Referred Question 2H would expressly state in Denver's charter that the Auditor's Office may continue enforcing wage, worker protection and other workplace rights laws under City Council ordinances.
City and County of Denver
On the November 3, 2026 ballot
Kim's Recommendation
NO
Vote No on City and County of Denver Referred Question 2H
Under Question 2H, the charter would say the Auditor "shall enforce" wage, worker protection and workplace rights. The same paragraph leaves the scope of that enforcement to the council's ordinances, so each later expansion arrives with the charter behind it.
Between 2020 and 2024 the office added minimum wage complaints, then proactive investigations in high-risk industries, then any wage violation under local, state or federal law or a contract, and then subpoenas. I oppose writing into the charter an enforcement duty over Denver businesses whose scope is whatever the council later passes.
I recommend a no vote on City and County of Denver Referred Question 2H.
Kim Monson
Host, The Kim Monson Show · President, Colorado Union of Taxpayers · Colorado Voter's Guide 2026
Certified ballot question
Shall the Charter of the City and County of Denver be amended to expressly clarify that the Auditor’s Office may continue to enforce wage laws, worker protection laws, and other workplace rights laws in accordance with ordinances passed by City Council?
A yes vote means
The charter would expressly recognize the Auditor's authority to continue enforcing these workplace laws under City Council ordinances.
A no vote means
The charter's language on the Auditor's Office would remain unchanged.
A New Charter Duty for the Auditor01
Denver's charter lists the Auditor's general powers and duties in Section 5.2.1, and Referred Question 2H adds one paragraph to that list. The new paragraph (F) reads: "Wage and Workplace Rights Enforcement. The Auditor shall enforce wage, worker protection, and workplace rights, as the Council by ordinance may require."
The ballot question describes the change as a clarification that the Auditor's Office "may continue to enforce wage laws, worker protection laws, and other workplace rights laws." The new paragraph says the Auditor "shall enforce," and the City Council sets the scope by ordinance. The charter already says the Auditor "shall perform such other duties not inconsistent with the provisions of this Charter, as the Council may by ordinance require."
A yes vote adds the paragraph, with no tax, fee or borrowing attached, and it takes effect when published and filed with the Secretary of State. A no vote leaves Section 5.2.1 as it reads now.
How the Office's Reach Grew02
According to a presentation filed with Council Bill 26-0687 for the council's Governance and Intergovernmental Relations Committee, the office has enforced the prevailing wage ordinance since 1950. Denver voters made the Auditor independent by a charter amendment in 2006. On January 1, 2020, the office began enforcing the minimum wage ordinance on a complaint basis. In 2022 it gained authority to conduct proactive minimum wage investigations in high-risk industries, such as the valet, bar and restaurant sectors. The Civil Wage Theft Ordinance of 2023 extended its authority to "any wage violation in Denver, whether based on Denver law, state law, federal law, or a contract," and in 2024 the council gave the office subpoena power to help enforce that ordinance. The presentation reports that the office collected approximately $10 million in restitution and enforced the rights of more than 15,000 workers in the last 10 years.
How 2H Reached the Ballot03
The committee approved the bill for filing on May 19, 2026. The full council passed it on July 13, and the mayor signed it on July 15. Denverite reports that the council referred the amendment without opposition, with two members absent, and that Auditor Timothy O'Brien and Matthew Fritz-Mauer, who leads the office's labor division, support it.
The source is a Denver City Council committee presentation describing a proposed charter clarification of the Auditor’s wage, worker protection, and workplace rights enforcement authority.
