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"If there is a policy, there might need to be a better balance between protecting sensitive records and not inhibiting the rights of whislteblowers."
Gov. Bill Ritter commenting on the review of a new policy that forbids state employees from secretly tape-recording their co-workers in the Department of Health Care Policy and Financing, as quoted on 9News.com, 01/06/2008.

Arguments heard in ethics case

Wise defends comments from Oct. 8 meeting

By Jennifer Gilbert, The Lakewood Sentinel,
November 20, 2007

Cheryl Wise is no longer serving on Lakewood City Council, but her comments at an Oct. 8 public meeting continue to be a subject of contention.

Wise, who was term-limited after serving eight years on Council, made comments at the Oct. 8 meeting directly addressing voters regarding the race to fill her seat in Ward 1. In the roughly five-minute speech following public comment, she supported candidate Karen Kellen and admonished some candidates in other races for lies.

She got the opportunity to explain those comments and defend their intent at an Administrative Law Judge hearing Nov. 15 in Denver.

Counselors for the city and Ethics Watch presented nearly 45 minutes of the footage from the council meeting in regards to the complaint.

"It's typical to respond to what people say earlier in public comment," Wise said at the hearing. "Every time you sat in there, you get beat up when you're on council. All you hear is naysay stuff."

Colorado Ethics Watch filed a complaint against Wise that said she made an unfair contribution to a candidate's campaign, specifically Kellen's campaign. Chantelle Taylor, Ethics Watch's executive director, argued the case against John Mill and Lakewood City Attorney Tim Cox.

Taylor argued Wise's use of Lakewood resources, including the recording on the Web site and the city station KTLV8, constituted a contribution of the value of that time and the city staff's time.

"Defense would have you believe City Council is free, that there is no cost to the city for council," Taylor said. "She wasn't addressing the issues and told voters how to vote."

Mill argued that Wise did not endorse or lambaste any candidate, saying there was no violation of the Colorado Fair Campaign Practices Act.

He also said that even if she had, the value of that could not have been more than $50, something he said was exempted.

"Expressing a personal opinion by a councilwoman like Ms. Wise is permissible," Mill said. "She can do it in her own home, can do it in somebody else's home. She can do it in a public forum. She can express her personal opinion anywhere she wants."

Counselors called Lakewood city officials to testify to the cost of operations at a city council meeting to establish whether Wise used city funds. All city officials said no additional funds were necessary for the five-minute speech, something Mill argued precluded any contribution.

Taylor argued the fact funds are used to tape, broadcast and have City Council meant a contribution was made.

Judge Robert Spencer will make a decision regarding the case. Both parties will have the right to appeal the decision.

Lakewood Community Editor Jennifer Gilbert can be reached at 303-279-5541, ext. 263.


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