HomeMy WebLinkAboutReport - Read Before Packet - 2/23/2021 - Powerpoint Presentation - Ethics Opinion 2021-01February 23, 2021
Ethics Opinion 2021-01
Carrie Daggett, City Attorney
Resolution 2021-025
Purpose of this item:
Proposed adoption of Resolution 2021-025,
approving Ethics Opinion No.2021-01 of the
Ethics Review Board providing an advisory
opinion to Councilmember Melanie Potyondy in
response to her request related to possible
conflicts of interest.
2
Advisory Opinion Sought
On January 19,2021,Councilmember Potyondy asked for an
advisory opinion about the following:
1.Possible conflicts of interest that may arise from her
employment with Poudre School District.
2.Possible conflicts of interest that may arise from her
husband,Eric Potyondy,being employed as an assistant
city attorney in the City Attorney’s Office .
3
Ethics Review Board
City Code Section 2-569 empowers the Ethics Review
Board to review and investigate actual or hypothetical
potential conflicts, and render advisory opinions and
recommendations
4
Conflicts of Interest
Article IV, Section 9(b)(3) of the City Charter:
Requires any officer or employee who has, or whose relative has,
a financial or personal interest in any decision of any public body
of which he or she is a member or to which he or she makes
recommendations, upon discovery to:
disclose that interest in the manner described, and
refrain from voting on, attempting to influence, or otherwise
participating in the decision as an officer or employee.
5
Financial Interest --Defined
•Financial Interest means any interest equated with
money or its equivalent.
•Several interests are specifically excluded, including:
•An interest of an officer/employee/relative as an
employee of a business or holder of an ownership
interest in a business, when the decision of
interest financially benefits or otherwise affects the
business but entails no foreseeable, measurable
financial benefit to the officer/employee/relative
6
Personal Interest --Defined
Personal Interest means any interest (other than a
financial interest) of an officer/employee/relative that
would, in the judgment of a reasonably prudent person,
lead them to realize or experience some direct and
substantial benefit or detriment different in kind from that
experienced by the general public.
7
Personal Interest -Exclusions
Specifically excluded from the definition of personal interest:
•An interest as a board member of a governmental,
nonprofit, educations religious, charitable, fraternal or
civic organization
•An interest in the receipt of public services on the
same terms as all similarly situated citizens
•An interest in compensation, benefits or terms of City
employment
8
Ethics Review Board Process
Ethics Review Board (Mayor Troxell, Councilmember Summers,
Councilmember Pignataro):
•Met January 29 to discuss and consider circumstances and
potential conflicts and gather information from Councilmember
Potyondy
•Met February 12 to discuss, consider and approve Ethics
Opinion 2021-01
•Was advised by Greeley City Attorney Doug Marek related to
City Attorney’s Office question to avoid any conflict or
appearance of conflict.
9
Ethics Opinion 2021-01
Summary of Conclusions:
1.Re employment at Poudre School District,generally no financial or personal
interest under the City Charter or conflict under state law,although matters
with a close tie to her role with the District may require a closer analysis.
2.Re her spouse’s employment as an assistant city attorney in the Fort Collins
City Attorney’s Office,generally no financial or personal interest under the
City Charter or conflict under state law,although matters with direct impact
on staffing levels and support services for members of the City Attorney’s
Office may require closer analysis.
3.In view of advisory opinion process,conflict management plan was
considered unnecessary.
10
Council Action
•City Code provides that after Ethics Review Board
approval, ethics opinions are presented to City Council for
approval.
•Resolution 2021-025, if adopted, will approve Ethics
Opinion 2021-01
.
11