Background

It is improper and unethical to use state equipment and state services such as offices, telephones, internet access accounts, copiers, fax machines, computers, postage, supplies, and staff time for campaign or personal purposes. Use of state equipment for these purposes holds potential civil and criminal liability. See, Colo. Const. art. XXVIII, § 9 (2)(a), Colo. Const. art. XXVIII, § 10, and § 1-45-117 (4), C.R.S. A member of the General Assembly is not prohibited from using state facilities or equipment to communicate or correspond with the member's constituents, family members, or business associates. See, § 24-18-106 (2), C.R.S.

Hypothetical

Use of state-issued iPad to communicate with family members

As a member of the General Assembly you have been issued a state-owned iPad to assist you with your legislative duties. The features on it allow you to easily access the House, Senate, and committee calendars, follow the bills that specifically interest you, and access your emails. It is so useful that you have found yourself using the iPad almost exclusively and allowing your legislative aide to use your state-issued laptop. Because of its convenience, you have recently been using your iPad to send emails to your family on the western slope both during the day and in the evenings when you take your iPad to your apartment to do legislative work.

Question

May you use the state-owned iPad issued to you as a member of the General Assembly to communicate with your family?

1. YES, you may use state resources such as your legislative iPad to communicate with members of your family for purposes not related to an election campaign.
2. NO, use of state-owned and issued computers and iPads is restricted to legislative business. All other personal or business communications must be made on your personally owned computer or cell phone outside of regular business hours.
3. YES, you may use your iPad to email your family members, but only if you are not in the state capitol or within the capitol complex.
4. YES, you may use your iPad to email your family members, but only if you disclose it on your quarterly gifts and honoraria disclosure statements that you are required to submit to the Secretary of State's office.

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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.