Colorado Politics

Jeffco schools recall target files ethics inquiry against himself

Backers of an effort to recall three conservative members of the Jefferson County school board have long-claimed the board has violated open meetings laws.

But no complaint has ever been filed. So board President Ken Witt, one of the recall targets, announced Thursday he will take it upon himself to file an inquiry — into his own actions.

But the inquiry isn’t going anywhere because Witt filed the request with an entity that has no jurisdiction over the matter to begin with.

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Jeffco schools recall target files ethics inquiry against himself

Jefferson County School Board President Ken Witt on Oct. 8 brandishes a letter he said he was sending to the state Independent Ethics Commission, inquiring whether he had violated open meeting laws, as supporters of a recall aimed at Witt and two other board members allege. Witt held a press conference to announce his move at a Lakewood hotel. Photo by Ernest Luning/The Colorado Statesman







Jeffco schools recall target files ethics inquiry against himself

Jefferson County School Board President Ken Witt on Oct. 8 brandishes a letter he said he was sending to the state Independent Ethics Commission, inquiring whether he had violated open meeting laws, as supporters of a recall aimed at Witt and two other board members allege. Witt held a press conference to announce his move at a Lakewood hotel. Photo by Ernest Luning/The Colorado Statesman



Witt — he faces a recall on Nov. 3 along with board Vice-President Julie Williams and Secretary John Newkirk — announced at a press conference at a Lakewood hotel that he will submit a request for an advisory opinion to the state’s Independent Ethics Commission. In it, Witt seeks guidance on action taken by the board to hire its own attorney during a December 2013 meeting.

Recall backers claim the moves to retain Brad Miller as the board’s attorney — separate from the school’s chief legal counsel — were made outside the public eye.

But Witt pointed out at the press conference that no one had ever filed a complaint against the board, even though the allegation was spelled out on recall petitions and appears on ballots.

“I can’t help but ask a simple question: If we have broken the law, why hasn’t there been a legal complaint filed against us for this lawless behavior?” Witt said.

Witt called the allegation “ridiculous.” But to prove a point, Witt announced he would seek guidance from the ethics commission.

“I’m not seeking to be exonerated because there is nothing to be exonerated from,” he said. “I’m just calling their bluff.”

Witt even provided reporters with a photo opportunity of him placing a stamp on the envelope he said he intended to mail to the commission.

But even though Witt placed the proper postage on the envelop — using two first-class stamps for good measure — he can expect a return to sender message from the ethics commission.

Amy DeVan, executive director for the Independent Ethics Commission, said what Witt is requesting is not an advisory opinion, but more like a review of conduct.

An advisory opinion asks the commission to provide guidance on a contemplated action that hasn’t yet taken place.

“I think the problem is that advisory opinions say, ‘I am contemplating this conduct in the future, and I want to know if I can do it,’” she said. “It’s not, ‘I want to look back in time and see if this is OK.’”

And even if Witt had properly framed the request as a review of conduct, the commission can only go back one year to review issues. The statute of limitations has long since expired on something that happened in December 2013.

And all of this is moot anyway, DeVan said, because the commission has not had jurisdiction over school board members since 2009 — and it doesn’t handle anything that deals with violations of open meetings laws.

DeVan said any complaints having to do with open meetings or open records violations are typically filed in court.

When a reporter told Witt the ethics commission had no jurisdiction over the matter, Witt replied, “I’ll let them make their own decisions”

“The focus today is on the fact that there’s already a frivolous complaint out there, and we’re calling their bluff.”

While Witt repeated the word bluff several times Thursday, recall backers used their own five-letter word to describe the press conference: stunt.

“This definitely feels like a political stunt,” said Lynea Hansen, a spokeswoman for the recall effort.

Witt’s emailed release notifying the media of his press conference states that he “will make a major announcement regarding the future of his campaign…”

“I think you just witnessed a bait-and-switch,” said Hansen, who showed up to observe the press conference but wasn’t allowed in the room. “He definitely got you guys all here today.”

Hansen insists the decision to hire a board attorney was made prior to the board’s discussion or vote during an open meeting. She said the school board majority for the Thompson School District said at its own meeting that Miller had been hired by the Jeffco board prior to Jeffco minority board members knowing anything about it.

The day after the Thompson school board meeting, the Jeffco majority voted to hire Miller.

Hansen was pressed by reporters after Witt’s press conference to say why no one had filed a complaint against the board for the attorney-hiring process.

“Because that’s not the route we chose to take,” Hansen said. “I don’t think these sort of issues get decided in court.”

Ron Mitchell, who is running against Witt in the recall, dismissed Witt’s press conference as political theater.

“I had expected something perhaps important,” Mitchell said. “I don’t find it particularly important or meaningful, just another example of their deception.”

Meanwhile, DeVan said Witt’s filing is a first of its kind.

“It’s the only time anyone has attempted to file against themselves,” she said. “That’s sort of unique in the commission process.”

— with additional reporting by Ernest Luning

— Twitter: @VicVela1


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Vic Vela

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