by Charles C. Bonniwell
Former IEC Commissioner Bill Leone
Denver District Court issued a devastating decision to the Colorado Independent Ethics Commission (IEC) in its almost 10-year multimillion dollar legal battle against the City of Glendale and by implication all home rule cities and counties in the State of Colorado. The court ruled in a decision written by District Court Judge Jill D. Dorancy that the IEC has no jurisdiction over Glendale or its elected officials and employees on ethics complaints.
The IEC was established by a statewide vote on an amendment to the state constitution ostensibly to adjudicate disputes over gift limitations to elected officials and others. But under Chairman Bill Leone (who has since left the IEC) it attempted to break free from virtually all constraints to become a super agency.
Assistant Attorney General Gina Cannan
The IEC had gotten the courts to rule that it was not subject to any ethics rules itself including those pertaining to open meetings and open records. It did so on the theory that since the IEC was adopted as a constitutional amendment it supersedes any prior constitutional provisions as well as any state laws adopted by the legislature. The IEC asserted that Its powers provided in its constitutional amendment could only be constrained by a future constitutional amendment adopted by a vote of the citizens.
To become a true superagency, the IEC had to expand its powers to hear disputes far broader than simply claims concerning gifts to politicians. Leone thought he had found a way to do that by use of subsection seven of the state ethics law, which provides that the IEC can hear claims on public employees of violations of any code of conduct, not just gift bans.
But the same does 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.” This exception was a major problem for the power-seeking Leone as the vast majority of Colorado citizens live in home rule cities and counties. Leone and legal counsel for the IEC, Assistant Attorney General Gina Cannan, needed a small home rule city to concede in a case that the IEC alone could decide whether a home rule city’s ethics code was adequate. If not adequate the IEC would have jurisdiction over it. The City of Glendale refused to fold, notwithstanding the fact that legal fees fighting the IEC are exorbitant.
In the end, the District Court ruled that the IEC did not have jurisdiction over the City of Glendale. It is assumed the IEC will waste even more money and time and appeal the decision to the Colorado Court of Appeals. Glendale indicates it hopes that the Colorado Court of Appeals will finally end the IEC’s costly power grab once and for all.
City of Glendale Mayor Mike Dunafon stated with regard to the city’s legal victory: “The IEC exemplifies everything that is wrong and harmful about the administrative state in Colorado. Maybe Colorado can have a Department of Government Efficiency like the one they are doing federally to start to get rid of these state super agencies that are starting to drive people out of Colorado to states with less burdensome governments.”
The IEC has 49 days to file a notice of appeal to the Colorado Court of Appeals.
