A legislative committee investigating the conduct of lobbyist William Mutch dismissed claims Monday that his actions were exempted by the First Amendment.
“This is a fact-finding process, not a legal process,” Sen. Stephanie Takis, D-Aurora, told attorney Jeffrey Springer after he requested that Mutch’s free-speech claim be reviewed before a probe proceeds.
Springer told the panel it was “going down a dangerous path” by barring the constitutional review before making Mutch the target of a public investigation.
The panel tentatively scheduled its next hearing for Friday, calling for Mutch and Rep. Alice Borodkin, D-Denver, to testify.
Mutch, executive director of the homebuilders group Colorado Concern, is accused by Borodkin and Rep. Nancy Todd, D-Aurora, of orchestrating calls to constituents that made knowingly false claims that the lawmakers were backing a bill that would raise taxes on homes.
Mutch and Colorado Concern have provided some 200 pages in documents and e-mail related to the campaign that produced the robo-calls.
But the panel asked its attorney to seek documents from other lobbyists and homebuilder executives whose names are in some of the communication, including lawyer Ted Trimpa and Colorado Concern board chairman Richard Sapkin.
Trimpa said he would cooperate, as did Sapkin attorney Mike Feeley, who has filed scores of documents on behalf of Colorado Concern.
The company that made the robo- calls, ccAdvertising of Virginia, has declined the panel’s request for documents and communications.
Legislative attorney Jeremiah Barry said the panel could request that the General Assembly subpoena the material, but that he was unsure whether such a request would have legal standing in another state.
The meeting was in large part dedicated to deciding how to proceed.
Rep. Claire Levy, D-Boulder, said she wants to know “who gave the final go-ahead on the language, who paid for it, who benefited and who all was in the coalition” that was established to lobby against the bill.
Documents filed with the committee indicate a coalition established to lobby against the bill had a $250,000 budget.
Mutch has been put on administrative leave since the complaint was filed under legislative rules that prohibit lobbyists from using deceit to influence votes.
The bill in question is the Homeowners Protection Act, which Gov. Bill Ritter signed into law on Friday. That bill, which would void contracts designed to protect homebuilders from lawsuits in cases of fraud or gross negligence, was the subject of one of the most intensive lobbying campaigns of the session.
Capitol bureau chief Jeri Clausing can be reached at 303-954-1555 or jclausing@denverpost.com.
