HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/07/2012 - MOTION REGARDING ETHICS COMPLAINT FILED BY DAVID BDATE: February 7, 2012
STAFF: Steve Roy
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 22a
SUBJECT
Motion Regarding Ethics Complaint filed by David Bell Against Gino Campana.
EXECUTIVE SUMMARY
On January 13, 2012, Mr. David Bell filed a written complaint with the City questioning the propriety of Gino Campana’s
participation as a member of the Planning and Zoning Board in discussions pertaining to a proposed Land Use Code
change regarding buffer zones along rivers. Mr. Bell alleges that Mr. Campana should have recused himself since
he is a land developer, and was negotiating the purchase of land for a development along the Poudre River.
Section 2-569(d)(1) provides that:
(d) Complaints and inquiries shall be submitted to the Review Board only according to the following
procedures:
(1) Complaints.
a. Any person who believes that a Councilmember or board and commission member
has violated any provision of state law or the Charter or Code pertaining to ethical
conduct may file a complaint with the Mayor, who shall immediately notify the
chairperson of the Review Board. The complaint shall be placed on the agenda for
the next special or regular City Council meeting for review and possible action by the
City Council.
b. Upon receipt of any such complaint, the City Council shall decide by majority vote
whether to submit the complaint to the Review Board for an advisory opinion as to
whether the violation alleged in the complaint has occurred and, if so, the action, if
any, that should be taken with regard to such violation. In the event that such
complaint is not submitted to the Review Board, the City Council may decide what,
if any, other action pertaining to the same is appropriate.
. . .
The Council’s decision as to whether to refer the complaint to the Ethics Review Board must be made by a majority
vote, but does not require a resolution and may be decided by motion. If the Council decides to refer the matter to the
Ethics Review Board, then the Board will convene at a later date and conduct its review and investigation in
accordance with Section 2-569. If the Council decides not to submit the matter to the Ethics Review Board, it still may
(but is not required to) decide what, if any, other action pertaining to the complaint is appropriate. For example, the
Council could:
• take no action;
• direct the Council liaison to the Planning and Zoning Board to discuss the issue with the Planning and
Zoning Board;
• send a letter from the Council to the Planning and Zoning Board reminding its members to confer with the
City Attorney’s Office regarding any potential conflicts of interest;
• request the City Attorney’s Office to conduct a workshop with the Board to discuss the conflict of interest
provisions applicable to Board members; or
• take any other action that the Council thinks is appropriate.
ATTACHMENTS
1. Compliant filed by David Bell
2. City Code Section 2-569