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Complaint 2018-01 was filed with the Colorado Springs Independent Ethics
Commission (“IEC”) on Mar. 27, 2018, by Barbara Sutherland, alleging that Council
President Richard Skorman violated The City of Colorado Springs Code of Ethics. On
April 5, 2018, the Commission met to conduct an Initial Review under IEC Rules of
Procedure 7.0. At this meeting, the Commission voted unanimously that the Complaint
INVESTIGATION
The Commission, through its legal advisor, obtained all known 911 recordings
for the incident. It also obtained Facebook posts and media interviews given by Barbara
Skorman, Madalyne Mykut, and Jackson Sutherland. There were no other people who
were present or alleged to be present during the interaction between Mr. Skorman and
the Sutherlands. Mr. Skorman’s attorneys also submitted two briefs that were
considered.1
1 The July 2, 2018, submission argued that no violation could have existed under the old
Code of Ethics, not the Code as amended in 2016. It did not, however, give any reason
the old Code should apply here, and we cannot think of any reason it would. To the
1
A list and copy of all the documents considered by the IEC in its investigation
CONFIDENTIALITY
The Code of Ethics requires that a complaint submitted to the IEC “...must be
filed confidentially.” City Code, 1.3.105(A). Of note, while the Code requires the
complaint be filed confidentially, it does not require the complainant keep the factual
allegations giving rise to the complaint confidential. While the facts giving rise to the
complaint were made public, the complaint itself was kept confidential throughout this
process.
Moreover, even if the complaint were not filed confidentially, the IEC has
Id. As such, even if there had been a violation of confidentiality, dismissal is not
automatically required.
FACTUAL FINDINGS
On Mar. 21, 2018, Madalyne Mykut drove a vehicle that rear-ended Ms.
Sutherland, causing property damage to Ms. Sutherland’s car, but no personal injuries.
for various reasons, there was a significant delay in police response to the accident,
resulting in all parties being on edge. During this delay, William Sutherland (Ms.
extent the arguments based on the old Code could apply here, we considered them. To
the extent they argued provisions of the old Code which no longer exist, we
disregarded the arguments.
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Sutherland’s husband) and Jackson Sutherland (Ms. Sutherland’s son) arrived at the
scene of the accident and waited. Mr. Skorman, a close, personal friend of Ms. Mykut,
also came to the scene of the accident. During the short time he was at the scene of the
accident, he had a conversation with the Sutherlands. His purpose in going to the scene
and talking to Mr. and Mrs. Sutherland was to convince them to cancel the request for
the police to come to the scene of the accident so that Ms. Mykut could leave-and be
with her small child. During this conversation, Mr. Skorman identified himself as Ms.
or President of the Colorado Springs City Council, and gave two of his Council
President business cards to Mr. and Mrs. Sutherland.2 His stated purpose in doing so
was to convince Ms. Sutherland to trust him and to allow him to vouch for Ms. Mykut
said/ she-said situation requiring any fact-finder to determine the credibility of the
witnesses. That is incorrect. All parties essentially agree on the material facts. Indeed,
there was no reason for the IEC to rely upon any statement other than Mr. Skorman’s
2 Notably, Mr. Skorman was the person who brought up his position with the City.
3
In that vein, the IEC was presented with many assertions and claims that are
immaterial to the analysis of whether Mr. Skorman’s actions violated the Code of
Ethics. We choose not to recite those allegations here as they are irrelevant,
ANALYSIS
feel that there is only one applicable provision. The relevant portion of the City Code,
1.3.113(D), states:
The first question that we must answer is whether Mr. Skorman, during his
conversation with the Sutherlands, was in his official capacity with the City. In his
“When she said she couldn’t trust me to identify Ms. Mykut, that’s when I
said do you know who I am, I’m Richard Skorman, the President of
Council. She angrily told me that she still didn’t trust me to verify Ms.
Mykut’s identity. Then I gave her my Council business card and said ‘I
really am the President of Council, I can vouch for her and I am not hard
to find.”
During his interview, Mr. Skorman was entirely consistent. When recalling why
he went to the scene of the accident, he stated “I just thought I was there to vouch for
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her identity. That was my purpose.” Skorman Interview 10:20-27. When Ms.
Sutherland did not believe or trust him after his initial identification of Ms. Mykut, he
,iJ
stated: pulled out my business card and said that ‘Well do you know who I am? I’m
Richard Skorman. I’m the President of Council.” Id. at 7:29-42. When that was
insufficient for Ms. Sutherland to allow Ms. Mykut to leave the scene of the accident,
Mr. Skorman stated, “I’m easy to find, I’m the President of Council.’ I showed her my
card and the address and, uh, ‘You can trust me.” Id. at 7:55-8:03.
Mr. Skorman’s official capacity with the City is President of City Council. On at
least two separate occasions during this brief conversation, Mr. Skorman inserted his
official capacity into the conversation attempting to persuade Ms. Sutherland to allow
The requirement that the Covered Person be in his or her official capacity with
the City is not a requirement that the Covered Person be on City business, or purport to
be on City business. Compare e.g., City Code 1.3.113(C) with 1.3.113(D). In part, 113(D)
prevents Covered Persons from benefiting or seeking to benefit personally from their
Here, Mr. Skorman repeatedly inserted his official capacity with the City into his
interaction with the Sutherlands, which is sufficient to meet the requirement that he
was in his official capacity at the time of the conversation. Notably, Mr. Skorman was
3The recordings of the interviews were not professionally transcribed. Rather, these
quotes are the IEC’s best effort to capture the oral statements in written form. The
recordings themselves are included so that no one need rely solely on the IEC’s best
efforts at transferring the oral statements to written form.
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the one who interjected his official capacity into the interaction. There was no
requirement that he identify himself as President of City Council, nor was it an instance
where the Sutherlands simply recognized and identified Mr. Skorman as President of
City Council. Rather, during his interaction with Ms. Sutherland, and unprompted, Mr.
That does not, however, end the inquiry. Merely identifying oneself by the
capacity in which the person serves the City during a conversation or even an argument
consideration, treatment or advantage while acting in his official capacity. While self-
identifying as President of City Council, Mr. Skorman requested that Ms. Sutherland let
Ms. Mykut leave the scene of the accident without a valid ID before the police arrived.
“1 did try to convince Ms. Sutherland that I could identify Ms. Mykut, that I was
worried about her childcare, I was her medical power of attorney and I even had those
At the time of Mr. Skorman’s interaction with the Sutherlands, Ms. Mykut
certainly appeared to be at fault for the accident and, if so, would have been responsible
for repairing Ms. Sutherland’s car. Without valid identification, Ms. Sutherland could
not be sure that Ms. Mykut was who she said she was, that she had valid insurance or
self-insurance, or that Ms. Sutherland would have ever been able to find her again.
Requesting that Ms. Sutherland allow Ms. Mykut to leave the scene of the accident
without valid identification, was requesting that Ms. Sutherland take Mr. Skorman’s
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word that Ms. Mykut was who she and he said, and that Ms. Sutherland act against her
Also, Mr. Skorman has business cards that identify him as the owner of a
(Mr. Skorman stated that he did not have any of these business cards with him at the
time of the interaction with the Sutherlands, but even without those cards on him he
could have identified himself as the owner of these businesses). Presumably, he would
have also had his driver’s license which would have identified him without interjecting
his position with the City. The only reason Mr. Skorman used his position with the City
to identify himself was to give his arguments on Ms. Mykut’s behalf more credibility
and force.
The final question is whether the special consideration is made available to every
other individual in similar circumstances. Mr. Skorman does not show up at accidents
involving drivers without identification to ask the other party to let them leave. It was
something Mr. Skorman did because of his personal relationship with Ms. Mykut.
By his own account, as President of City Council, Mr. Skorman requested that
Ms. Sutherland allow Mr. Skorman’s close, personal friend, Ms. Mykut, leave the scene
identification, without insurance in her name, and in a vehicle not registered to Ms.
recommendation, takes the additional step of only finding a violation because its
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finding of additional accusatory and derogatory comments by Mr. Skorman. This is
First, the Code explicitly requires only a request for special consideration. To
require additional accusatory and/or derogatory comments after the request for special
sandwich shop and said, “I’m a member of City Council and I’d like you to give my
spouse a free sandwich,” that action alone likely violates section 1.3.113(D) (provided
the other elements of 113(D) are met). Under the concurrence’s interpretation of the
Code, whether a violation occurred would depend on how the sandwich-shop worker
concurrence — if the hypothetical City Councilmember were rejected and walked away,
or their spouse was given a free sandwich, it would not be a violation of the Code.
However, in our opinion the improper request is what constitutes a violation, not the
Sutherland felt accused and derogated by Mr. Skorman. It is also our opinion Mr.
Skorman did not intend to accuse or derogate Ms. Sutherland, rather intending his
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intimidation, accusation, or derogation could be grounds for a harsher sanction, we do
RECOMMENDATION
While we find that Mr. Skorman did commit a violation of the Code of Ethics, we
find there are significant mitigating factors. This was not an instance where Mr.
Skorman premeditatedly sought to benefit from his position with the City. Rather, he
immediately realized that he should not have used his official capacity with the City in
the manner he did. Id. at 14:21-15:10. Moreover, he issued a public apology when he
Given all of the circumstances, we recommend that Mr. Skorman receive an oral
‘itjig
Arthur N. Sapp( Dolores Grady
9
Complaint 2018-01
CONCURRING OPINION
I concur with the result and recommendation of the other four IEC members, finding that
on March 21, 2018, Mr. Richard Skorman, as the Colorado Springs City Council
President, violated The City of Colorado Springs Code of Ethics, and specifically
Colorado Springs City Code § 1.3.113(D). The opinion of the other four IEC members
The majority opinion, in finding an ethical violation, stated, “By his own account, as
President of City Council, Mr. Skorman requested that Ms. Sutherland allow Mr.
Skorman’s close personal friend, Ms. Mykut, leave the scene of an accident for which
she appeared to be at fault without providing valid identification, without insurance in her
name, and in a vehicle not registered to Ms. Mykut. That action violates City Code
§1.3.113(D).” I did not feel that this adequately explained my reasoning in reaching the
conclusion that an ethical violation had occurred and, as such, I am writing this
concurring opinion.
hypothetical examples. Both examples are based upon hypothetical situations that did
not happen. In my hypothetical example no. 1, Mr. Skorman arrives at the accident
scene and states that he will vouch for the identity of Madalyne Mykut. When he is told
Springs City Council. He says he can be trusted. He says he is easy to find. He hands
out his City business card and says he will vouch for Ms. Mykut’s identity. In response,
in this hypothetical, Ms. Sutherland then states, “I accept your offer. I was tired of
waiting for the police and I was waiting for a credible person to arrive, someone who
could vouch for Ms. Mykut. Now that you have done so, we can all go home. Thank
you, Mr. Skorman.” Of course, THIS IS NOT WHAT HAPPENED, but if it had, then I
would have found there was no ethical violation. In my opinion, Mr. Skorman would not
have been misusing or abusing his official position and he would not have been seeking
special treatment for Ms. Mykut. I would have found his purpose in identifying himself
as City Council President was to provide credibility for his vouching for the identity of
Ms. Mykut. At that point, he was exploring what Ms. Sutherland wanted or would be
willingly to do, and he was not using his City position to obtain special treatment, and
In my hypothetical example no. 2, I will use the same scenario as in hypothetical no. 1,
up to the point where Ms. Sutherland responded to Mr. Skorman’s offer to vouch for Ms.
Mykut. In this second hypothetical, Ms. Sutherland states, “I reject your offer. I want
everyone to stay at the scene until the police arrive.” Mr. Skorman, in this hypothetical,
then states, ‘Well, okay. Thank you for your time ma’am. Have a good day.” Once
again, THIS IS NOT WHAT HAPPENED, but if it had, I would not have found an ethical
violation, for the same reasons set forth in example no. 1. Up to the point where Ms.
Sutherland clearly rejected his offer to vouch for Ms. Mykut, a reasonable interpretation
of what was happening was that Mr. Skorman was simply trying to find out what Ms.
Sutherland wanted or did not want to do. His identification of himself as the City Council
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President was intended to bolster his credibility as someone who could be trusted in his
vouching for Ms. Mykut. Being the City Council President is nothing to be ashamed of.
In fact, this is something he should be very proud of, and he can certainly let people
know that he is City Council President. This interpretation would be consistent with Mr.
Skorman’s email dated April 3, 2018, in response to being notified of the ethics
verify Ms. Mykut’s identity so she could go home and be with her child.” This seems
reasonable and believable, up to the point of Ms. Sutherland’s rejection of his offer to
vouch for Ms. Mykut’s identity. Mr. Skorman’s simply offering to vouch for the identity of
Ms. Mykut would not have been enough for me to find an ethical violation.
Unfortunately, their conversation did not end when Ms. Sutherland rejected Mr.
Skorman’s offer to vouch for Ms. Mykut. At that point, Mr. Skorman knew that Ms.
Sutherland did not want Ms. Mykut to leave the scene of the accident, even if he
vouched for her. After that point, his attempts to get Ms. Sutherland to agree to Ms.
Mykut’s leaving the accident scene are considered by this author to have been an
attempt to get her to do something she did not want to do, and at that point I think he
was seeking “special treatment” for his close family friend, Ms. Mykut. This also seems
to be Ms. Sutherland’s position, where she stated in her Complaint, “As I stood my
ground and position . . . he should never have used his position in City Council to
intimidate and try to ‘force’ me to back down.” My reading of this was that Ms.
Sutherland was asserting that after she made it clear to Mr. Skorman that she did not
want Ms. Mykut to leave the scene of the accident, Mr. Skorman should not have
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proceeded to use his City Council position to try to intimidate her in order to get her to
In this regard, although there is some disagreement between Ms. Sutherland and Mr.
Skorman over some of the things that were or were not said and how long their total
conversation lasted, Mr. Skorman agreed that he said a couple of things. The majority
opinion relied on Mr. Skorman’s agreed statements in making its finding of an ethical
violation, and in large part, I do likewise. However, the majority opinion does not
address what happened after Ms. Sutherland rejected Mr. Skorman’s offer to vouch for
Ms. Mykut, and it is based upon this subsequent conduct of Mr. Skorman that I have
In my opinion, finding an ethical violation simply based upon Mr. Skorman’s attempt to
vouch for Ms. Mykut after identifying himself as the City Council President would be to
Ethics Code. If the conversation had simply ended, after Ms. Sutherland rejected his
offer to vouch for the identity of Ms. Mykut, I would not have found a violation.
Mr. Skorman agreed that at some point during their conversation, he asked Ms.
Sutherland if she slammed on her brakes. The underlying traffic accident involved Ms.
Mykut rear-ending the vehicle driven by Ms. Sutherland. Mr. Skorman’s question to Ms.
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One of the reasons given for wanting Ms. Mykut to be able to leave the accident scene
was that she had a young child waiting for her. When Ms Sutherland would not agree to
Ms. Mykut’s leaving the scene, Mr. Skorman agreed that he asked her, “Don’t you care
about kids?” Ms. Sutherland has alleged that he said, “You don’t care about children.
Why don’t you care about children?” In either case, this was a derogatory comment
directed to Ms. Sutherland, accusing her of not caring about children. Once again, after
his earlier emphasis on his position as City Council President, this derogatory comment,
seeking special treatment for Ms. Mykut, is deemed by me to have been improper.
Ms. Sutherland has alleged that Mr. Skorman “kept asking me if I knew who he was and
then telling me that he was President of the City Council . . . He was clearly using his
position in City Council to intimidate and threaten me.” It was a result of all of the
interactions, including the accusatory and derogatory comments directed at her, that led
to Ms. Sutherland’s assertion that Mr. Skorman used his position as City Council
President to intimidate her into taking action she had already told him she did not want
to take. Ms. Sutherland was fully justified in the filing of her ethics complaint against Mr.
Skorman. In addition, having found an ethical violation largely based upon Mr.
Skorman’s own statements, I also wish to note that Mr. Skorman presented credibly and
was considered by this IEC member to be honest and cooperative throughout the IEC
investigation process.
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In summary, with the state of the evidence, I agree and concur with the lEO majority
reprimand.