Decision boils down to purpose of e-mail sent to candidates

Legal action in an ethics complaint against Broomfield could balance on the less-than-definitive distinction between candidates and community members.

Arguments and hours of testimony at an administrative law hearing Thursday boiled down to whether city staff -- who in October provided information to select City Council candidates for an election forum -- were providing information to members of the public or promoting campaigns.

Special counsel Kevin Paul contended Broomfield staff was continuing a longtime policy of communication and customer service to residents by providing four candidates with information on Section 8 housing, transportation and zoning issues in advance of an Oct. 10 forum hosted by F.R.I.E.N.D.S. of Broomfield, an advocacy group for the developmentally disabled.

"Any citizen can walk through the door and request information," Paul said in his closing argument. "That has been the policy. Where else would you get information about zoning if not from the city government?"

But Chantell Taylor, of Colorado Ethics Watch, the group that filed the complaint, said city staff crossed the line between helping and promotion when they compiled and distributed answers in direct response to forum questions.

"This goes beyond just answering a few questions about Section 8 housing," she said. "The key difference is that everyone that worked on this with city staff was well aware that this was for a candidate forum. The purpose was clearly political."

Administrative Law Judge Robert N. Spencer has 15 days from the hearing to rule on whether staff action violated the Fair Campaign Practices Act, which prohibits governments and other political subdivisions from contributing anything of value for the purpose of promoting a political campaign.

"I don't think I'll have much of a problem finding a thing of value was given," Spencer said in response to a motion by Paul to dismiss the complaint. "However, I think there is a legitimate issue regarding purpose. I'm not ready to rule on that yet."

The incident behind the complaint began when mayoral candidate and former council member Clark Griep met with City and County Manager George Di Ciero and asked "if the city had information regarding the subject in the questions," according to Di Ciero's testimony.

Di Ciero then gave a printed copy of the questions to Assistant City and County Manager Kevin Standbridge and asked he gather the information, Di Ciero said.

The information was eventually forwarded to council members -- including incumbents running for reelection -- and then-Mayor Karen Stuart.

Mayoral candidate and now-Mayor Pat Quinn and Ward 4 candidate Judy Enderle testified they, because they weren't given the answers, appeared less prepared for the forum than Griep and incumbents Linda Reynolds, Walt Spader and Lori Cox.

"I was angry because my opponent had a cheat sheet provided by staff at the forum and he looked better than I did," Quinn testified. "I took it personal. I felt I had been duped."

Di Ciero said deleted the e-mail in which he forwarded Griep the answers.

The issue came to a head at an Oct. 15 forum held by the Broomfield Women Democrats, where Quinn publicly vented his frustration over the e-mail. Shortly after, the Ethics Watch complaint was filed.

If the judge finds the city's actions in violation of the law, it would create an "extreme incongruity" by limiting what information the city could provide to candidates, Paul said. Some of that information might be required to be made public according to the Colorado Open Records Act , he said. Furthermore, there was no evidence that pointed to the city's express purpose of supporting any candidate, he argued.

Taylor countered a ruling for the city would set a precedent of putting city staff at the disposal of every candidate and the deleted e-mail that was "curiously missing" might have elucidated Di Ciero's purpose.

"This is not to say a candidate can't ask questions," she said. The line was crossed, she said, when staff -- with the city manager's approval -- did research for candidates.

Paul and Taylor have until Jan. 10 to submit final written statements to the judge, who will issue a written opinion on the matter.

Colorado Ethics Watch has asked for sanctions equal to the cost of staff time to compile the information -- estimated to be less than $200 -- and a court order to keep the city from repeating the action.

"This isn't a matter of heavy sanction," Taylor said. "It's a matter of principal."