Annual and monthly disclosure reports by elected officials, city employees and lobbyists registered with the City and County of Denver would see several changes under proposed regulations from the city clerk and recorder.

The City Council’s Finance and Governance committee took a first look at the proposed changes from Clerk and Recorder Debra Johnson at its Oct. 4 meeting and asked for several revisions Johnson will present in November.

Johnson said the changes would improve office efficiency and give clear instructions to those required to file reports on expenses, gifts received and other items.

One major change would switch from paper-based forms to online submissions, Johnson added, which will improve transparency and allow easier access to the public information provided. Currently, anyone wishing to see the reports must come to the clerk’s office.

The Colorado Secretary of State uses a similar online lobbyist report system that allows users to view, print and filter reported information. A 2015 report from the National Conference of State Legislatures found 29 of 50 states make state legislators’ financial disclosures available online.

Submission dates for annual lobbyist registration fees would change from each lobbyist’s anniversary date to Jan. 15, Johnson said. Elected and appointed officials would file an annual disclosure report by Jan. 15, as well as quarterly gifts disclosure reports.

Both elected and appointed city officials would be required to file reports each quarter instead of annually, Johnson said. Lobbyists would file reports every other month instead of monthly and would have to include the estimated value of gifts given to city officials.

Gift reporting questions

Councilman Kevin Flynn wondered why city employees would have a different reporting deadline of the first Monday in February. Employee reports of gifts from anyone pursing business with the city are submitted to the proper supervisor instead of the clerk’s office.

Whether City Council aides, who are hired, would be required to file reports was also questioned. Shaun Sullivan with the city attorney’s office said Council aides are considered city employees under the city charter.

Councilwoman Debbie Ortega said the city has so many contracts with companies for services and if a city employee went to lunch or dinner with a friend who worked for one of those companies, they would have to file a report if their meal was paid for by someone with that company.

“It’s really hard to know what to report,” she stated. “Unless the company tries to buy a meal for someone with an agency that they deal with professionally, it’s not always clear.”

Councilwoman Kendra Black wondered if she would have to report every gift given to her on her birthday.

“I don’t think I should have to report a gift I get as a party hostess or if I’m using a ski cabin owned by a friend, and none of the activities I was involved in have to do with city business,” she said.

Councilman Paul Lopez noted not every gift-involved situation is black and white in terms of reporting the gift.

“Or it can be a cultural insult to turn down someone’s offer of coffee,” he said. “I don’t want to report Mr. and Mrs. Vasquez for buying me a cup of coffee. And if you’ve ever gone to Washington, you might have seen gifts turned down even though they’re from the heart and not intended to influence anyone.”

Council members informally agreed that a gift threshold amount of $25 was acceptable and gifts of that value or higher should be reported.

Assistant City Attorney David Broadwell told the committee that listing examples of what should and should not be reported in the code of ethics is subjective.

“That’s why you have an ethics board,” he said.

Support for changes

Two political advocacy groups, Colorado Ethics Watch and Colorado Common Cause, supported the changes proposed by Johnson. Peg Perl with Colorado Ethics Watch said disclosure reports are now “like the proverbial tree falling in the forest with no one to hear it.”

“We think quarterly gift reporting is a best practice,” she told the committee. “Having the reports available online will increase confidence in government and you can adjust the definition of a lobbyist to that of the state and avoid the situation with someone speaking at a public meeting.”

Elena Nunez of Colorado Common Cause said the rules are cross-referenced to the city code of ethics, so any change made to the ethics code is reflected for lobbyist and elected officials reports.

“This is a good step forward, we think it makes a lot of sense,” Nunez stated.

Perl and Nunez initially wanted to put the issue of updating the regulations on this year’s general election ballot, but Johnson proposed they bring the changes to City Council instead.

Johnson said the changes should make it easier for elected officials and others to keep records.

Updated on Oct. 11, 2016 to correctly spell Peg Perl’s last name.