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2017 IEC Notes

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

Next meeting

The next meeting of the IEC is May 5, 2017 at 9am in the Carr Judicial Center, 1300 Broadway, Denver. [Agenda].

NOTES

January 23, 2017

The IEC holds its first monthly meeting of 2017 with all five commissioners present. After administrative updates from the Executive Director, the commissioners discuss press coverage of the recently-issued Position Statement 16-01 (home rule ethics codes). The Commission then discusses and suggests a number of revisions to a draft response to the advisory request 15-12 (Aurora City Council), which prompted the year-long deliberation over home rule ethics codes. After further changes, the IEC votes 5-0 to approve Advisory Opinion 15-12 which states that a state employee is governed by Art. XXIX at all times regardless of what the Aurora city ethics rules might permit for city councilpersons. The opinion avoids applying the new Position Statement 16-01 standards to Aurora’s city ethics rules and says that issue does not need to be addressed to answer the advisory request.

The IEC holds a number of initial votes on whether certain filed complaints are frivolous or should be subject to a Commission investigation. Commissioners voted 5-0 that Complaint 16-13 (Glendale City Council) was not frivolous and directed staff to start an investigation, including application of Position Statement 16-01 to this home rule city with its own ethics rules. The IEC updates on Complaint 16-20 (Rep. Ransom) that the respondent response is due March 24 and then the investigation will proceed and a hearing will be scheduled. Five other complaints were voted frivolous by Commissioners and kept confidential.

March 6, 2017

The Commissioners start the IEC monthly meeting with a staff report from the Executive Director who reports that the live streaming audio is not functioning despite testing prior to the meeting. After brief budget updates, the ED reminds Commissioners that officer elections will occur at the April 3 meeting. The IEC discusses a submitted Advisory Request 17-02 from Jefferson County officials regarding possible corporate sponsors for a county budget and finance conference. The requestor answers questions from Commissioners and then agrees to return with a revised request with specific proposals before the IEC issues a written opinion. The IEC also asks questions of Rep. Jonathan Singer, the requestor of Advisory Request 17-03 regarding government meeting space paid by a third party. Commissioners give informal guidance that there is no ethical problem raised by Rep. Singer attending as a moderator at an event given by, and paid for by, an outside citizen group. The IEC is still drafting a written response to the bigger question asked regarding town halls in space paid by non-governmental sources.

The IEC then considers a Draft Position Statement which would detail implementation of Position Statement 16-01 regarding home rule ethics codes. Commissioners debate whether to implement a cure period or apply the standards retroactively and how complaints will be processed under the new position statement standards. The Commission decides to publish the draft for public comment and discuss further at the April 3 meeting. The IEC also considers a Draft Position Statement regarding the determination of when a complaint is frivolous under IEC Rules, but Commissioners do not move forward with public comment or further consideration of that proposal at this time.

The IEC considers two complaints in executive session, Complaint 16-02 continues to be held for further consideration without any frivolous vote, while the other was dismissed as frivolous and outside IEC jurisdiction. The Commissioners end the session with a lengthy closed executive session regarding “Legal Updates and Training from the Office of the Attorney General”.

March 27, 2017

Colorado Ethics Watch files public comments in response to the Draft Position Statement implementing Position Statement 16-01. Ethics_Watch_2017-03-27

April 3, 2017

Colorado Ethics Watch files public comments in response to the Draft Position Statement implementing Position Statement 16-01. Ethics_Watch_2017-03-27