Senate Committee on Ethics Committee (03/02/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON ETHICS COMMITTEE

Date:	03/02/2006	ATTENDANCE

Time:	10:13 AM to 10:52 AM	Grossman	X
		Teck	X
Place:	SCR 356	Windels	X
		Johnson	X
This Meeting was called to order by		Veiga	X
	Senator Veiga

This Report was prepared by
	Cathy Eslinger
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Adoption of Work Plan Review of Standards for "Probable Cause"		- -

10:13 AM -- Call to Order

The committee was called to order by the chair, 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.

10:33 AM -- Review of Standards for "Probable Cause"

Ms. Eubanks returned to the table to respond to questions about the potential avenues for investigation. She said that Senate Rule 43 has only been in place since 2000 and is fairly sparse in guidance for the committee's preliminary investigation. She said that if there is a second stage of the committee's work, if probable cause is found that an ethical violation has occurred, the committee's proceedings may include an evidentiary hearing. Ms. Eubanks reminded the committee that Senate Rule 43 specifically precludes, during the preliminary investigation, testimony or consideration of evidence other than that requested by the committee.

10:35 AM

Senator Veiga asked Ms. Eubanks to respond to questions regarding open meetings law. Ms. Eubanks said that there are a few exceptions to open meetings of public bodies, but that the exception for investigations of or proceedings against employees specifically exempts "elected officials." Senator Windels raised questions regarding Senate Rule 43's reference to the committee not receiving evidence from "other sources." Ms. Eubanks said one interpretation of this language would be that the committee is precluded from receiving any evidence other than from a source from which the committee has specifically requested information.

10:38 AM

Senator Veiga returned to the question of Senator Hanna's attorney's request to review and respond to evidence received by the committee. She discussed the potential time frame suggested in the work plan document.


BILL:	Review of Evidence
TIME:	10:40:02 AM
MOVED:	Grossman
MOTION:	Moved to permit Senator Hanna's attorney to review and respond to the evidence the committee requests after it is has been received. The evidence will be available for review and a response the week of March 13th. 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

10:41 AM

Ms. Eubanks walked the committee through a document outlining standards for finding "probable cause." A memorandum on this issue was distributed to the committee (Attachment H). Ms. Eubanks discussed the fact that Senate Rule 43 does not define "probable cause," so application of this standard, normally used in a criminal proceeding, may be difficult to put into a legislative context. In a criminal context, the standard "requires evidence sufficient to induce a person of ordinary prudence and caution to a reasonable belief that the defendant committed the crimes charged." She indicated that the committee might approach materials before it and to use the preliminary investigation as a screening device, even though the evidence may include "hearsay" and might be inadmissible in a criminal proceeding, and to evaluate whether the evidence leads to a reasonable belief that Senator Hanna violated any constitutional or statutory provisions or any legislative rules or other legislative standards of conduct.

10:46 AM

Ms. Eubanks responded to questions regarding identification of provisions that might have been violated. Ms. Eubanks indicated that background information identifying legislative standards of conduct could be prepared for the committee.

10:47 AM

In response to a question about future meetings, Senator Veiga said Senator Hanna's response would be available on Monday and discussed the need for future meetings. The committee discussed the fact that there could be a need for a meeting prior to preparation of a staff report, but that a meeting would be normally be scheduled after the preparation of this report the week of March 20. Senator Veiga indicated that a committee member could come to her with a request to hold a meeting before that time. Senator Veiga indicated the committee would provided with information from staff as it becomes available.

10:52 AM

The committee recessed.

11:55 AM -- House Bill 06-1401

Representative Soper, sponsor, described the provisions of HB 06-1401 concerning the landowner preference for limited big game licenses including deer, elk, and antelope.

The following persons testified on the bill:

11:57 AM -- Dave Lovell, Division of Wildlife (DOW), described the division's recent review of its big game allocation policies.

12:01 PM -- Ed Robinson, representing himself, expressed concerning about the DOW's license allocation review process and spoke in support of the bill.

12:04 PM -- Landon Gates, Colorado Farm Bureau, spoke in opposition to the bill and described the current requirements for obtaining a landowner preference license for big game licenses. He also described the role of private landowners in providing wildlife habitat.

12:12 PM -- James Howell, representing himself, spoke in support of the bill and expressed about the allocation of landowner preference licenses in game management areas where there is little private land and large tracts of public lands.

12:14 PM -- Willie Travnicek, Colorado Cattlemen's Association, spoke in opposition to the bill and described the benefit of private land to the management of wildlife. He also expressed concern about public access to private land and the increase in game damage payments if the bill becomes law.

12:22 PM -- Tim Cantarbury, representing himself, spoke in opposition to the bill. He also described the wildlife management benefits from wildlife habitat on private land and public hunting access.

12:27 PM -- Al Johnson, Colorado Cattlemen's Association, spoke in opposition to the bill and described the DOW's big game license allocation review process. He also described the wildlife management benefits from wildlife habitat on private land.

12:34 PM -- Bill Bledsoe, representing himself, spoke in opposition to the bill and expressed concern about the license allocation for landowners east of I-25.

12:38 PM -- Dawn Nottingham, representing herself, spoke in opposition to the bill and described the damage caused by elk on her land and water.

12:41 PM -- Ron Lawton, representing himself, spoke in opposition to the bill and expressed concern about the allocation of big game licenses for his lands.

12:46 PM -- Lex Witt, representing himself, spoke in opposition to the bill and expressed about its effect on access for public hunters to private lands.