DENVER—The second-ranking Democrat in the state Senate told a legislative Ethics Board Thursday he had no conflict of interest when he sponsored legislation for the State Fair, even though fair officials awarded his company seven contracts worth $480,000.
Senate President Pro Tem Abel Tapia said he had a duty to represent constituents in his hometown of Pueblo and the fair was a major community asset. He said if he thought the public would object, he would have disclosed his business involvement to other lawmakers.
But he said he still would have voted on the fair legislation if he thought his vote was critical.
The Ethics Board, which is reviewing the case at Tapia’s request, can only issue nonbinding opinions to lawmakers on how they should handle ethics questions.
Only an ethics committee could recommend disciplinary action against Tapia, and such a committee could be convened only if a formal complaint is filed against him. So far, none has been filed.
Tapia said his company bids on civil engineering contracts and employs up to 27 people. He said the contracts at the fair were to repair aging buildings.
Tapia said he was told he could go after state contracts as long as he didn’t directly tie the job to his company, which is why he sponsored a bill that would repay fair loans to the state treasury.
He said none of the money went for construction projects or his contracts but instead went toward operating expenses for the fair, which was in financial trouble.
“I don’t think there was a conflict of interest. I think anyone can see a perception of conflict. My sense is I did the right thing.” Tapia told the four lawmakers on the Ethics Board.
“I should have been part of that bill. I’m in favor of that bill. I represent that community. That community elected me to represent that community,” he said.
Members of the panel praised Tapia for his integrity but said it matters more what the public thinks of the contract than what lawmakers think. They said the ethics rules are vague and the Legislature may need to change its standards for conflict of interest if the public standard is higher.
Attorneys for the Legislature issued an opinion that said they found no evidence that Tapia’s vote would give him and his company any greater benefit than any other company would have received.
However, they said, Tapia should have avoided sponsoring legislation that benefited the State Fair because of a potential appearance of personal financial interest. They also said he should have disclosed his business relationship to the General Assembly.
The opinion is not binding.
Tapia asked for the investigation last week after reporters questioned a 2006 bill he sponsored to pay off state fair loans.
During the time the contracts were awarded, Tapia was chairman of the Joint Budget Committee, which sets the state’s spending priorities, and Senate Appropriations, which decides which projects are funded.
Tapia said he voted on bills that later funded the contracts but said it’s the state, not the Legislature, that decides how the money is spent.
