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HomeMy WebLinkAboutMemo - Mail Packet - 4/2/2024 - Memorandum From Rupa Venkatesh, Carrie Daggett, And Jenny Lopez Filkins Re: April 1, 2024 Council TrainingCity Manager’s Office 300 Laporte Avenue PO Box 580, Fort Collins, CO 80522 970-221-6684 rvenkatesh@fcgov.com MEMORANDUM Date: March 28, 2024 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager From: Rupa Venkatesh, Assistant City Manager Carrie Daggett, City Attorney Jenny Lopez Filkins, Deputy City Attorney Subject: April 1, 2024 Council Training The Council-adopted Anti-Discrimination and Anti-Harassment Policy (ADAHP) calls for the City Council to participate in training about the ADAHP every two years. This training will occur on April 1, 2024 and will cover the ADAHP, the recently adopted Code of Conduct and Ethical rules. The ethical rules portion of the training will also cover the gifts and honoraria reporting requirements. The Respectful Workplace Policy was recently amended to the ADAHP and Council adopted it in September 2023, along with the Code of Conduct and amended ethical rules provision in the Municipal Code. While ADAHP governs harassment, discrimination and retaliation, Code of Conduct relates to the standards of integrity and honesty, and respectful discourse and the ethical provisions pertain to rules established by the City Charter and City Code and applicable provisions of state statute. Julie Pate, Founder and President of Employment Compliance Solutions will be providing the training for ADAHP and Code of Conduct. She will also be providing similar training to all boards and commission members in April 2024. ATTACHMENTS 1. Anti-Discrimination and Anti-Harassment Policy 2. Code of Conduct Policy DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 3. Ordinance No. 120, 2023 – Ethical Rules of Conduct and Code of Conduct Complaint Process 4. City Give FAQ 5. Presentation DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 City Council 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80521 ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY Introduction: Fort Collins aspires to be a city that addresses the needs of all members of our community and strives to ensure that everyone has the opportunity to thrive. As a community, we commit to building a healthy, equitable, and resilient city – for our families, for our neighbors, and for future generations. The Fort Collins City Council is committed to providing and maintaining an environment that encourages mutual respect and promotes equality, dignity, and respect. This Policy embodies the City Council’s commitment to prevent and address discrimination; harassment, including sexual harassment; and retaliation. Discrimination, harassment, and retaliation in the workplace are against the law and will not be tolerated. Through adoption, implementation, and enforcement of this Anti-Discrimination and Anti- Harassment Policy (“Policy”) and through continuing education and training provided by or through the City Clerk’s Office, the Fort Collins City Council will seek to prevent, address, and correct behavior that violates this Policy. Application: This policy applies to all members of the City of Fort Collins City Council and Appointed Officials in the performance of City governance or operations, at City sponsored activities, and in all interactions between members of City Council, Appointed Officials, and City employees and contractors (defined herein as “Related Interactions”). Appointed Officials include the City Manager, the City Attorney, the Chief Municipal Judge, any appointed employee includ ing municipal judges, and any City board or commission member. Nothing in this Policy is intended or should be read to alter the terms and conditions of the at-will status of Appointed Officials. It is important for all to keep in mind that the Mayor and City Council are committed to providing an environment that exemplifies high standards of behavior, treats others with dignity and respect, and is known for its honesty, inclusivity, and transparency. Conduct that does not clearly fall into the realm of conduct prohibited by this Policy but is inconsistent with these values may be a violation of the Council-adopted code of conduct. Prohibited Conduct I. Discrimination Strictly Prohibited Policy The City Council strictly prohibits discrimination based on protected characteristics and will take DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 prompt and appropriate action in response to good faith complaints or knowledge of an alleged violation of this Policy. Definitions  “Protected characteristics” means a person’s race, color, religion, creed, national origin or ancestry, sex, sexual orientation (including perceived sexual orientation), gender identity and expression, disability, age 40 years or older, pregnancy or related condition, genet ic information, and, in certain specific circumstances, marital status, marriage to a coworker or any other status protected under federal, state, or local law.  “Discrimination” occurs when a person covered by this policy experiences an adverse officia l action based on one or more of that person’s protected characteristic(s). Adverse official actions include, but are not limited to, termination, suspension, involuntary demotion, failure to promote, and opposition, rejection or failure to appoint to committee or leadership role. Adverse official actions that are taken for any reason other than the protected characteristic(s) of a person covered by this policy are not discrimination. Examples of Discrimination  A Councilmember harshly criticizes City staff and the municipal clerk notes he disproportionally criticizes her and other women.  A female candidate for city attorney, city manager or chief judge is selected for a position over a more qualified male candidate because she is a woman.  A community member is not considered for a board or commission appointment because he is homosexual.  A candidate is not chosen for a promotion to an open City position by an appointee because the candidate does not share the appointee’s religious beliefs or does not have religious beliefs.  A direct report receives an unfavorable, unjustified pay decision because they are disabled. II. Harassment, Including Sexual Harassment, Strictly Prohibited Policy The City Council strictly prohibits harassment, including sexual harassment, and will take prompt and appropriate action in response to good faith complaints or knowledge of an alleged violation of this Policy. Please note that this Policy does not address conduct that could constitute a violation of criminal law. Any person who believes a violation of criminal law has occurred should report the conduct to Fort Collins Police Services or other appropriate law enforcement agency. Definitions  “Harassment” means any unwelcome conduct or communication directed at an individual or group because of that individual’s or group’s actual or perceived protected characteristic and such conduct or communication is subjectively offensive to the individual alleging harassment and the conduct is objectively offensive to a reasonable individual who is a member of the same protected characteristic. It is not necessary for a complaining party to be a member of a protected characteristic to file a complaint. Harassment is a violation of this policy if: DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084  Submission to the conduct is explicitly or implicitly made a term or condition of employment or appointment;  Submission to, or objection to, or rejection of the conduct is used as a basis for employment or appointment decisions; or  The conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile or offensive work environment or in related interactions. Petty slights, minor annoyances, and lack of good manners are not included in the definition of harassment, unless they meet the definition of harassment above when taken individually or in combination and under the totality of the circumstances. The totality of the circumstances considered includes:  The frequency, duration and location of the conduct or communication; and  The number of individuals involved; and  The type or nature of the conduct or communication; and  Whether it is threatening, involves epithets or slurs, or reflects stereotypes; and  Whether there is a power differential between the individual or group and the subject of the complaint. Examples of Harassment No policy can provide an exhaustive list of behaviors that may rise to the level of harassment. Harassment encompasses a broad range of conduct that may be verbal, visual, or physical in nature. Specifically prohibited conduct includes, but is not limited to:  Verbal conduct such as epithets, derogatory comments, and slurs directed at someone because of their protected class;  Insisting on giving hugs to all women encountered at a recurring meeting;  Repeatedly not using a person’s preferred pronoun(s);  Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures directed at someone because of their protected class;  Mocking someone’s accent or disability;  Acts or jokes that are hostile or demeaning toward a protected class;  Racially offensive words or phrases;  Written or graphic material that insults, stereotypes, or shows aversion or hostility to an individual or group because of a protected class that is placed on walls, bulletin boards, email, or elsewhere on the premises of the workplace;  Displays of symbols, slogans, or items that are associated with hate or intolerance towards any select group, such as swastikas or nooses;  Pranks or hazing someone because of their protected characteristic; and  Physical aggression or gestures based on someone’s protected characteristic. In addition to the examples listed above, an aggregation of a series of incidents can constitute harassment, even if one of the incidents considered separately would not rise to the level of harassment. Harassing conduct does not have to rise to the level of an unlawful hostile work environment to warrant corrective action under this policy. Sexual Harassment Because sexual harassment raises issues that are to some extent unique in comparison to other types of harassment, the City Council believes it warrants separate emphasis. The City Council strongly opposes DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 sexual harassment and inappropriate sexual conduct. Sexual harassment can involve persons of any gender identity or sexual orientation being harassed by another individual. Examples of sexual harassment include, but are not limited to, the following conduct:  Inappropriate commentary, such as sexual epithets, jokes, written or verbal references to sexual conduct, gossip regarding a person’s sex life, comments regarding a person’s body or sexual activity deficiencies or prowess;  Sexually suggestive comments about a person’s clothing, vocal activity like catcalls or whistles, leering or staring at a person or part of a person’s body, obscene letters, emails, text messages, photographs, cartoons, or other written or pictorial materials of a sexual nature, or sexting or posting sexual messages or images on social media;  Direct sexual propositions including persistent requests for dates, drinks, or other personal contact after being informed that the interest is unwelcome, inappropriate sexually themed communication in person, online or via mobile devices;  Explicit or implicit requests for sexual activity in exchange for reward, position, or career advancement, support of legislative initiatives, introductions, special access invitations to exclusive events, support for candidacies, position stability, or any other such condition or potential benefit;  Sexual contact including unwanted physical touching, blocking or impeding movements, groping, or kissing. Inappropriate sexual conduct that could lead to a claim of sexual harassment is expressly prohibited by this policy. This policy prohibits opposite sex and same sex harassment. Sexual harassment may be obvious or subtle. Some behavior that is appropriate in a social setting may not be appropriate in the performance of City governance, City operations, at City sponsored activities, or in Related Interactions, particularly considering the Council’s stated values noted above in the Introduction. III. Retaliation Strictly Prohibited Policy The City Council strictly prohibits retaliation. The City Council will take prompt and appropriate action in response to good faith complaints of retaliation or knowledge of a violation of this Policy. Definitions “Retaliation” means an act of punishment, reprisal, or revenge that is taken against a person because he or she reported a form of harassment prohibited under this Policy, prevented unlawful practices, or participated in an investigation of an alleged act of harassment. For purposes of retaliation, an action i s materially adverse if it is harmful to the point that it would dissuade a reasonable employee from making a complaint of discrimination. Examples Retaliation can take place on City locations or elsewhere. Harassing conduct does not have to rise to the level of an unlawful hostile work environment to warrant corrective action under this policy. Examples of retaliation after a person makes a complaint or raised a concern may include, but are not limited to:  Granting access to that person differentl y in a manner that negatively affects the person’s business or ability to perform work (i.e., a Councilmember refusing to meet with a complaining party after the DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 party filed a complaint);  Removing that person from an assignment;  Change in support for Council action proposed by, or supported by, that person in their professional capacity;  Disparaging that person to colleagues or peers;  Changing that person’s role, responsibilities, managerial or legislative authority;  Newfound scrutiny of that person’s work performance by a supervisor manager or Councilmember;  Denial of a promotion for that person, or demoting, suspending, or terminating them, when such acts are not otherwise justified;  Issuing that person warnings, reprimands, or poor performance evaluations that are not otherwise justified;  Excluding that person from beneficial networking or other opportunities, or from team or coworker events;  Encouraging shunning by other Councilmembers;  Workplace or legislative sabotage;  Assigning that person a disproportionate workload;  Disparaging that person to others or in the media;  Disparaging that person to potential new employers;  Threatening that person with legal action;  Threatening that person with immigration action; or  Abusive verbal or physical behavior towards that person. Formal Complaint and Resolution Process The City Council encourages the reporting of all perceived incidents of discrimination, harassment or retaliation, as described above, regardless of the position of the alleged offender. The following processes will be used when a reporting party reports a violation of this Policy. The formal resolution process will be used when someone makes a good faith report of discrimination, harassment, or retaliation in a manner that makes clear that the Reporting Party intends to make a complaint of a policy violation. Definitions  “Reporting Party” means a person who has been subjected to or who has witnessed another person be subjected to behavior that violates this Policy. A Reporting Party may be a member of the City Council, a City staff member, a member of the public, a City contractor or vendor, an Appointed Official, a contractor, or a person whose employment gives them access to or contact with the Fort Collins City Council.  “Complaint Contact” means:  The Mayor;  Any City Councilmember;  A representative of Human Resources including the Human Resources Executive, the Human Resources Director, or a Human Resources Business Partner;  The City Manager, Deputy City Manager, Assistant City Manager, Service Area Director, Service Unit Director  The City Attorney, Deputy City Attorney  Lead Specialist, Office of Equity & Inclusion.  The staff liaison or attorney liaison to a board or commission DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 While the reporting party should contact anyone on this list, the following guidance is provided for “Complaint Contact:”  For a complaint about the City Manager, City Attorney and Chief Judge, contact the Mayor or the Human Resources Executive.  For a complaint about a City Councilmember, contact the Human Resources Executive.  For a complaint about a Board and Commission member, contact the City Manager, Deputy City Manager, Assistant City Manager, Service Area Director, Service Unit Director, City Attorney, or Deputy City Attorney.  “Respondent” means a person who is alleged to have violated this Policy and includes members of the City Council, Appointed Officials, and persons who are under contract with the City of Fort Collins. Confidentiality and Privacy Interests An essential duty of the City Council and Appointed Officials is to be accountable to the public they serve. Members of the public deserve to have access to some information about complaints and complaint trends, but this must be balanced with the needs of the parties to have a safe, fair, and impartial process with appropriate confidentiality. The complaint resolution process is a confidential process. Complaint contacts must ensure that reporting parties can communicate privately and confidentially with them in discussing their complaints. Complaints and information about the investigation must be kept confidential by all parties, witnesses, those who handle the complaints, and those who recommend discipline or remediation, to the fullest extent possible. The confidential investigation report or any records of complaints of sexual harassment, and any sexual harassment investigations shall not be disclosed pursuant to an open records request except in accordance with Colo. Rev. Stat. § 24-72-204. Complaints Against a Member of the City Council Complaint Process The Fort Collins City Council encourages any person who is the subject of or witness to a violation of this Policy by a City Councilmember to immediately bring the violation to the attention of the Fort Collins City Council, via the complaint contacts listed above, so it may take proper steps to investigate and address the issue. The report should contain all facts available to the Reporting Party regarding the alleged Policy violation. Action by Complaint Contact A Complaint Contact who receives a report from a Reporting Party must document the date, time, the form of communication that the complaint was received (in person, by phone, email, text etc.), substance of any communication about the complaint and any steps taken. The Complaint Contact must transmit complaints that fall under the Policy to the Lead Specialist, Equity and Inclusion Office of the City and the City Attorney. A screening process will be used to ensure that the alleged misconduct falls within the scope and purpose of this Policy, assuming the allegations are true. A Complaint Contact must take actions described in this Policy promptly upon becoming aware of a complaint. Screening Process The Lead Specialist, Equity and Inclusion Office or their designee and the City Attorney or their designee will contact the Reporting Party and obtain a complete description of the conduct that DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 allegedly violates this Policy. The Lead Specialist, Equity and Inclusion Office or their designee, the City Manager or their designee and the City Attorney or their designee will determine whether the alleged misconduct, if true, violates this Policy. Unless the alleged violation clearly does not fall within this Policy, the allegations will be referred for investigation. If the alleged violation clearly does not fall within this Policy, a confidential written summary of the basis for not referring the matter for investigation is placed in the file. If the allegations are not referred for full investigation, the complaining party will be notified both in person and in writing that the allegations were reviewed as a screening matter and determined not to fall within the scope of this Policy. If any of those involved in the screening the complaint believes the alleged misconduct, if true, violates this Policy, the allegations will be referred for investigation and the complaining party will be notified. Investigation Complaints against a Councilmember that, if true, violate this Policy must promptly be referred to a third-party investigator retained by the City Attorney’s Office. The City Attorney must inform the City Council that an investigation is underway and retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations) to conduct interviews with the Reporting Party and other individuals with knowledge of relevant facts, and to perform such other actions as are necessary to ensure a complete investigation of all allegations and a fair process for all involved. Once the investigation is deemed complete by the investigator and the City Attorney, the investigator shall prepare a written report indicating whether the allegations in the complaint are sustained or not sustained and shall provide such confidential investigation report to the City Attorney. Timeline for Investigation Every effort will be made to complete an investigation in 60 days. Disciplinary and Remedial Action Upon completion of the investigation by a third-party investigator, the City Attorney will inform the Human Resources Executive, the City Manager, the Reporting Party and the Respondent of the pertinent findings. The City Attorney, the Human Resources Executive and the City Manager will send the confidential investigative report to each member of the City Council with a cover letter that contains recommendations to remedy the harassment, discrimination, or retaliation. Alternatively, the City Attorney shall present the investigator’s written report to the City Council in executive session. Upon receipt, the Respondent must immediately endeavor to comply with recommendations. The City Council may consider and direct any or all of the following actions in response to a finding that a complaint of harassment, discrimination or retaliation is sustained: 1. Adopt a resolution finding that an individual covered by this policy violated this policy; 2. Direct or encourage additional corrective training; 3. Such other action as is consistent with its authority under applicable state statutes, the City Charter, ordinances, resolutions, or rules and policies of the City Council. Any Councilmember at any time may initiate a motion for censure of a Respondent Councilmember. Complaints Against an Appointed Official Reporting The City Council encourages any person who is the subject of or witness to a violation of this Policy by an Appointed Official to bring the violation to the attention of the City Council immediately, so it DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 may take proper steps to investigate and address the issue. The report should contain all facts available to the Reporting Party regarding the alleged Policy violation. The Reporting Party is encouraged to take the following actions:  If the Reporting Party is comfortable addressing the issue directly with the Respondent, the party m ay explain to the Respondent that the behavior is offensive to the Reporting Party, and request that such behavior be discontinued.  If the behavior recurs, the Reporting Party is strongly encouraged to immediately report the behavior to a complaint contact listed above.  If the Reporting Party is not comfortable addressing the issue directly with the Respondent, the Reporting Party should immediately report the offensive behavior to a Complaint Contact listed above. Action by Complaint Contact A Complaint Contact who receives a report from a Reporting Party must document the date, time, the form of communication that the complaint was received (by phone, in person, email, text message, etc.), substance of any communication about the complaint, and any steps taken. The Complaint Contact must transmit complaints that fall under the Policy to the Human Resources Executive, the City Attorney, unless the City Attorney is the Respondent and the City Manager, unless the City Manager is the Respondent. If the Respondent is the City Attorney, the Complaint Contact must transmit complaints that fall under the Policy to the Human Resources Executive and the City Manager. A screening process will be used to ensure that the alleged misconduct falls within the scope and purpose of this Policy, assuming the allegations are true. A Complaint Contact must take actions described in this Policy promptly upon becoming aware of a complaint. Screening Process The Lead Specialist, Equity and Inclusion Office or their designee and the City Attorney or their designee, if the City Attorney is not the Respondent, will contact the Reporting Party and obtain a complete description of the conduct that allegedly violates this Policy. The Lead Specialist, Equity and Inclusion Office or their designee, the City Manager or their designee, if the City Manager is not the Respondent, and the City Attorney or their designee, if the City Attorney is not the Respondent, will determine whether the alleged misconduct, if true, violates this Policy. Unless the alleged violation clearly does not fall within this Policy, the allegations will be referred for investigation. If the alleged violation clearly does not fall within this Policy, a confidential written summary of the basis for not referring the matter for investigation is placed in the file. If the allegations are not referred for full investigation, the Reporting Party will be notified both in person and in writing that the allegations were reviewed as a screening matter and determined not to fall within the scope of this Policy. If any of those involved in the screening the complaint believe the alleged misconduct, if true, violates this Policy, the allegations will be referred for investigation. If the Respondent is the City Attorney, the City Council will use outside legal counsel to engage in the screening process as described herein. If the Respondent is the City Manager, the Lead Specialist, Equity and Inclusion Office or their designee and City Attorney will engage in the screening process. Investigation Complaints against an Appointed Official that warrant investigation must promptly be referred to a third-party investigator retained the City Attorney’s Office, unless the Respondent is the City Attorney. Unless the Respondent is the City Attorney, the City Attorney must inform the City Council DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 that an investigation is underway and retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations). If the Respondent is the City Attorney, the Lead Specialist, Equity and Inclusion Office or their designee will retain the services of outside counsel to retain an independent outside investigator (preferably a lawyer that specializes in workplace investigations) and the City Manager must inform the City Council that an investigation is underway. An outside investigator will conduct interviews with the Reporting Party and other individuals with knowledge of relevant facts, and to perform such other actions as are necessary to ensure a complete investigation of all allegations and a fair process for all involved. Once the investigation is deemed complete by the investigator and the City Attorney or outside counsel, the investigator shall prepare a written report indicating whether the allegations in the complaint are sustained or not sustained, and shall provide such confidential investigation report to the City Attorney, unless the Respondent is the City Attorney. If the Respondent is the City Attorney, the confidential investigation report will be provided to the outside counsel who will forward the report to the Lead Specialist, Equity and Inclusion Office or their designee and the City Manager. The confidential investigation report and findings, along with a recommendation, will be provided to the City Manager and the City Council. Timeline for Investigation Every effort will be made to complete an investigation in 60 days. Disciplinary and Remedial Action Any Respondent found to have engaged in harassment, discrimination, or retaliation prohibited by this Policy is subject to appropriate disciplinary action. The City Council shall consult with the Lead Specialist, Equity and Inclusion Office or their designee and the City Attorney, if the City Attorney is not the Respondent, regarding disciplinary actions that are commensurate with the severity of the offense. If the City Attorney is the Respondent, the City Council shall consult with the Lead Specialist, Equity and Inclusion Office or their designee and outside employment counsel about disciplinary actions that are commensurate with the severity of the offense. Disciplinary action can include, but is not limited to, demotion or termination. Other remedial measures may include: • Verbal or written direction to cease the offensive behavior; • A written or verbal apology to the Reporting Party if the Reporting Party consents to the apology; • Resources and support to Reporting Party; or • Education and training for the Appointed Officials. In any case, a written record of any action taken on the complaint, or any determination to take no further action on the complaint, shall be prepared in consultation with the City Attorney or such other legal counsel appointed by City Council in connection with a given complaint and kept with the report of investigation. Training All members of City Council shall participate in training regarding harassment, discrimination and retaliation every two years and in conjunction with the orientation provided to new City Council members. All Appointed Officials shall participate in such training every two years. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 EXHIBIT A TO RESOLUTION 2023-084 Annual Reporting and Review The Assistant City Manager will publicly report, on an annual basis, the total number of complaints under the Policy, and the resolution of each complaint, appropriately redacted to protect the confidential personnel decisions and party identities. The Assistant City Manager will maintain a publicly available list of Councilmembers and Appointed Officials who have attended mandatory and voluntary trainings. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 1 City Council 300 Laporte Avenue P.O. Box 580 Fort Collins, CO 80522 Code of Conduct Purpose: Fort Collins aspires to be a city that addresses the needs of all members of our community and strives to ensure that everyone has the opportunity to thrive. As a community, we commit to building a healthy, equitable, and resilient city – for our families, for our neighbors, and for future generations. The high quality of life we enjoy requires a city that is safe and where all individuals are treated with dignity and respect. The Mayor and City Council are committed to providing an environment that exemplifies the highest standards of behavior and is known for its honesty, inclusivity and transparency. Our elected officials and those they appoint believe that how they treat others is a direct reflection of our collective character. Application: This policy applies to board and commission members appointed by the City Council. The Council also adopts this policy to establish standards for Councilmember interactions with board and commission members, staff, and amongst Councilmembers. The term “Appointees” refers to appointed board and commission members. The term “Members” refers to both appointees and City Council. The City Council appoints individuals who: • Comply with both the letter and the spirit of the laws and policies affecting operations of boards and commissions. • Are independent, impartial, and fair in their judgment and actions. • Participate in assigned duties and functions for the public good. • Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility toward each other, City staff, and members of the public. • Learn and understand the legal and ethical requirements that apply to public officials and processes. Therefore, members commit to the following: 1. To uphold the standards of integrity and honesty with the intention of using true and accurate evidence and/or statements in the decision-making process, and making decisions based on the best interest of the city and its residents. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 2 2. To conduct business of their board or commission that is within the scope of the specific board or commission functions as described in the Fort Collins Municipal Code. 3. To perform Council liaison assignments and duties as described in the Fort Collins Municipal Code. 4. Familiarize themselves with, adhere to, and comply with established policies and laws, as applicable: • The City of Fort Collins Boards and Commissions Manual • Colorado’s Sunshine Laws regarding open meetings and public records – as outlined in the Council Resource Guide • The City of Fort Collins Charter and Municipal Code; specifically, the ethical rules of conduct and the open meetings, remote meetings, notice and minutes of meetings, board or commission action and attendance requirements (see Fort Collins Municipal Code §§2-71 through 2-79) • The City Council-adopted Anti-Discrimination and Anti-Harassment Policy, which prohibits harassment, discrimination and retaliation based on a person’s protected characteristics. 5. Avoid all ex parte communications (communications with anyone about a pending issue including communication with City staff) about quasi-judicial matters. 6. To be aware of the open records requirement that applies to written notes, calendars, voicemail messages, and e-mail. All written or recorded materials including notes, voicemail, text messages, and e-mail that discuss or touch on public business or the functions of the board or communication will likely be subject to disclosure to a requesting party. 7. Appointees are encouraged to meet with their Staff or City Council liaison to discuss any concerns regarding work that may be outside the scope of designated functions, conflicts of interest, appearance of impropriety, ex parte communications, or gifts. Appointees must make disclosures to the City Clerk’s Office as appropriate under the circumstances. 8. Make decisions based on the merits of the issue, while treating all persons and decisions in a respectful and equitable manner and committing to conducting business in a way that exemplifies transparency and open communication. 9. Respect the legitimacy and authority of decisions that have been finalized –regardless of personal position on the matter. 10. (For Appointees) Strive to represent the official policies and positions of their board or commission when serving in the member role. When presenting their personal opinions or positions in a public meeting, such as a City Council meeting, Appointees shall explicitly state that they are not representing their board or commission or the City. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 3 11. (For Appointees) Avoid actively participating in matters that interfere with a quasi- judicial commission member’s ability to remain impartial in making decisions. 12. Continue respectful behavior among Members and City staff when communicating in private. The same level of respect and consideration of differing points of view should be maintained in private conversations. 13. To use public resources (e.g., staff time, equipment, supplies, or facilities) appropriately and in a manner that fosters stewardship of the taxpayer and ratepayer dollar. 14. Attend meetings of your board or commission. Because contemplation, deliberation, and decision-making require collaboration and participation, Appointees are expected to attend their meetings. Appointees must comply with attendance requirements described in Fort Collins Municipal Code § 2-79. Appointees commit to attend any required trainings and even suggested trainings that enhance a member’s ability to serve. 15. To respect fellow Members, staff, and the public by treating all with patience, courtesy, and civility at all times during the performance of official duties, regardless of differences of opinion. 16. Avoid making personal, profane, vulgar, slanderous, humiliating, intimidating, or harassing remarks that disturb, disrupt, or impede the conduct of the meeting or the completion of the meeting agenda. Similarly, abusive language, intimidation, threats of violence or harm, or racial or ethnic slurs directed at any person or group of persons are prohibited. Members are expected to know that problematic behavior can cause the targets of behavior to feel threatened, humiliated, or intimidated and such conduct is detrimental to the proper functioning of a public body. Members are expected to avoid publicly ridiculing or insulting fellow Members, members of the public, and City staff. 17. Act in furtherance of the principle that healthy discourse occurs when individuals of all backgrounds and personalities are allowed to respectfully speak candidly about matters of interest, ask difficult questions, challenge ideas and propositions, and work together toward optimal solutions in a respectful manner. 18. Explain to a person who engages in disrespectful treatment that the behavior is disrespectful and, if the person who is the target of the behavior feels comfortable doing so, ask that they discontinue the behavior. If this does not change the behavior the person who believes they are being treated disrespectfully is strongly encouraged to report the behavior using the process described in Fort Collins Municipal Code §2-580. 19. Report behavior that is disruptive, humiliating, intimidating, or threatening or otherwise in violation of this Code of Conduct in the performance of City business, at City-sponsored events, and in all interactions between members, City staff, or the public to the staff liaison and the Boards and Commissions Coordinator. Complaints of such behavior will be processed following procedures in the Fort Collins Municipal Code. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 4 Appointees may not be reappointed and are subject to censure or dismissal by the appointing authority for misconduct, nonperformance of duty, or failure to comply with this Code of Conduct, applicable policies, and the Fort Collins City Charter and Municipal Code. I have read and understand the City of Fort Collins Code of Conduct and agree to abide by and uphold this code to the best of my ability at all times while serving as an appointed or elected official of the city. I understand that I may not be reappointed, and may be suspended, censured or removed from my appointment if my conduct falls below these standards. Signature: Date: Printed Name: DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 1 - ORDINANCE NO. 120, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS REORGANIZING CHAPTER 2, ARTICLE VII, DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF FORT COLLINS TO CONSOLIDATE THE ETHICAL RULES OF CONDUCT AND BOARD OF ETHICS SECTIONS WITH A COMPLAINT PROCESS FOR VIOLATIONS OF THE CODE OF CONDUCT WHEREAS, the City has 25 boards and commissions, whose members are appointed by the City Council; and WHEREAS, on November 15, 2023, the City Council adopted Resolution 2022-122 creating an ad hoc committee on boards and commissions (“Committee”) to consider and make recommendations to improve efficiency and consistency of board and commission processes and reduce barriers to participation; and WHEREAS, with input from individual City Councilmembers, City staff developed a Code of Conduct that applies to board and commission members, and some provisions that apply to both board and commission members as well as City Councilmembers; and WHEREAS, the Code of Conduct includes provisions about upholding standards of integrity and honesty, and respectful discourse; and WHEREAS, City staff presented versions of the Code of Conduct to the Committee for comment and, after revisions were made in response to comments, on July 19, 2023, the Committee recommended adoption of a final version of the Code of Conduct for City Council approval; and WHEREAS, the Code of Conduct will be considered for approval by separate City Council resolution and, if approved, attached as an appendix to the Boards and Commissions Manual; and WHEREAS, City staff developed a process for formally filing and resolving complaints of violation of the Code of Conduct (“Complaint Process”); and WHEREAS, on July 19, 2023, the Committee recommended adoption of the Complaint Process; and WHEREAS, Sections 2-568 and 2-569 of the City Code contain ethical rules of conduct and discussion about a board of ethics charged with interpreting and applying the definitions, rules and procedures pertaining to ethics established by the City Charter and City Code and applicable provisions of state statute; and WHEREAS, the ethical rules and the Code of Conduct are similar in that they both address City Councilmember and board or commission member conduct; and WHEREAS, the City developed its ethical rules and board of ethics under its home rule authority; and DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 2 - WHEREAS, City staff recommends combining the ethical rules and the board of ethics provisions with the Complaint Process in Division 2 of Chapter 2, Article VII to reorganize and simplify rules governing the conduct of City Councilmembers and board and commission members with the Complaint Process in one division; and WHEREAS, the City Council finds that the proposed changes to the City Code are in the best interests of the City and its residents. 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 Division 2 of Article VII of Chapter 2 of the Code of the City of Fort Collins is hereby entitled “Ethical Rules and Conduct: Related Procedures.” Section 3. That Section 2-568 of the Code of the City of Fort Collins is hereby repealed and reenacted in multiple new sections in Division 2 of Article VII, Sections 2-575 through 2-578, to read as follows: Sec. 2-575. Ethical Rules of Conduct - Definitions The following words, terms and phrases, when used in this Division, and in Section 9 of the Charter Article IV, shall have the following meanings: (a) Attempt to influence or influence, as it pertains to this Division, shall mean take any action intended to impact, shape, control, sway, bias or prejudice. (b) Benefit shall mean an advantage or gain. (c) Board and commission member shall mean a member of any appointive board or commission of the City. (d) Confidential information or information received in confidence shall mean: (1) Information contained in any writing that may properly be withheld from public inspection under the provisions of the Colorado Open Records Act and that is marked "confidential" when provided to the officer or employee; (2) All information exchanged or discussed in any executive session properly convened under § 2-31 or 2-71 of the Code, except to the extent that such information is also contained in a public record available to the general public under the provisions of the Colorado Open Records Act; or DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 3 - (3) All communications between attorneys representing the City and officers or employees of the City that are subject to the attorney-client privilege, whether oral or written, unless the privilege has been waived. (e) Councilmember shall mean a member of the City Council. (f) Different in kind from that experienced by the general public shall mean of a different type or nature not shared by the public generally and that is not merely different in degree from that experienced by the public generally. (g) Direct shall mean resulting immediately and proximately from the circumstances and not from an intervening cause. (h) Detriment shall mean disadvantage, injury, damage or loss. (i) Financial interest shall have the meaning given to this term in Section 9(a) of Charter Article IV, which states: Financial interest means any interest equated with money or its equivalent. Financial interest shall not include: (1) the interest that an officer, employee or relative has as an employee of a business, or as a holder of an ownership interest in such business, in a decision of any public body, when the decision financially benefits or otherwise affects such business but entails no foreseeable, measurable financial benefit to the officer, employee or relative; (2) the interest that an officer, employee or relative has as a nonsalaried officer or member of a nonprofit corporation or association or of an educational, religious, charitable, fraternal or civic organization in the holdings of such corporation, association or organization; (3) the interest that an officer, employee or relative has as a recipient of public services when such services are generally provided by the city on the same terms and conditions to all similarly situated citizens, regardless of whether such recipient is an officer, employee or relative; (4) the interest that an officer, employee or relative has as a recipient of a commercially reasonable loan made in the ordinary course of business by a lending institu tion, in such lending institution; (5) the interest that an officer, employee or relative has as a shareholder in a mutual or common investment fund in the holdings of such fund unless the shareholder actively participates in the management of such fund; (6) the interest that an officer, employee or relative has as a policyholder in an insurance company, a depositor in a duly established savings association or bank, or a DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 4 - similar interest-holder, unless the discretionary act of such person, as an officer or employee, could immediately, definitely and measurably affect the value of such policy, deposit or similar interest; (7) the interest that an officer, employee or relative has as an owner of government - issued securities unless the discretionary act of such owner, as an officer or employee, could immediately, definitely and measurably affect the value of such securities; or (8) the interest that an officer or employee has in the compensation received from the city for personal services provided to the city as an officer or employee. (j) Officer or employee shall mean any person holding a position by election, appointment or employment in the service of the City, whether part-time or full-time, including any member of the City Council and any member of any authority, board, committee or commission of the City, other than an authority that is: (1) Established under the provisions of the Colorado Revised Statutes; (2) Governed by state statutory rules of ethical conduct; and (3) Expressly exempted from the provisions of Article IV of the City Charter by ordinance of the City Council. (k) Personal interest shall have the meaning given to this term in Section 9(a) of the Charter Article IV, which states: Personal interest means any interest (other than a financial interest) by reason of which an officer or employee, or a relative of such officer or employee, would, in the judgment of a reasonably prudent person, realize or experience some direct and substantial benefit or detriment different in kind from that experienced by the general public. Personal interest shall not include: (1) the interest that an officer, employee or relative has as a member of a board, commission, committee, or authority of another governmental entity or of a nonprofit corporation or association or of an educational, religious, charitable, fraternal, or civic organization; (2) the interest that an officer, employee or relative has in the receipt of public services when such services are generally provided by the city on the same terms and conditions to all similarly situated citizens; or (3) the interest that an officer or employee has in the compensation, benefits, or terms and conditions of his or her employment with the city. (l) Public body shall have the meaning given to this term in Section 9(a) of Charter Article IV, which states: DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 5 - Public body means the Council or any authority, board, committee, commission, service area, department or office of the city. (m) Public services shall mean city services provided to or made available for the public's benefit. (n) Purchases from the city, as described in Section 9(b)(2) of Charter Article IV, shall not include payments by an employee to the city pursuant to an agreement for housing in which such employee is required to live as a condition of employment with the city. (o) 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. (p) Relative shall have the meaning given to this word in Section 9(a) of Charter Article IV, which states: Relative means the spouse or minor child of the officer or employee, any person claimed by the officer or employee as a dependent for income tax purposes, or any person residing in and sharing with the officer or employee the expenses of the household. (q) Routine City matter shall mean a usual and ordinary registration, reservation, or other request or application, within a program or for public services or City approval, such as a registration for a recreation class, reservation of a park shelter, request for standard utility services or application for a building permit, development approval or variance, or an appeal, provided that the same is carried out using a routine process or system or in a manner consistent with standard practices. (r) Similarly situated citizens shall mean citizens in like circumstances having comparable legal rights and obligations. (s) Substantial shall mean more than nominal in value, degree, amount or extent. Sec. 2-576. Ethical rules of conduct – officers and employees. (a) Use and disclosure of confidential information. The following rules shall apply to the use and disclosure of confidential information by officers and employees of the City. In the event of any conflict among these provisions, the more specific provision shall take precedence over the more general provision. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 6 - (1) No use for personal gain. No officer or employee shall knowingly use information received in confidence as an officer or employee to advance the financial or personal interests of the officer or employee or others. (2) Disclosure of confidential information, generally. No officer or employee shall knowingly disclose any confidential information to any person who is not an officer or employee or to an officer or employee whose official duties are unrelated to the subject matter of the confidential information or to maintaining an official record of such information on behalf of the City, unless such disclosure is reasonably necessary to protect the City from the gross mismanagement of public funds, the abuse of governmental authority, or illegal or unethical practices. (3) Disclosure of confidential information provided to the City Council. All information received in confidence by the City Council shall remain confidential, and no officer or employee shall knowingly disclose any such confidential information to any person to whom such information was not originally distributed by City staff unless and until the City Council has, by majority vote, consented to its release, unless such disclosure is reasonably necessary to protect the City from the gross mismanagement of public funds, the abuse of governmental authority, or illegal or unethical practices. (4) Disclosure of information discussed in executive session. No officer or employee shall knowingly disclose any confidential information discussed in an executive session to any person who was not present during such discussion, other than members of such body who were unable to attend the executive session, without the prior knowledge and consent of the body holding such executive session, unless such disclosure is reasonably necessary to protect the City from the gross mismanagement of public funds, the abuse of governmental authority, or illegal or unethical practices. In the event that a matter discussed in executive session comes before the City Council or a board or commission of the City for formal action at an open meeting, or if such formal action is anticipated, nothing herein shall be construed as prohibiting a member of the body that will be taking such formal action from stating his or her position or opinion with regard to the matter, as long as such statements do not divulge confidential information received from others during the executive session. (5) Certain distribution and discussion by City Manager and City Attorney permitted. Notwithstanding the provisions of Subparagraphs (3) and (4) above, the City Manager and City Attorney may further distribute confidential information provided to the City Council and may disclose confidential information discussed in any executive session of the City Council, or of a Council committee, to such staff members and/or board and commission members as they may consider reasonably necessary to enable them to fully advise the City Council or to implement any direction given by the City Council or to advise other officers and employees of the City whose official duties are related to the subject matter of the confidential information or to maintaining a record of the same on behalf of the City. (6) No disclosure of confidential information to officer or employee having conflict of interest. No officer or employee who has filed a statement of conflict of interest with the DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 7 - City Clerk under Article IV, Section 9 of the Charter, or who has been determined by the City Council under the provisions of Subparagraph g. below to have a conflict of interest, shall knowingly elicit, accept or inspect any confidential information pertaining to the subject matter of such conflict of interest, nor shall any such officer or employee attend or participate in an executive session of the City Council, or of a Council committee or board or commission of the City, pertaining to said subject matter. (7) The City Council may determine that a Councilmember shall not receive confidential information or attend executive sessions on a particular topic if the City Council first determines that said Councilmember has a conflict of interest in the subject matter of such confidential information and/or executive session. Any such determination by the City Council shall be made only after the City Council has received an advisory opinion and recommendation of the Ethics Review Board on the question, rendered in accordance with the provisions of § 2-579. (b) All officers and employees shall refrain from accepting payment for any speeches, debates or other public events and shall further refrain from accepting any gift or favor which, in the judgment of a reasonably prudent person, would tend to impair the officer's or employee's independence of judgment in the performance of his or her official duties. The following shall not constitute prohibited gifts or favors under this Section: (1) Campaign contributions reported as required by Chapter 7, Article V of this Code; (2) A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; (3) Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which an officer or employee is scheduled to participate; (4) Reimbursement for or acceptance of an opportunit y to participate in a social function or meeting which is offered to an officer or employee which is not extraordinary when viewed in light of the position held by such officer or employee; (5) Items of perishable or nonpermanent value that are insignificant in value, including, but not limited to, meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events; and (6) Payment of salary from employment, including other employment in addition to that earned from being an officer or employee. (c) 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 DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 8 - 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. Sec. 2-577. Additional ethical rules of conduct – board or commission members (a) In any action in which a member of a City board or commission ("member") declares a conflict of interest or is prohibited from participation pursuant to subsection (7) below, or for any other reason, such member shall not communicate to or attempt to influence such board or commission regarding such item, in any capacity, except that: (1) the member may communicate with said board or commission to protect a strictly personal interest, in the same or similar ways in which the public is permitted to communicate with the board or commission. (2) the member may prepare materials on behalf of another for a project in the normal course of business or operation, so long as the purpose of those materials is not directly and substantially related to advocacy before said member's board or commission. Those materials may be included in materials submitted by another to said member's board or commission so long as they fall within this exception. For illustrative purposes, such materials may include, but are not necessarily limited to architectural plans, technical studies, and engineering designs. (3) if a member is precluded from participating in or influencing the decision of their board or commission, they may request a variance from the limitations of this subsection from the City Council in the following circumstances, and in the following manner: a. The member must submit a request for a variance to the City Clerk on a form provided by the City Clerk for such purpose. b. The member must demonstrate that without the variance, they would suffer an exceptional hardship, and that no reasonable alternative exists that would allow for that hardship to be avoided or substantially mitigated; c. The City Council must act by resolution to approve or disapprove the requested variance. (4) This limitation does not apply to persons other than the member who are affiliated with that member's firm or entity, and such other persons, but not the member, may continue to work on the project and may advocate to such member's board or commission, provided that the member complies with the applicable requirements and limitations. (5) Additional limitations on participation. a. No member of a Quasi-Judicial Commission, as defined in Article III of this Chapter 2, who has participated or intends to participate as a member of the public, or on behalf of another person or entity, to provide input or public comment as part DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 9 - of a City process about a particular proposal or project for which a City review, permit or approval is required (such as, for example, speaking at a neighborhood meeting for a development project or appearing at an administrative hearing for a project), is allowed to participate in that process in their role as a board or commission member. 1. In the event such input or public comment has been provided, or is expected to be provided, the commission member must promptly provide written notice to the City Clerk that they are required to refrain from participation in their role as a commission member in the City process or decision. 2. The commission member must also provide the required notice to the chair of the commission of which they are a member. b. The prohibitions and requirements of this subsection (5) apply whether or not a conflict of interest is presented or has been declared and are in addition to, and not in place of, the requirements applicable to any officer or employee in the event of a conflict of interest. c. No member of a Quasi-Judicial Commission, as defined in Article III of this Chapter 2, may provide input or public comment on behalf of that commission as part of a City process about a particular proposal or project for which a City review, permit or approval is required, except as expressly authorized and directed by such commission. Sec. 2-578. Additional ethical rules of conduct – mayor and council members. (a) With respect to any matter regarding which a Councilmember has declared a conflict of interest, said Councilmember is prohibited from discussing with, or otherwise attempting in any capacity to influence, directly or indirectly, any City officer or employee, and from representing any person or interest before the City Council or any board of commission of the City or in dealing with any City officer or employee, except that such Councilmember may represent with any City employee or before the City Council or a board or commission of the City his or her own interest or that of a relative provided said Councilmember does not violate § 2-577. (b) 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 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. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 10 - (c) Notwithstanding the provisions of § 1-15 of the Code, an alleged violation of the provisions of this Division by a member of the City Council shall not be prosecuted in the Municipal Court as a misdemeanor criminal offense but shall instead be referred to the Ethics Review Board for an advisory opinion and recommendation under the provisions of § 2-579. (d) With respect to any Councilmember serving as a liaison to a board or commission, such Councilmember must not direct the board in its activities or work. A liaison’s role is to serve as a contact rather than an advocate for or ex-officio member of the board or commission. Section 4. That Section 2-569 of the Code of the City of Fort Collins regarding the Board of Ethics is hereby moved to Division 2 of Article VII and renumbered to Section 2-579, with all internal references renumbered accordingly. Section 5. That Chapter 2, Article VII, Division 2 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 2 -580 which reads in its entirety as follows: Sec. 2-580. Code of Conduct formal complaint and resolution process. (a) Definitions (1) Appointee shall mean any person who is serving on a Council-appointed board or commission. (2) Code of Conduct shall mean the “Code of Conduct” appliable to City board and commission members and members of the City Council, and adopted by the City Council by resolution or ordinance, as amended from time to time. (3) Colorado Open Records Act shall mean C.R.S. §§24-72-200.1, et. seq, as the same may be amended from time to time. (4) Members shall mean any appointee or City Councilmember. (5) Liaison shall mean the councilmember appointed to serve as council liaison to a given board or commission. (b) The City Council encourages any person who is a witness to a violation of the Code of Conduct to immediately bring the violation to the attention of the City, in accordance with the following procedures. (c) Confidentiality and Privacy Interests. (1) Members must be accountable to the City Council, the City organization and the public they serve. The public deserves to have access to some information about complaints and complaint trends, but this must be balanced with the needs of the parties to have a safe, fair, and impartial process with appropriate confidentiality. The complaint resolution DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 11 - process is a confidential process. Those involved in the complaint process must ensure that reporting parties can communicate privately and confidentially with them in discussing their complaints. Complaints and information about the investigation must be kept confidential by all parties, witnesses, those who handle the complaints, and those who recommend discipline or remediation, to the fullest extent possible. Information received through the complaint process shall not be disclosed pursuant to an open records request except in accordance with the Colorado Open Records Act. (d) Complaints. (1) Any person who believes that a member has violated any provision of the Code of Conduct may file a complaint with the City Clerk. Complaints may be filed by any member, a City staff person, a City contractor or vendor, or a person whose employment gives them access to or contact with the board or commission at issue or the City Council. (2) The complaint must contain all facts available to the reporting party regarding the alleged violation. (3) No action may be taken under this section on any complaint that is filed later than twelve months after discovery of the facts supporting an allegation that a violation of the Code of Conduct has occurred. (4) Upon receipt of the complaint, the City Clerk shall immediately notify the City Manager’s Office, the member named in the complaint, the City Council, and the City Attorney. Each complaint shall name only one individual as its subject. (5) The City Attorney or City Manager or their designee shall review the complaint to determine whether the alleged misconduct falls within the scope and purpose of the Code of Conduct and whether the complaint warrants investigation in light of commonly known and documented facts and circumstances. If investigation is warranted, the City Attorney shall develop facts relevant to the complaint and interpret and apply the provisions of the Code of Conduct. The City Attorney may select and retain one or more qualified attorneys to review complaints as his or her designee. (6) After investigation, the City Attorney shall issue written findings of fact and conclusions of law to the City Council, which shall be filed with the City Clerk and available for public inspection. (d) Sanctions and Remedies for Violation. (1) If the party conducting an investigation pursuant to this section finds that a member has violated any provision of the Code of Conduct, the City Council may take any of the following actions: a. In the case of a City Councilmember, a motion of censure or a motion to remove the particular Councilmember from the role of liaison; DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 12 - b. In the case of an appointee, removal from the applicable board or commission; c. In the case of a member: i. Issue verbal or written direction (for appointee) or encouragement (for member) to cease the violative conduct; ii. Direct (for appointee) or encourage (for member) corrective training; or iii. Require the violator (for appointee) or encourage (for member) to issue a written or verbal apology to the reporting party if the latter consents to such an apology. iv. Any other actions determined appropriate by City Council. d. While a violation of the Code of Conduct shall not constitute a violation of the City Code, as such, this provision is not intended to impair or supersede such other action as may be appropriate under applicable state statutes, the City Charter, ordinances, resolutions, or rules and policies of the City or City Council. Section 6. That Sections 2-568 and 2-569 of the Code of the City of Fort Collins are now held in reserve. Section 7. That all references in the Code of the City of Fort Collins to Section 2 -568 or Section 2-569, or any portions thereof, shall be renumbered in accordance with the new section numbers assigned to those provisions in this Ordinance. Introduced, considered favorably on first reading and ordered published this 5th day of September, 2023, and to be presented for final passage on the 19th day of September, 2023. Mayor ATTEST: City Clerk DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 - 13 - Passed and adopted on final reading this 19th day of September, 2023. Mayor ATTEST: City Clerk DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Fort Collins is a generous community, and the City of Fort Collins has a long and trusted relationship with charitable giving. In 2019, the City launched a series of interviews with community donors including individual donors, businesses, foundations, and service leagues. Consistent themes were captured in the feedback and input: • The City is “hard” to give to because the process varied wildly from department to department. • There was no relationship continuity from project to project; • Duplicated or competing asks were received from different departments and/or projects. Yet, we also heard the City of Fort Collins had a valuable role in the community’s philanthropic landscape, which is very unusual and atypical for municipalities where philanthropy is only now emerging as a pathway toward successful community co-creation. Few models for municipal philanthropy exist: Mayors Fund’s in large metropolitan areas with strong mayor governance, partnerships with Community Foundations, and separate 501(c)3s. After exploring these philanthropic models, the City of Fort Collins developed its own: City Give, an in-house operational model for the internal orchestration and financial stewardship of charitable gifts. The City of Fort Collins has created multiple layers of accountability and transparency for donated funds and the projects receiving donated funds. Our unique model is rooted in the City’s financial governance and creates an organized, transparent structure for the strong oversight of philanthropic gifts is a priority. A&Q March 2024 CAN A DONOR MAKE AN ANONYMOUS GIFT? The City of Fort Collins does not accept anonymous gifts. The City will work diligently to protect and maintain the confidentiality of a donor’s name and privileged information at a donor’s request. However, the City of Collins as a public institution, may be legally required to provide details of a charitable gift under the Colorado Open Records Act in Title 24, Article 72, Part 2 of the Colorado Revised Statutes (CORA). IS THIS A WAY FOR DONORS TO CREATE PET PROJECTS WITH THE CITY? No, charitable giving is not a political vehicle or beyond the scope and transparency of public oversight. Philanthropic gifts must reflect the priorities and needs of the City of Fort Collins, and align with City Plans and strategic objectives. IS A DONATION TO THE CITY OF FORT COLLINS TAX DEDUCTIBLE? Yes. Per IRS code 26 U.S.C. 170(c)(1), a gift to a local government entity is tax deductible if the gift is for public purpose. All donors receive a charitable tax receipt verifying each gift. IS COMMUNITY GIVING A “WORK AROUND” TO FILL GAPS IN THE CITY’S OPERATING BUDGET? No, but community needs are always deeper than any City’s budget. Charitable gifts are a vehicle to expand and enrich City programs and services: from youth recreation to public art, from neighborhood park improvements to urban gardens, from the performing arts to the preservation of open spaces. FOR CITY COUNCIL MEMBERS DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 DOES CITY GIVE ALLOW SPECIAL INTERESTS TO ACCELERATE PROJECTS WITHIN THE CITY’S MASTER PLANS? Donations will only be accepted when they align with Master Plans and the City’s strategic objectives, not to change or elevate priorities. Yet, grants, charitable giving, and donations can support the City in accomplishing the goals in respective Master Plans. Donative opportunities can help move projects along, but not all projects are good candidates for donations. Donative funding strategies to support the Master Plan can relieve funding pressure on projects that may not be good candidates for grants or contributions. WHAT ROLE DO ELECTED OFFICIALS PLAY IN CHARITABLE GIVING? Elected officials are advocates for community priorities and professional priorities. To avoid perceptions of behesting and exerting political, City Council members will not be asked to participate in City Give campaigns, fundraising activities, or requests for charitable gifts. City Give collaborates with the City Manager’s Office to coordinate the many invitations the City receives from community partners, nonprofits, and service organizations. As many nonprofit events are fundraisers, tickets will be purchased by the City and then made available to the ideal City representatives including Council members, City leadership and/or staff. DOES CITY GIVE CHARGE A FEE ON CHARITABLE GIFTS? No. City Give or the City of Fort Collins does not charge administrative or service fees to charitable gifts. 100% of all gifts to the City go fully and directly to the project or program you choose. HOW DOES PHILANTHROPY SUPPORT COMMUNITY EQUITY? All charitable gifts are designated by the donor toward City Plans and strategic objectives. While a single gift may not be for the benefit of every resident, the City’s Master Plans and Strategic Objectives—the prerequisite for accepting donations—represent an ecosystem deeply committed to an equitable Fort Collins. City Give is an “in-house” approach to philanthropy and allows the City to respond to strategic priorities and community needs that fall outside the city budget but are well-positioned for private funding. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes Here Julie Pate, ESQ Employment Compliance Solutions LLC Understanding and Preventing Harassment The Mayor and City Council are committed to providing an environment that exemplifies the highest standards of behavior and is known for its honesty, inclusivity, and transparency. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereToday’s Goals 1.Explore the legal framework of discrimination and harassment 1.Understand the Council’s Anti- Discrimination and Anti- Harassment Policy 1.Understand the Code of Conduct 1.Apply the ADAHP and/or the Code of Conduct DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes Here •This Policy embodies the City Council’s commitment to prevent and address discrimination; harassment, including sexual harassment; and retaliation. •The Mayor and City Council are committed to providing an environment that exemplifies high standards of behavior, treats others with dignity and respect, and is known for its honesty, inclusivity, and transparency. •Conduct that does not clearly fall into the realm of conduct prohibited by this Policy but is inconsistent with these values may be a violation of the Council-adopted Code of Conduct. The ADAHP ADAH Policy Code of Conduct Criminal Conduct Ethics DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereWho the Policy Applies to: •The City of Fort Collins City Council •Appointed Officials, including: •City Manager •City Attorney •Chief Municipal Judge •Municipal Judges •City Board or Commission Members •Policy applies at all times in the performance of City governance or operations, at City-sponsored activities, and in all interactions between members of the City Council, Appointed Officials, and City employees and contractors DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereDiscrimination Occurs When: 5 A person covered by this policy experiences an adverse official action based on one or more of that person’s protected characteristic(s). DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereUnwantedHarassment is: •Unwelcome •Physical, verbal, or written conduct (any act thereof) •Directed at a person or group based on their protected status •Subjectively offensive to the individual alleging harassment •Objectively offensive to a reasonable individual who is a member of the same protected class •Viewed under the totality of the circumstances DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereThe Totality of the Circumstances Includes: •Frequency •Duration •Location of the conduct or communication •Number of individuals involved •The threatening nature of the conduct •The power differential between the parties involved •Whether the conduct is threatening, involves epithets or slurs, or reflects stereotypes 7 DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereOnly Actionable If: 1.Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual’s employment or continued role; or 1.Submission to, objection to, or rejection of the conduct or communication is used as a basis for official action decisions affecting the individual; or 1.The conduct or communication has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment Only Actionable if:DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereScenario One: In a commission meeting, Becca asked to be identified by the pronouns they and them. To be inclusive, Becca asked everyone to go around the room and identify their own pronouns. John refused to identify a pronoun. Over the next few months, when working on commission projects with Becca, he uses the pronouns she and her when referring to Becca. Becca calls him out on it. He apologizes and promises to do better. Two months later, they have the same conversation, because John continues to use the incorrect pronouns. •Is this behavior Discrimination? Harassment? •Does it violate the Policy? DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes Here ILLEGAL HARASSMENT POLICY VIOLATION ILLEGAL HARASSMENT POLICY VIOLATION Harassing conduct does not have to rise to the level of an unlawful hostile work environment to warrant corrective action under this policy. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereScenario Two: Jess is new to the commission. Over a few months, Jess has gotten an opportunity to get to know the other commission members. Jess and John both have the same age children. They both attend their kids' sporting events, where they run into each other occasionally. During one sporting event, they sat together. While chatting about their families, Jess talks about being gender non-binary. Having no experience with that, John asks Jess questions about sexual orientation, sexual preference, and biological sex. Jess is uncomfortable but answers John’s questions. At the next meeting, before Jess arrives, John tells the other commission members about his conversation with Jess. After the meeting, Susan and John have more in-depth conversations about Jess’s gender identity. Susan talks to a City employee she is friends with about Jess. •Is this behavior Discrimination? Harassment? •Does it violate the Policy? DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereReporting Concerns The City Council encourages any person who is the subject of or witness to a violation of this Policy to immediately bring a complaint, so it may take proper steps to investigate and address the issue. Complaint Contacts are as follows: •For a complaint about the City Manager, City Attorney, and/or Chief Judge, contact the Mayor or the Human Resources Executive •For a complaint about a City Councilmember, contact the Human Resources Executive •For a complaint about a Board and Commission member, contact the City Manager, Deputy City Manager, Assistant City Manager, Service Area Director, Service Unit Director, City Attorney, or Deputy City Attorney DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereAction by Complaint Contact •A Complaint Contact must take prompt action upon becoming aware of a complaint. •A Complaint Contact who receives a report must document: •Date •Time •The form of communication in which the complaint was received (by phone, in person, email, text message, etc.), •The substance of any communication about the complaint •Any steps taken •The Complaint Contact must transmit complaints that fall under the Policy to the Human Resources Executive, the City Attorney, and the City Manager, unless any of those people are the Respondent, in which case notify the other two. •A screening process will be used to ensure that the alleged misconduct falls within the scope and purpose of this Policy, assuming the allegations are true. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereScreening and Investigation Process •The appropriate people (based on who the Complaint is against) will obtain from the Reporting Party a complete description of the conduct that allegedly violates the Policy. If that conduct would violate the policy if true, then the allegations will be referred for investigation and the Complaining Party will be notified. •If the alleged violation clearly does not fall within this Policy, a confidential written summary of the basis for not referring the matter for investigation is placed in the file. If the allegations are not referred for full investigation, the Complaining Party will be notified both in person and in writing that the allegations were reviewed as a screening matter and determined not to fall within the scope of this Policy. •The City Council will be notified that an investigation is underway. •Complaints that, if true, violate this Policy must promptly be referred to a third-party investigator (preferably a lawyer that specializes in workplace investigations) to conduct interviews with all individuals with knowledge of relevant facts, and to perform such other actions as are necessary to ensure a complete investigation of all allegations and a fair process for all involved. •Once the investigation is deemed complete, the investigator shall prepare a written report indicating whether the allegations in the complaint are sustained or not sustained. •Every effort will be made to complete an investigation in 60 days. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes Here10-minute breakDocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes Here Jess learns of Susan’s conversation with the City employee. Jess is upset, because John is the only person at the City that they talked to about being non-binary. Jess reports John and Susan to HR and the City Attorney. An investigation is undertaken, which resulted in Disciplinary and Remedial Action against John and Susan. John and Susan are mad and start making disparaging remarks any time Jess’s name comes up in conversation. They start excluding Jess from networking events that they are attending on behalf of the commission. •What concerns do you have? •Does this violate policy? Scenario Three:DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereRetaliation •The City Council strictly prohibits retaliation. •Retaliation means an act of punishment, reprisal, or revenge that is taken against a person because he or she reported a form of harassment prohibited under the Policy, prevented unlawful practices, or participated in an investigation of an alleged act of harassment. •For purposes of retaliation, an action is materially adverse if it is harmful to the point that it would dissuade a reasonable employee from making a complaint of discrimination. •Retaliation can take place on City locations or elsewhere. Harassing conduct does not have to rise to the level of an unlawful hostile work environment to warrant corrective action under this Policy. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes Here •Timing is always an issue in a retaliation claim •Retaliation is a separate cause of action, meaning the plaintiff can prevail even if the underlying discrimination claim is lost •Check in consistently to make sure no retaliation is happening Retaliation (cont.)DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereDisciplinary and Remedial Action Against a Council Member •Upon completion of the investigation by a third-party investigator, the City Attorney will inform the Human Resources Executive, the City Manager, the Reporting Party, and the Respondent of the pertinent findings. •The City Attorney, the Human Resources Executive, and the City Manager will send the confidential investigative report to each member of the City Council with a cover letter that contains recommendations to remedy the harassment, discrimination, or retaliation. •Alternatively, the City Attorney shall present the investigator’s written report to the City Council in executive session. •Upon receipt, the Respondent must immediately endeavor to comply with recommendations. •The City Council may consider and direct any or all of the following actions in response to a finding that a complaint of harassment, discrimination, or retaliation is sustained: 1. Adopt a resolution finding that an individual covered by this Policy violated this Policy 2. Direct or encourage additional corrective training 3. Such other action as is consistent with its authority under applicable state statutes, the City Charter, ordinances, resolutions, or rules and policies of the City Council •Any Council Member at any time may initiate a motion for censure of a Respondent Council Member. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereDisciplinary and Remedial Action Against an Appointed Official •Any Respondent found to have engaged in harassment, discrimination, or retaliation prohibited by this Policy is subject to appropriate disciplinary action. •The City Council shall consult with the appropriate people regarding disciplinary actions that are commensurate with the severity of the offense. •Disciplinary action can include, but is not limited to, demotion or termination. Other remedial measures may include: 1. Verbal or written direction to cease the offensive behavior 2. A written or verbal apology to the Reporting Party if the Reporting Party consents to the apology 3. Resources and support to Reporting Party 4. Education and training for the Appointed Officials •In any case, a written record of any action taken on the complaint, or any determination to take no further action on the complaint, shall be prepared in connection with a given complaint and kept with the report of investigation. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereConfidentiality and Privacy Interests •Members of the public deserve to have access to some information about complaints and complaint trends, but this must be balanced with the needs of the parties to have a safe, fair, and impartial process with appropriate confidentiality. •The complaint resolution process is a confidential process. Complaint contacts must ensure that reporting parties can communicate privately and confidentially in discussing their complaints. •Complaints and information about the investigation must be kept confidential by all parties, witnesses, those who handle the complaints, and those who recommend discipline or remediation, to the fullest extent possible. •The confidential investigation report or any records of complaints of sexual harassment, and any sexual harassment investigations, shall not be disclosed pursuant to an open records request except in accordance with Colo. Rev. Stat. §2472204. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereDocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereCode of Conduct The high quality of life we enjoy requires a city that is safe and where all individuals are treated with dignity and respect. The Mayor and City Council are committed to providing an environment that exemplifies the highest standards of behavior and is known for its honesty, inclusivity, and transparency. Our elected officials and those they appoint believe that how they treat others is a direct reflection of our collective character. The City Council appoints individuals who: •Comply with both the letter and the spirit of the laws and policies affecting operations of boards and commissions •Are independent, impartial, and fair in their judgment and actions •Participate in assigned duties and functions for the public good •Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility toward each other, City staff, and members of the public •Learn and understand the legal and ethical requirements that apply to public officials and processes DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereCode of Conduct Responsibility Integrity Respect DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereRespect -Scenario: Dawn and Amy have both been on the Council for a few years now. Over those years, they have gotten to a space where they really don’t care for one another. They disagree on many items that come before the Council, and both have very strong opinions and beliefs. Recently, when Dawn is talking, Amy has begun crossing her arms, rolling her eyes, and shaking her head in opposition to what Dawn is saying. When Amy voices her opinion on matters, she talks down to Dawn. She has insinuated that Dawn, due to her background, is not smart enough to understand the points that Amy is making. This rift between Dawn and Amy has created a divide on the Council, and the other members have started taking sides. •Does Dawn and/or Amy’s behaviors violate the Code of Conduct? •If so what provision(s) of the Code are applicable? •What can be done to correct this issue? DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereRespect Code Provisions •Continue respectful behavior among Members and City staff when communicating in private. The same level of respect and consideration of differing points of view should be maintained in private conversations •Respect fellow Members, staff, and the public by treating all with patience, courtesy, and civility at all times during the performance of official duties, regardless of differences of opinion •Avoid making personal, profane, vulgar, slanderous, humiliating, intimidating, or harassing remarks that disturb, disrupt, or impede the conduct of the meeting or the completion of the meeting agenda. Similarly, abusive language, intimidation, threats of violence or harm, or racial or ethnic slurs directed at any person or group of persons are prohibited. Members are expected to know that problematic behavior can cause the targets of behavior to feel threatened, humiliated, or intimidated, and such conduct is detrimental to the proper functioning of a public body. Members are expected to avoid publicly ridiculing or insulting fellow Members, members of the public, and City staff. •Act in furtherance of the principle that healthy discourse occurs when individuals of all backgrounds and personalities are allowed to respectfully speak candidly about matters of interest, ask difficult questions, challenge ideas and propositions, and work together toward optimal solutions in a respectful manner •Explain to a person who engages in disrespectful treatment that the behavior is disrespectful and, if the person who is the target of the behavior feels comfortable doing so, ask that they discontinue the behavior. If this does not change the behavior, the person who believes they are being treated disrespectfully is strongly encouraged to report the behavior using the process described in Fort Collins Municipal Code §2-580. •Report behavior that is disruptive, humiliating, intimidating, or threatening or otherwise in violation of this Code of Conduct in the performance of City business, at City-sponsored events, and in all interactions between members, City staff, or the public to the staff liaison and the Boards and Commissions Coordinator. Complaints of such behavior will be processed following procedures in the Fort Collins Municipal Code. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereIntegrity -Scenario: The board decides that it should take a weeklong retreat together to Vail so that they can bond with each other and work on various board items without interruption. Their budget has funds they feel would be appropriate to use for this retreat. The agenda calls for working in the mornings and skiing in the afternoons, then dinners out at expensive restaurants. During the retreat in Vail, Steve points to information he has heard through the rumor mill at his kid’s school about a specific vendor the board is considering using. Steve urges the board to not work with this vendor based on the rumors he has heard. The board decides to go ahead and contract with that vendor. Steve disagrees with the decision the board made. Steve starts telling City employees his opinion on the matter and how the board did not consider his points when making the decision. Steve later posts his dissatisfaction on this decision on social media. •Does Steve’s action violate the Code of Conduct? •If so, what provision(s) of the Code are applicable? •What can be done to correct this issue? DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereIntegrity Code Provisions ●To uphold the standards of integrity and honesty with the intention of using true and accurate evidence and/or statements in the decision-making process and making decisions based on the best interest of the City and its residents ●Avoid all ex parte communications (communications with anyone about a pending issue including communication with City staff) about quasi-judicial matters ●Make decisions based on the merits of the issue, while treating all persons and decisions in a respectful and equitable manner and committing to conducting business in a way that exemplifies transparency and open communication ●Respect the legitimacy and authority of decisions that have been finalized -regardless of personal position on the matter. ●(For Appointees) Strive to represent the official policies and positions of their board or commission when serving in the member role. When presenting their personal opinions or positions in a public meeting, such as a City Council meeting, Appointees shall explicitly state that they are not representing their board or commission or the City. ●(For Appointees) Avoid actively participating in matters that interfere with a quasi-judicial commission member’s ability to remain impartial in making decisions ●To use public resources (e.g., staff time, equipment, supplies, or facilities) appropriately and in a manner that fosters stewardship of the taxpayer and ratepayer dollar DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereResponsibility -Scenario: Darwin believes that his commission has gone rogue and is attending to matters that are outside the scope of their function. Darwin has brought the matter up to the commission and they have ignored his concerns. Darwin has secretly started tape recording the portions of the meetings where the matter is discussed. He has been texting his friends those recordings, along with disparaging comments about his fellow commission members. Darwin has decided that when the commission is going to discuss these matters, he is going to leave the meeting. Over time, it has gotten to the point where Darwin stops coming to commission meetings any time those matters are on the agenda. The commission is glad to have Darwin not attending, as their meetings go smoother without him. •Does Darwin’s action violate the Code of Conduct? •If so, what provision(s) of the Code are applicable? •What can be done to correct this issue? DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereResponsibility Code Provisions ●To conduct business of their board or commission that is within the scope of the specific board or commission functions as described in the Fort Collins Municipal Code ●To perform Council liaison assignments and duties as described in the Fort Collins Municipal Code ●Familiarize themselves with, acknowledge in writing, and comply with established policies and laws, as applicable: ○The City of Fort Collins Boards and Commissions Manual ○Colorado’s Sunshine Laws regarding open meetings and public records –as outlined in the Council Resource Guide ○The City of Fort Collins Charter and Municipal Code; specifically, the ethical rules of conduct and the open meetings, remote meetings, notice and minutes of meetings, board or commission action and attendance requirements (see Fort Collins Municipal Code §§2-71 through 2-79) ○The City Council-adopted Anti-Discrimination and Anti-Harassment Policy, which prohibits harassment, discrimination, and retaliation based on a person’s protected characteristics DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereResponsibility Code Provisions ●To be aware of the open records requirement that applies to written notes, calendars, voicemail messages, and e-mail. All written or recorded materials including notes, voicemail, text messages, and e-mail that discuss or touch on public business or the functions of the board or communication will likely be subject to disclosure to a requesting party. ●Appointees are encouraged to meet with their Staff or City Council liaison to discuss any concerns regarding work that may be outside the scope of designated functions, conflicts of interest, appearance of impropriety, ex parte communications, or gifts. Appointees must make disclosures to the City Clerk’s Office as appropriate under the circumstances. ●Attend meetings of your board or commission. Because contemplation, deliberation, and decision- making require collaboration and participation, Appointees are expected to attend their meetings. Appointees must comply with attendance requirements described in Fort Collins Municipal Code §2- 79. Appointees commit to attend any required trainings and even suggested trainings that enhance a member’s ability to serve. DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes HereConsequences for Violations of the Code of Conduct Appointees may not be reappointed and are subject to censure or dismissal by the appointing authority for misconduct, nonperformance of duty, or failure to comply with the Code of Conduct, applicable policies, and the Fort Collins City Charter and Municipal Code. Minor Major DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Headline Copy Goes Here What questions do you have? DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 City Council Ethics -Overview 4-1-24Jenny Lopez Filkins, Deputy City Attorney DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 •Prohibits officers (and employees) from voting on or attempting to influence any decision in which they have a financial or personal interest (conflict of interest) •Financial Interest = generally, a decision entails some foreseeable, measurable benefit or detriment to the officer or their relative •Personal Interest = generally, a decision a reasonably prudent person would find to cause the officer or their relative to experience some direct and substantial benefit or detriment different in kind than would the general public •This excludes an interest from service on board of a nonprofit, educational, religious, charitable, fraternal or civic organization or of a governmental entity 35City of Fort Collins Ethics –City Charter DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Upon discovery of a conflict of interest, the officer must file a completed disclosure form with the City Clerk. 36City of Fort Collins Ethics –City Charter DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 •Prohibits Councilmembers from dealing with or directing City staff except through the City Manager, “except for purposes of inquiry” •Prohibits Councilmembers or their relatives from: •Having a financial interest in any sales to the City •Making purchases from the City, except when the property is offered for sale at an established price and not by bid or auction, and on the same terms and conditions as to all members of the general public 37City of Fort Collins Ethics –City Charter DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 38City of Fort Collins Ethics –City Charter Potential Consequences: •Violation of the Charter is a misdemeanor offense. •Penalties for violation the Charter include: •Fine or imprisonment •Loss of office and ineligibility for City office or employment for 2 years DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 Special Consideration or Treatment: •Prohibits officers (and employees) from seeking (for themselves or their relatives) special consideration, treatment or advantage in the interpretation, administration, or enforcement of the Charter, Code, City regulations, policies, programs or services •Requires Councilmembers to report contacts with City officers or employees about a matter that is not routine and not within their role on Council •no later than 5:00 p.m. the next business day •The report may be by email and must go the City Clerk, City Manager and all of Council •The report must include date, time, general subject matter of the contact, and who was contacted •(City Personnel Policy) 39City of Fort Collins Ethics –City Code DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 40City of Fort Collins Ethics –City Code Confidential Information: •Prohibits officers (and employees) from disclosing confidential information, including confidential information received in executive session, or using that information for private gain of Councilmember or other person DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 •Prohibits Councilmembers from accepting honoraria (compensation for speech or for participation in public events as a City official) •Prohibits officers (and employees) from accepting a gift or favor if it might be construed as compensation for an official decision or would tend to impair independence of judgment in official duties •The Code excludes: •Nonpecuniary awards for public service •Reimbursement for expenses to attend work conferences and meetings •Invitations to social functions or meetings that are not extraordinary when viewed in the light of the person’s role •Perishable or nonpermanent items that insignificant in value (such as meals, lodging, travel expenses, tickets to sporting, recreation, educational or cultural events) •Salary from outside employment 41City of Fort Collins Ethics –City Code DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 •The City Code requires Councilmembers to report any gifts, honoraria or other benefits in connection with their public service each quarter (on or before the 15th of January, April, July and October) of each year using a form provided •Of special note: •Gifts received by the City and provided to City officers and employees by the City in most cases will not be considered gifts •Admission to event attended on behalf of the City will generally not be considered a gift •The City Manager’s Office, working with City Give, receives invitations on the City’s behalf and will arrange for City officers and employees, including Councilmembers, to attend •The City Code requires Councilmembers (and the City Manager and City Attorney) to file a financial disclosure no later than January 10 each year 42City of Fort Collins Ethics –City Code DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 •Colorado Statutes: •Contain similar prohibitions on using public office for private gain as in City Charter •Prohibit abuse of public office (soliciting, accepting or agreeing to accept compensation to influence the performance of official duties) •Prohibit misusing official information for personal financial benefit •Colorado Constitution: •Title XXIX (“Amendment 41”) –Ethics in Government expressly excludes home-rule cities with their own ethics provisions from its requirements •The Colorado Independent Ethics Commission has its own interpretation of this provision that has been the subject of some dispute •Gift limits under this provision –currently $75 -provide a point of comparison 43City of Fort Collins Ethics –State Law Provisions DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 44Ethics Review Board •Formed as a Committee in 1981; added to the City Code in 1989 •Three members of Council and an alternate; generally appointed for two- year terms after each election •Current members are: Mayor Arndt, Councilmembers Pignataro and Canonico, and Councilmember Gutowsky (alternate) •Functions include: •Hear complaints of unethical conduct filed against Councilmembers and board and commission members •Review and investigate actual or hypothetical potential conflicts, and render advisory opinions and recommendations (for consideration by Council) and •Propose revisions to the Charter or Code or related regulations, rules or policies, pertaining to ethical conduct DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 •First step for complaints about board or commission members is screening review by the Ethics Review Board to evaluate and determine by majority vote whether further investigation is warranted •Screening considerations are stated in the Code (see slide 47) •If complaint merits investigation, Ethics Review Board conducts an investigation and hearing on the complaint •Based on its investigation, Ethics Review Board adopts Ethics Opinion as to whether a violation occurred •Ethics Opinion is then presented for Council consideration and adoption by resolution 45Ethics Complaint Process Complaint Process –re Board or Commission Member: DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 •First step is screening review by a qualified outside attorney (among slate selected periodically by City Attorney) to determine whether screening criteria are met (see slide 47) and further investigation is warranted •If further investigation warranted, notice of determination and City Attorney arranges for investigation by same or other outside attorney (from slate) •Investigating attorney investigates, makes factual determinations and a recommendation to the Ethics Review Board •Ethics Review Board considers recommendation and hears from complainant and subject, then issues an opinion for Council consideration 46Ethics Complaint Process Complaint Process re Councilmember: DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 1.Lack of Council jurisdiction over the subject 2.The allegations in the complaint, if true, would constitute a violation of relevant ethics rules 3.The allegations in the complaint were previously considered or resolved 4.The alleged violation if found would be minor and action not justified 5.The alleged actions were one year or more prior to complaint 6.The complaint is on its face frivolous, groundless or for the purpose of harassment 7.The alleged violation is unlikely to shown by a preponderance of the evidence due to lack of verifiable evidence 8.The matter is moot because the subject is or will no longer be a City official 9.The subject obtained an advisory opinion about the identified conduct or 10.The City Council has referred the complaint to another agency for action 47Ethics Complaint Process Complaint Screening Criteria: DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95 DocuSign Envelope ID: 66BF00D9-F6A6-489E-AD51-D47A35D1DA95