State ethics commission issuing subpoenas on ethics complaint against state Sen. Vicki Marble
The Colorado Independent Ethics Commission Monday voted unanimously to issue subpoenas to state Sen. Vicki Marble, a Fort Collins Republican; her legislative aide; and an oil and gas company that paid for a Marble town hall last February.
The complaint against Marble alleged that Extraction Oil and Gas paid for the February 15 town hall, potentially a violation of the state’s limit on gifts to lawmakers.
Sarah Hall Mann of Broomfield filed the complaint after attending the February event. She said in the complaint that Brian Cain, a media relations employee of Extraction, paid the bill for the event, which was held at CB & Potts, in Flatirons Crossing near Broomfield.
According to the state’s ethics laws, lawmakers are prohibited from accepting gifts valued at more than $59. While the amount of the town hall isn’t known, according to Mann, the event was attended by 50 to 75 people, who were each given two free drink coupons for alcoholic beverages.
The Colorado Independent reported in May that room rental on a weeknight is between $50 and $100, “a tray of sliders is $160; one veggie tray is another $75 and salads range from $60 to $75.” Each platter would serve 25 guests.
The event was one long ad for the oil and gas industry, Mann told the Colorado Independent last May.
Cain has not responded to numerous phone calls and emails seeking clarification on the costs; Marble has also declined to discuss the complaint.
The issue of Fernandez’s involvement in the event comes from how those who wanted to attend sent in their requests. Fernandez listed her personal email and phone number rather than the legislative accounts set up for Fernandez as a legislative aide.
The commission’s executive director, Dino Ioannides, asked the commission Monday to issue subpoenas for Marble, her aide, Sheryl Fernandez, and Extraction Oil and Gas. Marble’s attorney, Marcy Glenn of Holland and Hart, pointed out that Marble has fully cooperated with the investigation at every opportunity, as has Fernandez, whom Glenn does not represent.
Extraction Oil and Gas appears to be another matter. Ioannides told the commission that he has asked to speak to the Extraction employees, but was referred to the company’s legal counsel, who has yet to respond to any of his requests for information.
Ioannides said the subpoenas would be necessary to obtain records and documents possessed by others, although he didn’t identify just where the problem exists. However, according to Mann, Cain paid for the event with a credit card, at the direction of another Extraction employee.
Another issue raised by both Glenn and Commissioner Matt Smith is the timing of a hearing on the complaint. Glenn told the commission that they wouldn’t be ready by the next meeting, which is scheduled for Nov. 29, and that the meeting after that, on Dec. 21, is difficult for some of the parties due to the holidays.
A hearing on the complaint is now tentatively scheduled for Jan. 8 or 9. The Colorado General Assembly convenes for its 2018 session on Jan. 10.


