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HomeMy WebLinkAboutCommission On Disability - Minutes - 01/13/1992Commission on Disability - Regular Meeting January 13, 1992 • MINUTES MEMBERS PRESENT: Shirley Reichenbach Bob Willmot Denise Scheberle Judith Sayre Grim Debbie Kalin Ray Sanderson Angela Bryn MEMBERS ABSENT: Mike Wilson, excused Bob Porter, excused Roy Beachamp, excused Arne Anderson, excused GUESTS: Myrna M. Luger STAFF: Mike Gebo Ann Reichert Boardmember Denise Scheberle moved to approve the December minutes. • Boardmember Willmot seconded the motion. The minutes were approved. Board president Shirley Reichenbach distributed a letter from the Mayor in response to an incident at Rocky Mountain High School. (A copy of the letter is attached to these minutes.) ELECTION OF MEMBER AT LARGE Boardmember Kalin volunteered to serve as Member at Large. It was voted unanimously to accept. PLAN REVIEW The following addresses were reviewed by the Plan Review Committee 15 Old Town Square 1024 Lemay 140 W Oak 105 Troutman Parkway 400 Canyon Ave A letter was received by Nancy Jackson of the DRS from Progressive Living. In a previous plan review it was noted to Progressive Living that an apartment building they were building did not meet ADA requirements. Progressive will re -draw the plans to meet requirements. Board president Shirley Reichenbach distributed a copy of 40 Loveland's minutes. (A copy is attached to these minutes.) a Commission on Disability January 13, 1992 • Page 2 A copy of a memorandum from the Ethics Committee was distributed by Mike Gebo. (A copy is attached to these minutes.) N.O.D. Board president Reichenbach stated we needed a volunteer to serve as NOD representative. Denise Scheberle volunteered. Video tapes on the ADA were viewed by the committee as well as video tapes from the National Forest Service. It was moved to adjourn. Next meeting - February 10, 1992, 1:OOpm, 281 North College SR:aer • • M E M O R A N D U M DATE: January 6, 1992 TO: All City Boards and Commissions FROM: Steve Roy, City Attorney /// RE: Ethics Review Board Opinion 91-2 Under the City Code, the Ethics Review Board of the City Council is empowered to make recommendations not only to the City Council but to the boards and commissions of the City. Attached is an opinion of the Ethics Review Board which deals with the question of board and commission members making presentations to their own boards or commissions in a personal capacity, even though they have a conflict of interest and are prohibited by the City Charter from influencing the board or commission's decision in any official capacity. In the attached opinion, the Ethics Review Board has recommended certain guidelines for board and commission members who wish to make such personal capacity presentations. • The members of the Ethics Review Board have requested that I disseminate this opinion to all City boards and commissions. If you have any questions about its interpretation or application, please do not hesitate to contact me. SJR:whm Attachment 300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6520 91-2 • OPINION OF THE ETHICS REVIEW BOARD OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS September 26, 1991 The Ethics Review Board ("the Board") has been asked by Councilmember Maxey to review the question of whether a member of a City board or commission who has a conflict of interest in a particular decision may appear before his or her own board or commission to address the matter in a personal capacity, even though he or she would have to refrain from participating in the decision in an official capacity. In reviewing the relevant provisions of local and state law, it appears that neither state statutes nor the City Charter prohibit such private capacity appearances, so long as the board or commission member files a conflict of interest statement and does not participate in the board or commission's decision in any official capacity. The City Charter provision which pertains to this matter reads as follows: Interests in other decisions. Any officer or employee who has, or whose relative has, a financial interest and any officer or employee who has a personal interest in any decision of any public body of which he or she is a • member or to which he or she makes recommendations, shall, upon discovery thereof, disclose such interest in the official records of the city in the manner prescribed in subsection (4) hereof, and shall refrain from voting on, attempting to influence, or otherwise participating in such decision in any manner as an officer or employee. (Article IV, Section 9[b][3], City Charter, emphasis added.) The City Charter definition of "personal interest" reads as follows: Personal interest means any interest (other than a financial interest) arising from blood or marriage relationships or from close business, political or personal associations or concerns which would, in the judgment of a reasonably prudent person, tend to impair independence of judgment or action in the performance of official discretionary duties. (Article IV, Section 9[a], City Charter.) The City Charter also provides that any contracts made in violation of the conflicts of interest provisions are voidable by the City. (City Charter, Article IV, Section 9[b][5].) • To the extent that state law may be applicable, it states that a local government official or employee (which would include board Ethics Opinion .91-2 • September 26, 1991 Page 2 and commission members) is to refrain from performing any official act in which he or she has a financial interest or is engaged as a consultant, representative or agent. (Section 24-18-109[2)(d), C.R.S.) This provision of state law is to be contrasted with the state rule for councilmembers, which simply states that councilmembers are to refrain from attempting to influence decisions in which they have a personal or private interest. The rule for councilmembers makes no distinction between attempts to influence the decision in a personal or private capacity. The Board believes that members of City boards or commissions, as non -elected citizen volunteers, should not be required to give up the right to protect their personal interests when they might be directly affected by a board or commission, even if they serve on that board or commission. This right should not extend, however, to representing interests other than their own individual interests. For example, while a member of the Zoning Board of Appeals should be able to argue in favor of a variance for his or her private residence, that same board member should not be permitted to serve in a representative capacity, with or without compensation, and make presentations to the Zoning Board of Appeals on behalf of another person or entity, such as a developer or neighborhood association. • The Board recommends the following guidelines for board and commission members who have conflicts of interest but wish to make private capacity presentations to their own board or commission: 1. immediately upon discovery that a conflict of interest exists as defined in the City Charter, a board or commission member should file a conflict of interest statement with the City Clerk as required by the Charter. (He/she may also wish to file a disclosure statement with the Secretary of State under the relevant provisions of state law. The City Attorney should be consulted on this point.) 2. The board or commission member must thereafter refrain from participating in discussions of the board or commission, voting on the matter or attempting to influence the decision as a board or commission member. 3. Any presentations made by the board or commission member in support of the proposal shoula be made in an individual capacity and not as a representative of any group or organization. L 0 • Ethics Opinion 91-2 September 26, 1991 • Page 3 4. Each time that the board or commission member addresses the matter, he or she should clearly state that he/she is doing so in a private capacity and will not be participating in the decision - making process. The opportunities for input that are made available to the board or commission member should be limited to those which would be available to any other member of the general public who is similarly interested in the decision. The Board does not believe that these limitations should apply to a board or commission member's ability to make personal capacity presentations to boards or commissions of the City other than the one on which the individual serves. Appearances to other boards or commissions in a representative capacity should be permitted. For example, an attorney serving on the Planning and Zoning Board should not be precluded from representing a client in a matter before the Zoning Board of Appeals. Staff liaisons to boards and commissions are encouraged to work with the City Attorney's office and the City Clerk's office to inform board and commission members of the ethical rules of conduct that apply to the performance of their duties. Members of boards • and commissions are encouraged to consult with these members of City staff, as well as their Council liaisons, for guidance on the handling of conflict of interest situations. The advisory opinion was reviewed and approved by Councilmembers Maxey, Edwards and Fromme, as members of the Ethics Review Board of the City Council, for distribution to the members of the Council and for distribution to the City Clerk, to be maintained in the permanent file of opinions of the Ethics Review Board. Dated this 26th day of September, 1991. SJR:whm 0 Stephen J. Roy, CitY Attorney