Scholarship group may challenge ethics law

Foundation wants to ensure students aren't disqualified

Myung Oak Kim, Rocky Mountain News

Published February 1, 2007 at midnight

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The Boettcher Foundation is considering a legal challenge to a controversial new ethics law that might disqualify some Colorado students from receiving the private organization's prestigious scholarships.

Lawyers with Moye White of Denver, working pro bono, are looking for ways to ensure that children of state or local government workers can accept Boettcher scholarships and other merit-based awards despite restrictions imposed by Amendment 41.

According to a strict interpretation of the law approved by voters in November, dozens, if not hundreds, of students are in jeopardy of losing scholarships from private organizations such as the Boettcher Foundation and the Daniels Fund, foundation officials said this week.

A decision by foundation trustees is expected in the next two weeks, said President and Executive Director Tim Schultz.

The foundation is considering legal action in part because of its tight schedule for interviewing 72 finalists for 40 scholarships and notifying winners at the end of February.

"We are trying to get a resolution to this issue as quickly as possible because we've got things to do and it's really difficult to wait around for the legislature to decide what they're going to do," Schultz said.

A group led by Internet entrepreneur Jared Polis and government watchdog Colorado Common Cause sponsored the constitutional amendment aimed at reducing lobbyist influence on government officials.

Since its passage, numerous examples have surfaced of workers and their families being negatively affected by the law, which prevents most state and local government workers and their children from accepting gifts and services worth more than $50.

Backers, however, say the law does not apply to scholarships and they have hired a team of lawyers, consultants and lobbyists to draft a bill that would clarify the intent of the law and prevent such unintended consequences.

As part of that effort, the group paid for a statewide poll conducted between Jan. 25 and Jan. 28 by pollsters Lori Weigel and Bob Drake. In results released Wednesday, the poll of 400 registered voters indicates that most respondents don't understand the potential reach of the law.

For example, 79 percent of respondents said the law allows a service organization to give an academic scholarship to the child of a Colorado Department of Transportation worker.

The poll is aimed at persuading lawmakers that voters didn't intend the law to affect things such as scholarships, and that voters want the legislature to pass clarifying legislation, said Eric Sondermann, a spokesman for the Polis group.

But Rep. Cory Gardner, R- Yuma, called the poll an act of desperation.

"It's kind of sad to see the length at which Jared Polis will go to get back in the good graces of his party," Gardner said. "He passed a bill that has consequences and now he is trying to step away from it.

"No poll is going to overcome the fact that the voters told us they wanted ethics in government and no poll will allow us to weaken the amendment."

kimm@RockyMountainNews.com or 303-954-2361

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