September 28, 2006

Board of Ethics
September 28, 2006

Untitled Document


Chair Ann Terry called the meeting to order at 1:35 pm. Also present were Lori Mack, Leslie Lawson and Leonard Plank. Carolyn Lievers was absent.

  • It was moved, seconded and passed unanimously to approve the minutes of the August 24, 2006 Board of Ethics meeting.
  • Staff Director Michael Henry announced that the Mayor’s Office has tentatively approved the 2007 budget request for the Board of Ethics. Final consideration by City Council will occur in November.
  • Earline Hill, an employee of the Career Service Authority, who is about to retire from city employment, discussed her request for an advisory opinion about whether it would be permissible under section 2-64 of the Code of Ethics to work as an independent contractor for another city agency after her retirement.
  • Deborah Ortega, the executive director of the Commission to End Homelessness, an agency within the Department of Human Services, presented her request for advisory opinions on two subjects: 1) whether it would be a conflict of interest for her to join the boards of two non-profit organizations and 2) whether an outside employment proposal would pose a conflict of interest.
  • The Board discussed the content of proposed constitutional amendment 41 (Ethics in Government), which will be considered by the voters on November 7. Staff Director Michael Henry has been asked to present to the City Council General Government Committee on October 5 what would be the effect on the City and County of Denver if the amendment passes. Deputy City Attorney Chris Mootz advised the Board that it is the opinion of the City Attorney’s Office that the amendment, if passed, would not apply to the city government based upon Section 7 of the proposed amendment as well as the precedent of a number of “home rule” court decisions.
  • The Board continued its discussion of development of a policy to present to the Mayor and City Council regarding “gifts to the city.” Chair Ann Terry posed the question and the Board agreed unanimously that it did want to deal with this issue and present a proposal to the City Council and the Mayor after further discussion. Professor Roy Wood of the University of Denver indicated his belief that this was an important issue. Deputy City Attorney Chris Mootz and Assistant City Attorney Chris Lujan presented a memo addressing issues that they saw:
    • What would be the administrative cost if a proposed requirement for disclosure of gifts to the city would be enacted?
    • What would be possible penalties for violation of such a requirement?
    • What is the definition of gift?

The Board agreed that the proposed ordinance or executive order and any implementing forms should be simple and easy to understand and easy to track. The Board agreed to continue this discussion at its next meeting on October 26. 

  • It was moved, seconded and passed to go into executive session to consider Cases 06-26 and 06-31 through 06-35.
  • The meeting adjourned at 3:10 following the conclusion of the executive session.

Respectfully submitted,


Michael Henry, Staff Director
Approved by Board of Ethics: October 26, 2006