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"If there is a policy, there might need to be a better balance between protecting sensitive records and not inhibiting the rights of whislteblowers."
Gov. Bill Ritter commenting on the review of a new policy that forbids state employees from secretly tape-recording their co-workers in the Department of Health Care Policy and Financing, as quoted on 9News.com, 01/06/2008.

CCEG Calls Secretary Coffman’s New Policy Unconstitutional

Policy should be repealed and state law enforced

For Immediate Release:
May 21, 2007

DENVER – Colorado Citizens for Ethics in Government (CCEG) today called on Secretary of State Mike Coffman to repeal sections of a new internal policy he announced in the wake of allegations that one of his top staff operated a partisan side-business. CCEG says the policy is unconstitutional.

Portions of the new policy prohibit state employees from making contributions to a partisan organization or political party, candidate for a partisan office, or an organization that is working for or against a statewide ballot initiative or a referendum. The Supreme Court has held in Buckely v. Valeo, 424 U.S. 1, 19, 22 (1976) that limiting contributions is an unconstitutional impingement on First Amendment rights.

“In a hasty attempt to prevent political fall-out from the allegations facing his office, Secretary Coffman imposed a new policy on his staff that is blatantly unconstitutional,” said CCEG Director Chantell Taylor. “The ability to make a contribution is a constitutionally protected freedom of expression and association that extends to every citizen, including public employees.”

“State law and personnel rules are already in place to prevent public employees from engaging in outside activities that are incompatible with their official duties. Secretary Coffman should immediately repeal his new policy and instead pledge to follow and enforce the laws already on the books.”

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Colorado Citizens for Ethics in Government (CCEG) is a non-profit, legal watchdog group dedicated to holding public officials in Colorado accountable for their actions. For more information, please visit www.coloradoforethics.org or contact Chantell Taylor at (303) 626-2100 ctaylor@coloradoforethics.org

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