HomeMy WebLinkAboutMinutes 2019-4-26
Ethics Review Board Meeting Minutes
April 26, 2019
1:00 p.m.
Members in Attendance: Board members Ken Summers, Julie Pignataro and Kristin Stephens.
Staff in Attendance: Carrie Daggett, City Attorney, Jeanne Sanford, Paralegal, Delynn Coldiron,
City Clerk
Public in Attendance: Kevin Jones, Chamber of Commerce, Jeff Vanhook, Rob Pirde, Kati
Alvord, Spence Alvord, Scott Goff, Yu Matsui, Adam Ruehler, Angela Dowdy, Susan Timmons,
Marge Norskog, Lori Brunswig, three (3) Fort Collins Residents, two (2) Fort Collins Property
Owners and two (2) Concerned Residents.
A meeting of the City Council Ethics Review Board (“Board”) was held on Friday, April 26,
2019, at 1:00 p.m. in the Council Chambers. The original meeting location of the City Attorney’s
Large Conference Room was moved to the Council Chambers due to the large number of
members of the public attending the meeting, and a sign indicating this relocation was posted at
the City Attorney’s Office.
The meeting began at 1:12 p.m. The Board reviewed the Agenda which contained the following
items:
1. Review and Approval of the August 28, 2018 Minutes of the Ethics Review Board.
2. Select a New Chair for the Board
3. Consider if a complaint filed by a citizen alleging that Mayor Wade Troxell violated
ethical rules of conduct by reaching out to Officer Chris Renn as part of the election
process warrants formal investigation.
4. Other Business.
5. Adjournment.
Mayor Pro Tem Stephens announced this was an Ethics Review Board Meeting on April 26,
2019 at 1:12 p.m. and after roll call, declared that a quorum of the Board was present.
Mayor Pro Tem Stephens noted the Committee needed to select a new Chair. Councilmember
Ken Summers made a motion to nominate Kristin Stephens to serve as Chair since she has
served on this Committee for a number of years, Councilmember Julie Pignataro seconded the
motion and the Board unanimously approved Mayor Pro Tem Stephens as Chair of the Board.
Chair Stephens made a motion to approve the August 28, 2018 Minutes and Councilmember
Summers seconded the motion; the Board unanimously adopted the August 28, 2018 Minutes.
City Attorney Daggett then provided an overview of the third item on the agenda. Ms. Daggett
noted that a fairly detailed summary in the Agenda Item Summary (“AIS”) was sent out in the
public packet. Ms. Daggett projected the AIS up on the screen for all to view.
Ms. Daggett explained that a complaint was received on April 18, 2019, which was treated as a
complaint under the Ethics Review Board provision allowing anyone to make a complaint under
state or local ethic provisions. The complaint filed related to contacts between Mayor Wade
Troxell and Chris Renn, as President of the FOP Lodge #3 in connection with campaign
activities. Fort Collins Code provisions cited in the complaint as the basis for the complaint
were 1) Section 2-568(c)(5), prohibiting councilmember special treatment from employees; and
2) Section 2-568(c)(6), requiring any councilmember who contacts a City employee as a private
matter, to report that contact before 5 pm the next business day to the City Clerk, the City
Manager and the rest of the City Council.
City Attorney Daggett further stated that in this meeting, the Board’s task in the first step of this
process is to consider the allegations and determine whether or not to investigate the complaint.
This screening process is used to evaluate whether the complaint states a violation of applicable
Code provisions, as well as to evaluate any other reasons why the Board would not choose to
move this complaint forward to an investigation. Ms. Daggett explained if this process then
moves to an investigation, the Board is free to hold a hearing, hear witness statements and
respond to questions. Ms. Daggett further clarified that this meeting is only for the purpose of
determining whether the Board thinks the complaint is sufficiently tied to Code and that it should
move forward. City Attorney Daggett stated she would walk the Board through the steps
outlined in the AIS to reach that determination.
Councilmember Julie Pignataro noted she was on the Board due to Ray Martinez going off
Council and that there may be another Board appointment following the upcoming Council
Committee appointment process.
Mayor Pro Tem Stephens asked if there were any members of the public who wished to
comment on this item. Some members of the audience indicated they would like to speak.
Lori Brunswig was the first to speak. Ms. Brunswig read her statement and alleged that the
Mayor participated in conduct unbecoming as a mayor that was a violation of City Code Section
2-568(c)(5), when the Mayor sought special treatment to get the endorsement from the FOP.
The next speaker was Marge Norskog. Ms. Norskog spoke that this issue was important for the
Board as it involved a recent election as well as the police, who are working hard to restore trust
with the citizens. Ms. Norskog felt there was some concern that since this Committee is made up
of Councilmembers investigating another Councilmember, there may be an inherent conflict of
interest.
The next speaker was Jeffrey Van Hook, past president of FOP Lodge #4. Mr. Van Hook
requested that the Board move forward with full investigation.
Rob Pirde, Colorado State Fraternal Order of Police, was the next public speaker. Mr. Pirde
noted that there were a number of police officers in the room who did not want to speak out of
fear. Mr. Pirde further stated that this matter has had a chilling effect on the FOP Lodge and also
noted that limits on campaign activities have been challenged in other states as unconstitutional.
Mayor Pro Tem Stephens brought the discussion back to the Board and asked if there were any
further comments before proceeding. There were none.
Councilmember Ken Summers stated he had a question regarding clarity of the complaint.
Councilmember Summers observed that at the time of this incident, Mayor Troxell was a
candidate for Mayor and visiting with someone as part of an organization that represents the
police on a campaign related issue He noted that the Board’s judgment is the question of those
roles and how they relate to this complaint.
City Attorney Daggett explained there is some room for interpretation regarding the role in
which the Mayor may have been contacting Chris Renn. The Board would need to evaluate
whether Chris Renn was acting in his role as an employee or in another role and if Mayor Troxell
was acting in his role as the Mayor or as a candidate. Ms. Daggett pointed to the analytical tool
provided in the AIS as helpful to the Board in deciding the questions at hand.
The Board discussed and considered Code Section 2-568(c)(5) - Requests for Special Treatment.
The Board stated the question, was Mayor Troxell acting as the Mayor (employee) or as a
candidate (private citizen)?
City Attorney Daggett explained and gave examples of situations when a person’s role might be
as an employee or a private citizen.
Councilmember Julie Pignataro asked for additional explanation of the question was this
conversation about the conduct of City business, and City Attorney Daggett provided some
explanation, which the Board then discussed.
The Board discussed the events the complaint is about as being about campaign business, not
City business. It was the Board’s consensus that the individuals were discussing the matter in
their capacities as member of a union and a candidate, which lead the Board to conclude the
answer to question #4, regarding Section 2-568(c)(5) in the AIS, was no.
Councilmember Pignataro then asked if Ms. Brunswig was perhaps wrong and cited the wrong
Code section, would that negate this whole situation?
City Attorney Daggett responded that the question the Board is being asked to consider today is
the complaint that was filed.
Ms. Daggett stated it may be helpful to point out to the Board that if the answer to #4 is no, then
there is no need to answer #3 definitively since all the elements were not met by the complaint.
Board members noted that there may be issues left unresolved by the Board’s action. City
Attorney Daggett stated the Ethics Review Board can consider other questions, but not during
the pending meeting as it is not part of the notice given to the parties and does not resolve the
business at hand of screening Ms. Brunswig’s complaint.
Mayor Pro Tem Stephens suggested that the Board focus on resolving the business at hand.
Councilmember Pignataro made a motion finding the allegations of the complaint do not state a
violation of Code Section 2-568(c)(5). Councilmember Summers seconded that motion. The
Board adopted the motion unanimously (3-0).
Next item up for discussion was Code Section 2-568(c)(6), disclosure of staff contacts. The
Board reviewed the elements.
City Attorney Daggett explained the content of this Code section, and noted that the analysis of
this issue likely boils down to the question of whether Mayor Troxell made a personal or
professional contact with staff related to the staff person’s job?
Mayor Pro Tem Stephens suggested that the answer would be a no, since Chris Renn was acting
as a member of the union, not as a police officer. It is not in the job description or performance
of job duties for an officer to be a member of the FOP, therefor the answer is no.
Councilmember Summers made a motion that the Board find that the elements of Code Section
2-568(c)(6) were not met by the allegations of the complaint.
Mayor Pro Tem Stephens seconded the Motion. The Board adopted the motion unanimously (3-
0).
Mayor Pro Tem Stephens asked if there was any other business before the Board?
Councilmember Summers commented on one of the public comments that the Ethics Review
Board is made up of all Councilmembers investigating other Councilmembers and that may
reflect a conflict of interest. Councilmember Summers stated that this is not an unusual
situation, as he has sat on ethics boards at the state level that included members of chambers of
the State House. He noted it is not a good assumption that individuals cannot be impartial when
considering these kinds of questions.
Mayor Pro Tem Stephens stated this is a very tough situation and the Board is required to act
within the law. She noted that the Ethics Review Board could not find that all the elements of
the alleged offenses were arguably present and that the matter was concluded.
The Meeting adjourned at 2:31 p.m.
____________________________________
Carrie M. Daggett, City Attorney