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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/04/2014 - FIRST READING OF ORDINANCE NO. 159, 2014, AMENDINGAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Darin Atteberry, City Manager SUBJECT First Reading of Ordinance No. 159, 2014, Amending Section 2-568 of the City Code to add to the Ethical Rules of Conduct a Prohibition on Special Treatment and to Establish a Reporting Requirement for Councilmember Contacts with City Staff. EXECUTIVE SUMMARY The purpose of this item is to promote transparency and awareness in connection with Councilmember contacts with the administrative service of the City and to establish clear standards related to special treatment in the interpretation, administration or enforcement of the Code, City regulations, policies or programs, or provision of City services by any City officer or employee. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The intent of this new City Code provision is to develop a transparent method requiring any Councilmember to notify the entire Council, City Clerk, and City Manager when said Councilmember makes a non-routine request of the City on behalf of his or herself or business or family. Some matters, such as utility customer information, sales tax information, propriety business information or criminal enforcement-related information will be exempt from this change. City employees, likewise, will be bound under City Personnel Policy to report such contacts to their Service Area Director and reports will be forwarded to the City Manager. The process for reporting such contacts will be addressed in City Administrative Policy. City Code Section 2-568 establishes certain “ethical rules of conduct” that apply to the City’s councilmembers, board and commission members, and employees. Subparagraph (c) of Section 2-568 relates to rules of conduct. The amendments proposed for Section 2-568 clarify that no City officer or employee shall provide any special consideration, treatment, or advantage in the interpretation, administration or enforcement of the Code or any City regulations beyond that which is available to other persons in similar circumstances or need. Subsection (5) of Section 2-568 further requires a Councilmember to deliver written disclosure to the City Clerk’s Office within 24 hours of contacting an officer or employee of the City in connection with that officer’s or employee’s role in relation to a matter not within the Councilmember’s role as an officer of the City. - 1 - ORDINANCE NO. 159, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-568 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD TO THE ETHICAL RULES OF CONDUCT A PROHIBITION ON SPECIAL TREATMENT AND TO ESTABLISH A REPORTING REQUIREMENT FOR COUNCILMEMBER CONTACTS WITH CITY STAFF WHEREAS, Section 2-568(c) of the City Code establishes ethical rules of conduct for officers and employees of the City; and WHEREAS, the City Council desires to establish a clear standard and expectation prohibiting special treatment of City officers and employees in the interpretation, administration or enforcement of the Code, City regulations, policies or programs, or provision of City services, by any City officer or employee; and WHEREAS, in order to promote transparency and awareness in connection with Councilmember contacts with the administrative service of the City, the Council has also determined that it will be beneficial to establish a reporting process for such contacts, when they are outside the Councilmember’s official role and are not routine contacts related to standard public services; and WHEREAS, incorporating new requirements as set forth above as part of the ethical rules of conduct will enable the Ethics Review Board to provide consultation and review of matters related to the application of these provisions to City Councilmembers and to members of City boards and commissions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-568(a) of the Code of the City of Fort Collins is hereby amended to add a new definition of the term “related entity” and the term “routine City matter,” to read as follows: Sec. 2-568. Ethical rules of conduct. (a) Definitions. “Related entity” shall mean any corporation, limited liability company, partnership, sole proprietorship, joint venture, trust, estate, foundation, association, business, company or any other organization, whether or not operated for profit, with respect to which an officer or employee, or a relative of the same, has a substantial ownership interest in, is employed by, is an agent for or otherwise represents in any legal capacity. . . . - 2 - “Routine City matter” shall mean a usual and ordinary registration, reservation, or other request, within a program or for public services, such as a registration for a recreation class, reservation of a park shelter, or request for standard utility services, provided that the same is carried out using a routine process or system and in a manner consistent with standard practices. No application for a regulatory approval or license, other than a sales tax license, shall be considered a routine City matter. . . . Section 2. That Section 2-568(c) of the Code of the City of Fort Collins is hereby amended to add a new subsection (4), to read as follows: Sec. 2-568. Ethical rules of conduct. (c) Rules of conduct. . . . (4) No officer or employee shall request on his or her own behalf, or for or through a relative or related entity, from any other officer or employee, or grant to any other officer or employee, or relative or related entity of the same, any consideration, treatment or advantage in the interpretation, administration or enforcement of the Charter, Code, any City regulation, policy or program or in the provision of public services, that is substantially different from that available to other persons in the same circumstances or having the same need. Section 3. That Section 2-568(c) of the Code of the City of Fort Collins is hereby amended to add a new subsection (5), to read as follows: Sec. 2-568. Ethical rules of conduct. (c) Rules of conduct. . . . (5) If any Councilmember contacts an officer or employee regarding a request in connection with that contacted officer’s or employee’s role and in relation to a matter that is not a routine City matter and is not within the Councilmember’s role as an officer of the City, said Councilmember shall no later than 5:00 p.m. on the next business day after such contact deliver a written disclosure to the City Clerk and the City Manager and to all other members of City Council. The written disclosure must describe the date, time and general subject matter of the contact, together with the identity of the officer or employee contacted. Any private or confidential information, such as tax, utility account, or other personal - 3 - information may be excluded or redacted from such disclosure. Disclosure by means of an electronic message shall be deemed to constitute written disclosure for purposes of this provision. . . . Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk