Date: 03/02/2006

Final
Adoption of Work Plan

SENATE COMMITTEE ON ETHICS COMMITTEE

Votes: View--> Action Taken:
Moved to have the Office of Legislative Legal ServPASS


10:13 AM -- Call to Order

The committee was called to order by the chairman, Senator Veiga.

10:13 AM -- Adoption of Work Plan and Requests for Information

Senator Veiga reviewed the agenda. She opened the meeting indicating that the committee's proceedings would be subject to the open records and open meetings laws of the state.


10:14 AM

Senator Veiga reviewed the documents that were provided to the committee. Documents provided to the committee included:
- a letter from the President of the Senate and the Senate Minority leader informing the Secretary of the Senate of the formation of a Senate Committee on Ethics, and the complaint that provided the basis for the formation of the committee (Attachment A);
- a letter from Senator Veiga, chair of the Senate Committee on Ethics, to Senator Hanna, notifying her of the formation of the committee and the time frame for a written response to the complaint, to which was attached the above referenced letter to the Secretary of the Senate, the complaint, and a copy of Senate Rule 43 (Attachment B);
- a staff document setting forth a draft time line and work plan for the committee's work (Attachment C);
- a legal memorandum prepared by the Office of Legislative Legal Services on open meetings and open records in ethics investigations (Attachment D);
- correspondence received by Senator Veiga from Senator Hanna's attorney, Richard C. Kaufman (Attachment E);
- a copy of Senate Rule 43 (Attachment F); and
- a memorandum prepared by the Office of Legislative Legal Services concerning possible sources and types of written evidence relating to the ethics complaint (Attachment G).

The committee discussed the proposed time table provided in the work plan, including the proposed time frame for a staff report and the 30-day deadline for completion of a preliminary investigation.


10:16 AM

Senator Veiga indicated that the committee needed to decide the documents the committee wished to request in the course of its preliminary investigation. The memorandum prepared by the Office of Legislative Legal Services concerning possible sources and types of written evidence relating to the ethics complaint listed potential sources and types of written evidence that may be relevant to the committee's preliminary investigation and that the committee might wish to consider, specifically from Senator Gordon, from Senator Hanna, and from the Colorado Realtor Association. She noted that there was a request from Senator Hanna's legal counsel to review and respond to the evidence that the committee requests and receives. Senator Grossman commented on the potential for requesting information directly from the Jefferson County Realtor Association. Senator Teck raised the possibility of obtaining any written documents or e-mail messages in regard to advice Senator Hanna was given pursuant to her communications with the Colorado Realtor Association.

10:20 AM

Senator Grossman moved to have the Office of Legislative Legal Services to go forward, on behalf of the committee, with the requests for information, as presented in the memorandum concerning possible sources and types of written evidence relating to the ethics complaint, with requests to be made directly to the affiliated entities of the Colorado Realtor Association listed in the memorandum, specifically the Realtor Candidate Political Action Committee, the Realtor Small Donor Committee, and the Jefferson County Realtor Association. Senator Teck indicated that he wished the committee to retain the prerogative to request additional information. Senator Veiga indicated that the committee's preliminary investigation would be conducted within a short time frame and that it was her recommendation that requests be made with a one-week time frame. Senator Johnson raised the possibility of an individual member requesting information after the committee meeting. Senator Veiga asked that such requests go through staff, and that staff would notify her of the request. There was discussion of documents to request from Senator Hanna regarding campaign contributions and gifts of value.

10:25 AM

Sharon Eubanks, Office of Legislative Legal Services, responded to questions about the potential for requests for information from the Office of the Secretary of State pertaining to contributions and gifts of value made to Senator Hanna.
BILL:Request for Information
TIME: 10:28:45 AM
MOVED:Grossman
MOTION:Moved to have the Office of Legislative Legal Services to go forward, on behalf of the committee, with the requests for information, as presented in the memorandum concerning possible sources and types of written evidence relating to the ethics complaint, with requests to be made directly to the affiliated entities of the Colorado Realtor Association listed in the memorandum, specifically the Realtor Candidate Political Action Committee, the Realtor Small Donor Committee, and the Jefferson County Realtor Association. The motion was amended to include a request for any relevant Secretary of State records related to contributions or gifts made to or received by Senator Hanna, as well as a request of Senator Hanna for documentation relating to any relevant bank accounts kept by her into which a campaign contribution or gift was deposited. The motion passed on a 5-0 roll call vote.
SECONDED:
VOTE
Grossman
Yes
Teck
Yes
Windels
Yes
Johnson
Yes
Veiga
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



10:28 AM

Senator Veiga requested, with the approval of the committee, that staff request receipt of information within a one-week deadline.


10:29 AM

Senator Veiga stated that Senator Hanna's attorney has requested an opportunity to review and provide a follow-up response based on documents received by the committee. She explained that staff has indicated that the Senate rule is silent on such a request, and that a response to the request will require a decision by the committee. Senator Grossman said that he favored complying with the request, as along as it did not interfere with the committee's timeline. Senator Veiga indicated that it is fairly common to provide replies to responses in the civil litigation area. The committee also discussed whether there was potential for an outside investigation.