31. $1.278.90 in fiscal year 2011-2012 statutory discretionary funds (C.R.S. §24-9-105(1)) to travel to Florida to attend a Continuing Legal Education(CLE) program sponsored by the Republican National LawyersAssociation and accredited by the Colorado Supreme Court;2. $422 in Department funds to return early from Florida, at his chief of staff’s request following discussions with Colorado law-enforcementauthorities, due to specific and violent threats against his wife anddaughter; and3. $117.99 in fiscal year 2011-2012 discretionary funds for end-of-yearreimbursement without providing receipts, but for which the Secretary hassubsequently provided a specific breakdown of $616 in unreimbursedexpenses.In utilizing state funds in this manner, CREW alleges that the Secretary “may” havecommitted three crimes: (1) misdemeanor first-degree official misconduct (C.R.S. § 18-8-404and 1 Colo. Code Regs. § 101-1:2-1.01); (2) felony embezzlement (C.R.S. § 18-8-407); and (3)misdemeanor abuse of public records (C.R.S. § 18-8-114).CREW submitted to the Commission the same requests for criminal investigation, askingthe Commission to open a separate ethics investigation against the Secretary, based upon thesame three criminal statutes.
Exhibit A (“the Complaint,” including the initial complaint andsupplemental complaint).
B. The Commission denies the Secretary’s motion to dismiss, illegally assertingbroad jurisdiction beyond Amendment 41’s gift and lobbying bans and overpotential violations of criminal statutes.1. The Commission orders the Secretary to respond to the Complaint.
The Commission is an agency and inferior tribunal of the State of Colorado, created byAmendment 41 (Article XXIX) to the Colorado Constitution and C.R.S. § 24-18.5-101. Itsmembers currently include Commissioners Dan Grossman (Chairman), Sally Hopper, BillPinkham, Matt Smith, and Rosemary Marshall.