Outgoing Chair's Report 2009
Outgoing Chair's Report
by Nancy E. Friedman, 4/6/09
It has been my great privilege to serve as the first Chairperson of the Colorado Independent Ethics Commission. I was elected Interim Chairperson at the IEC's first meeting in December 2007 by the four appointed Commissioners. Then, in April 2008, the Commission decided to hold another election for Chairperson, now that the fifth Commissioner had been chosen and was in attendance. Again, the Commission entrusted me with the position.
At that time, I accepted the position with the proviso that it be a rotating chair, so that the five Commissioners would always be equal. It was determined that the election of a new Chair would take place at the first meeting in April each subsequent year. That time has now come.
I enjoy the camaraderie that we five initial Commissioners have developed since we started on this path together. We are a diverse group, and we bring very different backgrounds and experience to the table. Yet, we have developed a way of working together that reflects well on the State and ourselves, due mostly to our great mutual respect for each other and for each other's abilities and strengths. I very much enjoy being a member of this team.
I feel very proud of what we have accomplished together since that first meeting in December 2007. Under public scrutiny, we took on the difficult task of interpreting a new constitutional amendment. We tackled the creation of our Rules of Procedure with total transparency. We issued four Position Statements, ending months of public uncertainty over issues such as scholarships; honoraria; insurance proceeds; raffles, prizes and auctions; inheritances; gifts from relatives; and special discounts. We created a five-prong test to determine when a gift of travel should be considered a gift to the government, rather than to the individual public servant. We gave clarity to the prohibition on gifts from lobbyists, and delineated the difference between those gifts and gifts from organizations represented by lobbyists. In issuing this advice and guidance, this Commission has defined and clarified much of the constitutional amendment, taking great pains to preserve its fundamental purpose and act within the confines of what the electorate voted for. We have given life to the measure with what I believe is a practical, thoughtful, common-sense approach, through spirited debate and mutual respect.
This Commission has issued three Advisory Opinions, one answering a number of questions posed by a professor at the University of Colorado, one responding to whether members of the Colorado State Patrol may accept free admission to events when they are acting as security detail for a high-ranking government official, and one dealing with administrative law judges accepting free membership in a bar association. We have issued three Letter Rulings, dealing with lunch with a lobbyist, annual luncheons, and meals to Board Members of nonprofit entities. As each Position Statement, Advisory Opinion and Letter Ruling is distributed to our ever-growing database of interested persons, the IEC has become more visible. As the IEC has become more visible, ethics in government has become more visible and more high-profile. This, in turn, enhances confidence and trust in the integrity of Colorado government and assures the public that the government is being held to standards that place the public interest above private interests.
It has been my honor to have been the draftsperson of these Position Statements, Advisory Opinions and Letter Rulings. In the past year, we have hired an Executive Director and have now obtained approval for a second position, an Assistant Director of Education and Training. In the goals we set at a recent meeting, we committed to creating and implementing an education and training program, including in-person training, on-line training, and outreach. This will take the Commission to the next level, to be able to communicate its decisions and opinions to a larger audience. This will enable public servants who want to do the right thing, to be able to identify and avoid situations where the propriety of conduct may be at issue. It will give them a working knowledge of the statutory framework which will help honest officials and employees make the appropriate choice in a gray area.
The Commission has also dealt with eight complaints. Seven of those were dismissed by the Commission based upon jurisdictional grounds or as frivolous. One complaint has gone to a full public hearing and deliberations. I am proud of the professional and non-partisan way we have treated this complaint and others, especially in view of the enormous public scrutiny in the first-time testing of our Rules of Procedure.
I would like to thank Governor Bill Ritter, Jr. for giving me this extraordinary opportunity to help shape the government ethics agenda in Colorado. And I express my gratitude to my fellow Commissioners who have entrusted me with guiding the first sixteen months of this Commission¿s existence. I look forward to working with the next Chairperson and continuing the important work of this Commission.