Advisory Opinion 09-03 (State Patrol)
Advisory Opinion No. 09-03 (State Patrol Members)
SUMMARY:
It would not be a violation of Colorado Constitution Art. XXIX for Colorado
State Patrol members assigned to the security detail of the Governor, the Lieutenant
Governor, or any governor-elect to accept free admission to events with an admission
price in excess of $50, when they are attending such events with any of those officials
as part of their official duties.
I. BACKGROUND
The Independent Ethics Commission ("IEC" or "Commission") has received a
request for advisory opinion, asking whether members of the Colorado State Patrol may
accept free admission to events with a ticketed price in excess of $50, when they are
attending such events as members of a security detail for a high-ranking government
official.
II. JURISDICTION
The IEC finds that members of the Colorado State Patrol are "government
employees" subject to the jurisdiction of the Commission. CO Const. Art. XXIX (2)(1).
III. APPLICABLE LAW AND PRECEDENT
Section 3 of Article XXIX (Gift ban) reads in relevant part:
(2) No public officer, member of the general assembly, local government
official, or government employee, either directly or indirectly as the
beneficiary of a gift or thing of value given to such person¿s spouse or
dependent child, shall solicit, accept or receive any gift or other thing of
value having either a fair market value or aggregate actual cost greater
than fifty dollars ($50) in any calendar year, including but not limited to,
gifts, loans, travel, entertainment, or special discounts, from a person,
without the person receiving lawful consideration of equal or greater value
in return from the public officer, member of the general assembly, local
government official, or government employee who solicited, accepted or
received the gift or other thing of value.
C.R.S. §24-33.5-216 provides:
The chief shall provide a motor vehicle and driver for the use of the
governor of the state during his term of office. The chief shall also assign
officers to protect the governor and his immediate family. The chief shall
also provide a motor vehicle for the lieutenant governor and, at the
discretion of the governor, may assign an officer to provide protection for
the lieutenant governor in the performance of the duties of such office.
The chief shall also make available an officer to protect any governor-elect.
In Position Statement 08-01 (Gifts), as well as in all opinions and decisions
rendered by the Commission since then, the Commission has interpreted Article XXIX in
a manner that preserves what it believes was the intent of the electorate - "to improve
and promote honesty and integrity in government and to assure the public that those in
government are held to standards that place the public interest above their private
interests." The Commission has also referenced Section 6, which provides that those
who breach the public trust for private gain or induce such breach shall be liable for
monetary penalties.
In Position Statement 08-02 (Travel), the Commission recognized that travel that
is not expressly exempted from Sec. 3 may nonetheless be permissible in certain
circumstances as a gift to the State or local government, rather than to the public official
or employee, when certain specified conditions are met.
IV. DISCUSSION
C.R.S. §24-33.5-216 requires that the Governor of the State of Colorado be
provided with a security detail for his and his immediate family's protection. The section
further allows for a security detail for the Lieutenant Governor (at the discretion of the
Governor), and for any governor-elect. The Commission is advised by the requester
that members of the security detail accompany the official to most public events for
security reasons and that the necessity of a ticket to such events is routinely waived for
them. As the requester presented it to the Commission, compelling members of the
security detail to pay the ticketed price to attend events would force an untenable choice
for the official, namely, to forego attending the event; to attend the event without
security; or to purchase tickets for the members of the security detail.
The Commission believes it clear that the Colorado State Patrol members who
are assigned to protect government officials are doing so for the benefit of the State.
Members of these security details are not personally benefiting from attendance at
these events; rather, they are attending these events for the sole purpose of providing a
level of security and protection that is required by law. The ultimate beneficiary of the
event admission is the State of Colorado, not the individual State Patrol member.
Further, the Commission believes that there is no inherent or potential conflict of interest
or appearance of impropriety in this instance.
V. CONCLUSION
It would not be a violation of Colorado Constitution Art. XXIX for Colorado State
Patrol members assigned to the security detail of the Governor, the Lieutenant
Governor, or any governor-elect to accept free admission to events with an admission
price in excess of $50, when they are attending such events with any of those officials
as part of their official duties. The Commission believes that such free admission is a
gift to the State of Colorado, rather than to the individual State Patrol member.
The Independent Ethics Commission
Nancy E. Friedman, Chairperson
Matt Smith, Vice Chairperson
Sally H. Hopper, Commissioner
Larry R. Lasha, Commissioner
Roy Wood, Commissioner
Dated: April 6, 2009