Eye on the IEC

2011 Timeline  |  2010 Timeline  |  2009 Timeline  |  2008 Timeline

Colorado Ethics Watch has been actively monitoring the activities of the Colorado Independent Ethics Commission (“IEC”) since the IEC first met in 2008. To provide an independent source of information about IEC activities, Ethics Watch has compiled this chronology of IEC activities and related documents submitted to or produced by the IEC. Ethics Watch will update the information regularly so please check back often.

Next meeting.  The next public meeting of the IEC is a telephone meeting scheduled for June 19, 2013 at 9:00am.

The official website of the IEC can be accessed through this link.

June 13, 2013 - The IEC conducted a public meeting to deliberate and issue decisions regarding Complaint 12-07 (regarding Secretary of State Gessler).  The IEC unanimously denied Secretary Gessler's motion to disqualify Commissioners Marshall and Grossman.  After discussion and deliberation, the IEC takes a series of votes.  The Commission finds that Secretary Gessler violated the discretionary fund statute and breached the public trust for private gain by receiving a personal payment of $117.99 in state funds without justification that the funds were used for state business by a 4-1 vote (Commissioner Hopper dissenting). The Commission also unanimously finds that Secretary Gessler violated the discretionary fund statute and breached the public trust for private gain by using $1278.90 in state funds to pay travel expenses to attend a Republican National Lawyers Committee event in August 2012.  The Commission unanimously votes that the Secretary did not violate any standard of ethical conduct by using state funds to pay for airline change fees in connection with an early return from his Florida trip.  The Commission unanimously voted to reserve judgment on whether or not the Secretary violated by any standard of ethical conduct by using state funds to pay the cancelled hotel night previously paid by his campaign.  The Commission imposes a penalty of twice the amount at issue minus the amount paid back to the state by the Secretary in May 2013 by a 3-2 vote (Commissioners Hopper and Smith dissenting), imposing a total fine of $1,514.88.  The Commission plans to meet via telephone on June 19 to formally approve the written final order reflecting these findings.

June 7, 2013 - The IEC conducts its public hearing on Complaint 12-07 (regarding Secretary of State Gessler). The IEC hears from its invesitgator and other witnesses and receives documents as evidence.  The IEC decides to reconvene on Thursday, June 13 for deliberations and a decision with regard to the Complaint.

May 7, 2013 -  The Colorado Senate confirms former Sen. Bob Bacon (D-Ft. Collins) as a Commissioner, replacing Commissioner Grossman as of July 1, 2013. His term will run through June 30, 2017.

May 6, 2013 - During its monthly public meeting, the IEC approves Advisory Opinion 13-01 (legal defense fund) by a vote of 3-2 with Commissioners Grossman and Marshall dissenting. The Commission discusses a draft response to Advisory Opinion 13-10 regarding Weld County, but directs staff to complete further revisions before voting at a future meeting.  The IEC hears and votes on numerous motions filed by Secretary of State Gessler with regard to Complaint 12-07, granting the request to exclude certain facts and allegations that were uncovered after the complaint was filed (without prejudice) and denying the requests to disqualify Commissioner Grossman for bias and to refer the proceedings to an Administrative Law Judge.  The public hearing for Complaint 12-07 is set for June 7.  The IEC also receives an update from staff about Complaint 13-03 (regarding an Eagle County Commissioner) and decides to invite the parties to argue the motion to dismiss at the July Commission hearing.

April 30, 2013 - The IEC holds a telephonic meeting to discuss various pre-hearing issues for Complaint 12-07 (regarding Secretary of State Gessler), whcih is set for public hearing on June 7.  The Commission adopts a pre-hearing order listing the legal standards of conduct that may be applied at the public hearing.  The Commission also grants permission for Secretary of State Gessler to file motions to disqualify Commissioner Grossman, to refer the case to an Administrative Law Judge, and to exclude certain issues from consideration at the public hearing.  The Commission will consider those motions at its next public meeting.  The Commission also voted to release the Executive Director's investigation report regarding the Complaint.

April 25, 2013 - The Commission publicly releases the investigative report of H. Ellis Armistead on Complaint 12-07 (regarding Secretary of State Gessler). The report addresses factual allegations but does not draw legal conclusions. 

April 19, 2013 - Secretary of State Gessler and Deputy Secretary of State Staiert file an amended complaint in Gessler II litigation alleging advisory opinions issued by the IEC at the April 8 meeting are insufficient.

April 8, 2013: At its monthly public meeting, the IEC receives a verbal interim report on the Gessler investigation and sets a hearing for June 7 at 9am. The IEC approves and releases several advisory opinions: AO 13-03 (travel paid by National Notaries Assn); A) AO 13-04 (mileage reimbursement); AO 13-07 (blind trust for family medical expenses); AO 13-08 (travel funded by nonprofits); and AO 13-09 (use of personal funds for market-price trip on private jet). The IEC also discusses advisory opinion request 13-10 from Weld County DA Ken Buck regarding the applicability of Amendment 41 restrictions on county officials.  Finally, the IEC receives an update on the investigation of Complaint 13-03 (regarding an Eagle County Commissioner).  The IEC also elects Matt Smith as Chair and Rosemary Marshall as Vice Chair effective May 1. Separately, Secretary of State Gessler files a response to the IEC's motion to dismiss the Denver District Court suit against the IEC (Gessler I).

April 3, 2013 - Secretary of State Gessler and Deputy Secretary of State Staiert file a lawsuit in Denver District Court against the IEC, asking the court to compel the IEC to rule on various advisory opinion requests. Gessler II Complaint. Exhibits to Gessler II Complaint.

March 11, 2013 - Secretary of State Gessler files an amended complaint in his Denver District Court suit against the IEC, now alleging that Article XXIX of the Colorado Constitution (establishing the IEC and the limits on gifts for public officials) is void as contrary to the U.S. Constitution. The IEC files a motion to dismiss the suit based on the original complaint.

March 7, 2013 - IEC files supplemental budget request to restore second staff position that was cut in 2011.

March 4, 2013 - The IEC in public meeting discusses advisory opinion request 13-05 regarding a possible conflict of interest from an employee of the Governor's Office of Information Technology, but delays action while the agency pursues a resolution of the matter.  The IEC votes unanimously (5-0) to deny the motions to recuse Chairman Grossman and Commissioner Marshall filed by the Secretary of State regarding Complaint 12-07 (and any other matters regarding the Secretary).  The IEC also votes unanimously (5-0) to deny the Secretary's motion to disqualify the Executive Director for bias in the investigation of Complaint 12-07.  The IEC then votes (4-1) to contract the services of an extra investigator to complete the investigation report regarding Complaint 12-07.  Finally, the IEC votes unanimously (5-0) to postpone consideration of the Secretary's motion to remove the proceedings for Complaint 12-07 to an administrative law judge.  The IEC discusses a draft response to advisory opinion request 13-01 (legal defense fund), but defers further consideration until consultation with conflicts counsel regarding the matter.  The IEC also discusses advisory opinion requests 13-03 regarding travel expenses and 13-04 regarding mileage reimbursement.  The IEC directs the Executive Director to prepare a response for 13-03 regarding scenarios presented where outside entities propose to pay travel expenses for a state official.  The IEC declines to craft responses at this time for 13-04 and the remaining scenarios in request 13-03 which concern use of state travel funds and reimbursements for local travel from state funds.  The IEC also votes Complaint 13-03 is not frivolous and instructs the Executive Director to notify the respondent.

March 1, 2013 - The IEC receives supplemental comments regarding the advisory opinion request 13-01 (legal defense fund) from Colorado Common Cause.

February 26, 2013 - Ethics Watch files a response with the IEC to the Secretary of State's motions regarding Complaint 12-07.

February 15, 2013

The IEC holds a telephonic meeting and adopts a final order regarding Complaint 12-06 (regarding a Leadville City Council member).  The IEC also issues Advisory Opinion 13-02 regarding travel to a conference.  The IEC discusses a revised draft response to Advisory Opinion 13-01 (legal defense fund), but defers voting on the matter until the next meeting.  The IEC discusses three motions filed by Secretary of State regarding Complaint 12-07.  The IEC defers releasing the investigation report on Complaint 12-07 or voting on these motions until the March 4 meeting.  The IEC states that Ethics Watch (the complainant in Complaint 12-07) may file a written response to the motions with the IEC before the March 4 meeting.

February 7, 2013 - Denver District Court denies Secretary of State Scott Gessler's request for a temporary restraining order that would have prohibited the IEC from continuing its investigation of Complaint 12-07. The Court also refused to stay the effectiveness of this ruling while the Secretary appeals to the Colorado Supreme Court.

February 4, 2013

The IEC holds a public hearing and rules no violation occurred on Complaint 12-06 (regarding a Leadville City Council member).   The IEC discusses a draft response to Advisory Opinion 13-01 (legal defense fund), but decides to take a final vote on the matter on February 15.  The IEC also discusses a draft response to Advisory Opinion Request 13-02 (travel to a conference), but decides to discuss a further revised draft on Feburary 15.  Finally, the IEC discusses Advisory Opinion Request 13-03 (staff attendance at events) and asks the requestor (the Department of State) to redraft and resubmit as separate requests based on the number of scenarios raised in the letter.

January 30, 2013 - Secretary of State Scott Gessler files suit against the IEC to attempt to block the release of the investigation report on the ethics complaint against him. The IEC agrees not to release the report at the February 4 meeting in exchange for an agreement not to proceed with a motion for temporary restraining order until February 7.

January 23, 2013

 The IEC conducts a telephonic meeting including new Commissioner Rosemary Marshall.  The IEC unanimously (5-0) votes to issue an order denying the motions to dismiss and motion to reconsider in Complaint 12-07 (regarding Secretary of State Gessler).  The IEC discusses a draft response to Advisory Opinion 13-01 (legal defense fund), but decides to discuss further at the February 4 meeting.

January 22, 2013 - The IEC receives a letter opposing the advisory opinion request 13-01 (legal defense fund) from Colorado Common Cause.

January 14, 2013 - The Colorado House confirms former Rep. Rosemary Marshall (D-Denver) as the IEC's fifth Commissioner. Her term will run through June 30, 2015.

January 11, 2013 - Speaker Mark Ferrandino nominates former Rep. Rosemary Marshall (D-Denver) to the IEC. House Resolution.

January 8, 2013 -  The IEC receives a letter in support of the advisory opinion request from the Department of State from the Office of the Attorney General.

January 7, 2013

The IEC discusses the staff investigation report for Complaint 12-06 (regarding a Leadville City Councilperson).  The public hearing for Complaint 12-06 is set for 10:00am on February 4, 2013.  The IEC approves Advisory Opinion 12-12 (Travel Paid by Federal Agency).  The IEC hears oral argument and discusses a number of motions to dismiss Complaint 12-07 (regarding Secretary of State Gessler).  Ethics Watch Staff Counsel, Peg Perl, argues against the motions and in favor of the IEC completing its staff investigation of the matter. The IEC votes 4-0 to deny each of the motions and continues its investigation.  The IEC expects to have a staff investigation report completed for discussion at the Februrary meeting.  The IEC discusses an advisory opinion request from the Colorado Department of State, requesting the establishment of a legal defense fund to be spent on the Secretary of State's legal bills.  The IEC directs staff to draft a response to be discussed in the January 17, 2013 telephonic hearing.

December 20, 2012 - The IEC receives an advisory opinion request from the Public Utilities Commission regarding travel expenses to a workshop paid by a U.S. Government agency.

December 7, 2012

The IEC discusses the possibility of adopting a CORA (open records) policy, including charging research and retrieval fees to requestors.  The Commission will discuss a draft policy at the January meeting.  The IEC approves Position Statement 12-01 (Travel).  The Executive Director gave an update concerning the investigation of Complaint 12-06 (regarding a Leadville City Councilperson) and the IEC votes to conduct a public hearing regarding the complaint at the February meeting.  The IEC votes 4-0 to deny a motion to stay the proceedings by the respondent in Complaint 12-07 (regarding Secretary of State Gessler), but also votes 4-0 to approve a request by the respondent for more time to file a response to the Complaint.  A response is due on December 21, and the IEC plans to discuss the progress of the investigation on Complaint 12-07 at the January meeting.

November 5, 2012

The IEC gives discusses Complaint 12-06 concerning a Leadville City Councilperson and instructs the Executive Director to prepare an investigation report and set the matter for a hearing.  The IEC also votes to deem Complaint 12-07 non-frivolous and proceed with an investigation.  The IEC discusses a Revised Draft Position Statement 12-01 (Travel) and invites public comment on this draft.

October 1, 2012

The IEC holds a public hearing to take comments on Draft Position Statement 12-01 (Travel). Ethics Watch and others provide spoken and written comments on the draft position statement.  The IEC extends the comment deadline to October 15. The IEC also votes 4-0 to deem Complaint 12-06 non-frivolous and proceed with an investigation.

September 20, 2012

The IEC meets telephonically and approves a Draft Position Statement 12-01 (Travel) to be released for public comment.  Interested individuals or groups may appear at the October 1 meeting to offer public comment in person, or submit written public comments by Oct. 1.  Details on the IEC website. The IEC also approves Advisory Opinion 12-09 (Acceptance of a Vehicle).

September 4, 2012

The IEC meets telephonically and approves Position Statement 12-02 (Political Events) which reminds covered individuals that gift limits apply to attendance at, and gifts offered during, political events and political conventions.  Ethics Watch Staff Counsel Peg Perl provides public comment on the proposed position statement during the call.

August 24, 2012

The IEC approves Advisory Opinions 12-11 (Acceptance of Travel Expenses from a Nonprofit) and 12-07 (Waiver of Registration Fee).  The IEC also votes 3-1 to accept a request to clarify Advisory Opinion 12-08 (Acceptance of Travel Expenses and Waiver of Registration Fee) and issues a Revised Advisory Opinion.  The IEC discusses a draft position statement regarding privately-funded travel for state and local public officials, and plans to release a draft for public comment later this month before voting to adopt a final position statement at the October meeting.

August 9, 2012 - The IEC receives an advisory opinion request from the Executive Director of the Colorado Department of Public Safety regarding travel expenses to a conference paid by a nonprofit organization.

July 30, 2012

The IEC discusses an Advisory Opinion request  from the Director of the Colorado Lottery regarding travel to an annual conference.  The IEC then approves Advisory Opinion 12-08 (Acceptance of Travel Expenses from a For Profit Entity).  The IEC also discusses an Advisory Opinion request from Office of the Governor regarding free use of a test vehicle.  The IEC again discussed a draft position statement regarding privately-funded travel for state and local public officials and requested additional revisions before taking a vote.   Finally, the IEC votes 4-0 to dismiss Complaint 12-05 as frivolous and outside the jurisdiction of the IEC.

June 28, 2012

The IEC meets telephonically and approves Advisory Opinion 12-06 (Acceptance of Travel Expenses to a Conference).

June 26, 2012

The IEC meets telephonically and discusses an Advisory Opinion request from the Colorado Lottery regarding travel by employees to an annual conference.  The IEC determines it needs to review further information before providing a response.

May 7, 2012

The IEC discusses a draft position statement regarding privately-funded travel for state and and local public officials.  Ethics Watch Director Luis Toro appears and presents comments on the issue of when an offer to pay travel expenses is a gift to the government, as opposed to the individual government official.  The IEC also approves Advisory Opinion 12-04 (Free Admission to an Event) and Advisory Opinion 12-05 (Acceptance of Travel Expenses).

April 24, 2012 -  The IEC receives an advisory opinion request from the Public Utilities Commission regarding the waiver of conference fees.

April 23, 2012 - The IEC receives an advisory opinion request from a Jefferson County Commissioner regarding travel expenses to attend a conference.

April 3, 2012

The IEC discusses a draft position statement regarding the acceptance of travel expenses, deciding to solicit further input from the public and affected officials and discuss a revised version at the May meeting.  It also approves Advisory Opinion 12-03 (travel paid by foreign government).

March 22, 2012

The IEC approves its Final Order on Complaint 11-03 (McCasky). It also approves Advisory Opinion 12-01 (conflict of interest in county purchasing).

March 19, 2012

The IEC holds an additional hearing on Complaint 11-03 against Former Jefferson County Commissioner McCasky.  The IEC finds that Commissioner McCasky violated the state ethics code by not publicly disclosing that he applied for the Director position of an organization when the County Commissioners voted to provide grant of public funds to that organization, and by voting in support of that grant.  The IEC also holds a hearing on Complaint 11-12 against the Public Trustees Association of Colorado.  The IEC issues an order requiring the Association to pay fines and provide additional notification and training to its members after providing gifts of hotel lodging that exceeded $53 per person.  The IEC discusses a draft of an advisory opinion to Logan County Commissioner Edwards, but requests additional revisions before taking a vote.  Finally, the IEC discusses a draft position statement regarding the acceptance of travel expenses.  Additional revisions to the draft will be made and presented for further discussion.

February 28, 2012 - The IEC holds a hearing on Complaint 11-01, filed by former Sen. Andy McElhany against PUC Commissioner Matt Baker. The Commission votes 3-1 (Commissioner Grossman dissenting) to dismiss the complaint. Final Order.

February 21, 2012  - The IEC receives an advisory opinion request from the Executive Director of the Colorado Department of Education regarding travel expenses paid by a foreign government.

February 6, 2012 - The IEC holds a hearing on Complaint 11-03 against Former Jefferson County Commissioner McCasky.  The IEC asks for further briefing from the parties and sets another hearing for March 19, 2012.  The IEC hears public comment and discusses an advisory opinion request from Logan County Commissioner Edwards.  The IEC approves Letter Ruling 12-01 stating that value of a ticket to a nonprofit event should be calculated as a “gift” based on the amount of the lowest cost ticket to the event available to the public.  The IEC approves Advisory Opinion 12-02 allowing travel paid by a state purchasing cooperative.  The IEC hears an update on Complaints 11-01 against PUC Commissioner Baker, and denies the motion to refer the matter to an ALJ and the motion to dismiss without prejudice. A hearing is set for this complaint on February 28, 2012.  The IEC also hears an update on Complaint 11-12 against the Public Trustee Association of Colorado.  Finally, the IEC deferred consideration of a draft Position Statement regarding travel.

January 17, 2012 - Commissioners Grossman and Smith reverse their previous decisions to recuse from the hearing on Complaint 11-01 (IREA v. Baker) under the rule of necessity to ensure a quorum for the hearing on the complaint in the absence of a replacement for Commissioner Butcher, who resigned in December 2011. The IEC discusses a letter ruling request on the calculation of the value of a ticket to a nonprofit fundraising event and an advisory opinion request on travel paid by a state purchasing cooperative. The IEC approves a stipulation regarding the hearing of Complaint 11-03 (Ethics Watch v. McCasky).

January 5, 2012

The IEC receives an advisory opinion request from The Colorado State Purchasing Office regarding travel expenses paid by a state purchasing cooperative.