Panel says scholarships OK under 2006 gift ban

By Tillie Fong, Rocky Mountain News (Contact)

Published October 7, 2008 at 8:13 p.m.
Updated October 7, 2008 at 8:13 p.m.

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Colorado's Independent Ethics Commission has determined that scholarships, insurance policies and dinners with friends are allowed under Amendment 41.

The measure, approved by voters in 2006, established a gift ban for elected officials and government workers and their families.

Gifts from lobbyists are prohibited, and anything worth more than $50 in value are not allowed from non-lobbyists.

"We think the majority did the right thing and applied a common sense interpretation that reinforces the ethics law that was passed by voters two years ago," said Jenny Flanagan, executive director for Colorado Common Cause, which backed Amendment 41.

"The ethics commission affirmed and reinforced on how these laws should be applied."

However, the commission was split 3-2 on the decision about scholarships. Dissenters Matt Smith and Sally Hopper argued that the language in the Blue Book, the state's bipartisan guide for voters, did not exempt scholarships from the gifts ban.

Opponents of Amendment 41 said that split decision opens the door to future challenges.

"In light of the fact that it was not an unanimous decision, it raises a lot of questions of judicial interpretation," said Douglas Friednash, an attorney with Greenberg Traurig, which represents a group challenging the constitutionality of Amendment 41.

"You can use the dissent to challenge the decision."

Friednash also said the commission has also sent a clear message on its first position statement about the gift ban.

"They want to send a signal that they intend to interpret Amendment 41 very broadly, possibly very different from what was presented to the voters," he said.

"It sends a signal that they may very well whittle away Amendment 41 until it becomes nor more than an anti-bribery statute, which we already have in Colorado law."

But opponents of Amendment 41 have challenged the constitutionality of the law, and raised questions on whether scholarships, honoraria, prizes and even dinner with friends were prohibited by the ban.

In February, the Colorado Supreme Court decided to not hear the challenge on the constitutionality of Amendment 41 until the law has been applied or enforced.

In April, Colorado House Speaker Andrew Romanoff asked statehouse leaders to submit a series of questions to the Independent Ethics Commission to review.

The questions included whether employees are prohibited from accepting college scholarships and whether college professors must forgo prizes for their work.

The Independent Ethics Commission, which was seated in March, didn't start taking up questions until last month.

• October 7, 2008

  10:13 p.m.

  Suggest removal

  jbowen43 writes:

  Of course scholarships are OK under 41. Thinking Coloradans already knew that whereas knee jerk wing nuts didn't.

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