House Committee on Ethics (01/28/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON ETHICS

Date:	01/28/2009	ATTENDANCE

Time:	08:01 AM to 08:09 AM	Curry	X
		Judd	X
Place:	HCR 0111	Summers	X
		Massey	X
This Meeting was called to order by		Levy	X
	Representative Levy

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

Bills Addressed:		Action Taken:
House Ethics Committee - Third Meeting		Finding of no probable cause

08:01 AM -- House Ethics Committee - Third Meeting

Representative Levy, Chair, called the meeting to order. She explained that on January 20, 2009, the committee requested additional information from Representative Balmer including his phone logs and a signed statement. On January 23, 2009, the committee received the requested information including a signed affidavit from Representative Balmer that, in part, denies any contact between himself and Erik Groves, the lobbyist for the Colorado Chiropractic Association, during the period following Representative May's notice of resignation and when Representative May filed the ethics complaint. A copy of the materials submitted by Representative Balmer is on file at the Legislative Council Staff Office, Room 029, State Capitol. Representative Levy explained that the committee must determine whether this additional information provides probable cause to find that a violation of the House Rule 49 may have occurred. She explained that the evidence submitted was complete and responsive, and does not appear to provide probable cause to find that a violation occurred. She invited the committee members to explain how they viewed the new information and whether it provides probable cause to find that an ethics violation occurred.

08:02 AM

Representative Summers explained that Representative Balmer's affidavit and his phone logs appear to be consistent with Mr. Groves' affidavit, and do not provide probable cause that an ethics violation occurred. Representative Curry explained that legislators should hold themselves to the highest ethical standard, and that the evidence received by the committee does not provide probable cause to find that an ethics violation occurred. Representative Massey explained that he was satisfied with the information submitted by Representative Balmer. He cautioned other legislators that they are responsible for their own behavior and may be held responsible for the behavior of others who may act on their behalf.

08:06 AM

Representative Levy explained that she has been involved with three other ethics investigations in addition to the House Ethics Committee to investigate Representative Balmer. She thanked the committee and staff for helping her conduct the ethics investigation and requested a motion expressing the committee's opinion on whether they have probable cause to find that an ethics violation occurred.


BILL:	House Ethics Committee - Third Meeting
TIME:	08:07:09 AM
MOVED:	Judd
MOTION:	Moved to prepare a report to the Speaker that the House that the Ethics Committee appointed to investigate a complaint against Representative David Balmer filed by Representative Mike May has completed its investigation. It determined that the evidence received by the committee does not provide probable cause to continue the investigation. The motion passed on a vote of 5-0. A report will be prepared for the members of the House Ethics Committee to sign and submit to the Speaker.
SECONDED:	Summers
		VOTE
	Curry	Yes
	Judd	Yes
	Summers	Yes
	Massey	Yes
	Levy	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:08 AM

Jennifer Gilroy, Office of Legislative Legal Services, responded to questions from the committee regarding the content of the House Ethics Committee's final report and to whom it would be provided (Attachment A).

08:09 AM

The meeting was adjourned.