Office of Legislative Legal Services - Dan L. Cartin, Director
 
Tutorial Home
Legislative Legal Services
General Assembly
State of Colorado

Ethics Tutorial - Colorado General Assembly

- Contracts and Claims - 18 of 25

Hypothetical

Legislative contract in which member may be interested

Using a competitive bidding process, the state of Colorado (acting through the Legislative Council of the General Assembly) will be considering proposals from vendors for a contract to create an innovative new mobile device application (or “app”) that will compile and categorize all the committee and floor votes cast by Colorado state legislators each session.  You are currently a member of the Colorado State Senate and serve on the Legislative Council, which is responsible for both reviewing proposals from vendors that seek to perform services for the General Assembly and for making the final selection of a vendor. You are also the 51% owner of a closely held software development corporation, AppMaker, which builds customized apps for a variety of purposes. AppMaker’s other shareholders want to submit a bid for the contract.

Answer

Correct answer:If AppMaker submits a bid and is awarded the contract, you must disclose your personal interest in, and vote “no” on, the contract is FALSE.
green check
Voting against the selection of AppMaker will not put you in compliance with section 24-18-201, C.R.S. That is, if the transaction involves a "contract" in which you are "interested", as those terms are defined, the law requires that you disclose your interest and refrain from voting. The prohibition from voting is absolute; the statute does not distinguish between favorable or unfavorable votes.  Thus, the fact that you would be voting against the selection of a vendor in which you are interested is irrelevant.

Next Question
Last updated: 09 OCT 2015


Office of Legislative Legal Services, State Capitol Building, 200 E Colfax Ave Ste 091, Denver, Colorado 80203-1716
Telephone: 303-866-2045 | Facsimile: 303-866-4157
Send comments about this web page to: olls.ga@state.co.us
 


The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.