A lobbyist who organized misleading robo-calls about pending legislation did not violate legislative rules and won’t be punished, lawmakers said today.
The legislative executive committee – which includes bi-partisan leaders of the House and Senate – criticized lobbyist William Mutch’s tactics, but declined to sanction him.
Still, Mutch’s reputation is damaged, lawmakers said.
“The first day I came down here it was ‘your word is your bond,'” said Rep. Alice Madden, D-Boulder.
It is legal for groups to run ads about legislation and lawmakers, but a legislative rule prohibits lobbyists from attempting to influence lawmakers “by means of deceit” or threats.
Reps. Alice Borodkin, D-Denver, and Nancy Todd, D-Aurora, filed a complaint against Mutch, who represented the homebuilders organization Colorado Concern, for calls to their constituents claiming they were considering legislation that would raise taxes on homes and benefit trial lawyers.
The calls were made as a bill was being drafted to make it easier for homeowners to sue builders over construction defects.
“This was done more of a campaign mode than a lobbying effort,” said Senate President Joan Fitz-Gerald, D-Jefferson County. “It doesn’t make it right.”
Two of three lawmakers who investigated the complaint said last month that while they thought claims of a tax hike were deceitful, they didn’t think legislative rules applied to lobbyists’ communication with the public.
Mutch said it was “too early to comment” on whether he will continue to work as a Capitol lobbyist.
His attorney, Jeff Springer, said it was clear Mutch was protected by free-speech rights and that he worries the investigation will “chill the speech” of other lobbyists.
“It’s unfair William had to go through this ordeal,” he said.
Staff writer Jennifer Brown can be reached at 303-954-1593 or jenbrown@denverpost.com.
