A Bill for an Act
Page 1, Line 101Concerning the scope of the independent ethics commission's
Page 1, Line 102jurisdiction over ethics complaints against local
Page 1, Line 103governments, and, in connection therewith, expanding
Page 1, Line 104the independent ethics commission's jurisdiction to
Page 1, Line 105include school districts and special districts, and
Page 1, Line 106making an appropriation.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, the independent ethics commission created in article XXIX of the state constitution does not have jurisdiction over officials or employees of special districts or school districts. The bill gives the independent ethics commission jurisdiction to hear complaints, issue findings, assess penalties, and issue advisory opinions on ethics issues concerning a special district official or employee or school district official or employee. However:
- "Officials" include only members of a school district or special district board;
- "School district employee" includes only the superintendent or head administrative officer designated by a school board to execute its policy decisions who is appointed or hired by, directly reports to, and is subject to the direction of the school district board; and
- "Special district employee" includes only an employee of a special district who is appointed or hired by, directly reports to, and is subject to the direction of the special district's board.
Existing law establishes ethical standards for a special district official or employee or school district official or employee. The bill incorporates those standards under the independent ethics commission's jurisdiction and expands the standards to include those described in article XXIX of the state constitution.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative Declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) An expansion of the jurisdiction of the independent ethics
Page 2, Line 4commission will result in the filing of more ethics complaints with the independent ethics commission;
Page 2, Line 5(b) An increase in complaint volume will increase the need for
Page 2, Line 6resources within the independent ethics commission to process and decide complaints; and
Page 2, Line 7(c) Resources to allocate to the independent ethics commission to process the increased complaint volume are limited.
Page 2, Line 8(2) The general assembly further finds and declares that the
Page 2, Line 9independent ethics commission's jurisdiction should be expanded while
Page 3, Line 1using existing resources so that the general assembly may observe the
Page 3, Line 2actual increase in caseload presented by the expansion and allocate appropriate resources to the independent ethics commission in the future.
Page 3, Line 3SECTION 2. In Colorado Revised Statutes, 24-18.5-101, add (4.5) as follows:
Page 3, Line 424-18.5-101. Independent ethics commission - establishment
Page 3, Line 5- membership - subpoena power - definitions. (4.5) (a) As used in this subsection (4.5), unless the context otherwise requires:
Page 3, Line 6(I) "Any other standards of conduct and reporting
Page 3, Line 7requirements as provided by law" has the same meaning as set forth in section 5 of article XXIX of the state constitution.
Page 3, Line 8(II) "School district" has the same meaning as set forth in section 22-30-103 (13).
Page 3, Line 9(III) "School district employee" means a temporary or
Page 3, Line 10permanent superintendent of a school district or a temporary or
Page 3, Line 11permanent head administrative officer designated by a school
Page 3, Line 12board to execute its policy decisions who is appointed or hired
Page 3, Line 13by, directly reports to, and is subject to the direction of the school district's board.
Page 3, Line 14(IV) "School district official" means a member of a school district's board.
Page 3, Line 15(V) "Special district" means a quasi-municipal corporation
Page 3, Line 16and political subdivision organized or acting pursuant to the
Page 3, Line 17provisions of title 32 and does not include any entity organized
Page 3, Line 18or acting pursuant to the provisions of article 8 of title 29,
Page 3, Line 19article 20 of title 30, article 25 of title 31, or articles 41 to 50
Page 3, Line 20of title 37.
Page 4, Line 1(VI) "Special district employee" means a temporary or
Page 4, Line 2permanent employee of a special district who is appointed or
Page 4, Line 3hired by, directly reports to, and is subject to the direction of the special district's board.
Page 4, Line 4(VII) "Special district official" means a member of a special district's board.
Page 4, Line 5(b) Special district officials, special district employees,
Page 4, Line 6school district officials, and school district employees are
Page 4, Line 7subject to the provisions of article XXIX of the state
Page 4, Line 8constitution and to any other standards of conduct and reporting requirements as provided by law.
Page 4, Line 9(c) In addition to any of its other powers and duties as provided by law, the commission may:
Page 4, Line 10(I) Hear complaints, issue findings, and assess penalties on
Page 4, Line 11ethics issues arising under article XXIX of the state
Page 4, Line 12constitution and other standards of conduct and reporting
Page 4, Line 13requirements as provided by law involving special district
Page 4, Line 14officials, special district employees, school district officials, or school district employees; and
Page 4, Line 15(II) Issue advisory opinions and letter rulings on ethics
Page 4, Line 16issues arising under article XXIX of the state constitution and
Page 4, Line 17other standards of conduct and reporting requirements as
Page 4, Line 18provided by law involving special district officials, special
Page 4, Line 19district employees, school district officials, or school district employees.
Page 4, Line 20SECTION 3. Appropriation. (1) For the 2025-26 state fiscal
Page 4, Line 21year, $120,856 is appropriated to the judicial department for use by the
Page 5, Line 1independent ethics commission. This appropriation is from the general
Page 5, Line 2fund. To implement this act, the commission may use this appropriation as follows:
Page 5, Line 3(a) $96,917 for program costs, which amount is based on an assumption that the commission will require an additional 0.8 FTE; and
Page 5, Line 4(b) $23,939 for the purchase of legal services.
Page 5, Line 5(2) For the 2025-26 state fiscal year, $23,939 is appropriated to
Page 5, Line 6the department of law. This appropriation is from reappropriated funds
Page 5, Line 7received from the judicial department under subsection (1)(b) of this
Page 5, Line 8section and is based on an assumption that the department of law will
Page 5, Line 9require an additional 0.1 FTE. To implement this act, the department of
Page 5, Line 10law may use this appropriation to provide legal services for the independent ethics commission.
Page 5, Line 11SECTION 4. Act subject to petition - effective date. This act
Page 5, Line 12takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 13ninety-day period after final adjournment of the general assembly; except
Page 5, Line 14that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 15of the state constitution against this act or an item, section, or part of this
Page 5, Line 16act within such period, then the act, item, section, or part will not take
Page 5, Line 17effect unless approved by the people at the general election to be held in
Page 5, Line 18November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.