Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/20/2013 - ITEMS RELATING TO ADVISORY OPINION AND RECOMMENDATDATE: August 20, 2013 STAFF: Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 36 SUBJECT Items Relating to Advisory Opinion and Recommendation No. 2013-02 and 2013-03 of the Ethics Review Board. A. Resolution 2013-074 Accepting Advisory Opinion and Recommendation No. 2013-02 of the Ethics Review Board. B. Resolution 2013-075 Accepting Advisory Opinion and Recommendation No. 2013-03 of the Ethics Review Board. EXECUTIVE SUMMARY The purpose of this item is to submit two opinions of the Ethics Review Board to Council for its consideration and possible approval. BACKGROUND / DISCUSSION 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. The Ethics Review Board met on July 23, 2013, to consider two questions, one of which had been submitted by Councilmember Wade Troxell, and the other by an alternate Review Board that had met late last year. Councilmember Troxell’s question was whether he would have a conflict of interest in participating in any decisions of the City Council related to a proposed development project of the Front Range Community College. This issue arises because of the proximity of the Troxell residence to the site of the Front Range Community College project. After receiving input on this question, the majority of the Board concluded that Councilmember Troxell would not have a conflict of interest. The question submitted by the alternate Review Board was whether members of City boards and commissions who own property within the notice zone of a proposed land use project should utilize the same guidelines as Councilmembers in deciding, on a case-by-case basis, whether to recuse themselves from participating in quasi- judicial decisions related to such projects, or whether they should instead routinely recuse themselves from those decisions unless an opinion is rendered by the Board that they need not do so. The Board recommended the latter course of action. Section 2-569(e) states that opinions and recommendations of the Board are to be submitted to the full Council so that the Council may determine whether to adopt the same. RESOLUTION 2013-074 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING ADVISORY OPINION AND RECOMMENDATION NO. 2013-02 OF THE ETHICS REVIEW BOARD WHEREAS, the City Council has established an Ethics Review Board (the “Board”) consisting of three 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 July 23, 2013, to consider whether Councilmember Wade Troxell would have a conflict of interest in participating in any decisions of the City Council related to a proposed redevelopment project of the Front Range Community College because of the proximity of the Troxell residence to the site of the redevelopment project; and WHEREAS, the Board has issued an advisory opinion with regard to this matter; 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. 2013-02 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 a regular meeting of the Council of the City of Fort Collins this 20th day of August A.D. 2013. Mayor ATTEST: City Clerk RESOLUTION 2013-075 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING ADVISORY OPINION AND RECOMMENDATION NO. 2013-03 OF THE ETHICS REVIEW BOARD WHEREAS, the City Council has established an Ethics Review Board (the “Board”) consisting of three 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 July 23, 2013, to consider whether members of City boards and commissions who own property within the notice zone of a proposed land use project should utilize the same guidelines as Councilmembers in deciding, on a case-by-case basis, whether to recuse themselves from participating in quasi-judicial decisions related to such projects, or whether they should instead routinely recuse themselves from those decisions unless an opinion is rendered by the Board that they need not do so; and WHEREAS, the Board has issued an advisory opinion with regard to this matter; 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. 2013-03 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 a regular meeting of the Council of the City of Fort Collins this 20th day of August A.D. 2013. Mayor ATTEST: City Clerk