DENVER—The second-ranking Democrat in the state Senate should have disclosed a potential conflict of interest in his votes to support the State Fair, but violated no laws when he voted to provide funds to keep the fair afloat, members of an ethics panel said Friday.
Senate President Pro Tem Abel Tapia, D-Pueblo, 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, Abel Engineering Professionals, seven contracts worth $480,000.
“I think we’re all saying the same thing. He did not violate a rule. He was not required to disclose and refrain from voting. But had he asked advice before the vote, I would have advised him to disclose his interests with the State Fair and consider not voting,” said Rep. Claire Levy, D-Boulder.
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.
Levy said Tapia could have continued to represent his district by advocating for the projects and not bidding on the projects.
Sen. John Morse, D-Colorado Springs, chairman of the Ethics Board, said the public perception is that Tapia did something wrong.
“I think as well our opinion ought to be similar to the others that have been issued to say that while you didn’t do anything wrong, there could absolutely be a perception and there may well have been a perception that you should not have done this and therefore in the future, when these things come up, our advice to you as a board is that you disclose it and more than likely recuse yourself because there is an appearance that you do contract with the state,” said Morse.
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. Their opinion, which will be issued later, will be redacted under state law to remove any reference to Tapia and his company to give lawmakers general guidelines.
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.
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.
Tapia asked for the investigation 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.
