The Colorado Independent Ethics Commission has dismissed complaints filed against state Sen. Paul Lundeen, R-Monument, and his legislative aide, Alexandra “Allie” Killey, citing a lack of jurisdiction.

Both ethics complaints were filed by Halisi Vinson of the Colorado Democratic Party last October, and were part of an effort by the party to push for sanctions against Killey and Lundeen over an ad campaign backing then-Republican U.S. Sen. Cory Gardner last fall. 

The ethics complaint against Killey stated that she started up an environmental business to promote Gardner’s Senate re-election bid. The environmental organization, Wild for Colorado, had no track record of environmental activism, the complaint said, and Killey was unknown in the environmental community.

In addition, the complaint said Killey filed the paperwork for the organization on a day in which she was being paid to work for Lundeen. A time sheet obtained by Colorado Politics showed she did not take a break that day. 

Killey was featured in a campaign ad for Gardner where she was identified as an environmental advocate.

The website for Wild for Colorado still lacks any information on its activities or advocacy in conservation. Killey put up two blog posts in March 2020, the month she filed its paperwork with the Secretary of State, and nothing since.

The complaint against Lundeen states he “permitted an employee on public time, while using public resources, to establish a limited liability company (LLC) to promote the U.S. Senate candidacy of Cory Gardner.”

Amendment 41, the state ethics law, primarily deals with violations tied to a gift ban for elected officials and governmental employees, and a two-year moratorium on lobbying by lawmakers once they leave office. The commission also has accepted complaints related to elected officials who engage in public business from which they allegedly benefit financially.

The commission’s website states that a complaint must identify the specific section of Amendment 41 being violated. The complaint noted “multiple criminal and civil statutes prohibit the use of state resources for campaign or personal purposes.” However, that is not an area covered under Amendment 41.

The complaints never cited a specific section of Amendment 41 that either Killey or Lundeen violated. 

The commission received 80 complaints in 2020, a record, but dismissed all but five as being frivolous, outside of its jurisdiction, or both. Out of the 342 complaints the commission has received in its 13-year history, abut 12% have been accepted for investigation.

Complaints are confidential unless accepted for investigation, although some complaints are sometimes disclosed publicly by the parties who file them. The commission’s last meeting was on Jan. 19, and it’s likely that is when the complaints were dismissed. 

What’s remaining is whether Senate Democrats will take action under its authority.

Vinson, on behalf of the state Democratic party, also filed a complaint with Senate President Leroy Garcia against Lundeen, stating “he permitted an employee on public time, while using public resources, to establish a limited liability company (LLC) to promote the U.S. Senate candidacy of Cory Gardner.”

The letter requested Garcia “appoint a committee on ethics and open an investigation to determine the full, surrounding circumstances of what the documents show was a clear abuse of government resources, undertaken to deceive the public.”

Senate Democrats are not talking about what they did. Bella Combest, the Senate Democrats’ spokeswoman, told Colorado Politics today, “Unfortunately, I am unable to provide any additional details as the filing remains confidential (pursuant to Senate Rule 43). But what I can say is that we have taken extra precautions this year to underscore the prohibitions specific to state-employed legislative aides and the seriousness of violating such restrictions.”

Lundeen told Colorado Politics he received communication from Senate leadership that they saw no merit in the complaint and dismissed it as frivolous.