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LATEST SUBMISSIONS

To Colorado Senate: Pass H.B. 1304

Monday, March 26 at 12:01 AM

This Speakout has not been edited

By Flodie Anderson, President, League of Women Voters of Colorado

Since Amendment 41 was first proposed, the League of Women Voters of Colorado has been concerned about the scope of this "Ethics in Government" measure. Those concerns caused us to oppose it. In spite of its weaknesses, the amendment was approved by voters and is now part of the Colorado Constitution, and we are left to deal with its unintended - and sometimes absurd - consequences. These consequences are hurting people - NOW.

The broad scope of Amendment 41 as written has been interpreted by the Attorney General and others as creating harsh (and unnecessary) restrictions on the ability of elected officials to conduct the public's business, and on the ability of an estimated 400,000 government employees and their families to conduct their financial affairs in a reasonable and fair way. This consequence arises from the prohibition of all gifts from lobbyists to elected officials, and restriction to $50 per year of "gifts" to all government employees and their families. The inability to grant a scholarship to a person simply because that person is related to a government employee is one example of the unfortunate consequences that are hurting people who have little authority to compromise the public trust for private gain. The individual subpoena power apparently granted to members of the ethics commission, and the lack of accountability of commissioners open the door for abuses of the process that could irreparably harm the reputation and financial stability of many public servants.

The League has concluded that the General Assembly must take prompt and reasonable steps to address the absurdities of Amendment 41. Clarifying the amendment through appropriate enabling legislation is far preferable to enduring the piecemeal court challenge process or waiting until November 2008, when the people of Colorado can vote on another measure.

HB 1304, sponsored by Representative Marshall and Senator Ward, is both prompt and reasonable. The bill declares that the purpose of Amendment 41 is to prevent officials from violating the public trust for private gain. By defining many terms, such as "private gain" and "frivolous complaints," the bill limits the application of Amendment 41 to only those situations in which a government employee or elected official might indeed be violating the public trust for private gain. This bill limits the scope of the Ethics Commission to only those complaints that are not frivolous, and makes its decisions subject to the authority of the Colorado Supreme Court. The bill also limits the individual subpoena power of Ethics Commission members and allows advisory opinions in advance. If passed, these provisions would be in place quickly, at least by mid-May. As amended before House passage, HB 1304 respects the voters' action by asking them to retain HR 1304 in the 2008 election.

The core mission of the League is to encourage citizen participation in government. As it stands, Amendment 41 may ultimately hinder participation in government at all levels if the General Assembly does not take prompt steps to address these problems.

As HB 1304 moves to the Senate, we strongly urge the members to put aside their frustration at the passage of Amendment 41, and show leadership in addressing the best interests of the people of Colorado. We also hope that this issue will remind elected officials and the public that the constitution should be a document guaranteeing basic rights, not a set of "super statutes."

READER COMMENTS

If the legislature can change the constitution without voter approval, why bother with a constitution? Would Anderson would be open to clarifying legislation on the first amendment?

Posted by Yaakov Watkins on March 27, 2007 05:40 AM