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MINUTES
EThICS REVIEW BOARD MEETING
March 10,1993,at 12:00 Noon
City Attorney’s Office
The meeting of the Alternate Ethics Review Board (“the Board”)was
held on March 10,1993,at noon in the conference room adjacent to
the City Attorney’s office,pursuant to the provisions of Section
2-569(d)(1)of the City Code.The purpose of the meeting was to
review a complaint filed by Barbara Allison against Mayor Susan
Kirkpatrick,Mayor Pro Tem Ann Azari and Councilmembers Loren Maxey
and Chris Kneeland.In attendance at the meeting were the
following Board members:Councilmembers Gerry Horak,Dave Edwards
and Bob Winokur;Marilyn Barnes (Parks and Recreation Board);Karen
Dornseif (Library Board);Mark Fidrych (Electric Board);and David
Lemesany (Transportation Board).Also in attendance were Barbara
Allison,Mayor Susan Kirkpatrick,Councilmember Chris Kneeland and
City Attorney Steve Roy.
Steve Roy opened the meeting by explaining the procedure for the
meeting and the issues to be addressed.Gerry Horak served as
chairperson for the meeting.Steve Roy pointed out that the issue
presented for the Board’s consideration is whether the
Councilmembers who are stakeholders in Challenge Fort Collins had
a conflict of interest in participating in the decision of the City
to support the activities of that group.He explained that the
Board is not authorized to render an opinion regarding the
complaint as it applies to City employees,nor is it to render an
opinion as to the other allegations in the complaint (pertaining to
the Campaign Reform Act and other provisions of the City Charter).
Barbara Allison’s complaint was read verbatim,and Ms.Allison
presented her position regarding the complaint.Susan Kirkpatrick
explained that she had absented herself from an agenda item in
earlier 1992 which involved a request from the Community Vision
Coalition (the predecessor of Challenge Fort Collins)for the City
to fund a contract with the National Civic League in support of the
planning activities of the Community Vision Coalition.In so
doing,however,Mayor Kirkpatrick did not declare a conflict of
interest,but she did refrain from participating in the Council
consideration of the proposed agreement with the National Civic
League.Mayor Kirkpatrick later sought an advisory opinion from
the Ethics Review Board about her situation and,on February 5,
1992,the Ethics Review Board issued an opinion that she did not
have a conflict of interest.
Because of this opinion,Mayor Kirkpatrick participated in July of
1992 in Council’s consideration of a resolution which would
authorize City support of community planning efforts such as
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Minutes of Alternate Ethics Review Board Meeting
March 10,1993
Page 2
Challenge Fort Collins.Mayor Pro Tern Azari and Councilmember
Maxey also participated that decision.
Chris Kneeland explained that she was not a member of the City
Council at the time the foregoing resolution was adopted.However,
she has been named by Barbara Allison in the complaint by reason of
the fact that she is still a stakeholder in Challenge Fort Collins
and is now a member of the Council.
After considerable discussion of the facts leading up to the filing
of the complaint had been discussed,the Board members requested
that the City Attorney prepare a memorandum for their next meeting
which would again summarize the issues to be addressed by the Board
and would answer the following questions:
1.When did City staff begin to render in-kind
services to Challenge Fort Collins and who
authorized those services?
2.When did Councilmember Maxey and Mayor Pro Tern
Azari become stakeholders in Challenge Fort
Collins?
3.To what extent has the City provided in-kind
support services to groups other than Challenge
Fort Collins?
Councilmember Horak inquired whether any Board members objected to
having the City Attorney’s memo available to the general public.
There was no objection.
It was agreed that the Board would meet again at noon on March 29,
1993,to continue its deliberations.The meeting was adjourned at
approximately 1:40 p.m.
These rninutes were reviewed and approved by the Alternate Ethics
Review Board Members Horak,Edwards,Winokur,Fidrych,Dornseif
Barnes,and Lemesany.
Reviewed and approved by the Alternate Ethics Review Board Members
Horak,Edwards,Winokur,Fidrych,Dornseif,Barnes,and Lemesany on
March 29,1993.
;tephe~’JJoy,City ttorney