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2008 IEC Notes

CLICK ON THE DATE TO SEE THE NOTES FROM THAT MEETING. THEY ARE IN CHRONOLOGICAL ORDER.

January 23

The IEC discusses meeting procedures, budget and staffing issues, and procedures for rulemaking. Judge Matt Azer of the Office of Administrative Courts spoke regarding budget and staffing issues.

February 11

The IEC discusses staffing needs, whether to allow public comments at meetings, how to respond to correspondence from the public, and procedures for rulemaking.

February 13

Colorado Ethics Watch files a complaint with the IEC against Secretary of State Mike Coffman, alleging violations of ethical standards of conduct.

February 25

Meeting of the IEC. The IEC discusses the executive director search in executive session and has a public discussion regarding rulemaking.

Colorado Supreme Court issues decision in Developmental Pathways v. Ritter, stating that the court will order the Denver District Court to lift its injunction against the Amendment 41 gift ban. Under the Supreme Court’s rules, the mandate to the district court to dissolve the injunction is not issued until after motions for rehearing are ruled upon or the time period to file such a motion has passed. Supreme Court Decision.

In response to the Supreme Court decision, the IEC issues a statement that “Until such time as the fifth commissioner is seated and the rulemaking on our complaint and advisory opinion procedures is in place, the Commission will not process complaints, requests for advisory opinions or letter rulings.” IEC Statement.

February 29

In response to the Supreme Court decision in Developmental Pathways v. Ritter, Governor Ritter and Attorney General Suthers distribute a letter to state employees regarding the reinstatement of the Amendment 41 gift ban. Ritter-Suthers letter to state employees re Supreme Court A41 decision.

March 17 / 18

The IEC voted to name Fremont County Commissioner Larry Lasha (I-Florence) as the fifth Commissioner and discussed rulemaking.

March 24

Colorado Supreme Court denies the motion for rehearing in Developmental Pathways v. Ritter, clearing the way for the Denver District Court’s preliminary injunction against the Amendment 41 gift ban and other provisions to be dissolved.

April 4

IEC elects Commissioner Nancy Friedman as Chair and Commissioner Matt Smith as Co-Chair. IEC discusses its budget, the executive director search and a draft of rules.

April 8

The leaders of the Colorado House and Senate (Reps. Romanoff and May, Sens. Groff and McElhany) submit twelve requests for advisory opinions to the IEC. Advisory Opinion Requests

April 10

IEC meets in executive session to discuss advisory opinion requests.

April 17

IEC meets in executive session to discuss advisory opinion requests.

April 18

Colorado Ethics Watch submits a letter to the IEC regarding the IEC’s subpoena power and the need for an independent counsel to represent the IEC.

IEC discusses its budget, the executive director search, and procedural rules. The IEC hears three invited speakers: State Personnel Board Director Kristen E. Rozansky, State Personnel Board Member John Zakhem, and Colorado Ethics Watch Director Chantell Taylor.

IEC sends its official response to the request for advisory opinions filed by legislative leadership, declining to answer the questions posed.

May 5

The IEC receives updates on budget and the executive director search and discusses rulemaking.

May 9

The plaintiffs in the Developmental Pathways v. Ritter litigation submit a set of requests for advisory opinions and letter rulings to the IEC.

May 19

The IEC finishes a working draft of its rules. Attorney General John Suthers addresses the IEC regarding his office’s representation of the IEC. May 14, 2008 Rules Draft.

May 20

Colorado Ethics Watch calls upon Attorney General John Suthers to withdraw as counsel to the IEC due to the inherent conflict of interest arising from the IEC’s regulation of the Attorney General and members of the Department of Law.

May 30

The IEC files its Notice of Proposed Rulemaking with the Secretary of State’s office.

June 2

The IEC meets in executive session to interview candidates for the position of Executive Director.

June 13

The IEC meets in executive session to discuss the Developmental Pathways litigation and requests for advisory opinions.

June 30

The IEC posts on its website a one sentence announcement that “Jane Feldman has been hired as the Commission’s first Executive Director, effective July 1.”

July 7

Public hearing on IEC Rules. Testifying before the IEC on the proposed rules were Chantell Taylor and Luis Toro of Colorado Ethics Watch, Elena Nuñez of Colorado Common Cause, Arapahoe County Sheriff J. Grayson Robinson, and Colorado Municipal League General Counsel Geoff Wilson. Written comments are filed by Ethics Watch and Common Cause. Ethics Watch comments on proposed rules. 

July 11

The IEC votes to adopt its proposed procedural rules, with amendments. Approved 2008 rules.

August 4

The IEC hears an invited speaker, Mark Davies, Executive Director of the Conflict of Interests Board of the City of New York. The IEC also heard a report from Executive Director Jane Feldman and discussed budget issues, then adjourned to executive session to discuss pending advisory opinion requests. Mark Davies presentation to IEC.

August 18

The IEC discusses budget issues in open session and advisory opinion requests in executive session.

August 22

In open session, the IEC discusses making a supplemental budget request that could include funding for an investigator and for outside counsel on matters where the Attorney General’s office agrees it has a disqualifying conflict of interest. The IEC went into executive session to discuss pending advisory opinion requests. 

August 25

The IEC issues a notice to state government employees regarding Democratic National Convention activities. DNC Notice. The IEC also posts on its website its privacy and open records policies. Privacy PolicyOpen Records Policy.

August 27

 The IEC discusses the supplemental budget request it submitted to the Joint Budget Committee, then adjourns to executive session to discuss pending advisory opinion requests and complaints.

September 1

The first IEC Rules of Procedure go into effect.

September 2

Colorado Ethics Watch calls on the IEC to investigate its complaint against Secretary of State Mike Coffman and files supplemental evidence in support of that complaint. Call for investigation. Supplemental documents.

September 3

The IEC meets in executive session to discuss pending complaints and requests for advisory opinions.

September 5

The IEC discusses its meeting schedule, then meets in executive session to discuss pending complaints and requests for advisory opinions.

September 8

The IEC meets in executive session to discuss personnel issues.

September 9

Jeff Hotchkiss files Complaint 09-04 against the Department of Corrections.  Complaint 09-04 File.

September 10

In response to a Colorado Open Records Act request served by Colorado Ethics Watch, the IEC files an application in Denver District Court for an order disallowing disclosure of documents related to complaints and requests for advisory opinions and letter rulings.  IEC Application for Order Disallowing Disclosure.

October 6

The IEC discusses budget issues and a response to a letter from the Office of Legislative Legal Services.  The IEC approves its Position Statement No. 08-01, regarding gift ban issues.  The IEC stated that it expected to release the position statement on October 7, 2008.

October 7

The IEC issues Position Statement 08-01, regarding certain issues related to the gift ban in Article XXIX, § 3 of the Colorado Constitution.  Position Statement 08-01.

October 8

In response to the IEC’s September 10 lawsuit, Ethics Watch files a complaint against the IEC in Denver District Court for violation of the Colorado Open Records Act. The IEC issues its decisions dismissing Complaints 08-03 and 08-04.  Order on Complaint 08-03Order on Complaint 08-04.

October 10

The IEC sets a hearing date of December 2 on Ethics Watch’s complaint against Secretary of State Mike Coffman.  Notice of Hearing.IEC Letter to Secretary Coffman.

October 14

Ethics Watch requests that the IEC permit discovery in the Coffman case.  Request for discovery.

October 15

The IEC meets in executive session to discuss pending complaints and requests for advisory opinions.

October 27

 In public session, the IEC discusses budget and administrative issues related to its status as an independent commission administratively placed within the Department of Personnel.  The IEC adjourned into executive session to discuss pending complaints and requests for advisory opinions.

October 30

The IEC makes public its decision to dismiss three complaints as frivolous or on jurisdictional grounds.  The IEC had previously announced its determination that Ethics Watch’s February 13, 2008 complaint against Secretary of State Mike Coffman is not frivolous and should proceed to a hearing. 

November 3

The IEC issues a “procedural determination” regarding Ethics Watch’s complaint against Secretary of State Mike Coffman.

November 12

Meeting of the IEC. The IEC holds a brief public session and adjourns to executive session to discuss pending complaints and advisory opinion requests.

November 12

Meeting of the IEC. The IEC holds a brief public session and adjourns to executive session to discuss pending complaints and advisory opinion requests.

November 13

Ethics Watch objects to the IEC’s procedural order and failure to investigate Complaint No. 08-01. Objection to Procedural Order. Exhibits to Objection.

November 17

Addressing the complaint filed against Secretary of State Mike Coffman, the IEC again refuses to conduct an investigation, but grants Coffman permission to file several motions related to the case.

November 21

The IEC issues Position Statement 08-02, regarding when “gifts of travel” are permitted under Article XXIX, § 3 of the Colorado Constitution.

November 24

The Denver District Court holds a status conference in the Developmental Pathways litigation.

December 2

The IEC issues Position Statement 08-03, regarding special discounts.  The IEC also reschedules the hearing of the complaint against Secretary of State Mike Coffman to March 6, 2008. Position Statement 08-03.

December 10

In Case No. 08-01, Coffman files a motion to transfer the case or in the alternative, to disqualify Commissioner Roy Wood.  Motion to Transfer, etc.

December 17

In Case No. 08-01, Coffman files a motion to dismiss and a motion to determine evidentiary standard.

See Other Years

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