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Testimony next week in ethics case

Lawmaker, lobbyist, others to talk to panel

By Lynn Bartels, Rocky Mountain News (Contact), Ed Sealover, Rocky Mountain News

Published January 9, 2009 at 10:30 p.m.

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A lobbyist accused of improperly trying to drum up support for a candidate in a legislative leadership race will give his side of the story next week.

Lobbyist Erik Groves asked an incoming lawmaker if he could talk to her about the race, but the conversation never went any farther, according to his attorney, Dick Kaufman.

Groves in December approached Rep.-elect Cindy Acree, R-Aurora, who took office Wednesday.

Groves, Acree and other witnesses will testify next Friday before the three-member legislative panel appointed to review the issue.

Legislative rules prohibit lobbyists from becoming an "active participant" in leadership races.

Republican Reps. David Balmer, of Centennial, and Rep. Frank McNulty, of Highlands Ranch, vied to replace Rep. Mike May, of Parker, as minority leader when he announced Dec. 12 his intention to resign his seat.

May rescinded his resignation four days later and filed a complaint against Balmer, alleging Balmer may have worked with others to try to influence Acree. Separate ethics committees were appointed to investigate Balmer and Groves, who lobbies for the Colorado Chiropractors Association.

Balmer's attorney, Jon Anderson, this week asked that the complaint be dismissed, saying sworn affidavits show that anyone who contacted Acree was not doing so at Balmer's request.

Acree, in her complaint, said she was left messages on Dec. 15 by Groves and two chiropractors, Nelson Vetanze and Steve Schuster, who heard that she was on the fence and wanted to talk about her vote.

Acree had discussed her undecided status with Balmer earlier that day, and the messages mentioned campaign contributions and a future committee chairmanship, Acree wrote in a complaint.

Groves, Vetanze and Schuster submitted sworn affidavits saying they did not talk to Balmer between the time May announced his resignation and the time he filed his complaint.