November 11, 2008 07:23 PM UTC

Hail The Toothless Ethics Law

• 4 Comments
• by: Colorado Pols

As the Greeley Tribune reports:

The Weld District Attorney’s Office said newly elected Weld County Commissioner Barbara Kirkmeyer likely broke a state law when she helped the towns of Firestone, Gilcrest and Fort Lupton earn state grants from 2007-2008, but there is no penalty to pursue in this case.

Weld District Attorney Ken Buck has surmised that given that knowledge, the towns’ grants could be suspended if the new director decides the grants were wrongfully approved…

Kirkmeyer served as the executive director of the state department [of Local Affairs] from January to August 2006, and she worked in other capacities there until June 30, 2007.

State law prohibits former employees, within six months of such employment, “from contracting with the state agency or any local governments involving matters with which he was directly involved during is his employment.”

Kirkmeyer entered into a number of contracts with cities and towns for grant-writing services, as soon as four months after leaving the department. In all, she earned $35,500 for her services with the three towns.

Officials with the state department confirmed Friday they had received Buck’s letter and affidavit, which stated that there is no evidence Kirkmeyer was aware of the law’s provisions before entering into the contracts with the towns.

Got that? The Bill Owens-appointed head of the Department of Local Affairs is claiming ignorance of the most important ethics law governing her as a recent state employee. Which works out really well, because the ethics law in question requires that you “knowingly” violate it for there to be a penalty. Voila!

“I think it’s just confusing,” she said. “It’s hard to have a lapse in judgment when you don’t know about something.”

Molocznik reported that he reviewed the Department of Personnel Director’s Administrative Procedures that were in effect while Kirkmeyer worked with the department, and that he could not find any reference to the state law in question.

“I didn’t know it was an issue,” Kirkmeyer said.

The Owens handbook omitted the “revolving door” section? Come on, act “surprised,” just like Kirkmeyer was “surprised.”