Gov. John Hickenlooper did not violate the state’s ethics law when the Democratic Governors Association picked up expenses for him and his staff at a policy conference last year, an ethics panel ruled Monday.
The Colorado Independent Ethics Commission also determined that the governor’s limited use of staff time to prepare for the event was not a violation, noting that previous court rulings give governors certain privileges.
“It seems to me the governor was doing what the governor has to do,” said Commissioner Bill Pinkham, the mayor of Estes Park and the lone unaffiliated member of the panel.
The commission voted 4-1 to dismiss the complaint, with Republican Matt Smith, a former state lawmaker from Grand Junction, casting the lone “no” vote. He said he believed further discussion was needed.
The conservative group Compass Colorado filed the complaint last September, saying the governor violated the gift-ban provision of Amendment 41, the ethics measure voters approved in 2006. The measure does not allow a government employee to accept something of value in excess of $53.
The governor, who is running for re-election, maintained the complaint was politically motivated.
His attorneys also pointed out that Amendment 41 provides exemptions to the gift ban, such as if a person is speaking at an event. Hickenlooper planned, hosted and spoke at every event at the DGA conference. The Democratic Governors Association waived the $10,000 attendance fee and picked up the meal and hotel costs for Hickenlooper and two top staffers.
Compass’ executive director, Kelly Maher, had harsh words for the governor and commission.
“Saying it was primarily a policy conference and not a political conference is basically like every time a guy has told me he reads ‘Playboy’ for the articles,” she said.
Commissioner Bill Leone, a former assistant U.S. attorney, argued that the governor, as the head of his state and his party, is allowed to advocate whether he “speaks at a gathering of potential financial contributors, sycophants who are already committed to his policies and skeptics who will never be persuaded.”
“The remedy in the event citizens do not approve of his advocacy lies at the ballot box and is beyond the reach of this commission,” he said.
Hickenlooper had a powerful ally: Republican Attorney General John Suthers, who has interpreted Amendment 41 the same way the governor has.
Throughout Monday’s hearing, there were references to an Independent Ethics Commission ruling last year that Republican Secretary of State Scott Gessler violated the ethics law when he used public money to attend a GOP lawyers conference in Florida.
Gessler is one of at least three Republicans running for governor and the chance to unseat Hickenlooper.
Commissioners differed on whether the Hickenlooper and Gessler cases overlapped, but Gessler supporters believe they are related and asked the panel to reconsider its decision. Gessler attorney Mike Davis told commissioners the complaint against Hickenlooper was far more “problematic” than his client’s because it went to the heart of Amendment 41: influence peddling.
“The secretary’s case had nothing to do with the gift ban and nothing to do with influence peddling,” Davis said.
The commission declined to reopen the case, noting it is on appeal and hence out of its jurisdiction.
Gessler in a statement lashed out at the ethics commission, claiming it is “financially invested” in Hickenlooper’s success. Former state Reps. Rosemary Marshall and Bob Bacon, both Democrats, and Leone, a Republican, donated to Hickenlooper before being appointed to the commission. Leone also donated to Gessler.
“We’ve seen the devastating effects of the IRS treating conservative groups more harshly because of their political viewpoint, and now we’re seeing it close to home with the ethics commission saving its biggest attacks for Republicans,” Gessler said.
“Unfortunately, today’s decision will have a chilling effect on Republican public officials and public servants, who now know that Hickenlooper plays by a different set of rules.”
Lynn Bartels: 303-954-5327, lbartels@denverpost.com or twitter.com/lynn_bartels
