A third-party investigator will look into potential ethics violations from Arvada City Councilmember Sharon Davis.

Davis was excused from the dais during the council’s regular business meeting on Feb. 3. The rest of the council then approved the outside investigation with a 6-0 vote.

The investigation, according to City Attorney Rachel Morris, was sparked after the city received information from a member of the community regarding a potential infraction of the city’s Code of Ethics found in chapter two, article eight of the Arvada City Code.

“The alleged facts provided to the city team, if proven in a proceeding permitted by our city code, may be a violation,” she told the council.

The specific article of the Arvada City Code contains a Code of Ethics involving conduct, compliance with other laws and conflicts of interest.

On Tuesday night, the council then approved a motion to waive attorney-client privilege between the city attorney and the council from Jan. 26 to Feb. 2 due to the investigation, meaning the alleged infraction fell within those dates.

While city officials did not say exactly what the allegations are, the Arvada Press received anonymous information regarding texts between Davis and a community member.

In the texts, Davis allegedly asked the community member to gather support in favor of the Welby Gardens development, which is set for a public hearing on April 7. 

While the city did not confirm that the texts were the cause of the investigation, the specified city code article includes required impartiality with how councilmembers approach public hearings. 

Davis declined to comment on the active investigation when asked by The Denver Gazette.

The proposed development — taking up around 20 acres at 17201 W. 64th Ave. with more than 300 apartment units and over 50 townhomes — has been a topic of ire for residents like the Protect Westwoods group.

The group argues that the development would impact the surrounding community with a change of character and increased traffic.

Regardless of the debate, asking residents to come provide positive comments about a development falls outside the councilmembers’ ethics code.

“The city of Arvada holds all employees and officials to the highest ethical standards,” the city said in a statement. “We take these allegations seriously and are committed to a thorough, impartial investigation.”

If Davis is found to have broken the code, the city “will take appropriate action based on the findings of the investigation while ensuring due process for all involved.”