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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2000 - FIRST READING OF ORDINANCE NO. 175, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 22 DATE: November 21, 2000 FORT COLLINS CITY COUNCIL FROM:' Wanda Krajicek SUBJECT : First Reading of Ordinance No. 175,2000,Amending Chapter 2 of the City Code to Add a Division Pertaining to Reporting the Receipt of Gifts, Honoraria, and Other Benefits. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: This Ordinance adds a Division to Chapter 2 of the City Code which requires Councilmembers to report the receipt of any gifts,honoraria,or other benefits in connection with the Councilmember's public service. This reporting is already required by Section 24-6-203 of the Colorado Revised Statutes. A copy of Section 24-6-203, C.R.S. is attached. tACKGROUND: Title 24,Article 6,of the Colorado Revised Statutes,commonly referred to as the Colorado Sunshine Act of 1972, contains a provision in Section 24-6-203 which requires incumbents in or candidates elected to public office to report any gifts, honoraria or other benefits received in connection with their public services. In addition,Section 1-45-109(3)of the Fair Campaign Practices Act(FCPA) contains a reference to Section 24-6-203, C.R.S. On November 7, 2000, Council adopted on First Reading Ordinance No. 162, 2000, which establishes local election campaign provisions in lieu of the FCPA. In drafting Ordinance No. 162. 2000, staff determined that,although it is important to make reference to Section 24-6-203,election campaign provisions were not the appropriate place to do so, since the requirement to report gifts, honoraria and other benefits applies to elected officials, rather than to candidates for public office. Therefore,staff is recommending that the reference to Section 24-6-203 be included in the City Code under the financial disclosure provisions contained in Chapter 2. ORDINANCE NO. 175, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD A DIVISION PERTAINING TO REPORTING THE RECEIPT OF GIFTS, HONORARIA AND OTHER BENEFITS WHEREAS,Title 24,Article 6,of the Colorado Revised Statutes,commonly referred to as the Colorado Sunshine Act of 1972, contains a provision in Section 24-6-203 which requires incumbents in or candidates elected to public office to report any gifts, honoraria or other benefits received in connection with their public services; and WHEREAS,this same date,the City Council has adopted on second reading Ordinance No. 162,2000, which establishes local election campaign provisions in lieu of Title 1,Article 45 of the Colorado Revised Statutes (the "FCPA"); and WHEREAS,Section 1-45-109(3)of the FCPA references the requirements of Section 24-6- 203, C.R.S.; and WHEREAS, staff recommends that a similar reference to Section 24-6-203 be included in Chapter 2, Article VI of the City Code which pertains to financial disclosure. • NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Division 3 of Chapter 2 of the Code of the City of Fort Collins be renamed and a new Section 2-656 be added to Chapter 2,Division 3 of the Code of the City of Fort Collins to read as follows: DIVISION 3. RESER TetWl HN �, Introduced and considered favorably on first reading and ordered published this 21 st day of November, A.D. 2000, and to be presented for final passage on the 19th day of December, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of December, A.D. 2000. Mayor ATTEST: City Clerk 24-6-203. Reporting by incumbents and elected candidates - gifts,honoraria, and other benefits - penalty. (1) (a) As used in this section, the terms "appropriate officer" and "candidate" shall have the meanings ascribed to them in section 1-45-103, C.R.S., of the "Fair Campaign Practices Act". (b) (I) As used in this section, the term "public office" means any office voted for in this state at any election. (II) "Public office" does not include: (A) The office of president or vice president of the United States; (B) The office of senator or representative in the congress of the United States; (C) Any office in a political party chosen pursuant to sections 1-3-103, 1-4-403, and 1-4-701, C.R.S.; . (D) Any political party office in an assembly or convention, including delegates thereto; or (E) Any elective office within a special district for which the annual compensation is less than twelve hundred dollars. (III) "Public office" includes the office of governor, lieutenant governor, secretary of state, attorney general, state treasurer, state board of education, regents of the university of Colorado, the Colorado court of appeals, or the supreme court of Colorado. (2) Every incumbent in or candidate elected to public office who receives from any other person any item described in subsection (3) of this section in connection with the incumbent's or elected candidate's public service shall file with the appropriate officer, on or before January 15 • of each year, a report for the preceding calendar year. Such report shall be on forms prescribed by the secretary of state and shall contain, at a minimum, the name of the person from whom the item was received and the amount or value and the date of receipt. The secretary of state shall fumish such forms to municipal clerks, to county clerk and recorders, and to incumbents and elected candidates for state offices and district offices of districts greater than a county free of charge for use by incumbents and elected candidates required to file such forms. If any incumbent in or candidate elected to public office does not receive any such item, he shall not be required to file such report. (3) The report required by subsection (2) of this section shall include the following: (a) Any money, including but not limited to a loan, pledge, or advance of money or a guarantee of a loan of money, with a value of twenty-five dollars or more; (b) Any gift of any item of real or personal property, other than money, with a value of fifty dollars or more; (c) Any loan of any item of real or personal property, other than money, if the value of the loan is fifty dollars or more. For such purpose, the "value of the loan" means the cost saved or avoided by the incumbent or elected candidate by not borrowing, leasing, or purchasing comparable property from a source available to the general public. (d) Any payment for a speech, appearance, or publication; (e) Tickets to sporting, recreational, educational, or cultural events with a value of fifty dollars or more for any single event, or a series of tickets to sporting events of a specific team scheduled during a season with a total value of one hundred dollars or more, or a series of tickets • to cultural events of a specific performing company or organization with a total value of one hundred dollars or more; (f) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention or other meeting at which the incumbent or elected candidate is scheduled to participate, unless the payment of or reimbursement for such expenditures is made from public funds, from the funds of an organization declared to be a joint governmental agency by section 2-3-311, C.R.S., or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held; (g) Any gift of a meal to a fund-raising event of a political party. (4) The report required by subsection (2) of this section need not include the following: (a) A contribution or contribution in kind that has already been reported pursuant to section 1-45-108, C.R.S.; (b) Any item of perishable or nonpermanent value, including but not limited to meals, unless such item is required to be reported under paragraph (e)or(g) of subsection (3)of this section; (c) A nonpecuniary award publicly presented by an organization in recognition of public service; (d) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention or other meeting at which the incumbent or elected candidate is scheduled to participate, if the payment of or reimbursement for such expenditures is made from public funds, from the funds of an organization declared to be a joint governmental agency by section 2-3-311, C.R.S., or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held; (e) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office. (5) Any person who provides an incumbent or elected candidate with any item required to be reported by the incumbent or elected candidate pursuant to this section shall, at the time the item is provided, furnish the recipient with a written statement of the dollar value of the item. (6) Nothing contained in this section shall relieve any person from the disclosure requirements of part 3 of article 6 of this title, relating to the regulation of lobbyists. (7) Any person who willfully files a false or incomplete report pursuant to this section, who willfully fails to file the report required by this section, or who willfully fails to provide the statement of value required by subsection (5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars. Source: L. 94: Entire section added, p. 1824, § 3, effective January 1, 1995. L. 98: (3)(g) added and(4)(b) amended,p. 952, § § 5, 6,effective April 27; (1)amended,p. 823, § 34,effective August 5.