Colorado lawmakers can go on tours paid by corporations as long as the costs don’t exceed $50, the state’s Independent Ethics Commission said in an opinion Monday.
And in a separate opinion, the Ethics Commission clarified the definition of an “independent contractor” working for the government who would be subject to the gift ban under Amendment 41. Voters passed the measure in 2006.
The five-member commission unanimously ruled it would not violate Amendment 41 for lawmakers to go on a tour of facilities paid for by a corporation, as long as the cost didn’t exceed $50.
However, the commission, responding to questions in a written request, also said another organization could pick up part of the cost of the tour, such as the costs of a bus to shuttle lawmakers or lunch.
But the commission warned against multiple organizations dividing up the cost of the tour, saying, “There may be an appearance of impropriety if the gift were of significant value, and the cost were split multiple ways merely to get around the $50 limit.”
It’s also possible the tour might not be subject to the gift ban at all if the lawmakers on it were speaking as part of a “scheduled program,” an exception allowed in Amendment 41, the commission said.
“The commission does not believe that merely ‘allowing’ a member of the General Assembly to say a few words or answer one or two questions, would be sufficient to fall under this exception,” the opinion said. “The public employee must be actively participating as a speaker or as a panelist and be listed on the program as a speaker.”
Jane Feldman, the agency’s executive director, said the request for the opinion was from private individuals.
The commission last month said it was OK for the governor’s staff to accept meals or tickets worth more than $50 at events where the governor is speaking.
Also Monday, the commission said in a separate opinion that “independent contractors” as defined under Amendment 41 are those who have “personal services” contracts with governments under state law. That differs from individuals or companies that have “purchased services” contracts with government.
Amendment 41 says government employees “including independent contractors” are prohibited from accepting gifts valued at more than $50.
Feldman said that personal services might include consultants and outside attorneys hired by a government whereas purchased services are less specific to an individual.
“The vending machine guy who replenishes the vending machine is not going to be under a personal service,” she said.
Jenny Flanagan, executive director of Colorado Common Cause, which backed Amendment 41, said both rulings made sense and would bring some clarity to the gift ban.
Tim Hoover: 303-954-1626 or thoover@denverpost.com
