HomeMy WebLinkAboutMEETING MINUTES 5/02/2022Ethics Review Board Meeting Minutes
May 2, 2022
3:30 p.m. Meeting Via Zoom
Ethics Review Board members in attendance: Mayor Jeni Arndt, Councilmembers Julie
Pignataro, Councilmember Susan Gutowsky.
Staff in attendance: Carrie Daggett, City Attorney; Paula Bishop, Paralegal
Other Attendees: Kevin Jones, Fort Collins Chamber of Commerce; Melissa Rosas.
A meeting of the City Council Ethics Review Board (“Board”) was held on Monday, May 2,
2022, at 3:30 p.m. via Zoom Meeting.
The meeting started at 3:33 pm. The Board reviewed the Agenda which contained the following
items:
1. Call to Order
2. Roll Call
3. Review and Approval of the January 31, 2022, Minutes of the Ethics Review Board
4. Discuss and consider options for the screening and review process for ethics complaints.
5. Discuss and consider alternate board options.
6. Other Business
7. Adjournment
Paralegal Paula Bishop took roll call for the Board. All members were in attendance.
Councilmember Pignataro made a motion to approve the November 15, 2021, Minutes. Mayor
Arndt seconded the motion. The Minutes were approved by unanimous vote.
Next, Item 4 was up - discuss and consider options for the screening and review process for
ethics complaints.
City Attorney Carrie Daggett summarized the previously discussed screening and investigative
review process triggered when a Council Member complaint is made, the option of an alternate
review board and the screening step that is currently in place. Ms. Daggett noted the Board had
previously expressed interest in the idea of arranging in advance for an outside attorney, with
expertise in ethics, to review complaints and make screening evaluation on whether an
investigation is needed. Ms. Daggett suggested a non-local firm could avoid entanglements in
local issues. Steamboat Springs’ process was given as an example as it uses an extensive
screening process. There are benefits to building out our screening step, but we would need Code
edits to update the process. The needed edits may not be extensive, though.
Councilmember Pignataro asked to go over the current process for when a complaint against a
Councilmember is made and noted her agreement that out of town outside counsel would be best.
If outside counsel was asked to screen a complaint, the process would be as follows: complaint
filed, outside counsel screens complaint, if they think it warrants a full investigation then the
Ethics Review Board Meeting Minutes
May 2, 2022
3:30 p.m. Meeting Via Zoom
Board would review. She asked if outside counsel could do the full investigation; like the City
Attorney’s Office did for a Boulder issue a few years ago.
City Attorney Daggett explained that outside counsel could do the full investigation rather than
the Board, with the Board then evaluating and deciding the matter based on the results of the
investigation.
Mayor Arndt noted she does not disagree with peer review. Outside counsel can do investigation
and the Board can take findings and make recommendations or impose sanctions. It is the
Board’s and Council’s responsibility to self-regulate and sanction.
City Attorney Daggett noted that there is precedent in other cities for having outside counsel do
the investigation. And it may be beneficial for outside counsel making the screening
determination to carry out the investigation if one is needed.
Councilmember Pignataro asked about complaints that are similar and spending money on
outside counsel when similar complaints arise.
City Attorney Daggett suggested the screening process can be updated to more specifically
screen out duplicate complaints.
Councilmember Gutowsky asked how screeners will be determined.
City Attorney Daggett replied that the City Attorney’s Office would do a request for firms to
express interest, gather information about the interested firms and line up a few law firms to be
available to review complaints when received. Arranging for more than one would enable quick
alternatives in case there is a conflict of interest raised by a particular complaint.
Councilmember Gutowsky asked if Council would have opportunity to get to know who the
firms are before hiring.
City Attorney Daggett replied that she would provide a memo with law firm information to
ensure Council was comfortable with who was being hired.
The Board agreed that the Council or Board would have a hard time choosing who would be the
best outside counsel and prefers a City Attorney selection process and selection, with notice to
Council.
Councilmember Gutowsky asked if these changes would come before Council.
City Attorney Daggett noted this would require a Code change to modify the process. However,
the hiring of the firm wouldn’t need to go before Council since it could be set up to be done
administratively.
The Board expressed consensus that using a third party to screen and investigate complaints is a
good idea.
Ethics Review Board Meeting Minutes
May 2, 2022
3:30 p.m. Meeting Via Zoom
City Attorney Daggett reminded the Board that this discussion has been focused only on
complaints against Councilmembers and not complaints against board or commission members
or the advisory opinion process. She will need to draft Code language changes and the Board
will need to have one more meeting to review the Code language changes based on the
discussion.
Councilmember Gutowsky asked if the Board was going to further discuss the issue of conflicts
of interest and Councilmember employers.
Councilmember Pignataro noted the process changes may address the concerns that had been
raised and was not sure the employment issue required further discussion.
City Attorney Daggett noted that if there is interest, the Council could add employer-related
restrictions to the City Code. She noted she would include previously-provided information
about this issue in the packet for the next Board meeting.
Councilmember Gutowsky asks if the Board should continue to meet on an “as-needed” basis?
There was general consensus that the Board should meet on an “as-needed” basis.
City Attorney Daggett will put together a draft for the complaint screening and investigation
process. She will aim for a Board meeting in late August or early September.
Board would like the Council consideration of ethics Code changes added to the 6-month
calendar once they have been reviewed by the Board.
Other Business:
City Attorney Daggett noted that financial disclosure statements are due May 15th. Blank copies
can be found with Clerk.
Item 5 was briefly discussed - Discuss and consider alternate board options.
Councilmember Pignataro says that since the Board has agreed on having outside counsel review
and investigate complaints an Alternate Board would not be necessary.
City Attorney Daggett reviewed the existing Alternate Board process for times when a majority
of Council is named in a complaint. Sitting Board and Commissions members, that are willing to
participate, would make up the Alternate Board when this process is triggered.
The Board agrees that there is not much interest in further reviewing the Alternate Board model.
Meeting adjourned at 4:27pm