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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2012 - RESOLUTION 2012-122 ACCEPTING ADVISORY OPINION ANDDATE: December 18, 2012 STAFF: Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 28 SUBJECT Resolution 2012-122 Accepting Advisory Opinion and Recommendation No. 2012-3 of the Ethics Review Board. EXECUTIVE SUMMARY Under City Code Section 2-569, City Councilmembers may present to the Council Ethics Review Board inquiries regarding the application of state or local ethical rules to actual or hypothetical situations involving potential conflicts of interest. On December 7, 2012, the Ethics Review Board met for the purpose of responding to an inquiry submitted to the Board by Mayor Weitkunat and Councilmember Manvel. The question submitted is whether, in the Board’s opinion, either of them has a conflict of interest in participating in upcoming decisions of the City Council regarding the possible redevelopment of the Link-n-Greens property by Woodward, Inc. The Mayor and Councilmember Manvel presented the question because of the proximity of their respective businesses to the redevelopment site. As required by the Code, the Board has forwarded its opinion and recommendation to the full Council for its consideration. The Board opinion indicates that neither Mayor Weitkunat or Councilmember Manvel has a conflict of interest in this situation. Adoption of the Resolution would indicate that the majority of the Council agrees with the Board’s opinion and recommendation. RESOLUTION 2012-122 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING ADVISORY OPINION AND RECOMMENDATION NO. 2012-3 OF THE ETHICS REVIEW BOARD WHEREAS, the City Council Ethics Review 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, an alternate Ethics Review Board (the “Board”) was appointed by the City Council by adoption of Resolution 2012-112 to consider inquires submitted by Mayor Karen Weitkunat and Councilmember Ben Manvel as to whether they have a conflict of interest in participating in decisions of the City Council pertaining to the possible redevelopment of the Link-n- Greens property by Woodward, Inc.; and WHEREAS, the Board met on December 7, 2012 to consider these inquiries and has issued an advisory opinion that neither the Mayor nor Councilmember Manvel has a conflict of interest; 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 recommendation; and WHEREAS, the City Council has reviewed the opinion and recommendation 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. 2012-3 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 and recommendations contained therein. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of December A.D. 2012. Mayor Pro Tem ATTEST: City Clerk