The Durango Board of Ethics has launched an investigation into an ethics complaint it received Jan. 12 involving a former member of the Durango Infrastructure Advisory Board.
The ethics complaint pertains to alleged violations of the city’s ethics code, which the city says were brought to light in November while city staff fulfilled an open records request on behalf of The Durango Herald.
City Attorney Mark Morgan said Friday he could not disclose who the ethics complaint involves because doing so would be outside his purview.
But in December, the city issued a news release announcing it discovered blind carbon copied emails between former Infrastructure Advisory Board member John Simpson and Councilor Olivier Bosmans while fulfilling the Herald’s records request.
Later that month, Durango City Council blocked Bosmans from attending an executive session regarding an open records lawsuit Simpson had filed against the city.
Bosmans was blocked from attending the executive session to protect attorney-client privilege. Emails revealed he and Simpson were engaging in ex parte conversations, possibly in violation of open record and open meeting laws.
Michael Goldman, special counsel to the ethics board, said at an ethics board special meeting on Thursday that the ethics complaint and any matters concerning the complaint are now open to the public.
The Herald filed an open records request Friday with the city of Durango seeking the complaint, but the city did not immediately provide a copy of the complaint.
The ethics investigation will determine whether further hearings are merited, said ethics board member Laurie Meininger, who motioned for the investigation to be undertaken.
Following the investigation, the ethics board could hold further hearings or decide to dismiss the case, Morgan said.
If a hearing is held and the ethics board finds a the ethics code was violated, it could result in a disciplinary decision from city councilors. Councilors could publicly censure a violator or remove him/her from a city board and prohibit him/her from serving on boards in the future, Morgan said.
Details of the complaint have been discussed behind closed door in executive sessions at three meetings since the complaint was received in January.
The ethics board met for a special meeting about 2 p.m. Thursday, and after going through regular meeting motions, board members convened again in executive session to discuss the complaint.
The board exited the closed door session at 4:33 p.m. and concluded it had enough information to close the screening process and launch the investigation.
Rob Bates, a member of the ethics board, said one party involved in the complaint involves a former Infrastructure Advisory Board member. He said his sister-in-law might have served on that board at the same time as an individual who is involved in the complaint.
“In the interest of full disclosure: It has come to my attention that my sister-in-law served on the IAB possibly during the time period that one of the parties also served on the Infrastructure Advisory Board for the city of Durango,” he said.
He said he hasn’t discussed any matters before the ethics board with his sister-in-law and he has no plans to do so.
“Therefore, I see no issue with my continued involvement on this matter,” he said.
cburney@durangoherald.com