HomeMy WebLinkAboutRESOLUTION - 11/18/2014- WADE TROXELLRESOLUTION 2014-107
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING ADVISORY OPINION AND RECOMMENDATION NO.2014-01
OF THE ETHICS REVIEW BOARD
WHEREAS, the City Council has established an Ethics Review Board (the "Board")
consisting of designated members of the City Council; and
WHEREAS, the Board is empowered under Section 2-569 of the City Code to render
advisory opinions and recommendations regarding actual or hypothetical situations of
Councilmembers or board and commission members of the City; and
WHEREAS, the Ethics Review Board met on November 18, 2014, to consider whether
Councilmember Troxell's position as a tenured faculty member in the mechanical engineering
department at Colorado State University ("CSU") limits his participation as a City Council
member representing District 4 in any discussion and any vote related to a CSU stadium; and
WHEREAS, the Board has issued an advisory opinion with regard to this matter
concluding that Councilmember Troxell does not have a conflict of interest with respect to the
CSU stadium issue; and
WHEREAS, Section 2-569(e) of the City Code provides that all advisory opinions and
recommendations of the Board be placed on the agenda for the next special or regular City
Council meeting, at which time the City Council shall determine whether to adopt such opinions
and recommendations; and
WHEREAS, the City has reviewed the opinion of the Board and wishes to adopt the
same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Opinion No. 2014-01 of the Ethics Review Board, a copy of which is
attached hereto and incorporated herein by this reference as Exhibit "A," has been submitted to
and reviewed by the City Council, and the Council hereby adopts the opinion contained therein.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins
this 25th day of November A.D. 2014.
.�•� O F �O
�ye.e..•.ee .C�O�'
ATTEST:
.n
•
Y •
.r
.o
City Clerk j • •'•
- 1 -
2014-1
OPINION OF THE ETHICS REVIEW BOARD
OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS
November 18, 2014
The City Council Ethics Review Board ("the Board") met on November 18, 2014, to render an
advisory opinion on a question submitted to the Board by Councilmember Wade Troxell. The
question presented is whether Councilmember Troxell ("Troxell") would have a conflict of
interest in continuing to participate in Council discussions and, ultimately, Council's vote,
regarding the proposed new Colorado State University ("CSU" or the "University") football
stadium. The question arises because Troxell is employed by CSU as a tenured faculty member
in the University's Department of Mechanical Engineering.
Factual Summary.
University officials have been considering development of a possible new football stadium, and
the Board of Governors of the CSU System is expected to consider four options for moving
forward at its meeting in early December. In light of potential impacts to the City and its citizens
of a new stadium, City Council has directed staff to analyze the expected impacts and to present a
resolution expressing the Council's position related to the stadium for Council consideration at the
December 2, 2014, Council meeting.
Councilmember Troxell is a tenured member of the academic faculty at CSU, and as a result he
enjoys a high degree of protection from adverse employment decisions. He is currently the
Associate Dean for Research and Economic Development in CSU's College of Engineering and
has served in that capacity for ten years. His responsibilities in that position relate to the research,
graduate education, distance education and economic development initiatives of the College of
Engineering, which is an academic unit of the University, and not to the administration of the
greater University or University facilities or auxiliary enterprises of the University, such as athletic
programs. Councilmember Troxell has indicated that as a tenured faculty member he will not be
subject to dismissal and his employment with the University will not be advantaged or
disadvantaged in any way, as a result of his actions on Council related to the proposed football
stadium.
The question presented for the Board, is whether, under these facts, Troxell's employment with
CSU creates a conflict of interest under the City Charter that would prevent Troxell from
participating in Council's discussion and vote related to the proposed CSU football stadium. The
Board is of the opinion that Troxell does not have a conflict of interest in this matter under the
relevant provisions of the City Charter, as explained below.
Application of City Charter Provisions.
The determination of this question is governed by the City's local conflict of interest provisions, as
contained in Art. IV, Sec. 9 of the City Charter (the "Charter"). These provisions require that any
Councilmember who has a financial or personal interest in a decision of the Council disclose such
Ethics Opinion 2014-1
November 18, 2014
Page 2
interest and refrain from voting on, attempting to influence, or otherwise participating in such
decision in any manner as a Councilmember. Under the Charter, the following definitions apply:
a. "Financial Interest"
A "financial interest" is defined under the Charter as "any interest equated with money or its
equivalent." The Charter expressly excludes from the definition of "financial interest" the interest
that a Councilmember has as an employee of a business where the Council decision may
financially benefit or otherwise affect the business but entails no "foreseeable, measurable
financial benefit" to the Councilmember.
In reviewing the facts of this situation, it is likely that the Council's deliberations and actions with
regard to the CSU football stadium will "affect" the University, since, at a minimum, the
University will have difficulty moving forward with any stadium project without some degree of
cooperation and coordination with the City. There is no indication, however, that Troxell, as an
individual, will receive any "foreseeable, measurable financial benefit" as a result of the Council
decision(s), as no evidence has been presented to the effect that Troxell's salary or other
compensation will be changed or discontinued as a result of the Council's decision related to the
CSU football stadium. Therefore, the Board believes that Troxell does not have a financial
interest in the Council's actions related to the CSU football stadium.
b. "Personal Interest"
The next inquiry is whether Troxell has a "personal interest" under the Charter. The Charter
defines a personal interest in relevant part as an interest by reason of which a Councilmember
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."
This benefit or detriment need not be financial in nature, but it must be "direct and substantial." As
recently established by the City Council in Ordinance No. 145, 2014, "direct" means "resulting
immediately and proximately from the circumstances and not from an intervening cause," and
"substantial" means "more than nominal in value, degree, amount or extent."
Clearly, Troxell is differently situated with regard to this matter than are the members of the
general public because of his employment with the University. The question is whether, because
of his status as an employee, he might realize any "direct and substantial benefit or detriment" by
reason of Council's decision related to the CSU football stadium. Again, there is no indication
that Troxell's position of employment or the amount of his compensation would be affected by his
vote or Council's decision or actions with regard to the proposed football stadium. In fact,
Troxell's status as a tenured member of the academic faculty indicates to the contrary, that is, that
there could be no job related ramifications based upon the manner in which Troxell votes with
regard to these upcoming Council decisions. Moreover, the Charter standard requires that the
potential benefit or detriment to Troxell be "direct and substantial" and not merely indirect or
Ethics Opinion 2014-1
November 18, 2014
Page 3
speculative. The Board believes that any possibility of Council's decision affecting Troxell's
employment is entirely speculative.
In summary, the Board believes that Councilmember Troxell does not have a conflict of interest in
participating in the City Council's deliberations and vote with regard to the proposed CSU football
stadium. The Board recognizes that the perception of a conflict of interest may exist whenever a
councilmember is employed by, or closely associated with, an organization that is strongly
interested in proposed legislation. However, the City Charter rules of ethical conduct have been
established to distinguish situations where councilmembers and their employers may be affected
and concerned about proposed legislation from those situations in which councilmembers
themselves may somehow experience some personal gain or loss as result of the Council decision.
Under the Charter standards, a conflict of interest would exist in this situation only if the potential
personal gain or loss to Troxell was either "foreseeable and measurable" (in the case of a financial
interest) or "direct and substantial" (in the case of a personal interest). After analyzing the
situation presented by Councilmember Troxell, the Board does not believe that that kind of clear
and direct benefit or detriment exists in this case. To recommend that Troxell declare a conflict of
interest in this situation would, in the Board's view, establish a very difficult precedent that would
require councilmembers to regularly refrain from representing the views of their constituents with
regard to proposed legislation even when the potential benefits or repercussions to
councilmembers are merely hypothetical or speculative.
This advisory opinion was reviewed and approved by Mayor Karen Weitkunat, and
Councilmembers Gino Campana regular members of the Ethics Review Board, and
Councilmember Ross Cunniff, the alternate member of the Board. Councilmember Cunniff
participated in the deliberations and decision of the Board because Councilmember and Ethics
Review Board member Lisa Poppaw was not available to participate. Pursuant to Section
2-569(e) of the City Code, this opinion and recommendation is to be immediately filed with the
City Clerk and made available for public inspection. Additionally, this opinion shall be
considered by the City Council at its adjourned meeting on November 25, 2014.
Dated this 18th day of November, 2014.0 � - A
1
Carrie M. Daggett, Interim City",