THE SPYGLASS: City's ethics commission is twiddling its thumbs

   In April 2007, Colorado Springs faced having to comply with the state's voterapproved ethics law advanced by Common Cause.

   The City Council believed it was too restrictive - according to the city attorney, it could even bar a city employee's child from accepting a college scholarship.

   To remedy that, the council used the city's home-rule authority to create its own ethics code (go to springsgov.com and type "ethics" into the search field) and appointed a three-member commission to review complaints and issue advisory opinions.

   So far, the commission is like the Maytag repairman - the loneliest city board in town. The only times it met were to write rules of procedure.

   Since then, zip. This, despite Councilwoman Margaret Radford's admitted quandary over what she can or can't do to promote El Paso County's imminent tax measure, considering she's employed by the county's Health Department, which stands to gain $14 million if the measure passes.

   Gary Fornander, a 37-year city resident and a Colorado Common Cause member, suggested she seek an Ethics Commission opinion.

   Radford told him she already had sought legal and ethical advice and hadn't thought of the commission.

   Fornander commends the city for adopting an ethics code but questions how serious officials are. He asked what training is provided, considering it's a requirement of the city's code. Training started this spring, and employees will be required starting next month to use a 20-minute "computer learning module," city officials said.

   "Trust in government depends upon openness and citizen access to information about government, and that includes ethics," he said, including training and how cases are reviewed. "The approach to ethics should be proactive."

   That's why he thought Radford might want to give the commission a spin.

   Here's another opportunity: Mayor Lionel Rivera's employer UBS last summer bought a share of the Front Range Power Co., which is half-owned by Colorado Springs Utilities. With its partners, the city built and operates the gas-powered Front Range Power Plant south of town.

   Rivera, chairman of the Utilities Board, didn't have to approve the sale, because that authority lies with Utilities CEO Jerry Forte.

   Rivera says the UBS division involved in the transaction is separate from the part of the house where he works, so there's no conflict of interest.

   "Neither I or my clients have a financial interest in the (UBS) fund that acquired Northern Star Energy, the 50% owner of Front Range Power," Rivera said in an e-mail. "Neither I or my clients have a financial interest in the success or failure of that same investment."

   Still, Rivera has agreed to abstain from a vote that will be triggered by the sale under the ownership agreement. That vote will be to decide whether the city will buy out its partners in 2009 or 2010.

   Rivera said he sought a legal opinion but not in writing about his potential conflict of interest. He didn't submit the matter to the Ethics Commission.

   Rivera said he'll consider abstaining from other issues that involve Front Range "on a case by case basis."

   By the way, news of the transaction was presented to the Utilities Board via memos in July and August 2007, not at an open public meeting.

   This just in: The Ethics Commission will meet Monday to take up the Radford matter. 

CONTACT THE WRITER: 636-0238 or pam.zubeck@gazette.com