FYI 4: Filing a Complaint with the IEC
If you feel you may have grounds to file a formal complaint with the IEC please read the preliminary steps that are outlined below.
Before you file a complaint - confidentiality
Individuals are encouraged to contact Commission staff to discuss their concerns before filing a formal complaint.
People may be hesitant to file a complaint for various personal or professional reasons, and the public nature of such proceedings. The IEC is committed to creating an environment where individuals may contact the IEC for guidance while remaining free from possible retaliation for seeking such advice. It is the IEC’s policy to allow for anonymous oral inquiries to IEC staff for guidance on such issues as to whether or not the IEC has jurisdiction over a particular issue, help understand prior Commission opinions, or answer procedural questions on how the IEC works. For more information on confidentiality and the IEC please see FYI 3.
Before filing a complaint it is important to know that Commissioners themselves are not allowed to help complainants directly or discuss the complaint with any party; Commission staff, however, may assist you. Commission staff may help complainants understand the procedural workings of the Commission.
Commission staff is not permitted to provide legal advice.
To draft a complaint
It is important that parties know that the person filing a complaint has the burden of proving the allegations set forth in the complaint. It is also the right of the Commission to dismiss a complaint it deems frivolous, or because the alleged activity occurred more than 12 months prior to the complaint being filed. There may be situations where another authority has primary jurisdiction to hear a complaint, and the IEC will help direct you to other resources (see FYI 9).
Once a written complaint is filed and deemed not frivolous by the Commission, it becomes public record; the case file and its contents are subject to release under the Colorado Open Records Act.
To submit a complaint to the IEC, fill out a complaint form (attached). Check with the IEC staff to determine if a filing can be accepted electronically. You do not need to be represented by an attorney – you can write and file a complaint yourself. Commission staff may be able to assist you with your presentation to the Commission and investigate a claim, but cannot provide legal advice or represent a complainant at a hearing.
You must fill in the following fields on the complaint form:
1. Complainant:
Fill in the name of each person, business or agency filing the complaint, and daytime contact information of at least one of the persons filing the complaint. Please provide an email address if applicable.
2. Respondent:
Fill in the name of the specific person at a government agency against whom you are complaining. You must provide a contact name, address and daytime phone number. Please provide an email address if applicable. If you do not have the contact information, you must obtain it before filing the complaint.
3. Statement:
Fill in your statement about what you think was done that violated ethics laws in Colorado. If you think more than one ethics violation occurred please state each one separately. You should be prepared to provide the names of people you spoke with, copies of any supporting documents and have witnesses available and willing to testify (if there are any.) Be as specidfic as possible. Please cite the section of Article XXIX or the the title of Colorado Revised Statutes which you believe was violated. Although the statement need not be in the form of a legal document, the Commission must be able to understand what occurred from the face of the complaint.
4. Signature:
Each complainant must sign the complaint form and fill in the city where the complaint was signed, day and date. The complaint does not need to be notarized.
5. Filing the complaint with the IEC:
Make at least three copies of your complaint. Keep one of your copies. Mail, fax, or hand-deliver the original and one copy to the Independent Ethics Commission, Complaints, 1300 Broadway, 12th floor, Denver, CO 80203
Complaints may be emailed if the email contains the written signature of the complainant.
The staff of the IEC will be responsible to serve the complaint on the other party, arrange for a hearing location and time.
Please use this Complaint form.