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5648FBE94B806BFE872586FF0052F042 Hearing Summary




PUBLIC
BILL SUMMARY For REVIEW OF PROCEDURES, STANDARDS, CRITERIA PURSUANT TO SENATE RULE 43

OTHER COMMITTEE COMMITTEE ON ETHICS COMMITTEES
Date Jun 25, 2021      
Location SCR 352



Review of Procedures, Standards, Criteria Pursuant to Senate Rule 43 - Committee Discussion Only


09:05:58 AM  
Senator Gonzales explained that the committee
was initially formed on June 9, but the committee was re-formulated on
June 17. The timelines that apply to the committee are based on the June
17 date. Ms. Berman described the provisions of Senate Rule 43 and explained
that a complaint filed in April was not dismissed by Senate leadership
and an ethics committee was formed. The person who is subject to the complaint
may file a response, and Ms. Berman noted that Senator Gardner had done
so within the applicable timeframe.


Ms. Berman explained that Senate Rule
43 provides a two-step process. The first is a preliminary investigation
that must be concluded within 30 days of the appointment of the Ethics
Committee. The second step is an evidentiary hearing that only happens
if the committee determines that there is probable cause to proceed. The
preliminary investigation cannot consider testimony or other evidence from
other sources, including any materials that were volunteered to the committee
and were not provided to the committee upon its request. The committee
is determining whether there is probable cause that there was a violation.
If there is no probable cause, the committee must dismiss the complaint.
If there is probable cause, the committee must notify Senator Gardner.
09:11:11 AM  
Ms. Berman discussed the probable cause standard. She described the evidence that the committee may consider during its review.
09:13:26 AM  
Senator Lundeen asked about the timeline
specified by Senate Rule 43, and Ms. Berman provided information about
initial review of the complaint by Senate leadership, explaining that the
investigation portion commenced when the committee was formed.  Senator
Lundeen asked if the committee could make a determination about the complaint
at today's meeting, and Ms. Berman noted that it is an option for the committee
to determine at today's meeting whether probable cause exists.  Alternatively,
the committee could request additional evidence.
09:18:23 AM  
Senator Cooke noted that the complainant
submitted a response to Senator Gardner's response, and Ms. Berman noted
that the complainant's document is not permitted to be considered under
the process outlined in Senate Rule 43. Senator Cooke asked if witnesses
can be called if the proceedings enter an evidentiary phase, and Ms. Berman
responded that the committee may call witnesses.
09:20:20 AM  
Bob Lacker, OLLS, gave an overview of the
process if the committee makes a determination that probable cause exits
to go forward. If that determination is made, Senator Gardner may request
a hearing within seven days, and appear, cross examine witnesses, and be
respresented by counsel. The committee may take testimony under oath, issue
subpoenas, and hire counsel. Mr. Lacker noted that the committee is subject
to the provisions of the Colorado Open Records Act (CORA) and the Colorado
Open Meetings Law (OML). He  discussed the notice provisions of the
OML. He discussed the requirements related to executive session, noting
that the pertinent rules regarding executive session do not appear to apply
to the committee's proceedings.
09:24:19 AM  
Mr. Lackner considered by discussing CORA.
He noted that records discussed in the meeting may become public records.
He noted that OLLS is maintaining a notebook of materials that are public
records and available to the media.






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