Fraternal Order of Police, Colorado Lodge 19 v. City of Commerce City

I respectfully dissent. In my opinion, the provisions of Commerce City’s charter providing for binding interest arbitration in collective bargaining agreement negotiations between the City and its police officers violate article XXI, section 4 of the Colorado Constitution. The majority’s conclusion that the binding interest arbitration provision is constitutional is contrary to both the text of article XXI, section 4 and our precedent.

I

The facts underlying this dispute are set forth in the majority’s opinion. I recount only those most relevant to my analysis.

A recent amendment to Commerce…