Longmont council member fought for city grant to her non-profit

By Greg Burt

Longmont city council member Karen Benker worked to influence the awarding of a $10,000 contract to a non-profit of which she was board member, despite concerns over the organization's safety record. The Boulder District Attorney's office is researching whether Benker's actions might be in violation of state law prohibiting elected officials from trying to influence a public decision involving a personal interest.

Benker served from May 2007 to September 2008 as a founding member of the board of directors of Homeless Outreach Providing Encouragement, a non-profit that provides outreach services to Longmont's homeless population. The non-profit began pursuing city funds in 2007, competing against Boulder County Shelter for the Homeless, who held a city contract for homeless services.

After hearing both agencies' presentations, the LHHSAB voted unanimously to continue its relationship with Boulder County Shelter. The city council then approved the contract. But that group then determined it couldn’t provide the services, leading the city to re-visit the selection process with HOPE now the sole bidder.

Aaron Rawlins, a member of the Longmont Housing and Human Services Advocacy Board, said the panel originally denied HOPE's bid in favor of the Boulder County Shelter in part because of the tone of the HOPE's presentation. “[HOPE's executive director Bray Patrick-Lake] was so disdainful with us and she said she was going to do [provide homeless services] anyway,” he said.

The board was also concerned about HOPE’s safety practices. “[HOPE] practiced a lot of unsafe activities,” Rawlins said. “They didn’t have multiple people go with them. They were taking [homeless] people in their private cars and [going] into their private residences. A lot of these homeless people have severe mental issues and we were really concerned with how the whole operation operated...We didn’t want to support something that was going to be unsafe to volunteers.”

Though she did not attend the prior meeting on the contract, Benker did attend a LHHSAB meeting on January 10, 2008, where the contract was again on the board’s agenda. Meeting minutes list two city council members in attendance: Sean McCoy, a city council member and a voting member of the LHHSAB, and Benker, who was introduced as a guest.

While Lake had made the group's initial pitch, this time Benker was HOPE's sole advocate in attendance.

Benker's advocacy for the proposed grant unsettled Leslie Irwin, then chair of the LHHSAB, who says she was unclear whether Benker appeared before the board on behalf of the council or the non-profit. She agrees the housing board had safety concerns at the time and also said there was some concern about the non-profit not “playing nice” with other human services agencies in town.

“I won’t say [Benker] totally distinguished whether she was there as a council person or a board member of HOPE. She didn’t really state," said Irwin. "But it appeared that she was more there as an advocate for HOPE, but I was not very clear."

"I was a little uncomfortable with [Benker's presence at the meeting]," Irwin said. "I think public figures should be very clear if they are acting as a political elected official or as a private citizen who is a board member."

"But we made our decision independently. Her presence did not impact our decision making process at all."

Colorado state law forbids public officials with a personal interest in a matter pending before a government entity from trying to influence other officials on that matter. Elected officials are also required to disclose the personal interest and abstain from voting on actions that benefit the organization in question.

Boulder District Attorney Stanley Garnett said he has instructed Assistant District Attorney Chris Zenisek to review evidence in the case for possible investigation.

The LHHSAB unanimously recommended HOPE for the $10,000 contract. When it again came before the Longmont city council for final approval, Benker recused herself from the vote. The city council then discussed and unanimously approved the HOPE contract.

Benker was contacted by e-mail and asked about her advocacy on behalf of the non-profit as a possible violation of state law. She did not answer the question but did tout on her efforts to help the poor through her affiliation with the non-profit.

Greg Burt is a freelance reporter. He may be contacted at www.veritasconsulting.biz.