State Rep.-elect Junie Joseph plans to continue serving on Boulder City Council, while also representing House District 10 in the state legislature.

Joseph’s decision, first reported by Boulder Beat, is already raising eyebrows and a memo from the legislature’s Office of Legislative Legal Services hints at concerns over conflicts of interest for a lawmaker simultaneously serving in a local government capacity.

Joseph, D-Boulder, was selected by an HD10 Democratic vacancy committee in August to run for the seat in the general election. The move came after Rep. Edie Hooton announced after winning her primary she would not continue running for a fourth and final term. Hooton will finish her term in office on Jan. 9.

Joseph’s decision is also raising eyebrows among some Boulder County Democrats, who are also contending with a scandal tied to felony charges filed against Rep. Tracey Bernett, D-Longmont, for falsifying her residency for purposes of running for office.

BoCo Dem Acting Chair Amy Weinstein did not return a request for comment. Joseph did not return multiple requests for comment.

Joseph was first elected to Boulder City Council in 2019 and would be up for re-election to that seat next November. She has not said whether she plans to seek another term. 

State law does not prohibit someone from serving in multiple elected positions at the same time.

Sen. Dominick Moreno, D-Commerce City, was appointed by a vacancy committee in July 2018 to the Adams 12 School Board at the same time he was serving in the state Senate. Moreno would go on to serve on the school board while simultaneously serving as chair of the powerful Joint Budget Committee.

Rep. Jennifer Bacon, a Denver Democrat elected to the state House in 2020, was elected to the Denver School Board in 2017 and finished out her term.

While serving in dual roles is legal, a November 2022 memo from the General Assembly’s Office of Legislative Legal Services raises questions about conflicts of interest. The memo does not identify who asked for the interpretation, although memos from the General Assembly’s attorneys are generally only written at the request of state lawmaker.

OLLS memo on lawmakers who hold other offices.By MARIANNE GOODLAND
marianne.goodland@coloradopolitics.comMarianneGoodland, Colorado Politics
marianne.goodland@coloradopolitics.com
https://www.coloradopolitics.com/content/tncms/avatars/e/f4/1f4/ef41f4f8-e85e-11e8-80e7-d3245243371d.444a4dcb020417f72fef69ff9eb8cf03.png

The memo also states: “Because of the time demands of being a legislator and concerns about the possible appearance of a conflict of interest and the need to refrain from voting when a conflict exists, most legislators decide not to serve in other public offices during their term as a legislator. There is the potential for a multiplicity of potential conflicts of interest between votes and positions taken as a member of the General Assembly while simultaneously holding another public office.” 

The memo pointed out that the larger the city or county, the higher the likelihood of a conflict between those cities or counties and the state. Boulder is Colorado’s 12th largest city.

Boulder City Council meets weekly and council members earn $239.40, or $12,448.80 per year for their service. As a state lawmaker, Joseph would earn $43,977 per year, plus per diem of $45 per day during the 120-day session, for an estimated maximum of $5,400.

Joseph told the Boulder Beat that with regard to her Boulder City Council post: “I thought resigning would leave this big hole. I get my mandate from the voters, and they put me in there for a full term of four years. I’d like to honor that as much as I can.” 

Celeste Landry, who was among six candidates for the HD10 vacancy in August, told Colorado Politics that Joseph’s decision to stay on City Council may be tied to concerns among Joseph’s city council coalition they will lose their majority if she were to resign.

“They want her reliable vote,” Landry said. 

Joseph’s website changed recently, removing a page that contained endorsements from fellow Boulder City Council members and Democratic state lawmakers. Colorado Politics reached out to some of those listed on the endorsements page, but either got no response or they declined to comment.

At least two other incoming Democratic members of the Colorado House are also currently serving on city councils in their districts, though both have announced their intentions to resign before officially taking office.

Rep.-elect William Lindstedt’s term on Broomfield City council ends in November 2023; however, he submitted a letter of resignation to the city council in November, effective January 8, the day before he will be sworn in as a state representative. 

The term for Rep.-elect Jenny Willford, currently mayor pro tem for Northglenn, runs through 2025, but she announced last month she will resign her city council seat, also on January 8.