14DB8C759C5D951C87258B42005558C7 Hearing Summary

Shelby Ross, Office of Legislative Legal Services, presented to the committee on the evidence received to date and the evidence not received to date.

The committee began the review of the evidence by discussing Sen. Winter's answer to the ethics complaint. The answer and several exhibits submitted with the answer may be found in Attachment A.

The committee continued by discussing evidence submitted by the Northglenn Mayor and City Council members.

Senator Gonzales commented on the evidence submitted from the Northglenn public meetings.  Senator Roberts commented on the correspondence from constituents and the letters Senator Winter received regarding the April 3 meeting. Senator Lundeen commented on the videos of the meetings of the Northglenn City Council in April, and the comments made by members of the public at those meetings.

The committee discussed the complaint and the video evidence submitted from the April 3 meeting. The committee discussed the questions posed to Senator Winter during the meeting. Senator Roberts commented on the complaint, Senate Rule 41, and Senator Winter's behavior at the April 3 meeting.

Committee conversation continued regarding the timeline of events, Senator Winter's comments, and probable cause regarding the complaint. The committee further discussed the commission of crimes, noting that their charge was not to determine whether Senator Winter committed any crimes. The committee discussed Senator Winter's interactions with the police at the April 3 meeting.

The committee continued by discussing the culture of alcohol use in the Capitol and how it related to the complaint and the response by Senator Winter. Senator Roberts noted that the committee is in the phase of proceedings regarding determination of probable cause. The Office of Legislative Legal Services distributed a memorandum regarding probable cause (Attachment B). Senator Roberts continued discussing the relationship between the complaint, the senate ethics rule, and Senator Winter's response to the complaint.

Senator Lundeen referenced the memo on probable cause, and the specific language of the allegations submitted by the City of Northglenn. Committee discussion on probable cause continued.

Jennifer Berman, Office of Legislative Legal Services, responded to questions from the committee by referencing Senate Rule 43 and the determination of probable cause to proceed. Committee discussion continued regarding the complaint, the specific allegations within the complaint, and the additional information submitted with the complaint. Ed DeCecco, the Office of Legislative Legal Services, further commented on the complaint.

Committee discussion continued regarding the complaint, Senate Rule 43, Senate Rule 41, and the response to the complaint. The committee discussed the culture of alcohol use at the Capitol and whether that should be pertinent in making a probable cause determination.

The committee continued by discussing the videos submitted by the Northglenn Police Department and documents submitted by the Westminster City Council. Senator Gonzales noted that the committee did not receive responsive evidence from Colorado State Patrol and Thornton City Council, and did not received a response from the Adam's County Sheriff's Office.

Senator Gonzales asked the committee if there were additional requests for evidence. Senator Gardner noted that he had sufficient evidence to determine probable cause, but may make additional requests if probable cause is found. The other committee members concurred.

The committee discussion turned to a determination of making probable cause. The committee took a brief recess.

The committee reconvened. Senator Gonzales noted that Senator Winter included exhibits as part of her response, and discussed that she would not be considering certain exhibits in her consideration of probable cause. Senator Gardner commented about factual determinations at this stage of the proceedings.

Senator Gonzales asked if the committee was prepared to make a finding related to probable cause. Jennifer Berman, Office of Legislative Legal Services, discussed standards related to probable cause. Ms. Berman responded to a question from the committee regarding the motions that are in order at this stage in the proceeding, responding that the motions are that probable cause is found or probable cause is not found and the complaint is therefore dismissed.

The committee shared their views on whether or not there was probable cause to move forward.

Senator Gonzales noted that under Senate Rule 43 (d) the committee is required to notify Senator Winder that probable cause exists. She discussed the notice requirements for Senator Winter, and noted that a letter will be sent to Senator Winter on behalf of the committee. She noted that, after that, the next steps will depend on whether Senator Winter exercises her right to a hearing under Senate Rule 43 (d).

Jennifer Berman discussed the timeline for the committee's actions, explaining that Senator Winter has seven days, or until June 27, to make a request for an evidentiary hearing. The committee has 14 days after that request to commence an evidentiary hearing, or a deadline of Thursday July 11, or earlier if Senator Winter request the hearing earlier. Ms. Berman noted that the rule is not specific about how many meetings to have. Senator Gonzales identified July 8 as a possible meeting date, if Senator Winter requests an evidentiary hearing. Ms. Berman noted that the committee may develop its own rules of procedure, and could meet on July 1 or July 8 for this purpose.

Senator Gardner noted that the committee is authorized to issue subpoenas, and asked if the chair could authorize the subpoenas or if the committee needed to vote to issue individual subpoenas. Committee discussion on this issue commenced. Senator Gonzales asked what the outcome might be if Senator Winter does not request an evidentiary hearing, noting that the rule is silent on next steps in that case, and Ms. Berman responded.

Senator Lundeen moved to allow the chair the authority to issue subpoenas on behalf of the committee.

Senator Gonzales asked Senator Winter if she had any procedural questions and she responded that she did not. Senator Gardner asked if, in the event that an evidentiary committee was not requested, the committee could entertain an in-person statement from Senator Winter. Senator Gonzales commented.

The committee adjourned.