HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/16/2014 - RESOLUTION 2014-120 ACCEPTING ADVISORY OPINION ANDAgenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY December 16, 2014
City Council
STAFF
Carrie Daggett, Interim City Attorney
SUBJECT
Resolution 2014-120 Accepting Advisory Opinion and Recommendation No. 2014-2 of the Ethics Review
Board.
EXECUTIVE SUMMARY
The purpose of this item is to submit the opinion of the Ethics Review Board to Council for its consideration
and possible approval.
STAFF RECOMMENDATION
Not applicable.
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 December 4, 2014, to consider a question
submitted by Mayor Karen Weitkunat. The question was whether and the extent to which Opinion No. 2012-2
of the Board, dated October 31, 2012, which concluded that she has a personal interest in decisions of the City
Council regarding the redevelopment of Foothills Mall, now precludes her from participating generally in
matters related to Foothill Mall.
Section 2-569(c) provides for the opinions and recommendations of the Board to be submitted to the full
Council for Council consideration and approval.
ATTACHMENTS
1. Ethics Review Board minutes, December 4, 2014 (PDF)
ATTACHMENT 1
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RESOLUTION 2014-120
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING ADVISORY OPINION AND RECOMMENDATION NO. 2014-2
OF THE ETHICS REVIEW BOARD
WHEREAS, the City Council has established an Ethics Review Board (the “Board”)
consisting of designated 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 December 4, 2014, to consider whether
Mayor Karen Weitkunat whether and the extent to which Opinion No. 2012-2 of the Board,
dated October 31, 2012, which concluded that she has a personal interest in decisions of the City
Council regarding the redevelopment of Foothills Mall, now precludes her from participating
generally in matters related to Foothills Mall; and
WHEREAS, the Board has issued an advisory opinion with regard to this matter
concluding that the mere fact that a decision is associated in some way with Foothills Mall
should not be construed as conclusive on the question of whether the Mayor has a conflict of
interest in relation to that decision, and that specific questions of whether Mayor Weitkunat has a
conflict of interest with respect to matters associated with Foothills Mall should be determined
on a case-by-case basis; and
WHEREAS, Opinion No. 2014-2 is not intended to constitute, or be interpreted as, a re-
evaluation, reaffirmation, or overturning of Opinion No. 2012-2; 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. 2014-2 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.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
16th day of December, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EXHIBIT A