Describe the specific acts or things complained of, with facts that provide a full understanding of the alleged violation(s). If possible, cite the specific ethical standards alleged to have been violated and describe how the violation(s) occurred…
The above is quoted from the official form citizens use to submit information about possible governmental ethics violations to Colorado’s Independent Ethics Commission (IEC), a constitutionally created independent commission charged with the implementation of Article XXIX of the Colorado Constitution.
In response to that paragraph, local Pagosa Springs activist Matt Roane provided the following information, and posed some questions.
On October 27, 2022, the Pagosa Springs Sun reported that Archuleta County Commissioner Warren Brown has been accepting reimbursements for mileage driven in his personal car commuting between his home and regular office. The Sun reported that payments began accruing the week of August 28, 2022…
C.R.S. sec. 30-2-103 allows county commissioners to accept reimbursements for mileage incurred “when engaged in business on behalf of the county” as set by resolution of the county commissioners. In the same Sun article, the County’s Administrator explained that the Commissioner’s supposed authorizing resolution was Resolution No. 2016-22, updating Archuleta County’s “Personnel Policy and Procedures Handbook for County Employees”… While the Handbook does authorize employees to get reimbursed for mileage incurred while driving their personal vehicles, the vehicle must be in use “for business”. (Section 702, p.83.) The Handbook also explains, “The personal use of a county vehicle includes commuting to and from work ….” (Sec. 604, p.70.)…
The foregoing circumstances beg several questions:
1. Is the Commissioner an “employee” whose conduct is governed by the Handbook?
2a. If not, where is the resolution authorizing the Commissioner’s reimbursement for mileage as required by C.R.S. sec. 30-2-103?
2b. If so, does the Commissioner’s commute to/from work constitute being “engaged in business on behalf of the county” under C.R.S. sec. 30-2-103, and conducting “business” as required by the Handbook?
3. If no to either question in 2b, is the Commissioner’s acceptance of reimbursement for mileage incurred commuting to his office a violation of Colorado’s Gift Ban as set forth in Colo. Const. Article XXIX, Section 3?
Mr. Roane filed the information and questions with the IEC on November 1, 2022.
The October 27, 2022, article in the weekly Pagosa Springs SUN was written by reporter Josh Pike, and summarized the change in Archuleta County policy — and raised questions about whether the new policy was legal.
Documents obtained by The SUN through a Colorado Open Records Act request indicate that some of the Archuleta County commissioners are receiving reimbursements for their mileage expenses, including to and from their homes, under a new county policy.
The commissioners who were accepting the reimbursements — for driving to and from their homes — included Commissioner Warren Brown and Alvin Schaaf. Mr. Schaaf failed in his re-election bid and was replaced last January by Veronica Medina.
The SUN story states that current Commission chair Ronnie Maez did not apply for the reimbursements.
The SUN story notes:
In an interview, County Manager Derek Woodman explained that Archuleta County learned that other counties “across the state are reimbursing their commissioners for their actual expenses.”
Woodman cited the practice is supported by Colorado Revised Statute 30-2-102, which states, “All actual and necessary expenses of an elected officer incurred while engaged in business on behalf of the county may be allowed by the board of county commissioners and paid out of the county treasury.”
Reporter Pike also quoted a response from Commissioner Warren Brown:
“I’m not a commissioner that shows up twice a week for a couple hours a day. I have made the commitment that this is going to be my full-time employment and I have made that commitment, and I’m here and I’m working many hours a week, every single week. And if I’m not, of course, why would I ask for mileage reimbursement? Because that would be unethical.
“But the fact of the matter is… I would guess, I don’t know this … that I am working more hours than any commissioner has worked in the recent history. When I’m asked to be at a community event, I take that as a very serious part of this job. And it seems that I make myself more available than some others. And it could be because they have other jobs that won’t let them or whatever — and I’m not throwing anyone under the bus — all I’m saying is that I made this commitment…”
It’s not immediately clear whom, exactly, Commissioner Brown was trying not to throw under the bus. But it was obviously one or more of his fellow commissioners.
Mr. Roane, meanwhile, seems to be indicating, in his complaint to the IEC, that county commissioners are required to abide by Colorado law, even if they feel they are working more hours that any commissioner has worked in the recent history.
The first question that the IEC needed to answer, it seems, was whether Mr. Roane’s complaint was ‘non-frivolous’. And that question was answered in the affirmative, according to a July 27 story by reporter Josh Pike.
The Colorado Independent Ethics Commission (IEC) found that two ethics complaints submitted by local attorney Matthew Roane concerning two Archuleta County commissioners are “non-frivolous,” according to a July 21 notice received by Roane and obtained by The SUN.
The purpose of the IEC is to give advice and guidance on ethics issues arising under Article XXIX of the Colorado Constitution and any other standards of conduct or reporting requirements as provided by law; and to hear complaints, issue findings, and assess penalties and sanctions where appropriate.
The IEC consists of five members, one is appointed by the Governor, one by the House of Representatives, one by the Senate, one by the Chief Justice of the Colorado Supreme Court, and one by the other four Commissioners. The fifth Commissioner is a representative of local government. The Commissioners serve without pay, but are reimbursed for expenses.