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Ethics panel clears Colorado Rep. David Balmer

By Lynn Bartels, Rocky Mountain News (Contact)

Published January 28, 2009 at 9:01 a.m.

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Rep. David Balmer's attorney seeks to have an ethics complaint against Balmer dismissed.

Rep. David Balmer's attorney seeks to have an ethics complaint against Balmer dismissed.

An ethics committee this morning dismissed a complaint against Rep. David Balmer, saying there is no evidence the Centennial Republican acted inappropriately during his race for minority leader.

A separate complaint against a lobbyist who was backing Balmer is still pending.

The House Ethics Committee, comprised of three Democrats and two Republicans, unanimously voted to dismiss the complaint.

"I don't think we have probable cause to go any further," said the committee chairwoman, Rep. Claire Levy, D-Boulder.

Balmer was not at the hearing, but expressed his gratitude for the committee's decision afterward.

"I hold no grudge in my heart against anybody for having to go through this," he said. "I appreciate the committee studying the facts that showed I had no involvement."

Committee members earlier were upset that Balmer had not provided documents they had sought, including phone records, but were satisfied with the redacted records his attorney then provided. Personal and business calls were noted out.

Rep. Kathleen Curry, D-Gunnison, said the work of the legislature on the complaint shows that lawmakers "can police ourselves.

"But I do think this is a wake-up call for all of us to read the rules," she said.

Rules bar a registered lobbyist from becoming an "active participant" in leadership races.

Erik Groves, who lobbies for the Colorado Chiropractic Association, in December contacted then Rep.-elect Cindy Acree of Aurora about the leadership race. The association backed Balmer over Rep. Frank McNulty, R-Highlands Ranch.

Acree reported the contact, and Minority Leader Mike May, R-Parker, filed a complaint against Balmer. May had planned to resign, which set up the race between Balmer and McNulty.

"With the possibility that outside influences may have attempted to interfere with the leadership election, and the reality of a delayed election, I do not feel that now would be an appropriate time to leave," May said, in a statement.

Groves and two chiropractors who also called Acree filed affidavits saying Balmer had not asked them to work on their behalf.

An ethics committee comprised of two senators and one representative is investigating the complaint against Groves, which was filed by the legislature's top leaders in both chambers.

Groves has said he was unaware of the rule, but does not think he violated it because once Acree said she couldn't talk about the race he dropped the subject.