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Ethics Watch Comments on IEC Jurisdiction Over Home Rule Cities

Ethics Watch Comments on IEC Jurisdiction Over Home Rule Cities

Yesterday, Ethics Watch Senior Counsel Peg Perl addressed the Independent Ethics Commission as part of the Commission’s deliberations over its own jurisdiction over home rule cities. Ethics Watch also submitted two rounds of written comments in response to the Commission’s call for comments from the public.

Section 7 of Article XXIX of the Colorado Constitution provides that home rule jurisdictions are not subject to Commission jurisdiction if they “have adopted charters, ordinances, or resolutions that address the matters covered by this article.” Home rule jurisdictions are mostly cities, including Denver, Colorado Springs, and Aurora, that have adopted city charters that allow them to enact their own laws on matters that would otherwise be governed by state law.

The issue arose due to a request for advisory opinion by a state employee who is also an elected official of the City of Aurora who asked the Commission to advise her that she remains subject to state ethics laws despite her elected position with the City. The request gave the Commission insight about the larger questions about the interaction of home rule with Article XXIX.

Ethics Watch’s view is that Section 7 requires a home rule jurisdiction to have its own ethics board and some law restricting gifts, because those topics are covered in Article XXIX. Other groups also filed written comments or testified at the meeting. The Commission has collected written comments at this link.

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