Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

O_EthicsComm_2021A 06/25/2021 09:00:00 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
OTHER COMMITTEE COMMITTEE ON ETHICS COMMITTEES
Date 06/25/2021
Attendance
Cooke X
Hansen X
Lundeen *
Winter E
Gonzales X
Time 09:00:00 AM to 10:27:34 AM
Place SCR 352
This Meeting was called to order by Gonzales
This Report was prepared by Elizabeth Burger
Hearing Items Action Taken
Introduction and Opening Remarks Committee Discussion Only
Review of Procedures, Standards, Criteria Pursuant to Senate Rule 43 Committee Discussion Only
Review of Committee Time Line Committee Discussion Only
Consideration of Rules of Procedure Committee Discussion Only
Discussion of Next Steps Committee Discussion Only

Introduction and Opening Remarks - Committee Discussion Only
09:02:19 AM  
Senator Gonzales
called the meeting to order and reviewed the meeting agenda.  She
noted that Vice-Chair Winter is not able to particiapte today.  She
reviewed the timeline for reviewing the complaint.  A notebook of
materials were provided to the committee, which can be found in Attachment
A.
09:04:22 AM  
Jennifer Berman, Office of Legislative Legal
Services (OLLS), reviewed the services available to the committee from
OLLS.



Review of Procedures, Standards, Criteria Pursuant to Senate Rule 43 - Committee Discussion Only
09:05:58 AM  
Senator Gonzales explained that the committee
was initially formed on June 9, but the committee was re-formulated on
June 17. The timelines that apply to the committee are based on the June
17 date. Ms. Berman described the provisions of Senate Rule 43 and explained
that a complaint filed in April was not dismissed by Senate leadership
and an ethics committee was formed. The person who is subject to the complaint
may file a response, and Ms. Berman noted that Senator Gardner had done
so within the applicable timeframe.

Ms. Berman explained that Senate Rule
43 provides a two-step process. The first is a preliminary investigation
that must be concluded within 30 days of the appointment of the Ethics
Committee. The second step is an evidentiary hearing that only happens
if the committee determines that there is probable cause to proceed. The
preliminary investigation cannot consider testimony or other evidence from
other sources, including any materials that were volunteered to the committee
and were not provided to the committee upon its request. The committee
is determining whether there is probable cause that there was a violation.
If there is no probable cause, the committee must dismiss the complaint.
If there is probable cause, the committee must notify Senator Gardner.
09:11:11 AM  
Ms. Berman discussed the probable cause standard. She described the evidence that the committee may consider during its review.
09:13:26 AM  
Senator Lundeen asked about the timeline
specified by Senate Rule 43, and Ms. Berman provided information about
initial review of the complaint by Senate leadership, explaining that the
investigation portion commenced when the committee was formed.  Senator
Lundeen asked if the committee could make a determination about the complaint
at today's meeting, and Ms. Berman noted that it is an option for the committee
to determine at today's meeting whether probable cause exists.  Alternatively,
the committee could request additional evidence.
09:18:23 AM  
Senator Cooke noted that the complainant
submitted a response to Senator Gardner's response, and Ms. Berman noted
that the complainant's document is not permitted to be considered under
the process outlined in Senate Rule 43. Senator Cooke asked if witnesses
can be called if the proceedings enter an evidentiary phase, and Ms. Berman
responded that the committee may call witnesses.
09:20:20 AM  
Bob Lacker, OLLS, gave an overview of the
process if the committee makes a determination that probable cause exits
to go forward. If that determination is made, Senator Gardner may request
a hearing within seven days, and appear, cross examine witnesses, and be
respresented by counsel. The committee may take testimony under oath, issue
subpoenas, and hire counsel. Mr. Lacker noted that the committee is subject
to the provisions of the Colorado Open Records Act (CORA) and the Colorado
Open Meetings Law (OML). He  discussed the notice provisions of the
OML. He discussed the requirements related to executive session, noting
that the pertinent rules regarding executive session do not appear to apply
to the committee's proceedings.
09:24:19 AM  
Mr. Lackner considered by discussing CORA.
He noted that records discussed in the meeting may become public records.
He noted that OLLS is maintaining a notebook of materials that are public
records and available to the media.



Review of Committee Time Line - Committee Discussion Only
09:26:38 AM  
Ms. Berman continued by discussing the draft
proposed timeline for the committee's work. She highlighted important deadlines
for the committee, noting the committee has 30 days to complete a preliminary
investigation.  This date falls on  Monday July 19.
09:29:25 AM  
Senator Gonzales asked for committee discussion
on the proposed timeline. Committee members commented on the timeline.
The committee discussed scheduling additional meetings, and Senator Gonzales
asked if the committee members would like to request additional evidence.
Ms. Berman clarified that evidence is requested by the committee, and the
committee does not issue subpoenas for evidence.  Senator Gonzales
asked if committee members would like additional evidence, and she asked
about reaching out to the State Court Administrator to determine how many
requests the office receives from legislators. Senator Lundeen stated that
he may have conclusive information on how to proceed without seeking additional
information. Senator Cooke asked whether there was information in writing
about the reasons why Senate leadership choose not to dismiss the complaint,
and Ms. Berman and Mr. Lackner responded. Senator Lundeen asked if leadership
had any additional information other than the complaint to make their decision,
and Ms. Berman discussed the provisions of Senate Rule 43.
09:38:37 AM  
Senator Lundeen discussed the process of
Senate leadership review of ethics complaints. Ms. Berman explained that
leadership review of the complaint is essentially a screening device, noting
that the role of leadership is not to determine whether there is merit
to the complaint, but to determine whether a proper violation has been
alleged. Senator Lundeen commented on the ethics complaint process outlined
in Senate Rule 43.
09:45:57 AM  
Senator Gonzales returned to the issue of
committee timeline and the evidence to be requested by the committee.  She
asked for information on how often the State Court Administrator receives
communications from the legislature, and specifically from members of the
House and Senate Judiciary Committees to have as context for consideration
of the complaint.  She requested that the Ethics Committee receive
this information by July 2. Senator Hansen asked for information on non-legislative
requests of  the State Court Administrator.  Ms. Berman noted
that OLLS would request the number of annual contacts, and ask the State
Court Administrator to categorize them. Senator Lundeen noted that public
interaction with the Judicial Branch could occur in a number of different
ways. He asked for information on the number of efforts to contact the
Judicial Branch through whatever means.
 
09:51:35 AM  
The committee requested that the information
be provided by July 2. Senator Lundeen asked if it was necessary to have
future meetings. Ms. Berman noted that the decision of the committee must
be made at a public meeting. Senator Hansen shared his view that the committee
should schedule another meeting, and Senator Gonzales concurred. Senator
Gonzales noted that remote participation in Senate Ethics Committee was
not permitted. The committee discussed scheduling a meeting for July 12
at 9 am. The deadline for providing additional evidence was moved to July
7. The committee discussed holding July 12 and 13 at 9 am for potential
meeting dates and at 1 pm on on July 14. Senator Gonzales asked if Senator
Winter was able to request additional information, and Ms. Berman replied
that the committee, not individual members of the committee, must request
the evidence.



Consideration of Rules of Procedure - Committee Discussion Only
10:07:30 AM  
Senator Gonzales explained that while Senate
Rule 43 outlines the process, it does not outline rules of procedure. She
asked the committee should adopt rules of procedure, and referenced the
rules of procedure of the Independent Ethics Commission (IEC). Ms. Berman
noted that it may adopt rules of procedure but is not required to do so.
She noted the sample of IEC rules provided to the committee would only
apply if the committee proceeded to the evidentiary hearing stage. Senator
Gonzales noted that she sent a letter to the members of the Senate asking
them to refrain from talking to the committee members about the ethics
committee proceedings. Senator Hansen asked about ex parte communications
between members of the committee, and Mr. Lackner responded that ex parte
restraints would not apply to the members of the committee, but the open
meetings law would continue to apply.
10:15:47 AM  
Senator Gonzales asked if there was a desire to adopt rules of procedure, and the members of the committee declined to do so.



Discussion of Next Steps - Committee Discussion Only
10:16:36 AM  
Senator Lundeen commented on the information
provided to the committee and its sufficiency to make a decision on the
complaint.  Senator Gonzales asked that the committee hold off on
discussing the complaint until all members of the committee are present.
Senator Hansen commented on the process for the next meeting, and the review
of the evidence requested by the committee. Senator Cooke expressed his
desire to discuss the matter at today's meeting. Senator Lundeen discussed
his desire to move the proceedings forward.


10:27:34 AM   The committee adjourned.






Colorado legislature email addresses ending in @state.co.us are no longer active. Please replace @state.co.us with @coleg.gov for Colorado legislature email addresses. Details

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details