Editor’s Note: State Bill subscribers may listen to, or download, the entire audio of this hearing by clicking on the player below. Not a subscriber? Contact Meg Satrom at meg@circuitmedia.com or 303-292-1212, or learn more by going here.

The backers of three anti-tax ballot initiatives accused the Legislature’s staff of bias Wednesday over the official information book that voters will receive in the mail, The Durango Herald reports.

State legislators approved the book, known as the Blue Book, in a special hearing Wednesday. It will be printed and mailed to voters this month.

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By Jared Jacang Maher, FACE THE STATE

Colorado Rep. Wes McKinley has been ordered to complete private sexual harassment classes after an investigation concluded that the well-known Walsh lawmaker made unwanted sexual advances toward a female lobbyist and “created an intimidating, hostile, or offensive work environment,” according to a confidential letter from House leadership.

Debi Brazzale / Colorado News Agency

State Rep. Wes McKinley

House Speaker Terrance Carroll, the designated arbiter to determine if such allegations are credible, has maintained that legislative rules regarding sexual harassment complaints prevent him from disclosing any information on the matter – even the outcome.

The allegations of sexual harassment emerged in May when a female lobbyist filed a complaint accusing McKinley of grabbing her and sticking his tongue in her mouth during a private meeting in 2007. In the complaint submitted to House leadership, the lobbyist said that McKinley continued to harass her throughout the session, often by making inappropriate jokes to her.

When McKinley was asked last week if he had received any information from Carroll regarding the complaint’s status, he said “No, I haven’t.”

But in a “private letter of admonition” from Carroll to McKinley dated August 12 – a copy of which was shown to Face the State – the speaker explains that an outside employment research company was commissioned to review the claim, and that investigators found that sexual harassment did occur.

“I have reviewed the report, which includes statements of the complainant, yourself, and other individuals with knowledge relevant to the investigation, and takes into consideration all of the circumstances surrounding the alleged events,” writes Carroll. “While questions of credibility and political motivations are raised throughout the report, the independent investigator ultimately found [the complainant's] assertions to be credible.”

Brad Jones / Face The State

State House Speaker Terrance Carroll

Carroll went on to stipulate that McKinley complete a “private one-on-one tutorial” through counseling or a class on how to “avoid conduct that may constitute sexual harassment.” McKinley must provide documentation before the end of the year showing he has completed the class.

Carroll stresses repeatedly that the outcome of the investigation and his reprimand should be handled “discreetly and confidentially as possible,” using the word “private” five times in the the 1 1/2 page letter.

“For my part, I intend to decline all requests for access to any records regarding this matter and will continue to decline to make any comments regarding this matter,” writes Carroll.

House Majority Leader Paul Weissmann says he hasn’t seen the investigation report and has no knowledge of any resolution. “But I was interviewed for the investigation, as were others here, other legislators,” he acknowledges.

McKinley has not responded to subsequent phone calls and e-mails seeking his response to the letter, or if he agrees with the investigation’s conclusions. McKinley previously has publicly denied harassing the woman and said the complaint was an effort to harm him politically.

McKinley had filed an ethics complaint against lobbyist Nate Gorman after a verbal confrontation in the halls of the Capitol in April. Though the complaint was ultimately dismissed, McKinley told the Denver Post earlier this year that he believed the sexual harassment allegations were part of an effort to get back at him.

The attorney representing the female lobbyist is right-leaning political activist and writer Jessica Corry, who has contributed to Face the State in the past.

Corry has not yet replied to a call seeking reaction to Carroll’s letter vindicating her client. But in a May interview with Face the State, she dismissed the notion that partisan politics played a factor in the complaint against McKinley. “This case is about protecting the rights of a woman relentlessly harassed by a legislator who presumed his political power could buy her silence,” she said. “He was wrong.”

Contact the author at jared@facethestate.com or 720-279-9870 x106.

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By next Tuesday, the day after Labor Day, there could be a new Republican candidate for governor to replace current nominee Dan Maes, The Colorado Statesman reports. Names again are circulating as possible replacements, including the 2006 Republican candidate for governor, Bob Beauprez, and Jane Norton, the former lieutenant governor who recently lost the GOP Senate primary to Ken Buck.

Although Maes said Wednesday he is no longer talking to the press, Republicans statewide could hardly contain their speculation that the rookie candidate might be replaced on the ballot by early next week.

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By Gene Davis, DENVER DAILY NEWS

Black community leaders are staging a rally today to demand accountability for the death of a Denver jail inmate who died at the hands of five sheriff officers.

The non-violent march is starting today at 4:30 p.m. at 14th and Bannock St. and will end at the Justice Center. Community activist Alvertis Simmons is helping lead the march to show support for Marvin Booker, a black man who was choked, tased and pinned down by officers before dying at the Denver jail on July 9.

“What happened to Marvin Booker should not happen to anyone anytime anywhere no matter what race or color they are,” said Simmons. “That’s why we’re together as a community.”

When the march and rally ends at the Justice Center, Simmons plans on being escorted inside the center to issue a list of five demands. The demands are:

Ą Eliminate the type of chokehold that was used on Booker before his death. Officers have been told not to use the chokehold for the time being, though it’s possible local law enforcement agencies could bring the chokehold back in the future;

Ą The five deputies who handled Booker prior to his death must be suspended without pay. The deputies are currently on paid leave while the investigation into Booker’s death is being carried out;

Ą The coroner must specifically list the cause of death or Booker. Although the coroner ruled the death a homicide, which doesn’t necessarily imply wrongdoing, he listed several factors that could have contributed to the death, including the cocaine in his system and the officers sitting on him;

Ą Release the tape of the jail that shows the “killing” of Booker.

Simmons is also demanding that there is a grassroots effort to determine the next Denver manager of safety. Manager of Safety Ron Perea resigned last month after receiving intense pressure for not taking stricter discipline against officers accused of using excessive force. Mary Malatesta is the city’s interim manager of safety.

Rev. Patrick Demmer, who appeared along with Simmons at a press conference yesterday, said while he met Perea and thought he was a “fine man,” he wasn’t ready for the manager of safety job.

“As citizens, the manager of safety needs to cause the citizens to feel safe,” he said. “He works for us.”

Denver Sheriff Spokesman Frank Gale said the sheriff department would take a look at Simmons’ list of demands.

“Certainly we’re very interested in anything the community has to say about the operation of the facility and the agency,” he said. “We want to hear what anybody has to say about the operation of the facility and the agency.”

The investigation into the death of Booker is still ongoing. Gale could not comment on the details of the case due to the ongoing investigation.

According to multiple media outlets, Booker died of cardio respiratory arrest as Denver sheriff officers penned him down. Booker reportedly got into a scuffle with sheriff officers while he was trying to get his shoes. Sheriff officers reportedly shocked Booker Ń a 150-pound 56-year-old homeless man Ń choked him and held him down to the ground.

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By Peter Marcus, DENVER DAILY NEWS

Republican U.S. Senate candidate Ken Buck held a unity rally of sorts yesterday with his former opponent, Jane Norton.

Norton joined Buck at a meeting at the Arapahoe County Men’s Club yesterday, marking the first joint appearance by the former rivals since the contentious Republican primary. Norton said the Republican Party in Colorado needs to rally behind Buck to defeat Democratic incumbent opponent Michael Bennet.

She said Buck would reign in government spending if elected.

“This is a really important election and we have an opportunity to take the Senate back,” said Norton. “He is going to go to Washington, he is going to vote to take our country back and to get us on sound financial footing.”

The Republican U.S. Senate primary became a battle of attacks between Norton and Buck. The battle came to a climax in July when Buck made a controversial statement about Norton wearing “high heels.”

When asked by a voter, “Why should we vote for you?” Buck responded, “Because I do not wear high heels. I have cowboy boots. They have real bulls–t. That’s Weld County bulls–t.”

Norton’s campaign immediately fired back with an ad suggesting that Buck’s comment would be par for the course in Washington.

“Now Ken Buck wants to go to Washington,” the ad stated. “He’d fit right in.”

Norton had also attacked her former Republican primary opponent for calling a fringe part of the Tea Party movement a bunch of “dumbasses.” Buck was secretly caught on tape slamming “birthers,” a fringe part of the Tea Party movement that questions whether President Barack Obama has a valid birth certificate and is a U.S. citizen.

“Ken Buck’s childish insults about Tea Partiers once more raise the question: exactly who is Ken Buck and can we really trust him?,” Norton said back in July. “And just as pointedly, does Ken Buck have the temperament and character to be a United States Senator?”

But all the primary controversy seemed to be behind Norton and Buck yesterday. Buck thanked Norton for her support.

“I said on primary night that we had a little dust up in the family, and the family is coming together, and I really appreciate what Jane has done for us and what all of you have done,” he said.

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By Peter Marcus, DENVER DAILY NEWS

Republican 7th Congressional District candidate Ryan Frazier and his opponent, incumbent Democrat Ed Perlmutter, see support for small business through different lenses.

Perlmutter, a member of the House Financial Services Committee, believes Republicans in the U.S. Senate should stop stalling on a $30 billion plan to make credit more easily available for small businesses.

Frazier, however, said yesterday that Americans are tired of bailing out banks and other financial institutions, and would rather see government craft policy that encourages banks to increase their lending.

Frazier points out that Perlmutter voted for the 2008 $700 billion Troubled Asset Relief Program (TARP). Frazier says with the Wall Street bailout, the Federal Reserve was authorized to pay banks higher interest rates to keep their funds parked at the Federal Reserve instead of lending the money to the American people.

“When Ed voted to bail out Wall Street, he also authorized the Federal Reserve to pay banks not to loan Ń which hurt the ability of small businesses to obtain credit,” Frazier said in a statement e-mailed to the Denver Daily News. “The American people don’t need more taxpayer bailouts, they need the government to let banks loan again.”

Critics believe that the daily average of more than $700 billion that was parked at the Fed last year included government bailout money that could have been used for lending to the American people.

“Banks don’t want to loan because they have the ability to sit on their reserves, and make more money off of the higher Fed interest rates than from a small business or private borrower,” said Frazier’s spokesman, Tyler Q. Houlton. “No risk, higher reward.”

But Perlmutter’s campaign yesterday focused its attention on a plan to make credit more easily available for small businesses that has been stalled by Republicans in the Senate.

A similar package of tax cuts and hiring incentives for small businesses made its way through the House with a Perlmutter amendment that aims at increasing loans for small businesses by allowing small banks to temporarily amortize their losses on commercial real estate.

Banks with less than $10 billion in assets would be allowed to amortize their losses on commercial real estate over a seven-year period. The goal is to provide small community banks with more liquid capital to make loans.

“Small businesses are the engines of our economy,” Perlmutter said in a statement. “Through tax cuts and credits and small business loans, we have to make sure to bolster the entrepreneurial spirit and ingenuity that makes this district the best place in America to live, work and raise a family.”

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Source: YouTube
Denver Mayor John Hickenlooper has two gubernatorial ads, “Shower,” above, and “Cheap,” below.

By Andrea Rael, STATE BILL COLORADO

DENVER—By promising to air only positive ads, Democratic gubernatorial candidate John Hickenlooper has earned early campaign kudos from here to D.C. So far, the quirky ads have even pushed him to the top of Chris Cillizza of the Washington Post’s list for best positive ads of the midterm campaign—but can the positive feelings last?

Hickenlooper has to stick to his word now that he’s given it, but that doesn’t mean the Democratic Party is bound to it too, independent political analyst Eric Sonderman says.

“I think Hick is a natural at building and maintaining a political brand. The shower ad, the parking meter ad from his first mayoral race and the motor scooter from the same race. … He’s done some very out of political box spots with political advertising,” Sonderman said.

The no-negativity direction is being steered by the candidate, Hickenlooper spokesman George Merritt says.

“It’s something he started since he first ran for mayor, so he’s being consistent,” Merritt said.

Currently the conservative feud between GOP candidate Dan Maes and American Constitutionalist Tom Tancredo is harboring Hickenlooper more in the eye of the storm, allowing him to keep his good humor thus far.

“If this was a race between Hick and Scott McInnis and it ran the way you would expect it to run, trust me John Hickenlooper wouldn’t be standing in the shower making a pledge not to go negative. But right now he has the luxury of doing that,” Sonderman said. “I don’t see anyone forcing him to do anything different.”

Negative ads in the right situations can be effective, Sonderman says. If the person being targeted in the ad isn’t well known to the public, leaves charges unanswered, or is unable to respond because of a lack of funds, the negative charge has a better chance of appearing credible.

“If someone got out of the race and it became more complicated, Hickenlooper would (still) have to keep that promise, but the Democratic 527 groups could do his dirty work for him,” Sonderman said.

Hickenlooper’s ads are produced by Murphy Putnam Media, the same Virginia company that produced then-Presidential candidate Barack Obama’s 30-minute ad spot. The agency has supplied ads and consultation services to more than 60 Democratic candidates.

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STATE BILL COLORADO

State Bill Colorado subscribers may listen to, or download, Tuesday’s payday-lending regulation hearing using the audio player published here.

The committee decided payday lenders will have to go pro-rated refunds to persons who repay their loans early.

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By David Loewen, STATE BILL COLORADO

State government workers on Wednesday crowded the Legal Services Building around 9 a.m. to hear Dan Cartin announced as the new director of the Office of Legislative Legal Services.

“It’s a great honor to succeed Charley, as the leader of our staff and our office,“ Cartin said. “I look forward to the challenge working with leadership and with the members.”

Cartin served as deputy director of the office before being named director.

The legislature’s Legal Services Committee recommended Cartin over four other internal candidates, and the executive committee of the Legislative Council made the final decision Wednesday morning. As director, Cartin will oversee the 27 attorneys in the office. They are responsible for drafting legislation.

Politicians and capitol watchers alike praised the decision.

“He is a great choice, he has talent and experience,” said House Speaker Terrance Carroll, a member of the executive committee.

Cartin succeeds Charley Pike, who after 38 years in legal services announced his retirement in July.

Pike served as director the last seven years. He first came to legal services after hearing about a job opening through an acquaintance. Curiosity led him to the director of the office, and he remembers a very informal job interview for the position.

“I asked the fellow who was then the director of the office if they would be hiring, he said yes, then he asked me if I wanted a job, and I said yes,” Pike recalled Wednesday morning.

Pike got the job and worked as an attorney for revisor of statues.

Like Pike, Cartin has many years of experience. Cartin has worked in the legal services office for 21 years since leaving private practice. He left for the opportunity to work in legislation. He studied political science and has always been attracted to legal process of government.

“If this is the type of law you like working on then this is a great opportunity,“ Cartin said. “People just enjoy their work and working with the members.”

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Payday lenders will be required to give pro-rated refunds to customers who pay off their loans early, The Pueblo Chieftain reports.

Under enforcement rules adopted Tuesday by the Colorado Attorney General’s office, payday lenders cannot keep origination fees for their loans.

The rules relate to HB1351, which narrowly passed through the Legislature during its most recent session — by one vote in each chamber. It sets limits on the fees payday lenders may impose on customers.

In other coverage

The Durango Herald: Payday-loan critics won another victory Tuesday when the attorney general’s office adopted rules that require lenders to refund more fees when borrowers repay their loans early. A draft version of the rules caused a furor last month when critics alleged they were tilted in favor of the industry and that Attorney General John Suthers accepted more than $10,000 in campaign donations from payday-loan stores.

The Colorado Independent: After four hours of testimony and deliberation in the old Supreme Court chambers of the state Capitol, First Assistant Attorney General Laura Udis decided to reverse her proposed payday lending rules and effectively reinsert consumer protections which she said are more in line with the spirit of the law passed last legislative session. Payday lenders will now be forced to refund so-called origination or acquisition fees up to $75 when borrowers repay loans.

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