With no gift ban, it's party hearty
Law's in limbo so lawmakers free to wine and dine
By April M. Washington, Rocky Mountain News (Contact)
Published June 6, 2008 at 12:05 a.m.
Steak dinners, champagne bars and wine-and-cheese receptions will be plentiful during the Democratic National Convention in Denver Aug. 24-28.
So will state elected officials, who are expected to show up in force at the free shindigs.
They can attend with impunity because nearly two years after voters approved an amendment that bans gifts to elected officials, the law is still in limbo.
In the meantime, lawmakers are free to party on during the DNC.
The five-member Independent Ethics Commission created by Amendment 41 to investigate complaints of misconduct isn't fully operating.
It now looks as though the rules under which the commission will function won't be in place until Aug. 31, which means the law isn't in effect until then.
And that bothers government watchdogs.
"There's a lot of public officials who will take advantage of the gray area because of the lack of interpretation," said Chantell Taylor of Colorado Ethics Watch.
Measure is 'maddening'
The measure bans all gifts from lobbyists to lawmakers and bars other gifts worth more than $50 to government employees and their spouses and children.
An attorney seeking to overturn Amendment 41 complains that government employees trying to make sense of the gift ban still have no guidance on whether their children may accept college scholarships, Little League sponsorships or a $25 birthday gift from a family friend.
"For everyone who is trying to figure out how to follow 41, it's maddening," said attorney Doug Friednash.
Critics say the commission could have adopted emergency rules to provide some guidance in the interim. The commission makes no apologies for its measured approach.
"It's been slow going to the outside world, but you're creating this out of nothing," said commissioner Matt Smith, a former Republican state lawmaker.
The commission has met twice a month since January and has posted proposed rules on the secretary of state's Web site.
The volunteer body is also working without a staff and is in the midst of hiring an executive director, Smith said.
The amendment, which even its chief backer said is poorly written, has been difficult to interpret and implement, and a court challenge hasn't helped.
Pressure on commission
"The commission has a big responsibility it's not taking lightly," said commissioner Sally Hopper, a former Republican state lawmaker from Golden.
"We are basically being asked to serve as lawyers for citizens."
Last year, a Denver District Court judge found the law unconstitutional, saying it places unfair limits on government workers, lawmakers and nonprofits. But the Colorado Supreme Court later reinstated it.
After the high court's ruling, lawmakers sought clarification about 41 from the commission.
Colorado Ethics Watch also filed a complaint with the commission, alleging misconduct by Republican Secretary of State Mike Coffman, who denies wrongdoing.
"It's disturbing," Taylor said. "It appears the commission is so concerned about the person the complaint is filed against, when they should be concerned about holding people accountable for ethics violations."
Until it adopts formal rules, the commission can't act on complaints, Hopper said.
Elena Nunez of Common Cause praised the commission's "thoughtful approach."
Backers of 41 are pushing the commission to interpret the gift ban loosely, but opponents want the panel to uphold its toughest provisions so it has a chance of returning to lower courts, where it's on shaky ground.
washingtonam@RockyMountainNews.com or 303-954-5086
What's next?
* July 7: The Independent Ethics Commission will hold a rule-making hearing at 9 a.m. in Denver at 633 17th St., Conference Room 2A.
* July 11: The commission will meet again to digest public hearing comments and findings.
* Aug. 10: Amendment 41 procedural rules will be published on the secretary of state's Web site for a 20-day comment period.
* Aug. 31: The commission is expected to adopt final rules.
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June 6, 2008
8:10 a.m.
Suggest removal
Heidi writes:
What a convenient schedule for the adoption of these rules for the unethical politicians!
June 6, 2008
8:56 a.m.
Suggest removal
CWW writes:
Well, it's nice the pols can ignore an inconvenient law. How about all the smokers ignoring the smoking ban and light up!!
June 6, 2008
9:41 a.m.
Suggest removal
IRUNMAN writes:
The people spoke.
Our government refuses to listen.
REVOLUTION!
June 6, 2008
10:17 a.m.
Suggest removal
davies writes:
Heidi: You let these here Democrats party! They need to relax their collective sphincter a little. Maybe they'll have a George W. Bush pinata. And how about a shooting range game where they compete against a computerized VP Cheney, in full camoflage, ready to pop up and blast them at any time. The crowd will roar whenever a contestant gets him first! Party on Dems!
June 6, 2008
10:37 a.m.
Suggest removal
Scott writes:
The Denver hookers are going to make a killing. After the convention they'll all be able to take off for the Bahamas to rest for four months :-)
Scott
June 6, 2008
10:45 a.m.
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davies writes:
Oh Scott, you just invited a whole raft of "Repubs are all closet homosexuals" comments.
June 6, 2008
11:04 a.m.
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ggonzo writes:
Big Big Surprize! The Law Makers Not Following The Laws!!! -------- Hookers. . . Go Scottie
June 6, 2008
11:42 a.m.
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temurlan writes:
This looks like another law that is virtually unenforceable. How are they going to know if someone bought someone else dinner or a hooker?
I just wish we had a better way of determining someone's ethics prior to electing them. Once they are in office it's too late. It's obvious those already in office are corrupt.
June 6, 2008
11:45 a.m.
Suggest removal
bigjking69 writes:
Why aren't the politicians who are supposed to be working for us, start working and stop partying. The democrats are just as guilty as republicans taking some fringe benefits. But they will never admit that. What a joke. They are both equally corruptable.
June 6, 2008
12:09 p.m.
Suggest removal
ItsJustme writes:
My guess is that there is a strong correlation between those who want immediate and strict enforcement of Amendment 41 and those who want the smoking ban to go away. Pick and choose your favorite laws!
June 6, 2008
12:53 p.m.
Suggest removal
Scott writes:
ItsJustme,
I think you are confusing "griping about a law" versus "intentionally ignoring/violating a law". I'm all for griping about something you don't like, e.g. smoking ban. However, intentionally ignoring/violating something you don't like is just plain wrong, e.g. casinos allowing smoking in spite of the law.
Please correct me if I misunderstood what you were getting at.
Scott