Today, Colorado Ethics Watch submitted written comments to the Independent Ethics Commission on its draft position statement regarding the application of Article XXIX of the Colorado Constitution, the Ethics in Government Amendment, to home rule cities. Ethics Watch told the IEC that it went too far in requiring home rule cities, such as Denver and Colorado Springs, to enact laws at least as strict as those found in Article XXIX. Ethics Watch agreed with the IEC that in order to opt out of the ethics system set out by the Amendment, a home rule city must have some sort of enforcement authority for its ethics system.
Article XXIX provides that home rule jurisdictions may opt out of the Amendment’s coverage if they enact laws “that address the matters covered by this article.” Last month, the Commission released a draft position statement that would require home rule cities to submit their ethics codes for approval and have laws at least as stringent as those found in Article XXIX if they wished to opt out from Article XXIX and IEC jurisdiction. Ethics Watch disagrees and joins other commenters in arguing that a home rule jurisdiction can have different and even weaker ethics rules so long as they have a gift rule and an enforcement mechanism.
Ethics Watch also urged the Commission not to act until it is at full strength. The empty seat on the Commission happens to be the seat reserved for a representative of local government; Ethics Watch believes the views of the local government commissioner will be very helpful toward resolving this issue.
Ethics Watch submitted two sets of written comments during the discussion phase of this process. Ethics Watch’s comments today are the first submitted since the IEC published a written draft statement.
Click here to read Ethics Watch’s comments.
Click here to read all comments filed with the Commission on this topic.