HomeMy WebLinkAboutREFERENCE MATERIAL - 8/17/2015- MUNICIPAL CODE8/18/2015 Fort Collins, CO Municipal Code
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Sec. 2-568. - Ethical rules of conduct.
Definitions. The following words, terms and phrases, when used in this Section, Section 2-569 and in
Section 9 of the Charter Article IV, shall have the following meanings:
Benefit shall mean an advantage or gain.
Board and commission member shall mean a member of any appointive board or commission of
the City.
Confidential information or information received in confidence shall mean:
Information contained in any writing that may properly be withheld from public inspection
under the provisions of the Colorado Open Records Act and that is marked "confidential"
when provided to the officer or employee;
All information exchanged or discussed in any executive session properly convened under §
2-31 or 2-71 of the Code, except to the extent that such information is also contained in a
public record available to the general public under the provisions of the Colorado Open
Records Act; or
All communications between attorneys representing the City and officers or employees of
the City that are subject to the attorney-client privilege, whether oral or written, unless the
privilege has been waived.
Councilmember shall mean a member of the City Council.
Different in kind from that experienced by the general public shall mean of a different type or nature
not shared by the public generally and that is not merely different in degree from that
experienced by the public generally.
Direct shall mean resulting immediately and proximately from the circumstances and not from an
intervening cause.
Detriment shall mean disadvantage, injury, damage or loss.
Financial interest shall have the meaning given to this term in Section 9(a) of Charter Article IV,
which states:
Financial interest means any interest equated with money or its equivalent. Financial interest shall
not include:
the interest that an officer, employee or relative has as an employee of a business, or as a
holder of an ownership interest in such business, in a decision of any public body, when the
decision financially benefits or otherwise affects such business but entails no foreseeable,
measurable financial benefit to the officer, employee or relative;
the interest that an officer, employee or relative has as a nonsalaried officer or member of a
nonprofit corporation or association or of an educational, religious, charitable, fraternal or
civic organization in the holdings of such corporation, association or organization;
the interest that an officer, employee or relative has as a recipient of public services when
such services are generally provided by the city on the same terms and conditions to all
similarly situated citizens, regardless of whether such recipient is an officer, employee or
relative;
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the interest that an officer, employee or relative has as a recipient of a commercially
reasonable loan made in the ordinary course of business by a lending institution, in such
lending institution;
the interest that an officer, employee or relative has as a shareholder in a mutual or common
investment fund in the holdings of such fund unless the shareholder actively participates in
the management of such fund;
the interest that an officer, employee or relative has as a policyholder in an insurance
company, a depositor in a duly established savings association or bank, or a similar interest-
holder, unless the discretionary act of such person, as an officer or employee, could
immediately, definitely and measurably affect the value of such policy, deposit or similar
interest;
the interest that an officer, employee or relative has as an owner of government-issued
securities unless the discretionary act of such owner, as an officer or employee, could
immediately, definitely and measurably affect the value of such securities; or
the interest that an officer or employee has in the compensation received from the city for
personal services provided to the city as an officer or employee.
Officer or employee shall mean any person holding a position by election, appointment or
employment in the service of the City, whether part-time or full-time, including any member of
the City Council and any member of any authority, board, committee or commission of the City,
other than an authority that is:
Established under the provisions of the Colorado Revised Statutes;
Governed by state statutory rules of ethical conduct; and
Expressly exempted from the provisions of Article IV of the City Charter by ordinance of the
City Council.
Personal interest shall have the meaning given to this term in Section 9(a) of the Charter Article
IV, which states:
Personal interest means any interest (other than a financial interest) by reason of which an officer
or employee, or a relative of such officer or employee, would, in the judgment of a reasonably
prudent person, realize or experience some direct and substantial benefit or detriment different
in kind from that experienced by the general public. Personal interest shall not include:
the interest that an officer, employee or relative has as a member of a board, commission,
committee, or authority of another governmental entity or of a nonprofit corporation or
association or of an educational, religious, charitable, fraternal, or civic organization;
the interest that an officer, employee or relative has in the receipt of public services when
such services are generally provided by the city on the same terms and conditions to all
similarly situated citizens; or
the interest that an officer or employee has in the compensation, benefits, or terms and
conditions of his or her employment with the city.
Public body shall have the meaning given to this term in Section 9(a) of Charter Article IV, which
states:
Public body means the Council or any authority, board, committee, commission, service area,
department or office of the city.
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Public services shall mean city services provided to or made available for the public's benefit.
Related entity shall mean any corporation, limited liability company, partnership, sole
proprietorship, joint venture, trust, estate, foundation, association, business, company or any
other organization, whether or not operated for profit, with respect to which an officer or
employee, or a relative of the same, has a substantial ownership interest in, is employed by, is an
agent for or otherwise represents in any legal capacity.
Relative shall have the meaning given to this word in Section 9(a) of Charter Article IV, which
states:
Relative means the spouse or minor child of the officer or employee, any person claimed by the
officer or employee as a dependent for income tax purposes, or any person residing in and
sharing with the officer or employee the expenses of the household.
Routine City matter shall mean a usual and ordinary registration, reservation, or other request or
application, within a program or for public services or City approval, such as a registration for a
recreation class, reservation of a park shelter, request for standard utility services or application
for a building permit, development approval or variance, or an appeal, provided that the same is
carried out using a routine process or system or in a manner consistent with standard practices.
Similarly situated citizens shall mean citizens in like circumstances having comparable legal rights
and obligations.
Substantial shall mean more than nominal in value, degree, amount or extent.
Notwithstanding the provisions of § 1-15 of the Code, an alleged violation of the provisions of this
Section by a member of the City Council shall not be prosecuted in the Municipal Court as a
misdemeanor criminal offense but shall instead be referred to the Ethics Review Board for an
advisory opinion and recommendation under the provisions of § 2-569.
Rules of conduct.
Use and disclosure of confidential information. The following rules shall apply to the use and
disclosure of confidential information by officers and employees of the City. In the event of any
conflict among these provisions, the more specific provision shall take precedence over the more
general provision.
No use for personal gain. No officer or employee shall knowingly use information received in
confidence as an officer or employee to advance the financial or personal interests of the
officer or employee or others.
Disclosure of confidential information, generally. No officer or employee shall knowingly
disclose any confidential information to any person who is not an officer or employee or to
an officer or employee whose official duties are unrelated to the subject matter of the
confidential information or to maintaining an official record of such information on behalf of
the City, unless such disclosure is reasonably necessary to protect the City from the gross
mismanagement of public funds, the abuse of governmental authority, or illegal or unethical
practices.
Disclosure of confidential information provided to the City Council. All information received in
confidence by the City Council shall remain confidential, and no officer or employee shall
knowingly disclose any such confidential information to any person to whom such
information was not originally distributed by City staff unless and until the City Council has,
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by majority vote, consented to its release, unless such disclosure is reasonably necessary to
protect the City from the gross mismanagement of public funds, the abuse of governmental
authority, or illegal or unethical practices.
Disclosure of information discussed in executive session. No officer or employee shall
knowingly disclose any confidential information discussed in an executive session to any
person who was not present during such discussion, other than members of such body who
were unable to attend the executive session, without the prior knowledge and consent of the
body holding such executive session, unless such disclosure is reasonably necessary to
protect the City from the gross mismanagement of public funds, the abuse of governmental
authority, or illegal or unethical practices. In the event that a matter discussed in executive
session comes before the City Council or a board or commission of the City for formal action
at an open meeting, or if such formal action is anticipated, nothing herein shall be construed
as prohibiting a member of the body that will be taking such formal action from stating his or
her position or opinion with regard to the matter, as long as such statements do not divulge
confidential information received from others during the executive session.
Certain distribution and discussion by City Manager and City Attorney permitted.
Notwithstanding the provisions of Subparagraphs c. and d. above, the City Manager and City
Attorney may further distribute confidential information provided to the City Council and
may disclose confidential information discussed in any executive session of the City Council,
or of a Council committee, to such staff members and/or board and commission members as
they may consider reasonably necessary to enable them to fully advise the City Council or to
implement any direction given by the City Council or to advise other officers and employees
of the City whose official duties are related to the subject matter of the confidential
information or to maintaining a record of the same on behalf of the City.
No disclosure of confidential information to officer or employee having conflict of interest.
No officer or employee who has filed a statement of conflict of interest with the City Clerk
under Article IV, Section 9 of the Charter, or who has been determined by the City Council
under the provisions of Subparagraph g. below to have a conflict of interest, shall knowingly
elicit, accept or inspect any confidential information pertaining to the subject matter of such
conflict of interest, nor shall any such officer or employee attend or participate in an
executive session of the City Council, or of a Council committee or board or commission of
the City, pertaining to said subject matter.
The City Council may determine that a Councilmember shall not receive confidential
information or attend executive sessions on a particular topic if the City Council first
determines that said Councilmember has a conflict of interest in the subject matter of such
confidential information and/or executive session. Any such determination by the City
Council shall be made only after the City Council has received an advisory opinion and
recommendation of the Ethics Review Board on the question, rendered in accordance with
the provisions of § 2-569.
No Councilmember shall represent any person or interest before the City Council or any board or
commission of the City.
All officers and employees shall refrain from accepting payment for any speeches, debates or
other public events and shall further refrain from accepting any gift or favor which, in the
judgment of a reasonably prudent person, would tend to impair the officer's or employee's
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independence of judgment in the performance of his or her official duties. The following shall not
constitute prohibited gifts or favors under this Section:
Campaign contributions reported as required by Chapter 7, Article V of this Code;
A nonpecuniary award publicly presented by a nonprofit organization in recognition of public
service;
Payment of or reimbursement for actual and necessary expenditures for travel and
subsistence for attendance at a convention or other meeting at which an officer or employee
is scheduled to participate;
Reimbursement for or acceptance of an opportunity to participate in a social function or
meeting which is offered to an officer or employee which is not extraordinary when viewed in
light of the position held by such officer or employee;
Items of perishable or nonpermanent value that are insignificant in value, including, but not
limited to, meals, lodging, travel expenses or tickets to sporting, recreational, educational or
cultural events; and
Payment of salary from employment, including other employment in addition to that earned
from being an officer or employee.
No officer or employee shall request on his or her own behalf, or for or through a relative or
related entity, from any other officer or employee, or grant to any other officer or employee, or
relative or related entity of the same, any consideration, treatment or advantage in the
interpretation, administration or enforcement of the Charter, Code, any City regulation, policy or
program or in the provision of public services, that is substantially different from that available to
other persons in the same circumstances or having the same need.
If any Councilmember contacts an officer or employee regarding a request in connection with
that contacted officer's or employee's role and in relation to a matter that is not a routine City
matter and is not within the Councilmember's role as an officer of the City, said Councilmember
shall no later than 5:00 p.m. on the next business day after such contact deliver a written
disclosure to the City Clerk and the City Manager and to all other members of City Council. The
written disclosure must describe the date, time and general subject matter of the contact,
together with the identity of the officer or employee contacted. Any private or confidential
information, such as tax, utility account, or other personal information may be excluded or
redacted from such disclosure. Disclosure by means of an electronic message shall be deemed to
constitute written disclosure for purposes of this provision.
(Ord. No. 112, 1989, § 1, 8-1-89; Ord. No. 162, 2000, § 2, 11-21-00; Ord. No. 109, 2002, §§ 1—4, 8-20-02;
Ord. No. 145, 2014, 11-4-14; Ord. No. 159, 2014, §§ 1—3, 11-18-14)
Sec. 2-569. - Board of ethics.
In order to assist the Councilmembers and board and commission members in interpreting and
applying the definitions, rules and procedures pertaining to ethics established by the Charter and
Code and by the applicable provisions of state statute, there is hereby created a Board of the City to
be known as the Ethics Review Board, hereafter referred to in this Division as the "Review Board."
The Review Board shall consist of three (3) Councilmembers elected by the City Council, one (1) of
whom shall be elected by the Review Board to serve as a chairperson. One (1) alternate shall also be
appointed by the City Council to serve in the event that a regular member of the Review Board is
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unavailable or in the event that any particular complaint or inquiry is directed towards a member of
the Review Board.
Subject to the provisions of Subsection (d) below, the duties and responsibilities of the Review Board
shall be as follows:
To review and investigate complaints of unethical conduct filed against Councilmembers or
board and commission members by any person;
To review and investigate actual or hypothetical situations involving potential conflicts of interest
presented by individual Councilmembers or board and commission members;
After review and investigation, to render advisory opinions or interpretations pertaining to such
complaints or inquiries under the relevant provisions of the Charter and Code and the applicable
provisions of state law, if any, and to make written recommendations to the City Council and any
affected board or commission concerning the same; and
To propose any revisions to the provisions of the Charter or Code or other regulations, rules or
policies of the City pertaining to ethical conduct as the Review Board may deem necessary and
appropriate in the best interests of the City.
Complaints and inquiries shall be submitted to the Review Board only according to the following
procedures:
Complaints.
Any person who believes that a Councilmember or board and commission member has
violated any provision of state law or the Charter or Code pertaining to ethical conduct may
file a complaint with the City Clerk, who shall immediately notify the chairperson of the
Review Board, the Councilmembers or board and commission members named in the
complaint and the City Council. The complaint shall be promptly scheduled for consideration
by the Review Board. No more than ten (10) working days after the date of filing of the
complaint, the Review Board shall meet and consider the complaint. All Councilmembers or
board and commission members named in the complaint, as well as the complainant, shall
be given written notice of such meeting at least three (3) working days prior to the meeting. A
notice of the complaint, including the identity of the complainant shall be posted along with
the meeting notice.
Upon receipt of any such complaint, the Review Board shall, after consultation with the City
Attorney, decide by majority vote whether to formally investigate the complaint. In making
such determination, the Review Board shall consider the following: (1) whether the
allegations in the complaint, if true, would constitute a violation of state or local ethical rules;
(2) the reliability and sufficiency of any facts asserted in support of the allegations; and (3)
any other facts or circumstances that the Review Board may consider relevant. If the Review
Board determines that the complaint does not warrant investigation, the Review Board shall
send written notice to the complainant of its determination and the reasoning behind that
determination, and shall provide a copy of such notice, together with a copy of the complaint,
to all Councilmembers or board or commission members named in the complaint, as well as
the City Council.
In the event that a complaint is filed with the City Clerk under the provisions of this
Subsection which alleges a violation on the part of two (2) or more members of the Review
Board (including the alternate), such complaint shall not be referred to the regular Review
Board for review but shall instead be submitted to an alternate Review Board consisting of all
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remaining Councilmembers who are not named in the complaint; provided, however, that if
five (5) or more Councilmembers are named in the complaint, the alternate Review Board
shall also include as many members of City boards and commissions as are necessary to
constitute a seven-member board. Said Board and commission members shall be selected at
random by the City Clerk within ten (10) working days of the date upon which the complaint
is filed with the City Clerk. Any board and commission members selected by the City Clerk
who elect not to serve on the alternate Review Board shall immediately so notify the City
Clerk, who shall thereafter select as many additional board and commission members as are
necessary to constitute the seven-member alternate Review Board. The procedures utilized
by the alternate Review Board for reviewing and investigating the complaint and rendering
an advisory opinion and recommendation shall be as provided in Subsections (b) and (e) of
this Section, except that: (i) the opinion and recommendation of such Board shall be final and
shall not be submitted to the City Council for review or adoption by the City Council unless at
least three (3) Councilmembers remain available to consider and take action on the opinion
and recommendation; and (ii) the City Council and City staff shall, upon request by the
alternate Review Board, make available to such Board all information in the possession of the
city that is relevant to the Board's investigation, including, without limitation, tape recordings
of any relevant executive sessions, unless the release of said information is prohibited by
state or federal law; and, in reviewing and discussing such information, the Board shall abide
by any local, state or federal confidentiality requirements that might limit or prohibit the
release of such information to third parties.
City Council inquiries. Any Councilmember may present directly to the Review Board any inquiry
regarding the application of ethical rules of conduct under state statute or the Charter or Code to
any actual or hypothetical situation of a Councilmember or board and commission member.
In performing its review and investigation of any complaint or inquiry submitted in accordance with
Subsection (d) hereof, the Review Board shall afford all affected Councilmembers or board and
commission members an opportunity to present their interpretations of the facts at issue and of the
applicable provisions of law before rendering its opinion and recommendation. The Review Board
may also request such additional materials or information from City staff or members of the public
which it considers reasonably necessary or helpful to its deliberations. In addition, in the case of a
complaint, the Review Board shall have the power to compel by subpoena the attendance and
testimony of witnesses and the production of such documents as the Review Board may consider
necessary to its investigation. After investigation, the Review Board shall forthwith issue an advisory
opinion and recommendation to the City Council, which shall immediately thereafter be filed with the
City Clerk and be available for public inspection. Said opinion and recommendation shall be
submitted to city Council at a regular City Council meeting, at which time the City Council shall
determine whether to adopt the same. Any whose conduct or circumstance is the subject of the
opinion shall refrain from participating in any deliberations of the City Council regarding the opinion.
The City Attorney shall provide legal advice to the Review Board and shall prepare and execute all
advisory opinions and recommendations of the review board.
Compliance with the applicable provisions of the Charter and Code and the provisions of state law, as
well as decisions regarding the existence or nonexistence of conflicts of interest and the appropriate
actions to be taken in relation thereto, shall be the responsibility of each individual Councilmember or
board and commission member, except as provided in Subparagraph 2-568(c)(1)(g). An opinion
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adopted by the City Council under Subsection (e) of this Section shall constitute an affirmative
defense to any civil or criminal action or any other sanction against a Councilmember or board or
commission member acting in reliance thereon.
(Ord. No. 112, 1989, § 1, 8-1-89; Ord. No. 17, 1993, 2-16-93; Ord. No. 64, 1993, 7-20-93; Ord. 132, 2001, § 2,
9-18-01; Ord. No. 110, 2002, §§ 1—3, 8-20-02; Ord. No. 144, 2014, 11-4-14)