues.  Of further note is that this is in addition to the TABOR comments which are received from the public in support or opposition to a tax measure.

Lyons Gaddis is pleased to announce that Cameron A. Grant has been elected as the firms’ new Managing Shareholder, effective July 1, 2016.  Mr. Grant succeeds Anton V. Dworak, who served as Managing Shareholder for 8 years, and joins his colleague, Catherine A. Tallerico, on the firm’s Management Committee.  During Mr. Dworak’s tenure he oversaw the expansion of the firm’s services, the opening of a Louisville office and the construction of an addition to the firm’s Longmont offices.

Mr. Grant returned to the firm three years ago.  Prior to rejoining Lyons Gaddis, Mr. Grant served as Managing Partner of Grant, Grant & Goiran and of Donelson, Ciancio and Grant, where he built his regional practice focusing on real estate development, transactions and business matters.  His real estate work involves the representation of real estate developers, investors, contractors and owners in connection with the acquisition, development and management of real estate projects, including residential subdivisions, condominiums, master-planned communities and office buildings. Cameron’s business work involves transactions of all sizes, including joint ventures, business structure and strategy, and general corporate counseling.

TIME FOR EMPLOYER’S TO REVIEW “USE IT OR LOSE IT” VACATION POLICIES

Submitted by Catherine Tallerico.

On January 1, 2015, a new Colorado Wage Protection Act (“Act”) went into effect, expanding wage claims under the Colorado Wage Act.  The Act gives the Colorado Department of Labor & Employment, Division of Labor (DOL) new enforcement authority to adjudicate complaints for unpaid wages, including earned vacation time.  The DOL’s authority to adjudicate vacation pay claims arises from the Wage Act’s definition of “wages” to include “vacation pay earned in accordance with the terms of an agreement.” Additionally, “if an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee.” Colo. Rev. Stat. § 8-4-101.

Last summer, the DOL made statements indicating an intent to find “use it or lose it” vacation policies in violation of the Act.  Such statement would have constituted a change in the DOL’s prior position in which it had permitted such policies so long as the risk of forfeiture was clearly set forth in an agreement.

Our enterprising (and athletic) attorneys find a variety of ways to keep working despite the major snowstorm to hit the Colorado front range this week.  Some work from home, others test their snow tires, but a brave and healthy few turn the storm into the first official Lyons Gaddis Ski to Work Day.

Photo and snowbound fun courtesy of Madoline Wallace-Gross and Matthew Machado.

So, Now You Are a Winner?

Submitted by Cameron Grant.

Do not deny it.  You have already thought through (at least briefly) what you would do if you won the estimated $1,500,000,000 PowerBall jackpot.  Yes, that is $1.5 BILLION.  Would you start by buying yourself some new toys?  That Ferrari?  A new house?  Heck, how about an island?  My eldest son is currently working on college scholarship applications and I let him know that if I win PowerBall he can tear up those essays because I will simply buy him Georgetown University.  But, seriously, what should you do if you win?  In his post on the subject, Texas Tech law professor Gerry W. Beyer offers some practical suggestions for What To Do After Winning the Lottery.  Professor Beyer recommends the following: