Panel wants 'specificity' on ethics complaint against mayor
The city's Independent Ethics Commission shelved a conflict-of-interest complaint against Mayor Lionel Rivera on Monday, saying it needs more information to determine whether it has jurisdiction.
The three-member panel asked Ron Johnson, a local investment adviser who filed the complaint, for more "specificity" about the allegations, including dates, and any evidence to support them.
Johnson is accusing the mayor, a stockbroker who works for UBS Financial Services, of having financial ties to a developer who was selected for the $53 million deal to keep the U.S. Olympic Committee headquartered in Colorado Springs.
Dates are especially important because the commission will only investigate complaints that occurred within 12 months from the time they were filed, according to its rules of procedure.
Johnson said he was unaware of the rules requiring "that level of specificity" to an ethics complaint, but he told the commission that he would provide them the supporting documentation in a week.
The mayor, who has repeatedly dodged questions about his relationship with Ray Marshall, chairman of LandCo Equity Partners, did not attend the meeting, which lasted about 10 minutes.
Afterward, Johnson said he was disappointed but not surprised by the commission's decision not to delve into the complaint right away.
"It struck me today that the commission seemed much more interested in putting forth a process that forestalled the investigation rather than using the powers that they have under the ordinance and taking the initiative to do their own homework," he said. "After all, they have the subpoena power, I do not."
But Johnson, president and chief executive officer of Springs-based Central Bancorp Inc., said he will comply with the commission's request.
"I intend to provide them with brokerage statements showing that the mayor had a direct financial relationship with a Ray Marshall entity," he said.
During the meeting, Johnson insisted that the commission immediately launch an investigation into the "ongoing appearance of impropriety" involving the mayor.
"I believe our community deserves answers to what happened 14 months ago when this deal with the USOC and LandCo was hatched," he told the commission. "I believe that the intervening negotiations have been done largely in the dark and continue to be so - as recently as last week - again behind the cloak of, ‘We've got lawsuit issues to discuss.' I believe that gives a very direct appearance of impropriety on behalf of the mayor."
But Stephen Hook, the commission chairman, shot down Johnson's request.
Hook said the commission wanted to "have all the matters in one complaint" before moving forward.
The purpose of Monday's meeting, Hook said in the beginning, was not to determine whether the complaint had merit but to conduct an "initial review" to determine whether the commission had jurisdiction over the complaint.
"Is the complaint specific enough that the commission can review these allegations and make a determination? And secondly, did the conduct complained of occur within 12 months of May 4, 2009?" he asked. "From the face of the complaint, it's difficult to make either of those determinations."
Commissioners Jan Doran and Mal Wakin said they needed more information, too.
"There's isn't any question. I need specific information as to whether or not UBS (Financial Services), in particular Mr. Rivera, is managing accounts for LandCo and particularly for Ray Marshall," Wakin said. "Is he doing it now? Was he doing it a year ago? If so, then I can certainly make some judgments. But I need to know that first."
Hook, who retired from the City Attorney's Office after 25 years, declined to comment after the meeting.
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