HomeMy WebLinkAboutRESOLUTION - 7/25/2016- CONFLICT,PARTICIPATION,PERSONAL INTEREST,SALE,STAKEHOLDERREVISED JULY 25, 2016
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RESOLUTION 2016-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING ADVISORY OPINION AND RECOMMENDATION
NO. 2016-01 OF THE ETHICS REVIEW BOARD
WHEREAS, the City Council has established an Ethics Review Board (the “Board”)
consisting of designated members of the City Council; and
WHEREAS, the Board is empowered under Section 2-569 of the City Code to render
advisory opinions and recommendations regarding actual or hypothetical situations of
Councilmembers or board and commission members of the City; and
WHEREAS, the Ethics Review Board met on July 12, 2016, July 19, 2016, and July 25,
2016, to review and approve the draft Ethics Opinion 2016-01, with continued consideration of
an inquiry by Councilmember Campana requesting that the Board consider and provide an
advisory opinion regarding whether under the City Charter board and commission members,
after declaring and disclosing a conflict of interest in a matter, may participate in that matter on
behalf of an interested stakeholder (for example, as a technical professional providing advice to
an applicant), so long as they do not personally appear before the board to advocate on behalf of
another person, as needed, and how the same question applies to Councilmembers; and
WHEREAS, the Board has issued an advisory opinion with regard to this matter
concluding that in the case of a conflict of interest the Charter prohibits City board and
commission members from participating in any way as a board or commission member in the
decision of interest, but allows participation in a professional or personal capacity; and
WHEREAS, in light of this, the Board has also recommended that the Council adopt
Code language to establish and clarify the limits on board and commission member participation
in as a representative and in a personal capacity, which in general should allow participation
other than direct advocacy on behalf of others, and provide for a variance process for
consideration of exceptions to this limit on direct advocacy in cases of special hardship, and
intends to further review this issue and recommend Code amendments for Council consideration;
and
WHEREAS, the Board has further concluded that a board or commission member is not
prohibited from having a financial interest in a sale of services to the City unless her or she
supervises the services on behalf of the City, and recommended that Council propose a Charter
change in this regard; and
WHEREAS, the Board has also reaffirmed that stricter limits apply to Councilmembers,
in light of current Code and statutory provisions, and concluded that Councilmembers are
precluded from personally representing any person or interest in front of the Council or any City
board or commission, and intends to further review this issue and recommend Code amendments
for Council consideration; and
REVISED JULY 25, 2016
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WHEREAS, Section 2-569(e) of the City Code provides that all advisory opinions and
recommendations of the Board be placed on the agenda for the next special or regular City
Council meeting, at which time the City Council shall determine whether to adopt such opinions
and recommendations; and
WHEREAS, the City Council has reviewed the opinion of the Board and wishes to adopt
the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Opinion No. 2016-01 of the Ethics Review Board, a copy of which is
attached hereto and incorporated herein by this reference as Exhibit “A,” has been submitted to
and reviewed by the City Council, and the Council hereby adopts the opinion contained therein.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins
this 26th day of July, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk