HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/20/2019 - FIRST READING OF ORDINANCE NO. 102, 2019, AMENDINGAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY August 20, 2019
City Council
STAFF
Carrie Daggett, City Attorney
SUBJECT
First Reading of Ordinance No. 102, 2019, Amending Section 2-569 of the Code of the City of Fort Collins
Regarding the Ethics Review Board.
EXECUTIVE SUMMARY
The purpose of this item is to consider a change to City Code Section 2-569(d)(1) to extend the time for initial
screening of an ethics complaint by the Ethics Review Board from ten working days to thirty working days, plus
an additional fourteen days in the event of extenuating circumstances.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Ethics Review Board process for consideration of ethics complaints is governed by City Code Section 2-
569(d)(1).
Under City Code Section 2-569(d)(1), after an ethics complaint is filed with the City Clerk, “no more than ten
(10) working days after the date of filing of the complaint, the Review Board shall meet and consider the
complaint.” This screening process was added in 2014 and only a few complaints have been filed since that
time. The Ethics Review Board has now had the opportunity to use the screening process and it has been
determined that it is difficult to accomplish the scheduling and preparation of materials for discussion in ten
working days.
The Ethics Review Board met on July 29, 2019, and considered options for modifying the timeframe for the
screening process, and unanimously recommended amending Section 2-569(d)(1) to provide that the Ethics
Review Board shall conduct the initial screening of ethics complaints within thirty working days, with an extra
fourteen days in the event of extenuating circumstances.
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ORDINANCE NO. 102, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-569 OF THE CODE OF THE CITY OF
FORT COLLINS REGARDING THE ETHICS REVIEW BOARD
WHEREAS, the review of ethics complaints by the Ethics Review Board is governed by
City Code Section 2-569(d)(1); and
WHEREAS, under City Code Section 2-569(d)(1), after a complaint is filed with the City
Clerk, no more than ten (10) working days after the date of filing of the complaint, the Review
Board shall meet and consider the complaint; and
WHEREAS, this screening process was added in 2014 and only a few complaints have
been filed since that time; and
WHEREAS, based upon the experience of the Ethics Review Board with the screening
process, the timeframe of ten working days is not enough time for the scheduling and preparation
of materials needed for the Board’s review of ethics complaints; and
WHEREAS, at its meeting of July 29, 2019, the Ethics Review Board recommended that
Council modify the timeframe for the screening of ethics complaints as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-569(d)(1)a of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 2-569. Board of ethics.
. . .
(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 City Clerk, who shall
immediately notify the chairperson of the Review Board, the Councilmembers or
board and commission members named in the complaint and the City Council.
The complaint shall be promptly scheduled for consideration by the Review
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Board as soon as reasonably practicable. No more than ten (10)thirty (30)
working days after the date of filing of the complaint, the Review Board shall
meet and consider the complaint. In the event extenuating circumstances arise in
the scheduling and preparation for such meeting, the time for meeting shall be
extended by fourteen (14) calendar days. All Councilmembers or board and
commission members named in the complaint, as well as the complainant, shall
be given written notice of such meeting at least three (3) working days prior to the
meeting. A notice of the complaint, including the identity of the complainant shall
be posted along with the meeting notice.
. . .
Introduced, considered favorably on first reading, and ordered published this 20th day of
August, A.D. 2019, and to be presented for final passage on the 3rd day of September, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of September, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk