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.
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. In Colorado Revised Statutes, 24-18.5-101, add (4.5) as follows:
Page 2, Line 324-18.5-101. Independent ethics commission - establishment
Page 2, Line 4- membership - subpoena power - definitions. (4.5) (a) As used in this subsection (4.5), unless the context otherwise requires:
Page 2, Line 5(I) "Any other standards of conduct and reporting
Page 2, Line 6requirements as provided by law" has the same meaning as set forth in section 5 of article XXIX of the state constitution.
Page 2, Line 7(II) "School district" has the same meaning as set forth in section 22-30-103 (13).
Page 2, Line 8(III) "School district employee" means a temporary or
Page 2, Line 9permanent superintendent of a school district or a temporary or
Page 3, Line 1permanent head administrative officer designated by a school
Page 3, Line 2board to execute its policy decisions who is appointed or hired
Page 3, Line 3by, directly reports to, and is subject to the direction of the school district's board.
Page 3, Line 4(IV) "School district official" means a member of a school district's board.
Page 3, Line 5(V) "Special district" means a quasi-municipal corporation
Page 3, Line 6and political subdivision organized or acting pursuant to the
Page 3, Line 7provisions of title 32 and does not include any entity organized
Page 3, Line 8or acting pursuant to the provisions of article 8 of title 29,
Page 3, Line 9article 20 of title 30, article 25 of title 31, or articles 41 to 50 of title 37.
Page 3, Line 10(VI) "Special district employee" means a temporary or
Page 3, Line 11permanent employee of a special district who is appointed or
Page 3, Line 12hired by, directly reports to, and is subject to the direction of the special district's board.
Page 3, Line 13(VII) "Special district official" means a member of a special district's board.
Page 3, Line 14(b) Special district officials, special district employees,
Page 3, Line 15school district officials, and school district employees are
Page 3, Line 16subject to the provisions of article XXIX of the state
Page 3, Line 17constitution and to any other standards of conduct and reporting requirements as provided by law.
Page 3, Line 18(c) In addition to any of its other powers and duties as provided by law, the commission may:
Page 3, Line 19(I) Hear complaints, issue findings, and assess penalties on
Page 3, Line 20ethics issues arising under article XXIX of the state
Page 4, Line 1constitution and other standards of conduct and reporting
Page 4, Line 2requirements as provided by law involving special district
Page 4, Line 3officials, special district employees, school district officials, or school district employees; and
Page 4, Line 4(II) Issue advisory opinions and letter rulings on ethics
Page 4, Line 5issues arising under article XXIX of the state constitution and
Page 4, Line 6other standards of conduct and reporting requirements as
Page 4, Line 7provided by law involving special district officials, special
Page 4, Line 8district employees, school district officials, or school district employees.
Page 4, Line 9SECTION 2. Act subject to petition - effective date -
Page 4, Line 10applicability. (1) This act takes effect July 1, 2027; except that, if a
Page 4, Line 11referendum petition is filed pursuant to section 1 (3) of article V of the
Page 4, Line 12state constitution against this act or an item, section, or part of this act
Page 4, Line 13within the ninety-day period after final adjournment of the general
Page 4, Line 14assembly, then the act, item, section, or part will not take effect unless
Page 4, Line 15approved by the people at the general election to be held in November 2026 and, in such case, will take effect on July 1, 2027.
Page 4, Line 16(2) This act applies to a special district employee and a school
Page 4, Line 17district employee who is or becomes employed by a special district or
Page 4, Line 18school district, as applicable, and to a special district official and a school
Page 4, Line 19district official who is or becomes a member of a special district's board
Page 4, Line 20or a school district's board, as applicable, on or after the effective date of this act.