Q&A with Representative Terrance Carroll

We are pleased to have Representative Terrance Carroll (D-Denver) with us today for another Q&A to close out our week of Carrolls.

Rep. Carroll was elected to his first full term in 2004 after being appointed to finish the term of Peter Groff in 2003 when Groff left the House to finish the term of Penfield Tate (whew!). Rep. Carroll is the Chair of the House Judiciary Committee and made headlines in the 2005 legislative session with his sponsorship of the Parental Leave Act.

Rep. Carroll has graciously agreed to check in throughout the day to answer your questions. We ask only that you are respectful in your questions and comments; you don't have to agree with Rep. Carroll, but you can certainly disagree in a respectful manner.

If you have a question, click on the COMMENTS link under the post and ask away. If you wish to discuss something said in the Q&A in-depth, please use the Thursday Open Thread post above for that discussion. We would like to reserve the COMMENTS section of this post for questions and answers only.

With that out of the way, on with the show...

Q&A With Representative Terrance Carroll (D-Denver)

1.   How do you feel about how the Democrats finished the session?

I feel we finished the session well. The last few days were rather hectic with the rush to finish the session early. That made for some very long days. The entire session was a learning experience for the House Democrats because we had not been in power for about thirty years. There were many who expected us to fall flat on our faces, but I believe generally we defied expectations and governed well.

2.  What surprised you about being in the majority?

As a committee chair, I was initially surprised by the amount of work required if you want to chair a good committee. It was not simply about reading the bills beforehand. As committee chair, I tried my best to minimize surprises in committee and to make the committee work as efficiently as possible. Since GAVEL, committee chairs do not have the power of the pocket veto so the most important tools at the chair's disposal is the ability to influence committee members before the hearing; controlling debate in committee; influencing legislation before it arrives in committee; control of the committee calendar; and knowledge of the rules.

3.  What do you think the Republicans did right and wrong in their first time in the minority in years?

I will start with the good. The Republicans found a message early (tagging us as anti-business) and stuck with it throughout the entire session. I don't believe it was a legitimate attack, but they stayed message focus. Initially, I thought the election of Joe Stengel as minority leader was an excellent choice. Prior to this session, Joe had a reputation has a moderate, reasonable, and pragmatic voice on the Republican side. In fact, I served on the Judiciary committee with Joe for two-years and count him as a friend.

However, his role as minority leader required him to be an attack dog and sometimes he went over-the-top and appeared to seem unreasonable. I believe this was a mistake. The Republican far-right continued to spend too much time focusing on narrow social issues. At times, the Republicans risked appearing obstructionist. For example, at the beginning of the session they spent precious time arguing against a change to House rules so that student could lead the Pledge of Allegiance prior to the beginning of each legislative day.

4. Your most publicized battle was over the Parental Leave Act, which was ultimately killed in the House. What happened to it? Will you try it again?

The Parental Leave Act is a case study in how, at times, mass hysteria rules the Capitol. By the time the Parental Leave made its way over from the Senate the anti-business mantra had taken root in the House. The business lobby used Democratic fears of being labeled as anti-business to create an aura that this bill would effectively kill business in Colorado. In fact, one business lobbyist said my bill would stall Colorado's economic recovery. This is an example of the hysteria surrounding the opposition to this bill. The idea that one bill, which would only give parents 15 hours off per year to attend parent-teacher conferences could stall Colorado's economic recovery is absolutely incredulous and without merit. Yet, some found it persuasive.

Interestingly, the some arguments were used against the Family Medical Leave Act in Congress in 1993. However, any independent and honest assessment of FMLA's impact has shown it to have had a positive impact on business. The legislature had an opportunity to actually show itself to be family friendly in a meaningful way that impacts the every day lives' of families, but passed on that opportunity. I have not decided if I will introduce the Parental Leave Act next year.

5. Democrats seem to be making a conscious effort to be seen as more pro-business, which critics would say comes at the expense of other ideals? Do you agree with this shift?

I reject the false dichotomy that you can't be pro-business and pro-consumer (pro-family, pro-worker, etc.) at the same time. This whole dichotomy is the result of a political dynamic which wrongly tries to pit business, employers, and consumers against each other. The real debate should be about creating an economic environment in Colorado which benefits all of us. I think that we can accomplish this by ensuring that our regulatory environment is not unduly burdensome. Consumers also need to be protected against the worst instincts of some businesses as they seek to expand their profit margin. Democrats, like Mayor Hickenlooper, have shown that this pro-business versus anti-business dichotomy is false.

The problem with the pro-business versus anti-business dichotomy for the Democrats is that we ceded some ground on the messaging battleground early on and struggled to regain footing. Taken as a whole the group of proposals labeled as anti-business were reasonable, measured, and sensible. It just makes good sense to allow parents time to invest in the lives of their children. There was never a reasonable or fact-based argument against Morgan Carroll's workers' compensation bill. The business lobby saw any legislation which they perceived as increasing regulation as anti-business and recited that line and avoided debating the issues on their substance.

6. You also sponsored legislation (which was killed) that would allow the state to seize the vehicle of a person driving with a suspended license for driving under the influence of alcohol or drugs. What was your rationale behind that bill, and why did it fail?

This bill was an attempt to increase the consequences for repeat drunk drivers. Unfortunately, the method we choose raised some constitutional concerns and represented a momentary lapse of judgment on my behalf. After more thought, I decided to kill the bill myself. The State still needs to address the problem of repeat drunk drivers. I will be looking at some options for next year to stiffen penalties for repeat drunk drivers.

7.  What other bills did you either sponsor or take a particularly strong stand behind?

I was most involved in issues related to criminal justice, civil justice, and homeland security. I was intimately involved in legislation to add hate crimes to Colorado's criminal codes. I am an ardent supporter of charter schools. I was the House sponsor of a bill that will standardize how high school graduation rates are calculated. I was very involved in most of the sex offender registry legislation this year. I tend to also be very involved in any legislation that has implication impacting the separation of church and state. Since my arrival at the Capitol, I have been quite involved in tort reform debates.

8.  What will be different when Democrats approach the 2006 legislative session? What are you already thinking about in terms of your own legislation for the next session?

The Democrats will go into the 2006 session more confident than we were this year. We have a year under our belts and have shown that we can lead and govern effectively. So far for next year I am focusing on specialized health and business courts. I also want to do some work on the use of performance enhancing drugs by youth athletes.

9. You were outspoken in regards to the recently announced Republican initiative to require a certain percentage of school budgets to go to the classroom. What is your opposition to this initiative plan, and how would you change it?

This proposal is completely disingenuous for the Republicans to even contemplate. The Republicans had control of the legislature for the past 30 years and never showed any inclination to assist classroom teachers. In fact, they went out of their way to oppose reasonable and pragmatic legislation which would have improved the quality of our children's educational experience. For example, they opposed efforts to decrease classroom size, increase the availability of before and after school programs, and to assist schools with purchasing new textbooks.

The proposal also takes flexibility away from local school districts to make funding decisions in the best interests of their school districts. Even more incredulous is that under this proposal coaches are counted as academic personnel and school counselors are not. The proposal also ignores the complexity of many or our urban and rural school districts charged with educating some of our most educationally challenged students. These students require support services that assist them with becoming academically successful but are not covered by the Republican proposal.

10. What's next for you in the 2006 election cycle and beyond?

I am not telling.

11. You just graduated from DU law school and are preparing to take the bar exam. Who has a worse reputation: politicians or lawyers?

I refuse to answer on grounds that it may incriminate me!

Do you have a question for Rep. Carroll? Click on the COMMENTS link and ask away...

Comments

[Ter Ducken]

Mr. Carroll, thank you for taking the time today. You mention that Republicans had a message to call Dems anti business and stuck with it. Why don't the Democrats ever have a message that they stick with to attack Republicans? It seems to me that the overall media and communications strategy for Democrats is always poor. What would you suggest for 2006? Thanks.

[bush camp]

Mr Carroll:

What were the constitutional barriers to seizing the car of a person breaking the law by driving with a suspended license? Can't the state take a criminal's car if it's a rolling meth lab?

Why not seize the cars of drunk drivers in the first place? They are using the vehicle in the commission of serious crimes that put the public in great danger.

[bush camp]

The family leave act was one of the most anti-business proposals ever. Did someone urge you to introduce that legislation, or was it your own idea?

[galo]

"The proposal also takes flexibility away from local school districts to make funding decisions in the best interests of their school districts"

Shouldn't we be more concerned about the best interests of their STUDENTS?

[Did you mean to say that?]

Rep. Carroll, was it not the Republicans and Gov. Owens who passed SB 186 that pushed accountability and improvements for our schools. And was it not Governor Owens and Republicans that increased dollars in real terms for education even before Amendment 23? Your comments in answer #9 sound like your are most concerned with the Teacher's Union Bosses than the teachers and students.

How can requiring that .65 cents of every tax dollar go into the classroom be a bad thing? Why not pay teachers in the classroom more, have smaller class sizes, and new textbooks, rather than inflated salaries for administrators and union hacks who never see the inside of a classroom yet are funded with our tax dollars.

This commen sense proposal would mean nearly $400 million dollars following into the classroom without raising taxes.

I never thought I would see the day when Democrats would be arguing against putting dollars in the classroom.

Lastly, I'm not a D or R but I do care about the education of our children.

[Terrance Carroll]

Ter Ducken,

There is a perception that Democrats are not very good at messaging. This is probably an earned reputation, at least here in Colorado. I do think we have been more successful in the past few years with message. This is most clearly evident with our electoral victories in 2004. Our message needs to continue to focus portraying our proposals in the language of values that all Coloradoans share and just on narrow and divisive social issues.

[Terrance Carroll]

Bush Camp,

I will address both of your issues in one post.

The constitutional issue with the drunk driving bill was, in reality, a phantom issue. There were some members of the committee who believed an equal protection problem was created when the value of the cars seized were unequal. I did not find this persuasive, but many members of the committee did. For me, the most problematic portion of the bill had to do with my natural distaste with asset forfeiture. I understand the Judiciary committee's concern with this bill because we should be more alert whenever the government attempts to seize the assets of its citizens.

Bush Camp I regret we disagree on the parental leave act. The anti-business tag attached to the bill, at the legislature, was an attack without very much susbstance especially in light of the amended bill. The parental leave bill is an idea Peter Groff and I have been discussing for several years.

[Terrance Carroll]

Galo & Did you mean to say that?,

The 65% proposal has a certain intuitive appeal, but ignores the reality of the complexiety of financing and operating a local school district. I agree we should make our kids the priority when we debate education. If you have followed my legislative career, then you know that I have not been unafraid to take on traditional democratic constituencies on education issue. For instance, there are many services which benefit students and their academic success but are not included as academic services in this proposal.

Did you mean to say that? your comments while well taken display a misunderstanding of Colorado's school finance act and its interaction with Amendment 23. Amendment 23 did require increases in education funding but the school finance act has been and can be manipulated in a fashion to limited Amendment 23 increases. As for the accountability and testing measures, I support those in that they help us identify where the problems are. Alone they have done nothing to improve the quality of education for Colorado's children. This year we are starting to see stagnation and decline in CSAP scores in certain categories.

[Susan B]

I want to repeat a question from the Morgan Carroll Q&A. If the budget and TABOR changes don't pass in November, what will happen in the next legislative session? Would you try to find a solution again and take it to the voters again? What is your best guess in that scenario?

thank you

[ernesto]

Regarding your parental leave bill and messaging - your bill was probably the MOST PRO-FAMILY bill this session. Everyone is pro-family, especially Republicans. Yet no one seemed to think of this and the only label out there was "anti-business." Isn't there a PR firm or something that could help the Democrats with messaging? Sorry, but they suck.

[Terrance Carroll]

Susan,

I am hesitant to venture a guess as to what will happen if the TABOR proposal fails. I is fairly certain that some tough budget decision will have to be made. There is a structural deficit which will eventually force drastic cuts if the TABOR proposal fails. If this one fails, the earliest a new TABOR proposal could come before the voters would be 2007.

[gruff]

your support of charter schools would seem out of place for a denver democrat. can you explain your position on charter schools?

[Terrance Carroll]

Ernesto,

I frequently said the parental leave bill was pro-family. However, the anti-business drum beat seemed to capture everyone's attention. The most interesting aspect of the parental leave debate were the number of folks from the "pro-family" Republican wing who opposed this bill. Apparently, the term "pro-family" is limited for use only when used as a ruse to cloak anti-gay rhetoric. The real issues affecting Colorado's families are not whether gays and lesbians enjoy legal rights, but affordable housing, quality schools, affordable healthcare, and jobs with livable wages.

[Terrance Carroll]

Gruff,

My support for charter schools is perfectly reasonable for a Denver democrat. The opposition some democrats have to charter schools is misplaced and based on false perceptions. In Colorado, charter schools are subject to annual reviews and tougher accountability standards than traditional public schools. Charter schools are by no means a sliver bullet that will automatcially drastically improve public education. Charter schools are really about empowerment and innovation especially for parents and students who feel as if they have been marginalized by the mainstream educational establishment. The results are mixed on the educational achievement of charter schools as compared to traditional public schools. This is not unexpected considering in most instances charter schools are educating the most high-risk students in local school districts. The Colorado experience has been somewhat different because when charters were first established Denver did not participate. Since then, Denver charter schools enroll a high proportion of at-risk students. Additionally, parents of charter students report a higher degree of satisfaction with the quality of their child's educational experience. In sum, I support charter schools because they represent an emancipatotry promise for families and students previously locked in a system from which they saw no escape.

[Phoenix Rising]

Thank you for participating here, Rep. Carroll.

You mention your support of charter schools, but you also say that some of the current Republican-inspired law isn't helpful to improving schools. Do you see the forced transfer of traditional schools into charter status (for educational "non-performance") as a positive step, or is a less rigid remedy sometimes a better solution?

[Coloradem]

Hi Rep. Carrol,

What is your position on legal recognition of same sex relationships and families?

[Terrance Carroll]

Phoenix Rising,

I am not a fan of the current law requiring charter school conversion for low-performing schools. The law is unfair to local school districts and charter schools. For local districts, it takes away the flexibility needed to correct the educational failings of low-performing schools. For charters, it places them in a position the charter movement was never meant to be placed in. That is charter schools are not about being better than traditional public schools. Charters are about providing parents and students with educational choice and empowerment within the public school setting. To force a conversion is antithetical to this notion.

[vladimir]

Who are you going to support to be the Democratic candidate for Governor --
Name one Black and one White current office holder you most admire and why?
Hey, I gave you some tough questions -- but you have a lot more talent and drive than many in Denver -- hope you utilize that talent and become a true leader not a mere rhetorician

[Phoenix Rising]

Excellent response! Thanks.

Tougher question, now: this State has a short history of third-party politics, and no real success stories at the State or National levels to-date. This year you passed a decent election integrity bill; is there a time in the near future where we could see an elections process reform that would encourage third parties and independent candidates such as Condorcet or Instant Runoff Voting? Do you see third parties as adding to the vitality of our government?

[Terrance Carroll]

I am going to give a commencement speech right now. I will answer the remaining questions around 6:30 PM when I return.

Thanks,
Terrance

[vladimir]

How much money have you raised for Fellow Democrats? -- Do you actually do your part and raise money or just talk a lot? -- word from many legislators is that you like to hear yourself talk but the hard work of raising money to make sure that you keep your chairmanship is something that you will not do.
--
Are you encouraging Elbra Wedgeworth to run for Auditor? Will you support her over fellow Dem Dennis Gallagher?

[freshman15]

Your caucus has a lot of new faces this year. How do you think the freshman fared during their session? What advice would you give to a young legislator who wants to move up or chair a committee?

[Terrance Carroll]

Coloradem,

I support civil unions for same-sex couples. As far as marriage, I do not believe the state should be in the business of defining marriage if marriage truly is a covenant relationship done under the eyes of God. If you accept that assumption, the state should stay out of defining which committed relationships are valid or invalid in the eyes of God. That is a decision best left for each particular faith community. The state's only role should be to protect the civil and legal rights of persons who have contracted to be in a committed relationship.

[Terrance Carroll]

Vladimir,

I will answer your questions with a single post. The African-American politician I admire most is Barack Obama because our personal stories intersect in so many ways. Both of us have had to overcome numerous obstacles to achieve a modicum of success. Additionally, Obama and I have share a similar political philosophy. I also admire the late Sen. Paul Wellstone because of his unwavering commitment to the least of these despite the political consequences.

I have not decided which democratic candidate I will support for governor. I will speak to all the potential candidates before making any decision. As far as I know, Councilperson Wedgeworth has not made any plans to run for auditor.

[politicalprincess]

Representative Carroll -

What did you find most frustrating this session as the Democrats tried to learn the ropes of being the majority party?