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On or about August 16, 2012, Governor John Hickenlooper attended the weekend kick-off for the USA Pro Cycling Challenge in Durango, Colorado (the “Durango Kick-off”) and used a State-owned King Air Turbo, with the Tail Number N205SP (the “State-owned plane”) to transport himself, his son, and Ken Gart to the Durango Kick-off. On information and belief, Ken Gart is a political supporter of the Governor and not an employee of Colorado. On July 12, 2013 KDVR Fox 31 (“Fox 31”) published the article attached Exhibit A entitled ”How much you pay for Colorado’s State Plane” (the “Fox 31 Article”). The Fox 31 Article claimed that, while its author was investigating its factual basis, the Governor wrote a check to the state for $904.00. The Fox 31 Article also claimed that Ken Gart reimbursed the State $431.00 for the trip to the Durango Kick-off. The Fox 31 Article does not specify when this reimbursement occurred. This conduct may implicate several standards of conduct over which the Independent Ethics Commission (“IEC”) has previously claimed jurisdiction pursuant to Section 5(1) of Article XXIX of the Colorado Constitution. First, C.R.S. § 24-18-103(1) requires that a “A public officer . . . shall carry out his duties for the benefit of the people of the State.” Second, Under C.R.S. § 18-8-404, a public servant cannot “with intent to obtain a benefit . . . violate any statute or lawfully adopted rule or regulation relating to his office.” Third, the above conduct may have been a violation of Article XXIX, another statute, another rule, reporting requirement, or standard of conduct. Such may be, but not necessarily include, one or more of the following rules contained in 1 C.C.R. 101-1: (a) (b) (c) (d) (e) Rule 2-1.01 (prohibiting use of any public funds for non-State purposes); Rule 5-3.2.2 (prohibiting travel not for the State’s benefit being charged to the State); Rule 5-7.3 (terming “Personal expenses incurred during travel that are primarily for the benefit of the Traveler and not directly related to State Business” as a “NonAllowable Travel Expense”); Rule 5-7.4 (terming “Political Expenses” as a “Non-Allowable Travel Expense”); and/or Rule 5-11.7 (requiring an allocation of costs when a trip is partially for State business and partially for personal or political purposes).

In deciding whether to conduct and in ultimately conducting this investigation, the Complainant respectfully requests that the IEC consider four things. First, that the Governor may have taken his guests (his son and Mr. Gart) to the Durango Kick-off for a non-state or even a political, purpose. Second that in the Governor and his guests using the State-Owned plane, he and his guests may have caused the expenditure of state monies. Pursuant to IEC precedent established in Colorado Ethics Watch v. Gessler, IEC complaint 12-07, a subsequent reimbursement of improperly received or utilized funds cannot spare a liable public official from an IEC penalty. Fourth, Section 3(a) of Article XXIX of the Colorado Constitution allows any person to file with the IEC a written complaint “ASKING whether a public officer has failed to comply with this article or any other standards of conduct or reporting requirements as provided by law within the preceding twelve months” (emphasis added). I therefore ask the IEC to investigate this matter.

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The Complainant's name is Jason Worley The Complainant’s Address is The Complainant's phone number is (303)

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EXHIBIT A

How much you pay for Colorado’s state plane
Posted on: 9:00 pm, July 10, 2013, by Justin Joseph (http://kdvr.com/author/kdvrjustinjoseph/), updated on: 10:45am, July 12, 2013

It may surprise you to learn that, as a Colorado resident, you own it. It’s one of the state planes paid for by your tax dollars. “It’s always more cost-effective when you’re going around the state, especially in a state like ours,” said Lance Clem, a spokesperson for the Colorado State Patrol. By state statute, the State Patrol is responsible for maintaining and operating the plane.

“Whomever is using the plane is responsible for explaining how it’s used and why it’s used in the manner it’s used.” Clem said. Using open records laws, FOX31 Denver obtained and analyzed thousands of documents that recorded every flight, every passenger and every destination. Records provided by the state show the plane taking at least 242 trips over the last three years.

But that number can be deceptive. “A trip can be to multiple destinations,” Clem said. “For example, the governor could take a trip to Pueblo and then from there go to Durango and from Durango to Craig and then back to Denver. That’s one trip you’ll see here.”

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Clem explains it’s available to any state office or agency for state business.

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One of them displays the tail number N205SP. It’s a King Air Turbo and comes with a price tag of $4.2 million.

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DENVER — On a sunny Spring day in Centennial, you’ll find private jets lining the runway, cleared for takeoff. Many of these private planes transport some of Colorado’s most powerful and prestigious passengers.

That’s exactly what FOX31 Denver found. Take for example an August trip when Gov. John Hickenlooper took his son, Teddy, to the weekend kick-off for the USA Pro Cycling Challenge in Durango. Also on board was Hickenlooper supporter and former mega sports store owner Ken Gart and his son. The State Manifest shows this as one trip when the plane was actually in the air five different times. After flying to La Junta, the King Air was on its way to Durango where it dropped off the governor and other passengers. Forty minutes later, the plane was in the air again and headed back to Centennial. Two days later, N205SP was on its way back, this time to Telluride, to pick everyone up. One hour later, it was headed back to Centennial.

Official business also took University of Colorado doctor Madeleine Kane to Alamosa at least 39 times to treat cancer patients. The university reimburses the state every time it uses the state plane. A trustee of Western State College used the plane at least 13 times to attend meetings, just under the number of times the Lieutenant Governor’s Office requested to use the plane.

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Over three years, FOX31 Denver found the Governor’s Office used the plane 42 times — more than any other agency.

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Some passengers weren’t just buckled in with seat belts — they were also in handcuffs. The state plane is routinely used for prisoner transports, bringing fugitives like Jeremy Estep back to Colorado to stand trial for murder. However, some watchdog groups consider some examples of “state business” we found to be wasteful. In August, for example, the Colorado Wine Board flew writers and other guests to the Western Slope, hopscotching from regional airport to regional airport to pick up passengers. Some of these flights took passengers just 33 miles from Centennial Airport in Arapahoe County to Rocky Mountain Metropolitan Airport in Jefferson County. It’s a flight time of seven minutes. Doug Caskey, the Wine Board’s executive director, told us “that was a matter of convenience and discounted parking and again saving the participants’ time.” FOX31 Denver also found seven-minute flights heading from Centennial Airport to Rocky Mountain Metropolitan Airport to fly to Colorado Mesa University State Board meetings and Adams College, both on the Western Slope. Luis Toro with Colorado Ethics Watch said the mere fact that the state plane is making sevenminute flights is counter-intuitive,

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“The issue with the seven-minute flight is that it doesn’t seem like a wise investment,” he said. “Every time someone spends money, leaders should be asking, ‘Is this a wise investment that we have all made to make Colorado better a state?’ To me, that’s over the line and I don’t think that can be justified.” When made aware of our report, the state filed papers with the FAA to block the public from accessing the flight information from N205SP. “That’s disturbing and it makes it seem like they don’t want the public to know what they’re using this plane for,” said Toro. For every hour in the air, the state agency responsible for reserving the plane pays $525. Passengers who are on board but not on state business are responsible for paying their own way.

Ken Gart reimbursed the State $431 for the trip to the USA Pro Cycling trip.

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FOX31 Denver found that includes Hickenlooper’s son Teddy. After we started asking questions and digging into state records, the governor wrote a check to the state for $904.

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