Independent Ethics Commission Amicus

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Colorado Independent Ethics Commission
State of Colorado
Case No. 17-28

Case summary: Article XXIX of the State Constitution authorized the Independent Ethics Commission to give advice and guidance on ethics issues arising under Amendment 41. Section 7 of Article XXIX specifically says that the requirements “shall not apply to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address the matters covered by this article.” Although this clearly exempts home rule municipalities, such as Loveland, from the jurisdiction of the Independent Ethics Commission, Position Statement 16-01 takes a different stance. The Position Statement finds that only if a home rule entity has all of the provisions they identify, then Article XXIX does not apply. This direct challenge to home rule authority by the Independent Ethics Commission is being challenged in an amicus brief filed by the Colorado Municipal League. The City joined the amicus brief, filed on November 29, 2017. The IEC issued an Order finding it has jurisdiction. The IEC finds that the Weld County Code did not address all the components of Amendment 41, specifically lacking an adequate gift ban. “Holding public officials to certain ethical standards, on the other hand, is clearly a matter of statewide concern.” Because the Weld County Code does not address a core component, the IEC finds that is sufficient for jurisdiction over the matter.

Pleadings 

Last updated: February 16, 2018

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