HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/21/2017 - RESOLUTION 2017-025 ACCEPTING ADVISORY OPINION ANDAgenda Item 23
Item # 23 Page 1
AGENDA ITEM SUMMARY February 21, 2017
City Council
STAFF
Carrie Daggett, City Attorney
SUBJECT
Resolution 2017-025 Accepting Advisory Opinion and Recommendation No. 2017-01 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
Staff recommends adoption of the Resolution.
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 February 7 and February 14, 2017, to review
and approve the draft Ethics Opinion 2017-01, responding to an inquiry by Councilmember Campana
requesting that the Board consider and provide an advisory opinion regarding whether under the City Charter
and City Code, City Councilmembers who have declared a conflict of interest regarding a matter may discuss
that matter in his or her personal or professional capacity with City staff.
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 February 7, 2017 (PDF)
ATTACHMENT 1
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RESOLUTION 2017-025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING ADVISORY OPINION AND RECOMMENDATION
NO. 2017-01 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 February 7 and February 14, 2017, to
review and approve the draft Ethics Opinion 2017-01, responding to an inquiry by
Councilmember Campana requesting that the Board consider and provide an advisory opinion
regarding whether under the City Charter and City Code City Councilmembers who have
declared a conflict of interest regarding a matter may discuss that matter in his or her personal or
professional capacity with City staff; and
WHEREAS, the Board has issued an advisory opinion with regard to this matter
concluding that there is no prohibition in the City Charter and City Code prohibiting City
Councilmembers who have declared a conflict of interest regarding a matter from discussing that
matter in his or her personal or professional capacity with City staff, provided that the
Councilmember does not request special treatment, a special interpretation or special application
of a City Code provision or other requirement, policy or program; and
WHEREAS, the Board indicated it will further review and recommend an amendment of
City Code Section 2-568(c)(2), which prohibits Councilmember from representing persons or
interests before the City Council or any City board or commission; and
WHEREAS, the City Council 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. 2017-01 of the Ethics Review Board, a copy of which is
attached hereto as Exhibit “A” and incorporated herein by this reference, 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 an adjourned meeting of the Council of the City of Fort Collins
this 21st day of February, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EXHIBIT A