Ethics probe weighed

Top lawmakers meeting today to make decision

By Lynn Bartels, Rocky Mountain News (Contact)

Published December 19, 2008 at 12:05 a.m.

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Colorado's legislative leaders will meet behind closed doors today to determine whether to launch an ethics investigation against a lobbyist at the center of a controversy that delayed a leadership election.

Lawmakers have released few details except to say the election for minority leader was delayed because of fears "outside influence" might taint the race between Rep. David Balmer, of Centennial, and Rep. Frank McNulty, of Highlands Ranch.

Legislative rules that govern lobbyists include a provision that states: "No one engaged in lobbying shall become an active participant in . . . the leadership races of the General Assembly."

The allegations haven't been made public.

The lobbyist, Erik Groves, who represents the Colorado Chiropractic Association, hasn't commented since initially telling the Denver Post, "It seems as if there's been a great misunderstanding here."

An ethics complaint already has been filed against Balmer.

"I think it's a cheap trick," Rep. Larry Liston, R-Colorado Springs, said Thursday. "David doesn't deserve this. Nobody does."

Balmer hired an attorney and declined to comment.

The lawmaker at the heart of the controversy - Republican Cindy Acree, of Aurora, who takes office in January - also isn't talking.

And House rules prevent Speaker Andrew Romanoff, Majority Leader Alice Madden or Minority Leader Mike May from even confirming a complaint has been filed against Balmer. The three would have to sign off on a complaint.

If a complaint is filed against a lobbyist, lawmakers from both parties and both chambers would be appointed to investigate it.

As for the complaint against Balmer, he has 10 days to respond before leadership would decide whether to appoint a committee to investigate.

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