Background

The "revolving door" provision of article XXIX, section 4 of the Colorado Constitution (commonly referred to as Amendment 41) prohibits statewide elected officeholders and members of the General Assembly from personally representing another person or entity for compensation before any other statewide elected officeholder or member of the General Assembly for a period of two years after leaving office. In addition, the statutory code of ethics prohibits a member of the General Assembly from lobbying, soliciting lobbying business or contracts, or otherwise establishing a lobbying business or practice prior to the expiration of the legislator's term. Section 24-18-106 (3), C.R.S.

Hypothetical

Post-legislative employment with a law firm that lobbies

You are a legislator and an attorney. Your term as a legislator will end this year. You know that the statutory code of ethics prohibits you from lobbying, or even soliciting lobbying business, before the expiration of your term. However, you are considering accepting a position with a prestigious law firm in town with practice areas that include government and policy. There are attorneys at the firm who lobby on behalf of clients when certain policy issues come before the General Assembly. Your position with the firm, however, would not require you to lobby.

Question

May you accept a position with the law firm?

1. NO. Amendment 41 prohibits a legislator from personally representing another person or entity before another member of the General Assembly for two years after leaving office.
2. NO. The gift ban established by Amendment 41 prohibits negotiations of future employment.
3. YES. Since you will not personally represent another person or entity before the General Assembly and the work you will be doing will not require you to register as a professional lobbyist with the Secretary of State's office, you may accept the position.
4. YES. So long as you do not offer any gifts to state officials or members of the General Assembly as prohibited by Amendment 41.

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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.