HomeMy WebLinkAboutAgenda - Full - Ad Hoc Boards and Commissions Committee - 05/03/2023 -Committee Members: Emily Francis, District 6, Chair
Tricia Canonico, District 3
Julie Pignataro, District 2
Kelly Ohlson, District 5, alternate
Fort Collins City Council Ad Hoc
Committee for Boards and
Commissions Agenda
Regular Meeting
4 p.m., Wednesday, May 3, 2023
CIC Conference Room at City Hall, 300 Laporte Ave, Fort Collins, CO 80521
Zoom link: https://fcgov.zoom.us/j/97350466825
NOTICE:
Regular meetings of the Ad Hoc Committee for Boards and Commissions are held on the
1st Wednesday of each month at 4:00 p.m. unless otherwise stated. Meetings are conducted
in a hybrid format, with a Zoom webinar in addition to the in-person meeting in the CIC
Conference Room at City Hall.
Councilmembers may participate in this meeting via electronic means pursuant to their
adopted policies and protocol.
How to view this Meeting:
Meetings are open to the public
and can be attended in person
by anyone.
Meetings are available through the Zoom
platform, electronically or by phone.
Call in: +1 720 928 9299
Meeting ID: 973 5046 6825
Upon request, the City of Fort Collins will provide language access services for individuals who
have limited English proficiency, or auxiliary aids and services for individuals with disabilities,
to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay
Colorado) for assistance. Please provide 48 hours advance notice when possible.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para
personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con
discapacidad, para que puedan acceder a los servicios, programas y actividades de la
Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por
favor proporcione 48 horas de aviso previo cuando sea posible.
There are four options for members of the public who would like to
participate in or provide input regarding Council Committee meetings:
Comment in real time:
In person attendees can address the
C in the
During the public participation portion of the meeting and discussion items:
The public can join the Zoom meeting and comment from the remote
meeting, joining online or via phone.
Join the online meeting using the link in this agenda to log in on an internet-enabled smartphone,
laptop or computer with a speaker and microphone. Using earphones with a microphone will
greatly improve audio experience. To be recognized to speak during public participation portions
of the meeting, click the 'Raise Hand' button.
Participate via phone using the call in number and meeting ID below. Enter the meeting ID when
prompted, and then hit the # key.
Call in number: 720 928 9299
Meeting ID: 973 5046 6825
During public participation opportunities in the meeting, press *9 to indicate a desire to speak.
Submit written comments:
Email comments about any item on the
agenda to cityleaders@fcgov.com
Written comments can be mailed or
dropped off at the City Clerk's Office at
City Hall, at 300 Laporte Ave,
Fort Collins, CO 80522
The Ad Hoc Committee is supported by the Office of the City Clerk
cityclerk@fcgov.com 970.221.6515
Meeting agendas, minutes, and archived videos are available on the City's meeting portal at
https://fortcollins-co.municodemeetings.com/
5/3/2023 – Agenda Page 1
Agenda
Ad Hoc Committee for Boards and Commissions
May 03, 2023 – 4:00 PM
CIC Conference Room, City Hall, 300 Laporte Ave & via Zoom at
https://fcgov.zoom.us/j/97350466825
Remote Participation Available
A)Call Meeting to Order
B)Roll Call
C)Approval of Minutes
1.Consideration and approval of the minutes of April 5, 2023.
The purpose of this item is to approve the draft minutes of the April 5, 2023, Ad Hoc Committee
for Boards and Commissions meeting.
D)Discussion / Informational Items
2.Review and discuss committee accomplishments, key dates, the Respectful Governance
Policy, the Code of Conduct and complaint process, Council Liaison responsibilities,
recruitment, and the evaluation of boards.
The purpose of this item is to review and discuss the progress of what the Ad Hoc Committee
has accomplished up until this point, to review what needs to be considered by full Council for
approval, to review key dates, to Review revisions to Respectful Governance Policy as well as
the Code of Conduct and complaint process, to review the updated Council Liaison
responsibilities, and to discuss improvements to recruitment and the evaluation of boards.
E)Review of Upcoming Calendar
F)Other Business
G)Adjournment
Next Scheduled Committee Meeting: 4:00 PM, June 15, 2023
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for
assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by
noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando
- Page 1 -
5/3/2023 – Agenda Page 2
sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del
día anterior.
- Page 2 -
4/5/2023 – Minutes Page 1
Minutes
Ad Hoc Committee for Boards and Commissions
April 05, 2023 – 4:00 PM
CIC Conference Room, City Hall, 300 Laporte Ave & via Zoom at
https://fcgov.zoom.us/j/95850905777
Remote Participation Available
A) Call Meeting to Order
4:04 PM
B) Roll Call
Committee Members Present: Emily Francis (Chair), Julie Pignataro, Tricia Canonico
Staff Members Present: Davina Lau, Rupa Venkatesh, Jenny Lopez-Filkins, Teresa Roche, Claudia
Menendez
Members of the Public: Kelly Ohlson, Emily Gallichotte, Kevin Jones, Jessica Jones, Amani
Chamberlin, Ann Marie Sharratt
C) Approval of Minutes
1. Consideration and approval of the minutes of March 1, 2023.
The purpose of this item is to approve the draft minutes of the March 1, 2023, Ad Hoc
Committee for Boards and Commissions meeting.
Committee Member Julie Pignataro moved to approve the March 1, 2023
minutes. Committee Member Tricia Canonico seconded. The motion was
adopted unanimously.
D) Discussion / Informational Items
2. Review and discuss the progress of the Ad Hoc Committee so far, review what requires
Council approval, discuss the evaluation of boards, and discuss board member
composition options.
The purpose of this item is to review and discuss what the Ad Hoc Committee has
accomplished up until this point, as well as to review items that require Council approval,
discuss the evaluation of boards, and to consider options for board member composition.
Discussion Highlights: Rupa Venkatesh, Assistant City Manager, provided an overview
of the accomplishments of the Committee, reviewed items that will require full Council
consideration as well as a timeline for that, and outlined board evaluation and board
member composition information.
Assistant City Manager Venkatesh outlined the possible ways a board could be formed or
eliminated and discussed the new piece which will provide for the Public Engagement
Specialist, Davina Lau, to provide an annual work session update on Boards and
Commissions to Council which would include information from pulse check surveys,
feedback from members, feedback from staff liaisons, and looking through the annual
work plans. Committee members discussed the items that should be discussed at those
- Page 3 -
Section C, Item 1.
4/5/2023 – Minutes Page 2
annual work sessions and how evaluations of Boards should occur. Assistant City
Manager Venkatesh discussed questions Council should consider when adding a Board.
Committee members concurred there should be two separate question processes for
adding or eliminating a Board.
Assistant City Manager Venkatesh outlined the questions related to board member
composition: how to transition the one-year term seats and why some boards have seven
members and others have nine. She outlined the current Code language related to one-
year terms and discussed options for allocating those seats for seven and nine member
boards. Committee members determined the best option.
Assistant City Manager Venkatesh outlined the options for addressing the number of
members on boards. Staff Member Lau noted type 2 boards make decisions on the
allocation of funds; therefore, having nine members does allow for evening out the
decision-making power among the board. Committee members opted to not make a
decision on changing the number of members. Committee Member Pignataro suggested
the possibility of allowing for a nine member board to come down to seven members if
there are quorum issues. Similarly, Chair Francis suggested seven member boards could
be increased to nine during review if there are many qualified candidates.
3. Review and discuss the updated Respectful Workplace Policy.
The purpose of this item is to review and discuss changes that have been made to the
Respectful Workplace Policy.
Discussion Highlights: Rupa Venkatesh, Assistant City Manager, stated the Respectful
Workplace Policy governs illegal activities.
Teresa Roche, Human Resources Executive, outlined the process that led to the
Respectful Workplace Policy and discussed some of the recent updates, noting none of
the changes are substantive.
Committee Member Pignataro questioned whether the title of the policy should be
narrowed. Roche replied staff realized ‘workplace’ was a bit of a misconception after the
policy was published and stated altering the title could occur per the direction of the
Committee. She also clarified this Policy governs illegal activities only and therefore
would not address things such as bullying, a word which has been used by some Boards
and Commissions members.
Committee Member Pignataro encouraged staff to look at possibilities for a title change to
the policy.
4. Review and discuss the Draft Code of Conduct and formal Complaint Process.
The purpose of this item is to review and discuss the draft Code of Conduct as well as the
formal Complaint process that accompanies it.
Discussion Highlights: Rupa Venkatesh, Assistant City Manager, stated the Code of
Conduct governs behavior. She discussed the examples of harassment in the Code of
Conduct noting some of those could be considered bullying.
Staff Member Davina Lau commented on wording in the Code of Conduct which focuses
on making it clear that everyone has the right to express their thoughts without feeling
threatened or judged. She stated an avenue to report behavior and express concerns is
present and if an individual on a Board or Commission is found to have violated the Code
of Conduct, that person can be removed from the Board.
- Page 4 -
Section C, Item 1.
4/5/2023 – Minutes Page 3
Committee members concurred the Code of Conduct should apply to all Council
members, not just the liaisons.
Chair Francis commented on the need to include rules of procedure for meetings
attended by Council members given Council members are not to influence Boards. Staff
Member Lau replied she did include some of that information in the onboarding materials.
Staff Member Lau noted every Board and Commission member will be required to sign
the Code of Conduct.
Committee members made suggestions to wording of specific items in the draft language.
Kelly Ohlson commented on the importance of not limiting discussion and debate and
stated he might not support this language as is given everyone has differing acceptance
levels of conflict. He asked about the inclusion of language stating ‘to respect and
support the legitimacy and authority of all decisions regardless of personal position on the
matter.’ Staff Member Lau replied that item is addressing action being taken through a
motion and a vote and, once that occurs, the decision is set.
Committee Member Pignataro supported the inclusion of the language.
Assistant City Manager Venkatesh discussed the complaint process noting there is still a
question as to whether the member who is the subject of the complaint should be notified
right away. She stated the City Attorney’s Office will determine whether an investigation
is warranted, and if so, that Office is responsible for conducting the investigation and
issuing the written findings of fact and conclusions to Council.
Chair Francis asked if an individual who files a complaint must cite a specific document
related to the complaint or if that individual can just explain a situation. Claudia
Menendez, Diversity Equity Inclusion Office, replied her office can help to provide
information related to any applicable citation.
Committee Members commented on the Ethics Committee process and its relationship to
this process.
Assistant City Manager Venkatesh discussed the options held by Council should a Code
of Conduct violation be sustained, including verbal or written warnings, corrective training,
requiring the violator to issue a written or verbal apology, or removing the violator from
the Board or Commission depending on severity of the violation. It was clarified the
removal would need to be considered by the full Council.
Committee Member Pignataro asked if violations against staff liaisons take a different
track. Staff Member Lopez-Filkins replied staff liaisons would be covered by personnel
policies if they are accused of a violation; however, the Code of Conduct could apply if a
staff liaison is being bullied by a Board member, for example.
5. Review and approve updates to the duties of Council Liaisons.
The purpose of this item is to review and approve updates to Resolution 2016-039 regarding the
duties of Council Liaisons.
Discussion Highlights: Rupa Venkatesh, Assistant City Manager, discussed the Resolution
that outlines the Council liaison role. She noted the Committee discussion led to the removal of
references to periodic reviews, the addition of a clarification that the role of the Council liaison is
- Page 5 -
Section C, Item 1.
4/5/2023 – Minutes Page 4
to identify and help resolve any problems, but with the support of the Clerk’s Office, City
Manager’s Office, and staff liaison, the removal of a reference to the Council liaison providing
training, and an update to the joint meeting Code language to require the Council liaison to
approve any joint meetings, not the full Council. She outlined additional questions to consider,
including a possible diversity consideration and standardized questions for interviews.
Chair Francis suggested having a ‘suggested questions for interviews’ document could be
helpful; however, she questioned whether that should be added to the resolution language.
Assistant City Manager Venkatesh commented on making the Council liaison language part of
the Code rather than in a resolution. She stated staff would return with pros and cons of each
approach.
E) Review of Upcoming Calendar
Assistant City Manager Venkatesh outlined topics for discussion at the May meeting, including
following up on outstanding items, recruitment efforts to expand diversity, and reviewing the scope of
work for the Youth Advisory Board.
Committee members discussed other topics of discussion.
Assistant City Manager Venkatesh and Committee Members discussed options for June and July
meeting dates.
F) Adjournment
5:56 PM
Next Scheduled Committee Meeting: 4:00 PM, May 3, 2023
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for
assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by
noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando
sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del
día anterior.
- Page 6 -
Section C, Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 3, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Davina Lau, Public Engagement Specialist
SUBJECT
Review and discuss committee accomplishments, key dates, the Respectful Governance Policy,
the Code of Conduct and complaint process, Council Liaison responsibilities, recruitment, and
the evaluation of boards.
EXECUTIVE SUMMARY
The purpose of this item is to review and discuss the progress of what the Ad Hoc Committee has
accomplished up until this point, to review what needs to be considered by full Council for approval, to
review key dates, to Review revisions to Respectful Governance Policy as well as the Code of Conduct
and complaint process, to review the updated Council Liaison responsibilities, and to discuss
improvements to recruitment and the evaluation of boards.
STAFF RECOMMENDATION
None
BACKGROUND / DISCUSSION
None
CITY FINANCIAL IMPACTS
None
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None
PUBLIC OUTREACH
None
ATTACHMENTS
1. Ad Hoc Presentation 5-3.pptx
2. Respectful Governance Policy.docx
- Page 7 -
Section D, Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
3. Code of Conduct Draft.docx
4. Complaint Process Draft.docx
5. Resolution 2016-039.docx
6. Ethical Rules of Conduct.docx
- Page 8 -
Section D, Item 2.
Page 1 of 16
DISCRIMINATORY HARASSMENT POLICY
Introduction
EXHIBIT A
Fort Collins aspires to be a city that addresses the needs of all members of our
community and strives to ensure that everyone has the opportunity to thrive. As
a community, we commit to building a healthy, equitable, and resilient city – for
our families, for our neighbors, and for future generations.
The Fort Collins City Council is committed to providing and maintaining an
environment that encourages mutual respect and promotes equality, dignity, and
respect. This Policy embodies the City Council’s commitment to prevent and
address discrimination; harassment, including sexual harassment; and retaliation.
Discrimination, harassment, and retaliation in the workplace are against the law
and will not be tolerated.
Through adoption, implementation, and enforcement of this Discriminatory
Harassment Policy (“Policy”) and through continuing education and training
provided by or through the City Clerk’s Office, , the Fort Collins City Council will
seek to prevent, address, and correct behavior that violates this Policy.
- Page 9 -
Section D, Item 2.
Page 2 of 16
Application
This policy applies to all members of the City of Fort Collins City Council and
Appointed Officials in the performance of City governance or operations, at
City-sponsored activities, and in all interactions between members of City
Council, Appointed Officials, and City employees and contractors (defined herein
as “Related Interactions”). Appointed Officials include the City Manager, the City
Attorney, the Chief Municipal Judge, any appointed employee including
municipal judges, and any City board or commission member. Nothing in this
Policy is intended or should be read to alter the terms and conditions of the at-
will status of Appointed Officials.
It is important for all to keep in mind that the Mayor and City Council are
committed to providing an environment that exemplifies high standards of
behavior, treats others with dignity and respect, and is known for its honesty,
inclusivity and transparency. Conduct that does not clearly fall into the realm of
conduct prohibited by this Policy but is inconsistent with these values may be a
violation of the Council-adopted Code of Conduct.Prohibited Conduct
I. Discrimination Strictly Prohibited
Policy
The City Council strictly prohibits discrimination based on protected
characteristics and will take prompt and appropriate action in response to good-
faith complaints or knowledge of an alleged violation of this Policy.
Definitions
• “Protected characteristics” means a person’s race, color, religion, creed,
national origin or ancestry, sex, sexual orientation (including perceived sexual
orientation), gender identity and expression, disability, age 40 years or older,
pregnancy or related condition, genetic information, and, in certain specific
circumstances, marriage to a coworker or any other status protected under
federal, state, or local law.
• “Discrimination” occurs when a person covered by this policy experiences an
- Page 10 -
Section D, Item 2.
Page 3 of 16
adverse official action based on one or more of that person’s protected
characteristic(s). Adverse official actions include, but are not limited to,
termination, suspension, involuntary demotion, failure to promote, and
opposition, rejection or failure to appoint to committee or leadership role.
Adverse official actions that are taken for any reason other than the protected
characteristic(s) of a person covered by this policy are not discrimination.
Examples of Discrimination
• A Councilmember harshly criticizes City staff and the municipal clerk
notes he disproportionally criticizes her and other women.
• A female candidate for city attorney, city manager or chief judge is selected for a
position over a more qualified male candidate because she is a woman.
• A community member is not considered for a Board and Commission
appointment because he is homosexual.
II. Harassment, Including Sexual Harassment, Strictly Prohibited
Policy
The City Council strictly prohibits harassment, including sexual harassment, and
will take prompt and appropriate action in response to good faith complaints or
knowledge of an alleged violation of this Policy. Please note that this Policy does
not address conduct that could constitute a violation of criminal law. Any person
who believes a violation of criminal law has occurred should report the conduct to
Fort Collins Police Services or other appropriate law enforcement agency.
Definitions
• “Harassment” means verbal or physical conduct that demeans, stereotypes, or
shows hostility or aversion toward an individual or group because of the
individual’s or group’s protected class. Harassment is conduct directed toward a
member of a protected class where it creates a hostile work environment. A
hostile work environment exists when:
. The conduct was based on a protected status;
- Page 11 -
Section D, Item 2.
Page 4 of 16
. The conduct was unwelcomed by the employee (which is a subjective
standard);
. The conduct was offensive to a reasonable person (which is an objective
standard); and
. The conduct was severe or pervasive.
• “Sexual harassment” is a form of harassment, and can involve males or females or
persons of any gender orientation being harassed by members of either sex or gender
orientation. Sexual harassment can fall into the following two categories:
1) “Quid Pro Quo” or “this for that” means direct or implied requests for sexual favors in
exchange for actual or promised job benefits, such as favorable reviews, salary
increases, promotions, increased benefits, or support of legislation or other
legislative processes. Quid pro quo harassment can also mean direct or implied
requests for sexual favors with the threat of an adverse action for non-compliance.
Quid pro quo occurs when:
. Submission to or rejection of such advances, requests, or conduct is made either
explicitly or implicitly a term or condition of employment or appointment ;
. It is used as a basis for employment or appointment decisions;
. Submission to or rejection of such conduct by a person is used as the basis for
decisions or actions related to the support or opposition of legislation or other
legislative processes; or
2) “Hostile Work Environment” means sexual advances, requests for sexual
favors and verbal or physical conduct of a sexual nature when such advances,
requests, or conduct have the purpose or effect of unreasonably interfering with
an individual’s work performance by creating an intimidating, hostile,
humiliating, or sexually offensive work environment. A hostile work environment
exists when:
. The conduct was based on a protected status;
. The conduct was unwelcomed by the employee, fellow
Councilmember, or candidate for appointment (which is a subjective
standard);
. The conduct was offensive to a reasonable person (which is an objective
- Page 12 -
Section D, Item 2.
Page 5 of 16
standard); and
. The conduct was severe or pervasive.
Examples of Harassment
No policy can provide an exhaustive list of behaviors that may rise to the level
of harassment. Harassment encompasses a broad range of conduct that may be
verbal, visual, or physical in nature. Specifically prohibited conduct includes, but is
not limited to:
• Verbal conduct such as epithets, derogatory comments, and slurs directed at
someone because of their protected class;
Insisting on giving hugs to all women encountered at a recurring meeting;
• Visual conduct such as derogatory posters, photographs, cartoons, drawings, or
gestures directed at someone because of their protected class;
• Mocking someone’s accent or disability;
• Acts or jokes that are hostile or demeaning toward a protected class;
• Racially offensive words or phrases;
• Written or graphic material that insults, stereotypes, or shows aversion or
hostility to an individual or group because of a protected class that is placed on
walls, bulletin boards, email, or elsewhere on the premises of the workplace;
• Displays of symbols, slogans, or items that are associated with hate or
intolerance towards any select group, such as swastikas or nooses;
• Pranks or hazing someone because of their protected class; and
• Physical aggression or gestures based on someone’s protected class.
In addition to the examples listed above, an aggregation of a series of incidents
can constitute harassment, even if one of the incidents considered separately
would not rise to the level of harassment. Harassing conduct does not have to rise
to the level of an unlawful hostile work environment to warrant corrective action
under this policy.
Examples of Sexual Harassment
- Page 13 -
Section D, Item 2.
Page 6 of 16
Examples of sexual harassment include, but are not limited to, the following
conduct:
• Inappropriate commentary, such as sexual epithets, jokes, written or
verbal references to sexual conduct, gossip regarding a person’s sex life,
comments regarding a person’s body or sexual activity deficiencies or
prowess;
• Sexually suggestive comments about a person’s clothing, vocal activity like
catcalls or whistles, leering or staring at a person or part of a person’s body,
obscene letters, emails, text messages, photographs, cartoons, or other written or
pictorial materials of a sexual nature, or sexting or posting sexual messages or
images on social media;
• Direct sexual propositions including persistent requests for dates, drinks, or
other personal contact after being informed that the interest is unwelcome,
inappropriate sexually themed communication in person, online or via mobile
devices;
• Sexual coercion under threat of punishment including demotion, firing, negative
reviews, opposition to legislative initiatives, blacklisting or otherwise interfering
with someone’s access to opportunities;
• Explicit or implicit requests for sexual activity in exchange for reward, position,
or career advancement, support of legislative initiatives, introductions, special
access invitations to exclusive events, support for candidacies, position stability,
or any other such condition or potential benefit;
• Sexual contact including unwanted physical touching, blocking or impeding
movements, groping, or kissing.
Inappropriate sexual conduct that could lead to a claim of sexual harassment is
expressly prohibited by this policy. This policy prohibits opposite-sex and same-
sex harassment.
Sexual harassment may be obvious or subtle. Some behavior that is appropriate in
a social setting may not be appropriate in the performance of City governance, City
operations, at City- sponsored activities, or in Related Interactions, particularly
considering the Council’s stated values noted above in the Introduction.
- Page 14 -
Section D, Item 2.
Page 7 of 16
III. Retaliation Strictly Prohibited
Policy
The City Council strictly prohibits retaliation. The City Council will take prompt
and appropriate action in response to good faith complaints of retaliation or
knowledge of a violation of this Policy.
Definitions
“Retaliation” means an act of punishment, reprisal, or revenge that is taken
against a person because he or she reported a form of harassment prohibited
under this Policy, prevented unlawful practices, or participated in an investigation
of an alleged act of harassment. For purposes of retaliation, an action is materially
adverse if it is harmful to the point that it would dissuade a reasonable employee
from making a complaint of discrimination.
Examples
Retaliation can take place on City locations or elsewhere. Harassing conduct does
not have to rise to the level of an unlawful hostile work environment to warrant
corrective action under this policy. Examples of retaliation after a person makes a
complaint or raised a concern may include, but are not limited to:
• Granting access to that person differently in a manner that negatively
affects the person’s business or ability to perform work (i.e., a
Councilmember refusing to meet with a complaining party after the party
filed a complaint);
• Removing that person from an assignment;
• Change in support for Council action proposed by, or supported by, that
person in their professional capacity;
• Disparaging that person to colleagues or peers;
- Page 15 -
Section D, Item 2.
Page 8 of 16
• Changing that person’s role, responsibilities, supervisory or legislative authority;
• Newfound scrutiny of that person’s work performance by a supervisor or
Councilmember;
• Denial of a promotion for that person, or demoting, suspending, or terminating
them, when such acts are not otherwise justified;
• Issuing that person warnings, reprimands, or poor performance evaluations that
are not otherwise justified;
• Excluding that person from beneficial networking or other opportunities, or from
team or coworker events;
• Encouraging shunning by other Councilmembers;
• Workplace or legislative sabotage;
• Assigning that person a disproportionate workload;
• Disparaging that person to others or in the media;
• Disparaging that person to potential new employers;
• Threatening that person with legal action;
• Threatening that person with immigration action; or
• Abusive verbal or physical behavior towards that person.
Formal Complaint and Resolution Process
The City Council encourages the reporting of all perceived incidents of
discrimination, harassment or retaliation, as described above, regardless of the
position of the alleged offender. The following processes will be used when a
reporting party reports a violation of this Policy. The formal resolution process
will be used when someone makes a good faith report of discrimination,
harassment, or retaliation in a manner that makes clear that the Reporting Party
intends to make a complaint of a policy violation.
Definitions
• “Reporting Party” means a person who has been subjected to or who has
witnessed another person be subjected to behavior that violates this Policy. A
- Page 16 -
Section D, Item 2.
Page 9 of 16
Reporting Party may be a member of the City Council, a City staff member, a
member of the public, a City contractor or vendor, an Appointed Official, a
contractor, or a person whose employment gives them access to or contact with
the Fort Collins City Council.
• “Complaint Contact” means:
• ,
• The Mayor;
• Any City Councilmember;
• A representative of Human Resources including the Human
Resources Executive, the Human Resources Director, or a Human
Resources Business Partner;
• The City Manager, Deputy City Manager, Assistant City Manager,
Service Area Director, Service Unit Director
• The City Attorney, Deputy City Attorney
• Lead Specialist, Office of Equity & Inclusion.
• The staff liaison or attorney liaison to a board or commission
While the reporting party should contact anyone on this list, the following guidance is
provided for “Complaint Contact:”
• For a complaint about the City Manager, City Attorney and Chief
Judge, contact the Mayor or the Human Resources Executive.
• For a complaint about a City Councilmember, contact the Human
Resources Executive.
• For a complaint about a Board and Commission member, contact
the City Manager, Deputy City Manager, Assistant City Manager,
Service Area Director, Service Unit Director, City Attorney, or
Deputy City Attorney.
• “Respondent” means a person who is alleged to have violated this Policy and
includes members of the City Council, Appointed Officials, and persons who are
under contract with the City of Fort Collins.
Confidentiality and Privacy Interests
- Page 17 -
Section D, Item 2.
Page 10 of 16
An essential duty of the City Council and Appointed Officials is to be accountable
to the public they serve. Members of the public deserve to have access to some
information about complaints and complaint trends, but this must be balanced
with the needs of the parties to have a safe, fair, and impartial process with
appropriate confidentiality. The complaint resolution process is a confidential
process. Complaint contacts must ensure that reporting parties can communicate
privately and confidentially with them in discussing their complaints. Complaints
and information about the investigation must be kept confidential by all parties,
witnesses, those who handle the complaints, and those who recommend
discipline or remediation, to the fullest extent possible. The confidential
investigation report or any records of complaints of sexual harassment, and any
sexual harassment investigations shall not be disclosed pursuant to an open
records request except in accordance with Colo.Rev.Stat. § 24-72-204.
Complaints Against a Member of the City Council
Reporting
The Fort Collins City Council encourages any person who is the subject of or
witness to a violation of this Policy by a City Councilmember to immediately bring
the violation to the attention of the Fort Collins City Council, via the complaint
contacts listed above, so it may take proper steps to investigate and address the
issue. The report should contain all facts available to the Reporting Party
regarding the alleged Policy violation.
Action by Complaint Contact
A Complaint Contact who receives a report from a Reporting Party must
document the date, time, whether the complaint was in person or by phone, and
nature of the conversation, as well as any steps taken. The Complaint Contact
must transmit complaints that fall under the Policy to the Lead Specialist, Equity
and Inclusion Office of the City and the City Attorney. A screening process will be
- Page 18 -
Section D, Item 2.
Page 11 of 16
used to ensure that the alleged misconduct falls within the scope and purpose of
this Policy, assuming the allegations are true. A Complaint Contact must take
actions described in this Policy promptly upon becoming aware of a complaint.
Screening Process
The Lead Specialist, Equity and Inclusion Office or their designee and the City
Attorney or their designee will contact the Reporting Party and obtain a complete
description of the conduct that allegedly violates this Policy. The Lead Specialist,
Equity and Inclusion Office or their designee, the City Manager or their designee
and the City Attorney or their designee will determine whether the alleged
misconduct, if true, violates this Policy. Unless the alleged violation clearly does
not fall within this Policy, the allegations will be referred for investigation. If the
alleged violation clearly does not fall within this Policy, a confidential written
summary of the basis for not referring the matter for investigation is placed in the
file. If the allegations are not referred for full investigation, the complaining party
will be notified both in person and in writing that the allegations were reviewed
as a screening matter and determined not to fall within the scope of this Policy. If
any of those involved in the screening the complaint believes the alleged
misconduct, if true, violates this Policy, the allegations will be referred for
investigation and the complaining party will be notified.
Investigation
Complaints against a Councilmember that, if true, violate this Policy must
promptly be referred to a third-party investigator retained by the City Attorney’s
Office. The City Attorney must inform the City Council that an investigation is
underway and retain an independent outside investigator (preferably a lawyer
that specializes in workplace investigations) to conduct interviews with the
Reporting Party and other individuals with knowledge of relevant facts, and to
perform such other actions as are necessary to ensure a complete investigation of
all allegations and a fair process for all involved. Once the investigation is deemed
complete by the investigator and the City Attorney, the investigator shall prepare
- Page 19 -
Section D, Item 2.
Page 12 of 16
a written report indicating whether the allegations in the complaint are sustained
or not sustained and shall provide such confidential investigation report to the
City Attorney.
Timeline for Investigation
Every effort will be made to complete an investigation in 60 days.
Disciplinary and Remedial Action
Upon completion of the investigation by a third party investigator, the City
Attorney will inform the Human Resources Executive, the City Manager, the
Reporting Party and the Respondent of the pertinent findings. The City Attorney,
the Human Resources Executive and the City Manager will send the confidential
investigative report to each member of the City Council with a cover letter that
contains recommendations to remedy the harassment, discrimination, or
retaliation. Alternatively, the City Attorney shall present the investigator’s
written report to the City Council in executive session. Upon receipt, the
Respondent must immediately endeavor to comply with recommendations.
The City Council may consider and direct any or all of the following actions in
response to a finding that a complaint of harassment, discrimination or retaliation
is sustained:
1. Adopt a resolution finding that an individual covered by this policy violated this
policy;
2. Direct or encourage additional corrective training;
3. Such other action as is consistent with its authority under applicable state
statutes, the City Charter, ordinances, resolutions, or rules and policies of the City
Council.
Any Councilmember at any time may initiate a motion for censure of a
Respondent Councilmember.
- Page 20 -
Section D, Item 2.
Page 13 of 16
Complaints Against an Appointed Official
Reporting
The City Council encourages any person who is the subject of or witness to a
violation of this Policy by an Appointed Official to bring the violation to the
attention of the City Council immediately, so it may take proper steps to
investigate and address the issue. The report should contain all facts available to
the Reporting Party regarding the alleged Policy violation.
The Reporting Party is encouraged to take the following actions:
• If the Reporting Party is comfortable addressing the issue directly with the
Respondent, the party may explain to the Respondent that the behavior is
offensive to the Reporting Party, and request that such behavior be discontinued.
• If the behavior recurs, the Reporting Party is strongly encouraged to
immediately report the behavior to a complaint contact listed above.
• If the Reporting Party is not comfortable addressing the issue directly with the
Respondent, the Reporting Party should immediately report the offensive
behavior to a Complaint Contact listed above.
Action by Complaint Contact
A Complaint Contact who receives a report from a Reporting Party must
document the date, time, whether the conversation was by phone or in person,
and nature of the conversation, as well as any steps taken. The Complaint Contact
must transmit complaints that fall under the Policy to the Human Resources
Executive, the City Attorney, unless the City Attorney is the Respondent and the
City Manager, unless the City Manager is the Respondent. If the Respondent is
the City Attorney, the Complaint Contact must transmit complaints that fall under
the Policy to the Human Resources Executive and the City Manager. A screening
process will be used to ensure that the alleged misconduct falls within the scope
and purpose of this Policy, assuming the allegations are true. A Complaint Contact
- Page 21 -
Section D, Item 2.
Page 14 of 16
must take actions described in this Policy promptly upon becoming aware of a
complaint.
Screening Process
The Human Resources Executive or their designee and the City Attorney or their
designee, if the City Attorney is not the Respondent, will contact the Reporting
Party and obtain a complete description of the conduct that allegedly violates this
Policy. The Human Resources Executive or their designee, the City Manager or
their designee, if the City Manager is not the Respondent, and the City Attorney
or their designee, if the City Attorney is not the Respondent, will determine
whether the alleged misconduct, if true, violates this Policy. Unless the alleged
violation clearly does not fall within this Policy, the allegations will be referred for
investigation. If the alleged violation clearly does not fall within this Policy, a
confidential written summary of the basis for not referring the matter for
investigation is placed in the file. If the allegations are not referred for full
investigation, the Reporting Party will be notified both in person and in writing
that the allegations were reviewed as a screening matter and determined not to
fall within the scope of this Policy. If any of those involved in the screening the
complaint believe the alleged misconduct, if true, violates this Policy, the
allegations will be referred for investigation. If the Respondent is the City
Attorney, the City Council will use outside legal counsel to engage in the screening
process as described herein. If the Respondent is the City Manager, the Human
Resources Executive and City Attorney will engage in the screening process.
Investigation
Complaints against an Appointed Official that warrant investigation must
promptly be referred to a third party investigator retained the City Attorney’s
Office, unless the Respondent is the City Attorney. Unless the Respondent is the
City Attorney, the City Attorney must inform the City Council that an investigation
is underway and retain an independent outside investigator (preferably a lawyer
that specializes in workplace investigations). If the Respondent is the City
Attorney, the Human Resources Executive will retain the services of outside
- Page 22 -
Section D, Item 2.
Page 15 of 16
counsel to retain an independent outside investigator (preferably a lawyer that
specializes in workplace investigations) and the City Manager must inform the
City Council that an investigation is underway. An outside investigator will
conduct interviews with the Reporting Party and other individuals with
knowledge of relevant facts, and to perform such other actions as are necessary
to ensure a complete investigation of all allegations and a fair process for all
involved. Once the investigation is deemed complete by the investigator and the
City Attorney or outside counsel, the investigator shall prepare a written report
indicating whether the allegations in the complaint are sustained or not
sustained, and shall provide such confidential investigation report to the City
Attorney, unless the Respondent is the City Attorney. If the Respondent is the
City Attorney, the confidential investigation report will be provided to the outside
counsel who will forward the report to the Human Resources Executive and the
City Manager.
The confidential investigation report and findings, along with a recommendation,
will be provided to the City Manager and the City Council.
Timeline for Investigation
Every effort will be made to complete an investigation in 60 days.
Disciplinary and Remedial Action
Any Respondent found to have engaged in harassment, discrimination, or
retaliation prohibited by this Policy is subject to appropriate disciplinary action.
The City Council shall consult with the Human Resources Executive and the City
Attorney, if the City Attorney is not the Respondent, regarding disciplinary actions
that are commensurate with the severity of the offense. If the City Attorney is the
Respondent, the City Council shall consult with the Human Resources Executive
and outside employment counsel about disciplinary actions that are
commensurate with the severity of the offense. Disciplinary action can include,
but is not limited to, demotion or termination. Other remedial measures may
- Page 23 -
Section D, Item 2.
Page 16 of 16
include:
• Verbal or written direction to cease the offensive behavior;
• A written or verbal apology to the Reporting Party if the Reporting Party
consents to the apology;
• Resources and support to Reporting Party; or
• Education and training for the Appointed Officials.
In any case, a written record of any action taken on the complaint, or any
determination to take no further action on the complaint, shall be prepared in
consultation with the City Attorney or such other legal counsel appointed by City
Council in connection with a given complaint and kept with the report of
investigation.
Training
All members of City Council shall participate in training regarding harassment,
discrimination and retaliation every two years and in conjunction with the
orientation provided to new City Council members. All Appointed Officials shall
participate in such training every two years.
Annual Reporting and Review
The Officer Assistant City Manager will publicly report, on an annual basis, the
total number of complaints under the Policy, and the resolution of each
complaint, appropriately redacted to protect the confidential personnel decisions
and party identities. The Assistant City Manager Chief will maintain a publicly
available list of Councilmembers and Appointed Officials who have attended
mandatory and voluntary trainings.
- Page 24 -
Section D, Item 2.
Code of Conduct
Boards and Commissions
City Clerk’s Office
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80521
970.416.2525
dlau@fcgov.com
Purpose:
Fort Collins aspires to be a city that addresses the needs of all members of our community and
strives to ensure that everyone has the opportunity to thrive. As a community, we commit to
building a healthy, equitable, and resilient city – for our families, for our neighbors, and for
future generations. The high quality of life we enjoy requires a city that is safe and where all
individuals are treated with dignity and respect. The Mayor and City Council are committed to
providing an environment that exemplifies the highest standards of behavior, treats others with
dignity and respect and is known for its honesty, inclusivity and transparency. Our elected
officials and those they appoint believe that how they treat others is a direct reflection of our
collective character.
Application:
This policy applies to members of the City Council and board and commission members
appointed by the City Council. The term “Appointees” refers to appointed board and
commission members. The term “Members” refers to both Appointees and City Council.
The City Council appoints individuals who:
Comply with both the letter and the spirit of the laws and policies affecting operations of
boards and commissions.
Be independent, impartial, and fair in their judgment and actions.
Participate in assigned duties and functions for the public good.
Conduct public deliberations and processes openly, unless legally confidential, in an
atmosphere of respect and civility toward each other, City staff, and members of the
public.
Learn and understand the legal and ethical requirements that apply to public officials and
processes.
Therefore, Members commit to the following:
- Page 25 -
Section D, Item 2.
1. To uphold the standards of integrity and honesty, including using true and accurate
evidence and/or statements in the decision-making process, and making decisions based
on the best interest of the city and its residents.
2. To conduct business of their board or commission that is within the scope of the specific
board or commission functions as described in the Fort Collins Municipal Code.
3. To perform Council liaison assignments and duties as described in the Fort Collins
Municipal Code.
4. To familiarize themselves with, adhere to, and comply with established policies and laws,
as applicable:
The City of Fort Collins Boards and Commissions Manual
Colorado’s Sunshine Laws regarding open meetings and public records – as
outlined in the Council Resource Guide
The City of Fort Collins Charter and Municipal Code; specifically, the ethical
rules of conduct and the open meetings, remote meetings, notice and minutes
of meetings, board or commission action and attendance requirements (see
Fort Collins Municipal Code Sections 2-71 through 2-79)
The City Council-adopted Respectful Governance Policy, which prohibits
harassment, discrimination and retaliation based on a person’s protected
characteristics.
5. For quasi-judicial matters, all ex parte communications (communications with anyone on
either side of a pending issue including communication with City staff) shall be avoided.
6. To be aware of the open records requirement that applies to written notes, calendars,
voicemail messages, and e-mail. All written or recorded materials including notes,
voicemail, text messages, and e-mail that discuss or touch on public business or the
functions of the board or communication will likely be subject to disclosure to a
requesting party.
7. Appointees are encouraged to meet with their Staff or City Council liaison to discuss any
concerns regarding work outside the scope of designated functions, conflicts of interest,
appearance of impropriety, ex parte communications, or gifts. Appointees will make
disclosures to the City Clerk’s Office as appropriate under the circumstances.
8. To make decisions based on the merits of the issue, while treating all persons and
decisions in a respectful and equitable manner, and committing to conducting business in
a way that exemplifies transparency and open communication.
- Page 26 -
Section D, Item 2.
9. To respect and support the legitimacy and authority of all decisions – regardless of
personal position on the matter.
10. To the best of their ability, Appointees shall represent the official policies and positions
of their board or commission. When presenting their personal opinions or positions in a
public meeting, such as a City Council meeting, Appointees shall explicitly state that are
not representing their board or commission or the City.
11. To continue respectful behavior among Members and City staff when communicating in
private. The same level of respect and consideration of differing points of view should be
maintained in private conversations.
12. To use public resources (e.g., staff time, equipment, supplies, or facilities) appropriately
and in a manner that fosters stewardship of the taxpayer and ratepayer dollar..
13. Because contemplation, deliberation, and decision-making require collaboration and
participation, Appointees are expected to attend their meetings. Appointees must comply
with attendance requirements described in Fort Collins Municipal Code Section 2-79.
Appointees commit to attend any required trainings and even suggested trainings that
enhance a member’s ability to serve.
14. To respect fellow Members, staff, and the public by treating all with patience, courtesy,
and civility at all times during the performance of official duties, regardless of consensus
by all parties.
15. To not make personal, impertinent, profane, vulgar, slanderous, humiliating, intimidating,
or harassing remarks that disturb, disrupt, or impede the conduct of the meeting or the
board or commission’s completion of its business. Similarly, abusive language,
intimidation, threats of violence or harm, or racial or ethnic slurs directed at any person
or group of persons are prohibited. Members are expected to know that problematic
behavior can cause the targets of the behavior to feel threatened, humiliated, or
intimidated and such conduct is detrimental to the proper functioning of a public body.
Members are prohibited from publicly ridiculing or insulting fellow Members, members
of the public, and City staff.
16. To recognize that healthy discourse occurs when individuals of all backgrounds and
personalities are allowed to respectfully speak candidly about matters of interest, ask
difficult questions, challenge ideas and propositions, and work together toward optimal
solutions in a respectful manner.
17. To explain to a person who engages in disrespectful treatment that the behavior is
offensive and ask that they discontinue the behavior, if the person who is the target of the
behavior feels comfortable doing so. If this does not change the behavior or if the target
is not comfortable addressing the offensive behavior directly with the person behaving in
conflict with this Code, the target of the behavior must report the behavior as described
below.
- Page 27 -
Section D, Item 2.
18. To report behavior that is disruptive, humiliating, intimidating, or threatening or
otherwise in violation of this Code of Conduct in the performance of City business, at
City-sponsored events, and in all interactions between Members, City staff, or the public
to the Staff Liaison and the Boards and Commissions Coordinator. Complaints of such
behavior will be processed following procedures in the Fort Collins Municipal Code.
19. Appointees may not be reappointed and are subject to censure or dismissal by the
appointing authority for misconduct, nonperformance of duty, or failure to comply with
this Code of Conduct, applicable policies, and the Fort Collins City Charter and
Municipal Code.
I have read and understand the City of Fort Collins Boards and Commissions Code of Conduct
and agree to abide by and uphold this code to the best of my ability at all times while serving as
an appointed or elected official of the city.
I understand that I may not be reappointed, and may be suspended, censured or removed from
my appointment if my conduct falls below these standards.
Signature: Date:
Printed Name:
- Page 28 -
Section D, Item 2.
-1-
RESOLUTION 2016-039
OF THE COUNCIL OF THE CITY OF FORT COLLINS
UPDATING THE RESPONSIBILITIES OF COUNCIL LIAISONS
TO CITY BOARDS AND COMMISSIONS AND SUPERSEDING
RESOLUTION 2000-076
WHEREAS, on March 15, 2016, the City Council adopted Resolution 2016-026 adopting
the Boards and Commissions Manual (the “Manual”); and
WHEREAS, in 2000, the Council adopted Resolution 2000-076 defining the role of
Council Liaisons to City Boards and Commissions; and
WHEREAS, the Council desires to adopt a new updated Resolution to outline the
responsibilities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Resolution 2000-076 and all prior Resolutions describing the role of
Council Liaisons are hereby superseded.
Section 3. That the role of Council Liaison to boards and commissions shall include
the following responsibilities:
1. To communicate with the board or commission when Council
communication is needed and to serve as the primary two-way
communications channel between Council and the board or commission.
2. To take the lead in filling vacancies byreviewing applications, and
interviewing candidates for the board or commission.
3. To serve as the primary Council contact for the board or commission.
4. To help resolve questions the board or commission may have about the role
of Council, municipal government, and the board or commission.
5. To establish contact with the chairperson of the board or commission and
effectively communicate the role of the liaison.
- Page 29 -
Section D, Item 2.
-2-
6. To provide procedural direction and relay Council’s position to the board
or commission, and to communicate to the board or commission that the
liaison’s role is not to direct the board in its activities or work.
7. To serve as Council contact rather than an advocate for or ex-officio
member of the board or commission.
8. To review the annual work plan of the board or commission and make
recommendations to the City Council regarding the work plan.
9. To identify and help resolve any problems with the support of the City
Clerk’s Office, City Manager’s Office and the staff liaison that may exist
with respect to the functioning of the board or commission.
10.
11.
10. To make a determination regarding requests from the board or commission
to hold a joint meeting with another board or commission,
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of May, 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- Page 30 -
Section D, Item 2.
WORKING DRAFT FOR DISCUSSION ONLY
1
Sec. 2-XX - Formal Complaint and Resolution Process.
(a) Definitions
1. Appointee shall mean any person who is serving on a Council-appointed board or
commission.
2. Colorado Open Records Act shall mean [insert cite here], as the same may be
amended from time to time.
3. Covered Person shall mean any Appointee or a member of the City Council.
4.
(b) The City Council encourages any person who is a witness to a violation of the Code of
Conduct to immediately bring the violation to the attention of the City, in accordance
with the following procedures.
(c) Confidentiality and Privacy Interests.
(1) Covered Persons must be accountable to the City Council, the City organization
and the public they serve. The public deserves to have access to some information
about complaints and complaint trends, but this must be balanced with the needs
of the parties to have a safe, fair, and impartial process with appropriate
confidentiality. The complaint resolution process is a confidential process. Those
involved in the complaint process must ensure that reporting parties can
communicate privately and confidentially with them in discussing their
complaints. Complaints and information about the investigation must be kept
confidential by all parties, witnesses, those who handle the complaints, and those
who recommend discipline or remediation, to the fullest extent possible.
Information received through the complaint process shall not be disclosed
pursuant to an open records request except in accordance with the Colorado Open
Records Act.
(d) Complaints.
(1) Any person who believes that a Covered Person has violated any provision of
the Code of Conduct may file a complaint with the City Clerk. Complaints may
be filed by any City board or commission member, a member of the public, a
member of City Council, a City staff member, a City contractor or vendor, or a
person whose employment gives them access to or contact with a Covered
Person .
(2) The complaint must contain all facts available to the reporting party regarding the
alleged violation.
- Page 31 -
Section D, Item 2.
WORKING DRAFT FOR DISCUSSION ONLY
2
(3) No action may be taken under this section on any complaint that is filed later than
twelve months after discovery of the facts supporting an allegation that a violation
of the Code of Conduct has occurred.
(3) Upon receipt of the complaint, the City Clerk shall confidentially and
immediately notify the City Manager’s Office, the Covered Person named as the
subject of the complaint, the City Council liaison, and the City Attorney. Each
complaint shall name only one individual as its subject.
(4) The [City Attorney or City Manager] or their designee shall review the complaint
to determine whether the alleged misconduct falls within the scope and purpose of
the Code of Conduct and whether the complaint warrants investigation in light of
commonly known and documented facts and circumstances. If investigation is
warranted, the City Attorney shall develop facts relevant to the complaint and
interpret and apply the provisions of the Code of Conduct. The City Attorney
may select and retain one or more qualified attorneys to review complaints as his
or her designee.
(5) After investigation, the City Attorney shall issue written findings of fact and
conclusions of law to the City Council, which shall be filed with the City Clerk
and available for public inspection.
(d) Sanctions and Remedies for Violation.
(1) If the party conducting an investigation pursuant to this section finds that a
Covered Person has violated any provision of the Code of Conduct, the City
Council may take any of the following actions:
a. In the case of a Council member, a motion of censure, a motion to
remove the particular council member from the role of liaison;
b. In the case of an appointee, removal from the applicable board or
commission;
d. In the case of a covered person:
i. Issue verbal or written direction to cease the violative conduct;
ii. Direct or encourage corrective training.; or
iii.
Require the violator to issue a written or verbal apology to the reporting party if
the latter consents to such an apologyd. While a violation of the Code
of Conduct shall not constitute a violation of the City Code, as such, this
provision is not intended to impair or
- Page 32 -
Section D, Item 2.
WORKING DRAFT FOR DISCUSSION ONLY
3
supersede such other action as may be appropriate under applicable state
statutes, the City Charter, ordinances, resolutions, or rules and policies of
the City or City Council.
- Page 33 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 1 of 11
Sec. 2-568. Ethical rules of conduct.
(a) 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:
(1) Attempt to influence or influence, as it pertains to this Section, shall mean take any action intended to
impact, shape, control, sway, bias or prejudice.
(2) Benefit shall mean an advantage or gain.
(3) Board and commission member shall mean a member of any appointive board or commission of the
City.
(4) Confidential information or information received in confidence shall mean:
a. 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;
b. 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
c. 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.
(5) Councilmember shall mean a member of the City Council.
(6) 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.
(7) Direct shall mean resulting immediately and proximately from the circumstances and not from an
intervening cause.
(8) Detriment shall mean disadvantage, injury, damage or loss.
(9) 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:
a. 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;
b. 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;
c. 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;
d. 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;
- Page 34 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 2 of 11
e. 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;
f. 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;
g. 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
h. 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.
(10) 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:
a. Established under the provisions of the Colorado Revised Statutes;
b. Governed by state statutory rules of ethical conduct; and
c. Expressly exempted from the provisions of Article IV of the City Charter by ordinance of the City
Council.
(11) 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:
a. 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;
b. 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
c. the interest that an officer or employee has in the compensation, benefits, or terms and
conditions of his or her employment with the city.
(12) 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.
(13) Public services shall mean city services provided to or made available for the public's benefit.
(14) Purchases from the city, as described in Section 9(b)(2) of Charter Article IV, shall not include payments
by an employee to the city pursuant to an agreement for housing in which such employee is required
to live as a condition of employment with the city.
- Page 35 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 3 of 11
(15) Related entity shall mean any corporation, limited liability company, partnership, sole proprietorship,
joint venture, trust, estate, foundation, association, b usiness, 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.
(16) 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.
(17) 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.
(18) Similarly situated citizens shall mean citizens in like circumstances having comparable legal rights and
obligations.
(19) Substantial shall mean more than nominal in value, degree, amount or extent.
(b) 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 Cour t 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.
(c) Rules of conduct.
(1) 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.
a. 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.
b. 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.
c. 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, 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.
d. 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
- Page 36 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 4 of 11
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.
e. 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.
f. 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 Ci ty
Council, or of a Council committee or board or commission of the City, pertaining to said subject
matter.
g. 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.
(2) With respect to any matter regarding which a Councilmember has declared a conflict of interest, sai d
Councilmember is prohibited from discussing with, or otherwise attempting in any capacity to
influence, directly or indirectly, any City officer or employee, and from representing any person or
interest before the City Council or any board of commission of the City or in dealing with any City
officer or employee, except that such Councilmember may represent with any City employee or before
the City Council or a board or commission of the City his or her own interest or that of a relative
provided said Councilmember does not violate Section 2-568(c)(5) or (c)(6).
(3) In any action in which a member of a City board or commission ("member") declares a conflict of
interest or is prohibited from participation pursuant to subsection (7) below, or for any other reason,
such member shall not communicate to or attempt to influence such board or commission regarding
such item, in any capacity, except that:
a. the member may communicate with said board or commission to protect a strictly personal
interest, in the same or similar ways in which the public is permitted to communicate with the
board or commission.
b. the member may prepare materials on behalf of another for a project in the normal course of
business or operation, so long as the purpose of those materials is not directly and substantially
- Page 37 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 5 of 11
related to advocacy before said member's board or commission. Those materials may be
included in materials submitted by another to said member's board or commission so long as
they fall within this exception. For illustrative purposes, such materials may include, but are not
necessarily limited to architectural plans, technical studies, and engineering designs.
c. if a member is precluded from participating in or influencing the decision of their board or
commission, they may request a variance from the limitations of this subsection from the City
Council in the following circumstances, and in the following manner:
1. The member must submit a request for a variance to the City Clerk on a form provided by
the City Clerk for such purpose.
2. The member must demonstrate that without the variance, they would suffer an
exceptional hardship, and that no reasonable altern ative exists that would allow for that
hardship to be avoided or substantially mitigated;
3. The City Council must act by resolution to approve or disapprove the requested variance.
d. This limitation does not apply to persons other than the member who a re affiliated with that
member's firm or entity, and such other persons, but not the member, may continue to work on
the project and may advocate to such member's board or commission, provided that the
member complies with the applicable requirements and limitations.
(4) 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 independence of
judgment in the performance of his or her official duties. The following shall not constitute prohibited
gifts or favors under this Section:
a. Campaign contributions reported as required by Chapter 7, Article V of this Code;
b. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public
service;
c. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence
for attendance at a conventio n or other meeting at which an officer or employee is scheduled to
participate;
d. 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;
e. 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, educationa l or
cultural events; and
f. Payment of salary from employment, including other employment in addition to that earned
from being an officer or employee.
(5) No officer or employee shall request on his or her own behalf, or for or through a relative or re lated
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.
(6) If any Councilmember contacts an officer or employee re garding 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
- Page 38 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 6 of 11
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.
(7) Additional limitations on participation.
a. No member of a Quasi-Judicial Commission, as defined in Article III of this Chapter 2, who has
participated or intends to participate as a member of the public, or on behalf of another person
or entity, to provide input or public comment as part of a City process about a particular proposal
or project for which a City review, permit or approval is required (such as, for exam ple, speaking
at a neighborhood meeting for a development project or appearing at an administrative hearing
for a project), is allowed to participate in that process in their role as a board or commission
member.
1. In the event such input or public comment has been provided, or is expected to be
provided, the commission member must promptly provide written notice to the City Clerk
that they are required to refrain from participation in their role as a commission member in
the City process or decision.
2. The commission member must also provide the required notice to the chair of the
commission of which they are a member.
b. The prohibitions and requirements of this subsection (7) apply whether or not a conflict of
interest is presented or has been declared and are in addition to, and not in place of, the
requirements applicable to any officer or employee in the event of a conflict of interest.
c. No member of a Quasi-Judicial Commission, as defined in Article III of this Chapter 2, may provide
input or public comment on behalf of that commission as part of a City process about a particular
proposal or project for which a City review, permit or approval is required, except as expressly
authorized and directed by such commission.
(8) With respect to any Councilmember serving as a liaison to a board or commission, such Councilmember
must not direct the board in its activities or work. A liaison’s role is to serve as a contact rather than an
advocate for or ex-officio member of the board or commission.
Sec. 2-569. Board of ethics.
(a) 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."
(b) 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 unavailable or in the
event that any particular complaint or inquiry is directed towards a member of the Review Board.
(c) Subject to the provisions of Subsection (d) below, the duties and responsibilities of the Review Board shall be
as follows:
- Page 39 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 7 of 11
(1) To review and investigate complaints of unethical conduct filed against Counc ilmembers or board and
commission members by any person;
(2) To review and investigate actual or hypothetical situations involving potential conflicts of interest
presented by individual Councilmembers or board and commission members;
(3) 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
(4) 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.
(d) Inquiries and complaints shall be submitted to the Review Board only according to the following procedures:
(1) 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.
a. In performing its review and investigation of any inquiry submitted in accordance with this
Subsection (d)(1), the Review Board shall afford all affected 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 advisory opinion and recommendation.
b. It is not necessary for the Review Board to conduct a full public hearing and take public comment
on an inquiry, although the Review Board may do so if it determines public input will assist the
Board in its consideration of the inquiry.
c. 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.
d. After consideration of an inquiry, 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 advisory opin ion 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 as a final ethics opinion of the Council.
e. 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.
(2) Complaints.
a. Any person who believes that a Councilmember or board or 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 or commission member named in the complaint, the City Council
and the City Attorney. Each complaint shall name only one officer as its subject.
b. The City Attorney shall periodically seek proposals and select and retain, after consultation with
the Review Board, one or more qualified attorneys to review complaints filed against
Councilmembers under this subsection (2) and determine whether the complaint warrants
investigation in light of the applicable screening criteria and commonly known and documented
facts and circumstances. Such review attorneys shall also function as investigators to develop the
facts relevant to a complaint under investigation and interpret and apply the applicable state and
local ethics provisions and based on that investigation and evaluation, make a recommendation
- Page 40 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 8 of 11
to the Review Board (or alternate Review Board, if applicable) of such findings and
determinations as may be appropriate in response to the complaint.
c. For a complaint against a board or commission member:
i. The City Clerk shall schedule the complaint for consideration by the Review Bo ard as soon
as reasonably practicable. The Review Board will meet and consider the complaint within
thirty (30) working days after the date of filing of the complaint. In the event extenuating
circumstances arise in the scheduling and preparation for such meeting the Review Board
shall meet to consider the complaint as soon as reasonably practicable.
ii. The City Clerk shall provide written notice of the scheduled meeting for initial review of the
complaint to the board or commission member named in the complaint, as well as the
complainant, the chair of the board or commission of which the subject of the complaint is
a member, and the City Council, at least three (3) working days prior to the meeting. A
notice of the complaint, including the identity of th e complainant shall be posted along
with the meeting notice.
iii. 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 screening criter ia set out
in this subsection (d)(2)f below. 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, a nd shall provide a copy of
such notice, together with a copy of the complaint, to the board or commission member
named in the complaint, as well as the chair of the board or commission of which the
subject of the complaint is a member, and the City Council.
iv. If a complaint proceeds to investigation after the initial review, in performing its review
and investigation of any complaint or inquiry submitted in accordance with Subsection
(d)(2)c hereof, the Review Board shall afford all affected 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.
v. Prior to reaching a decision on the merits of a complaint, the Review Board shall provide
the complainant an opportunity to present facts and argument in support of the complaint,
however, it is not necessary for the Review Board to conduct a full public hearing and take
public input on a complaint.
vi. 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, 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.
vii. After investigation, the Review Board shall forthwith issue an 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 as a final ethics opinion of the Council.
d. For a complaint against a Councilmember:
i. The City Clerk shall provide written notice of the complaint, including a copy of the
complaint and brief explanation of the review process, to the Councilmember named in the
- Page 41 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 9 of 11
complaint, as well as the complainant, within five (5) working days of receipt of the
complaint.
ii. The City Attorney shall forward the complaint to a review attorney retained as described
above in subsection (d)(2)b for review of the complaint. No more than thirty (30) working
days after the date of filing of the complaint, subject to extenuating circumstances making
delay reasonably necessary, the review attorney shall evaluate the complaint to determine
whether it is sufficient and warrants investigation pursuant to the screening criteria set out
in subsection (d)(2)f below. The review attorney shall promptly provide to the City Clerk
and City Attorney for distribution to the Review Board a written determination of whether
the complaint warrants further investigation, including a brief explanation of the decision.
iii. The City Clerk shall send written notice to the complainant of the review attorney's
determination and the reasoning behind that determination, and shall provide a copy of
such notice, together with a copy of the complaint, to the Councilmember named in the
complaint, as well as the City Council and City Attorney.
iv. If the review attorney has determined that the complaint does not warrant investigation,
no further action will be taken on the complaint. If the review attorney has determined
that the complaint warrants investigation, the City Attorney will arrange for investigation
by the review attorney who completed the initial review or another retained review
attorney, depending on availability and other related circumstances and considerations.
v. If a complaint proceeds to investigation after the initial review, in their review and
investigation of any complaint, the investigating attorney shall interview the complainant
and all affected or interested Councilmembers to learn their interpretations of the facts at
issue and of the applicable provisions of law, may interview such other persons as the
investigating attorney reasonably believes may have relevant or useful information
pertinent to the investigation, and may request such additional materials or information
from City staff or members of the public that the investigating attorney considers
reasonably necessary or helpful to the investigation or determination. In addition, the
investigating attorney shall have the power as vested in the Review Board to compel by
subpoena the attendance and testimony of witnesses and the production of such
documents as the investigating attorney may consider necessary to the inve stigation.
vi. Upon completion of the investigation the reviewing attorney shall interpret and apply the
applicable state and local ethics provisions and, based on that investigation and evaluation,
make a recommendation to the Review Board (or alternate Review Board, if applicable) of
such findings and determinations as may be appropriate in response to the complaint.
vii. The City Clerk shall schedule the investigating attorney's determination and
recommendations on a complaint for consideration by the Review Board within thirty (30)
working days after receipt, or, as soon as reasonably practicable. The Review Board shall
meet to consider the determination and recommendations and render a formal Review
Board opinion based upon the determination and in light of the recommendations, but
shall not be bound to follow the recommendation made.
viii. The City Clerk shall provide written notice of the scheduled meeting for consideration of
the investigating attorney's determination and recommendations on a compl aint to the
complainant, the Councilmember named in the complaint, and the City Council and City
Attorney, at least three (3) working days prior to the meeting. The complaint and
investigation attorney's determination and recommendations shall be provided with such
notice and shall be available with the agenda for the meeting.
- Page 42 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 10 of 11
ix. Prior to reaching a final decision on the merits of a complaint, the Review Board shall
provide the complainant an opportunity to present facts and argument in support of the
complaint, and the subject of the complaint an opportunity to present facts and argument
related to the complaint. However, it is not necessary for the Review Board to conduct a
full public hearing and take public input on a complaint.
x. After investigation, the Review Board shall forthwith issue an 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 as a final ethics opinion of the Council.
xi. Any Councilmember whose conduct or circumstance is the subject of the opinion shall
refrain from participating in any deliberations of the City Council regarding the opinion.
e. Alternate Review Procedures.
i. In the event multiple complaints are filed with the City Clerk under the provisions of this
Subsection that allege a related violation on the part of two (2) or more members of the
Review Board (including the alternate) and are subject to investigation and a decision by
the Review Board, such complaints shall not be considered by the regular Review Board but
instead upon a determination that the complaints warrant investigation, shall be submitted
to an alternate Review Board consisting of all remaining Councilmembers who are not
named in the complaints.
ii. In the event related complaints are filed naming five (5) or more Councilmembers and
upon review it is determined that an investigation of complaints naming five (5) or more
Councilmembers is warranted, the alternate Review Board shall also include as many
members of City boards or commissions as are necessary to constitute a seven -member
board. Said Board or commission members shall be selected at random by the City Clerk
within ten (10) working days of the date upon which the determination that further
investigation is warranted is received by the City Clerk. Any board or commission memb er
selected by the City Clerk who elects 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 the applicable subsections 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.
f. Screening criteria. The determination as to whether a complaint merits investigation and further
action shall be made on the basis of one or more of the following considerations:
i. The City Council has no jurisdiction over the individual(s) alleged to have violated the
relevant ethics provision;
- Page 43 -
Section D, Item 2.
Created: 2023-04-19 08:18:05 [EST]
(Supp. No. 146, Update 2)
Page 11 of 11
ii. The alleged violation, even if true, would not constitute a violation of the relevant ethics
provisions;
iii. The allegations of the complaint were previously asserted in another complaint that is
already being considered or was resolved by the Review Board and/or City Council;
iv. The alleged violation, even if true, is minor in nature and fails to justify the u se of public
resources to investigate or prosecute;
v. The allegations of the complaint involve actions or events that occurred more than one (1)
year prior to the date of the filing of the complaint and, due to the passage of time and the
likely unavailability of evidence, witnesses, and witnesses' recollections, investigation and
prosecution of the complaint will not justify the use of public resources, except that
complaints based on conduct resulting in a criminal conviction (regardless of the type of
plea entered) or entry into a plea agreement subject to a deferred prosecution, deferred
judgment, or deferred sentencing agreement may be referred to an appropriate
enforcement agency;
vi. The complaint is, on its face, frivolous, groundless, or brought for purposes of harassment;
vii. The alleged violation is unlikely to be proven by the required standard of preponderance of
the evidence due to the evidence consisting of conflicting oral testimony and unverifiable
statements;
viii. The person who is the subject of the complaint has admitted wrongdoing and made or
committed to make sufficient redress or remedy satisfactory to Review Board or City
Council;
ix. The matter has become or will become moot because the person who is the subject of the
complaint is no longer a city official or will no longer be a city official prior to the conclusion
of any consideration or investigation of the allegations in the complaint;
x. The person who is the subject of the complaint previously obtained an advisory opinio n
under this code of ethics that identified the conduct as not being in violation of the code of
ethics; or
xi. The City Council has elected to refer the complaint to another agency with jurisdiction of
the allegations of the complaint and such referral will better serve the public interest (e.g.,
law enforcement, district attorney, state or federal attorney general; or department of
justice).
(e) 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.
(g) 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 appropria te 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 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.
- Page 44 -
Section D, Item 2.
Ad Hoc Committee for Boards and Commissions
May 3, 2023- Page 45 -
Section D, Item 2.
2May Agenda
•Review progress of ad hoc committee
•What does full Council need to consider for approval?
•Review updated Council liaison responsibilities
•Review revisions to Respectful Governance Policy
•Review draft code of conduct and complaint process
•Evaluation of boards
•Key Dates
- Page 46 -
Section D, Item 2.
** indicates an item that needs consideration of Council during a regular meeting, likely in August.
3 or more individual councilmembers may direct City Manager to initiate and move forward with
preparing resolutions and ordinances
Direction received from Committee and will be done administratively by staff
Discussed during January meeting
Discussed during February and/or March meeting
To be discussed during April meeting
3Progress of Ad Hoc Committee
Legend
- Page 47 -
Section D, Item 2.
4Progress of Ad Hoc Committee cont’d
•Improvements to board and commission orientation
•Provide training for board chair (how to conduct a meeting, de-escalation training, etc)
•Application improvements
•Verify workload for each board to include as part of application and interview process
•Add question –“have you applied for this board before”
•Add question –“how many hours are you willing to contribute to the board”
•Ensure that current board members resign if they want to apply for a different board
(already part of code)
•Policy for no show to interview applicants
•Continuous improvement to Council summary sheets
•Subscription so that interested residents are notified when vacancy becomes available
•Conduct exit interviews for board members if there are issues
•**Remove one-year terms except for youth advisory board (January)
•Need to improve communication between Council and staff liaisons (February/March)
•Shorten interview process (February/March meeting)- Page 48 -
Section D, Item 2.
5Progress cont’d
•Recruitment timing changes as a result of election timing change (February/March)
•**Resolution needed to extend current terms
•**Consideration of 7 members for all boards unless there are enough quality applications for 9
(February/March)
•**Review process to add and delete boards (March)
•**Review code related to joint meetings to provide more flexibility for boards to meet with each other
(March)
•Review super issues meetings purpose –March meeting
•**Review draft Code of Conduct (April/May meeting)
•Incumbents process –establish criteria (April meeting)
•**Update the Council liaison role responsibilities, and need to determine if it is described in City Code or
keep in resolution –April/May meeting
•Surveyed members indicate don’t have enough guidance from Council liaison, lack of feedback from
Council –(will be incorporated into Council onboarding and B&C orientation)
•**Review format and scope of work for youth advisory board (June)
•Recruitment efforts to increase diversity on boards (June)
•Housing Catalyst recruitment (June)
- Page 49 -
Section D, Item 2.
6For formal Council action
•Remove 1 year term from all boards and commissions from Code except for Youth Advisory
Board
•Need to update the composition of Type 1 and Type 2 boards due to the removal of 1 year
terms
•Potential of other composition updates to Type 1 and Type 2 boards
•Add RWP, Code of Conduct to Manual as appendix
•RWP + Code of conduct adopted separately via resolution
•Add Code of Conduct complaint process to City Code
•Update Council liaison role responsibilities, (need to determine if it should be described in City
Code or keep as resolution)
•Update Joint Meeting language in code
•Resolution to extend current terms due to recruitment timing change
•Update Youth Advisory Board section of the code (TBD)
•Consolidate Golf Board with Parks and Recreation Board (TBD)
•Consolidate Women’s Advisory Board with Human Relations Commissions (TBD)
- Page 50 -
Section D, Item 2.
7Council liaison resolution
•Removed “informal” from Section 3 (3)
•Removed “formal and informal” from Section 3 (5)
•Clarified Section 3 (10) that liaison’s responsibility is to make the determination of a joint
meeting request from the board or commission
•Does the Committee want to add any or all parts of the resolution to the code?
One Option is to add the highlighted to the ethics provision in the code:
Sec. 2-568.Ethical rules of conduct.
(8)With respect to any Councilmember serving as a liaison to a board or commission, such
Councilmember must not direct the board in its activities or work. A liaison’s role is to serve as a
contact rather than an advocate for or ex-officio member of the board or commission.
- Page 51 -
Section D, Item 2.
8Pros and cons of incorporating Council liaison language in the Code
PROS CONS
Code language easier for public, City officials
and staff to find
More process required to change (ordinance)
New language about Council liaison’s ability
to authorize joint meetings of boards and
commissions more accessible
Formalizes expectations that Council may prefer
to be more informal
Formalizes expectations that Council may
prefer to be more formal
Subjective expectations may be harder to
manage using a strict set of standards
Code has more prominent presence than a
resolution
It would take longer to get the new language
adopted into the Code (3 weeks)
Generally, permanent actions should be
incorporated into the Code
- Page 52 -
Section D, Item 2.
9Revisions to RWP
•Potential name change for the Policy
•"Retaliation can take place in the workplace or outside of the workplace."
•“Complaint Contact” definition
•Changes to the reporting process:
•For a complaint about the City Manager, City Attorney and Chief Judge, contact the
Mayor or the Human Resources Executive.
•For a complaint about a City Councilmember, contact the Human Resources
Executive.
•For a complaint about a Board and Commission member, contact the City Manager,
Deputy City Manager, Assistant City Manager, Service Area Director, Service Unit
Director, City Attorney, Deputy City Attorney.
•"If the allegations are not referred for full investigation, the complaining party will be notified
both in person and in writing that the allegations were reviewed as a screening matter and
determined not to fall within the scope of this Policy."
- Page 53 -
Section D, Item 2.
10Revisions to draft Code of Conduct and complaint process
•Applies to all Councilmembers, not just Council Liaisons
•Addition about members making it known to Council that they are serving on a board or
commission when speaking/making public comment.
•When a complaint is received, the Council liaison is notified –not all of Council
Direction needed: Does the Committee want to combine the RWP and Code of Conduct
into one document?
- Page 54 -
Section D, Item 2.
11Ethics Review Board, RWP, Code of Conduct
If I’m a Board member and I am having an issue with another Board member or Council liaison,
what do I?
•Contact the staff liaison to the board and/or Public Engagement Specialist in the Clerk’s Office
•Can this be resolved via informal channels?
•Would the affected party like to proceed via formal channels? If yes, then does the complaint
allege:
•A violation of the ethical provisions in the City Charter, City Code, or State
provisions?
•Falls under Ethics Review Board
•A violation of rules regarding discrimination, harassment, and retaliation against
protected classes?
•Falls under Respectful Workplace Policy
•A violation of standards of behavior?
•Falls under Code of Conduct
- Page 55 -
Section D, Item 2.
Scenarios
- Page 56 -
Section D, Item 2.
13Board evaluation
Main function of boards and commissions is to:
•Advise staff in development of policy (indirect advising Council)
•Direct advising to Council via memos, comments, etc.
What are we trying to achieve with a board evaluation process?
Goal 1: Regular/predictable review to ensure high performance of boards and commissions
In order to determine if this is being met, staff will conduct an annual, high-level review to include
the following:
•Highlights from annual work plan
•Pulse survey/status check data
•Feedback from boards and commission members
•Feedback from staff liaisons
•Data on cancelled meetings due to lack of quorum or business items
- Page 57 -
Section D, Item 2.
14Board evaluation cont’d
What are we trying to achieve with a board evaluation process (cont’d):
Goal 2: An established process for evaluating the sunset of a board and/or repurposing the board
on an as needed basis
Goal 3: An established process for adding a new board on an as needed basis
The request for board sunset/repurpose or new board can come from a variety of sources:
•Board chair or Board member(s)
•Staff liaison
•Community member
•Public Engagement Specialist
•City Manager
•Councilmember(s)
Staff will run the request through a series of questions, collect data, and provide options and/or
recommendations for Council’s consideration
- Page 58 -
Section D, Item 2.
15Sunset or Repurpose
•The original goals have been achieved or run its course
•One way to determine this if there is a consistent lack of business items
•The Board does not regularly provide recommendations to Council
•Pulse survey data indicates caution
•Data shows a lack of quorum
•Is this due to structural issues with the board?
•Data shows there is a lack of applications to fill vacancies
•Overlap in scope/redundancy with another board or commission
- Page 59 -
Section D, Item 2.
16Creation of a new board
•The purpose of the board aligns with a community priority
•New policy work is needed and there is a gap in existing boards
•There is a community or Council desire to give extended input
•Input desired or needed is for defined period of time. Other options could include:
•Task Force
•Ad hoc committee
•Board subcommittee
- Page 60 -
Section D, Item 2.
17Key Dates
•June 15 at 4:15pm –Ad Hoc Committee Meeting
•Youth Advisory Board
•Recruitment efforts
•Does this Committee want to evaluate the Women’s Advisory Board and Golf Board?
•July 19 -Final Ad Hoc Committee meeting
•August 8 –Council work session to review Committee recommendations
•September 5 –Regular Council meeting
•1st reading of ordinance(s) to adopt code changes
•Resolution to update Board and Commissions Manual
•Resolution to extend current terms and one-year term changes
•Potential resolution adoption of Council liaison role if the direction is not to put in code
•September 19 –2nd Reading of ordinance - Page 61 -
Section D, Item 2.
THANK YOU!
- Page 62 -
Section D, Item 2.
19Recruitment efforts
•Advertising on City website (Press Release and Spotlight), Social Media (Facebook and
Instagram), and Newspaper.
•Outreach efforts to the Poudre School District and Colorado State University.
•Outreach efforts to cultural organizations such as the Cultural Enrichment Center of Fort
Collins and Heart and Sol.
•Collaboration with CPIO to create new posters.
•Collaboration with IT to improve website and boards and commission pages.
•Informational Sessions to inform the public on what being a board or commission member
entails.
- Page 63 -
Section D, Item 2.