Amendment 41 bill signed

Measure clears way for creation of ethics panel

Lynn Bartels And April M. Washington, Rocky Mountain News

Friday, April 27, 2007

Colorado is on its way to creating an ethics commission, hopefully ending six months of utter confusion about what gifts elected officials and government workers can and cannot accept.

Gov. Bill Ritter signed a bill Thursday that supporters say brings clarity to Amendment 41.

Senate Bill 210 creates the ethics commission required in Amendment 41 and offers guidelines to commission members on reviewing complaints.

The bill's passage ends a tumultuous effort to implement Amendment 41, the so-called ethics-in-government law that voters approved last year. The amendment sparked concerns over whether government workers' children could receive scholarships or whether blizzard victims could accept donations.

"We are pleased that . . . government employees can go on with their private lives without fearing the scare tactics that suggested scholarships or blizzard relief would violate the law," said Mark Grueskin, the attorney for a coalition formed to implement Amendment 41.

Confusion arose because of how Amendment 41 was written. Even the chief backer, Jared Polis, conceded that it was poorly worded.

House Speaker Andrew Romanoff, D-Denver, said that Amendment 41 contains two conflicting passages. One outlaws elected officials, government employees and their children, and government contractors from accepting anything worth more than $50. But another provision states that the ban is necessary only if the gift is given by a person seeking to influence an official act - which is already covered under the state's bribery laws.

"Our guidance to the commission was that unless the complainant can show someone is taking something for private or personal financial gain, toss that complaint out as frivolous," Romanoff said.

"The commission will have to issue opinions on what's appropriate or not," said Senate Minority Leader Andy McElhany, R-Colorado Springs.

Also Thursday, the Colorado Supreme Court declined the legislature's request to review whether its guidance to the commission was constitutional. The high court traditionally doesn't get involved unless a matter is pending, and the legislature already had passed the bill.

Under Amendment 41, each of the following appoints one member to the ethics commission: the state Senate, House, governor and chief Supreme Court justice. Those four then will select a government worker or official as the fifth member. The Senate announced Thursday that its appointee will be former state Sen. Sally Hopper, R-Golden.