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Colorado Ethics Watch uses high impact legal actions to hold public officials and organizations accountable for unethical activities that undermine the integrity of state and local government.
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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.

Eye on The IEC

OAC LogoColorado Ethics Watch actively monitors the activities of the newly-established Independent Ethics Commission (“IEC”). To date, information regarding the formation and operations of the IEC has been difficult to find. To ensure the public has easy access to complete 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 meeting of the IEC is scheduled for 10:00 a.m., January 14, 2009, in Room 2A, 633 Seventeenth Street, Denver, CO.  Future meetings of the IEC are scheduled for January 23, 2009 and February 2, 2009.

IEC Rulemaking. The IEC Rules of Procedure went into effect September 1, 2008.

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

Dec. 2, 2008
Meeting of the IEC.  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.  Dec. 2 Agenda. Position Statement 08-03.
Nov. 24, 2008
The Denver District Court holds a status conference in the Developmental Pathways litigation.
Nov. 21, 2008
The IEC issues Position Statement 08-02, regarding when "gifts of travel" are permitted under Article XXIX, § 3 of the Colorado Constitution.
Nov. 17, 2008
Meeting of the IEC.  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 17 Agenda.
Nov. 12, 2008
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 Agenda.
Nov. 3, 2008
The IEC issues a "procedural determination" regarding Ethics Watch's complaint against Secretary of State Mike Coffman.  Procedural Determination.
Oct. 30, 2008
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.  IEC Complaint page.
Oct. 27, 2008
Meeting of the IEC.  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 27 Agenda.
Oct. 15, 2008
Meeting of the IEC.  The IEC meets in executive session to discuss pending complaints and requests for advisory opinions.  Oct. 15 Agenda.
Oct. 10, 2008
The IEC sets a hearing date of December 2 on Ethics Watch's complaint against Secretary of State Mike Coffman.  Notice of HearingIEC Letter to Secretary Coffman.
Oct. 8, 2008
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.  Ethics Watch Statement.
Oct. 7, 2008
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.
Oct. 6, 2008
Meeting of the IEC.  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.  Oct. 6 Agenda.
Sept. 10, 2008
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.
Sept. 8, 2008
Meeting of the IEC.  The IEC meets in executive session to discuss personnel issues.  Sept. 8 meeting noticeSept. 5 and 8 Minutes.
Sept. 5, 2008
Meeting of the IEC.  The IEC discusses its meeting schedule, then meets in executive session to discuss pending complaints and requests for advisory opinions.  Sept. 5 AgendaSept. 5 and 8 Minutes.
Sept. 3, 2008
Meeting of the IEC.  The IEC meets in executive session to discuss pending complaints and requests for advisory opinions.  Sept. 3 Agenda.
Sept. 2, 2008
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.  Ethics Watch statement.
Sept. 1, 2008
The IEC Rules of Procedure go into effect.
Aug. 27, 2008
Meeting of the IEC. 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. August 27 AgendaAugust 27 Minutes.
Aug. 25, 2008
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 Policy. Open Records Policy.
Aug. 22, 2008
Meeting of the IEC. 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 22 agendaAugust 22 minutes.
Aug. 18, 2008
Meeting of the IEC. The IEC discusses budget issues in open session and advisory opinion requests in executive session. August 18 agendaAugust 18 Minutes.
Aug. 4, 2008
Meeting of the IEC. 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. August 4 Agenda. Mark Davies written materials. August 4 Minutes.
July 11, 2008
Meeting of the IEC. The IEC votes to adopt its proposed procedural rules, with amendments. July 11 Agenda July 11 Minutes.
July 7, 2008
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. July 7 Agenda. Ethics Watch comments on proposed rules. Common Cause comments on proposed rules. July 7 Minutes.
July 1, 2008 Colorado Ethics Watch issues a statement on the IEC's closed-door decision to hire Jane Feldman as Executive Director. Colorado Ethics Watch July 1, 2008 Statement.
June 30, 2008
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."
June 30, 2008
Colorado Ethics Watch submits its comments on the IEC's proposed Rules of Procedure. CEW comments to proposed rules.
June 13, 2008
The IEC meets in executive session to discuss the Developmental Pathways litigation and requests for advisory opinions. June 13 Agenda. June 13 Minutes.
June 2, 2008

The IEC meets in executive session to interview candidates for the position of Executive Director. June 2 Agenda. June 2 Minutes (Amended).

May 30, 2008

The IEC files its Notice of Proposed Rulemaking with the Secretary of State's office. This begins a public comment period that will run through the public hearing scheduled for July 7, 2008 at 9:00 a.m. Proposed IEC Rules.

May 20, 2008

Colorado Ethics Watch calls upon Attorney General John Suthers to withdraw as counsel to the IEC due to a conflict of interest. Colorado Ethics Watch Press Release.

May 19, 2008

Meeting of the IEC. The IEC finishes a working draft of its rules. It sets the following schedule: Proposed rules to be published May 30 with public comments to be received no later than July 7, when a public hearing on the proposed rules will be held. The final vote on the rules is set for July 11. Attorney General John Suthers addresses the IEC regarding his office's representation of the IEC. May 19 Agenda. May 14 Rules Draft.

May 9, 2008

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

May 5, 2008

Meeting of the IEC. The IEC receives updates on budget and the executive director search and discusses rulemaking. May 5 Agenda. May 1 Rules Draft. May 5 Minutes.

April 18, 2008

IEC sends official response to request for advisory opinions filed by legislative leadership. Letter to Romanoff.

April 18, 2008

Meeting of 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. Meeting Agenda. April 18 Rules Draft. Meeting minutes.

April 18, 2008

Colorado Ethics Watch submits a letter to the IEC regarding two issues pertinent to the IEC’s rulemaking process. Colorado Ethics Watch Letter to IEC.

April 17, 2008 IEC meets in executive session to discuss advisory opinion requests. Meeting Agenda.

April 10, 2008

IEC meets in executive session to discuss advisory opinion requests. Meeting Agenda.

April 8, 2008

A group of legislative leaders (Reps. Romanoff and May, Sens. Groff and McElhany) submit twelve requests for advisory opinions to the IEC. Advisory Opinion Requests.

April 4, 2008

Meeting of the IEC. 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. Meeting Agenda. Meeting Minutes. April 4 Rules Draft.

March 24, 2008

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.

March 17 and 18, 2008

Meeting of the IEC. The IEC voted to name Fremont County Commissioner Larry Lasha (I-Florence) as the fifth Commissioner and discussed rulemaking. March 17 Minutes. March 18 Minutes. March 17 and 18 IEC Agenda.

March 12, 2008

The IEC’s counsel notifies Colorado Ethics Watch that the IEC acknowledges receipt of its February 13 complaint and will process that complaint after the IEC begins taking action on complaints and requests for advisory opinions and letter rulings. Larson letter to Colorado Ethics Watch.

March 10, 2008

A motion for rehearing is filed in Developmental Pathways v. Ritter. The filing has the effect of delaying the Supreme Court’s mandate to the Denver District Court to dissolve the injunction.

February 29, 2008

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.

February 29, 2008

Colorado Ethics Watch requests that the IEC recognize the filing of its February 13 complaint. Colorado Ethics Watch Letter to IEC.

February 25, 2008

In response to the Supreme Court decision, the IEC issues a statement that “[u]ntil 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 25, 2008

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

February 25, 2008

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.

February 13, 2008

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

February 11, 2008

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

January 23, 2008

Meeting of the IEC. 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. Meeting Minutes. Meeting Agenda.

December 11, 2007

First meeting of the IEC. The IEC elects Commissioner Nancy Friedman as Interim Chair and passes several motions relating to staffing, the search for the fifth commissioner, and rulemaking. Invited to speak before the IEC are Judge Matt Azer of the Office of Administrative Courts and Kristen Rozansky, Director of the State Personnel Board. Meeting Minutes.

November 5, 2007

Philip M. (“Matt”) Smith (R-Grand Junction) is appointed to the IEC by Supreme Court Chief Justice Mary Mullarkey.

September 6, 2007

Nancy Friedman (D-Evergreen) is appointed to the IEC by Governor Bill Ritter.

May 31, 2007

In Developmental Pathways v. Ritter, the Denver District Court enters a preliminary injunction temporarily suspending the application of the Amendment 41 gift ban and certain other provisions of Amendment 41 not related to the IEC. Preliminary Injunction Order.

May 2007

Roy Wood (D-Denver) is appointed to the IEC by the Colorado House of Representatives.

April 2007

Sally Hopper (R-Golden) is appointed to the IEC by the Colorado Senate.

April 26, 2007

SB 07-210, the Amendment 41 enabling statute, becomes law. The statute is now codified as C.R.S. § 24-18.5-101. SB 07-210 from Colorado Session Laws.

February 13, 2007
Governor Bill Ritter and Attorney General John Suthers announce to state employees the court approval of the settlement of the Boettcher Foundation lawsuit. The court agreed with the plaintiff and the State of Colorado that Boettcher scholarships do not violate Amendment 41 because the scholarship recipient provides "adequate consideration" in exchange for the scholarship. The Daniels Fund lawsuit settles shortly thereafter on similar terms. Ritter-Suthers letter to state employees.

February 9, 2007

A group of plaintiffs file suit in Denver District Court, under the caption Developmental Pathways v. Ritter, seeking an order declaring that Amendment 41 is invalid as a violation of the First Amendment. Developmental Pathways Third Amended complaint.

February 5, 2007
Boettcher Foundation files suit in Denver District Court, seeking a ruling that it may award scholarships to children of government employees under Amendment 41. The Daniels Fund files a similar lawsuit shortly thereafter.

November 7, 2006

Colorado voters approve Amendment 41. Copy of Amendment 41/Article XXIX. Amendment 41 Blue Book.

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