HomeMy WebLinkAboutAgenda - Mail Packet - 11/7/2017 - Ethics Review Board Meeting Agenda - November 7, 2017City of
FortCollins
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City Attorney's Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6520
970.221.6327
fcgov.com
AGENDA
Ethics Review Board Meeting
City Attorney's Large Conference Room
Garden Level, City Hall (300 Laporte Avenue)
November 7, 2017
(4:00 p.m.)
1. Review and Approval of the March 21, 2017 Minutes of the Ethics Review
Board.
2. Review of recommended amendments to City Code Section 2-568(c)(2) in
preparation for Council consideration.
3. Other Business.
4. Adjournment.
f
Fort Collins
PUBLIC NOTICE
City Attorney's Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6520
970.221.6327
fcgov.com
Notice is hereby given that the City Council Ethics Review Board will meet on Tuesday,
November 7, 2017, at 4:00 p.m., in the City Attorney's Large Conference Room at City Hall,
located at 300 Laporte Avenue, City Hall West, Fort Collins, Colorado. The purpose of the
meeting will be to discuss and address the following agenda items:
1. Review and Approval of the March 21, 2017 Minutes of the Ethics Review
Board.
2. Review of recommended amendments to City Code Section 2-568(c)(2) in
preparation for Council consideration.
3. Other Business.
4. Adjournment.
As the majority of Council may attend this meeting, the meeting is also being regarded as
a meeting of the City Council for the purposes of this notice.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs, and activities and will make special communication arrangements for
persons with disabilities. Please contact the City Attorney's Office to arrange for such services
at 970-221-6520. Auxiliary aids and services are available for persons with disabilities. V/TDD:
Dial 711 for Relay Colorado.
Fort Collins City Attorney
Posted: November 2, 2017
(970) 221-6520
Agenda Item 2
AGENDA ITEM SUMMARY November 7, 2017
Ethics Review Board
STAFF
Carrie Daggett, City Attorney
SUBJECT
Review of and possible recommendation regarding City Code amendments.
EXECUTIVE SUMMARY
The purpose of this item is for review of recommended amendments to City Code Section 2-568(c)(2) in
preparation for Council consideration.
STAFF RECOMMENDATION
Not applicable.
BACKGROUND / DISCUSSION
Under City Code Section 2-569, City Councilmembers may present to the Council Ethics Review Board
inquiries regarding the application of state or local ethical rules to actual or hypothetical situations involving
potential conflicts of interest. The Ethics Review Board met on February 14, 2017, to review and approve the
Ethics Opinion No. 2017-01, which recommended continued consideration of possible City Code amendments
to address and clarify the permitted actions of City Councilmembers who have declared a conflict of interest
regarding a matter. The Ethics Review Board met again on March 21, 2017, to review, consider and approve
recommended City Code change language to address and clarify the restrictions and permitted actions of
Councilmembers with conflicts of interest. During its meeting on March 21, 2017, the Board reviewed four (4)
alternative draft amendments to City Code Section 2-568(c)(2) and ultimately approved draft amendment #3.
In light of the new Ethics Review Board member, Ken Summers, and the time that has elapsed since the
Ethics Review Board last met to consider this item, the Board will meet to review, discuss and approve said
recommended City Code amendment.
ATTACHMENTS
1. Ethics Review Board Meeting Minutes, March 21, 2017, (Board Approval Pending) (PDF)
2. Ethics Opinion 2017-01 (PDF)
3. Alternative Draft Amendments City Code Section 2-568(c)(2) (PDF)
4. Approved Minutes from Ethics Review Board Meeting February 14, 2017. (PDF)
5. Restrictions on Conduct for Municipal Officers with Conflicts (Selected Colorado Examples) (PDF)
Item # 2 Page 1
Ethics Review Board Meeting Minutes
March 21, 2017
3:00 p.m.
Members in Attendance: Board members Ray Martinez, Gino Campana and Kristin Stephens
and Ross Cunniff (alternate)
Staff in Attendance: Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal.
A meeting of the City Council Ethics Review Board ("Board") was held on Tuesday, March 21,
2017, in the City Attorney's Office Large Conference Room, for review of and possible
recommendation regarding City Code amendments in follow up to and as discussed in Ethics
Opinion 2017-01.
The meeting began at 3:00 p.m. The Board reviewed the Agenda which contained the following
items:
1. Review and approval of the February 14,
2. Review of and possible recommendati
up to and as discussed in Ethics Opini
3. Other Business.
4. Adjournment.
Chair Martinez stated that this wa
p.m., and after roll call, declared tha
Carrie Daggett, City Attorney, Jeanne
present.
017 Minutes of the Ethics Review Board.
ding City Code amendments in follow
Review Board meeting on March 21, 2017 at 3:00
mbers of the Board were present. Also present were
ford, Paralegal. Ross Cunniff, as alternate, was also
City Attorney Daggett pointed out and called for the record to reflect that Councilmember Cunniff,
as alternate, was not acting as a member of the Board, but rather as attending as an audience
member.
Councilmember Campana called for the approval of the Minutes of the February 14, 2017 meeting
of the Ethics Review Board.
Councilmember Campana made a motion to approve the February 14, 2017, Minutes. Chair
Martinez seconded the motion. The Board unanimously approved the February 14, 2017, Minutes.
Chair Martinez called for and read the second agenda item, which was review of and possible
recommendation regarding City Code amendments in follow up to and as discussed in Ethics
Opinion 2017-01.
1
Councilmember Campana asked if other jurisdi
proposing. City Attorney Daggett responde
this leaves open the question we have st
remainder of council votes on whet
of Council.
Discussion was made about the Agenda Item Summary sheet used in the packet. Councilmember
Campana stated this was a great format to use, but perhaps change the color of the form and make
sure it states Ethics Review Board in the title so it stands out next time.
City Attorney Daggett stated she would like to recap the events leading up to this latest meeting.
There was the ethics opinion last summer that related to board member activity after declaring a
conflict. The follow on to that was a Code revision that addressed permitted board member actions
after declaring a conflict and that action was adopted on 2nd reading on March 7th, so that action
was completed. That issue had prompted a discussion about a Councilmember's activities along
with specific question that had come up related to Councilmember Campana. The question that
came up was what Councilmember actions are permissible once a Councilmember has declared a
conflict.
City Attorney Daggett explained that currently, we have a Code provision shown as the struck out
portion of the Code language the Board had in its packet. Ms. Daggett read the Code provision
and explained that after the discussion in the last Ethics Review Board meeting, she was asked to
explore other options, so she has provided with the Agenda Item Summary, four different examples
of how this issue could be approached. Ms. Daggett fu er explained that Attachment 3 illustrated
examples of what other Colorado jurisdictions have,fl on this subject.
4
allowing what the City is currently
y jurisdictions are silent on the issue and
th. - One jurisdiction sets up a process where the
ilmember should be allowed to present in front
Councilmember Campana replied he did" not like that as it could get very political.
The Board read and discussed the options presented.
Option 3 was discussed at length with questions on relatives and family members and the need to
state a broad definition. City Attorney Daggett stated our Charter definition of relative includes
spouse, minor children, any person claimed as a dependent for tax purposes or any person sharing
expenses of a household. Definition of relative in the Charter is narrower than the list of relatives
included in Option 3. Ms. Daggett stated Option 3 could be modified to strike the rest of sentence
after, "....his or her own interest or that of a relative," in order to tie in to the term "relative" as it
has been defined already.
City Attorney Daggett recapped what she was hearing from the Board in that there seemed to be
a coalescing around option #3 modified to eliminate the laundry list of family members.
Councilmember Campana made a motion to recommend to Council to adopt amendment No.3
less the text beyond "relative" in the last line.
2
Chair Martinez asked if all in favor. Since there were no opposed, Chair Martinez moved to
unanimously approve the amendment #3 version.
City Attorney Daggett brought up the one other question which was not addressed by this
language and she apologized for not jumping in sooner before the vote, but asked if there was
any desire to consider interactions covered in a private vs. public setting?
The Board members discussed the matter and stated they believed the language of the Code
revision "before City Council or any board or commission" was clear enough and would cover
that the intent is for a public setting and anything else would be construed as an attempt to
influence.
City Attorney Daggett stated an additional sentence would be needed to tie in everything so the
amendment #3 would read as follows:
"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 co , ssion of the City or in dealing with any
City officer or employee, except that such Council efil er may represent with any City employee
or before the City Council or a board or commis n f t City his or her own interest or that of
a relative provided said Councilmember does rA vi ate Section 2-568(c)(4) or (c)(5)."
A .•
Councilmember Campana made a mo
include what City Attorney Dagge d. ouncilmember Stephens seconded the motion.
Chair Martinez stated the board una y approved the amendment #3 as Ms. Daggett had just
read it.
dify the recently approved amendment #3 to
Chair Martinez called for other business. As there was no other business, Chair Martinez made a
motion to adjourn and Councilmember Campana seconded the motion.
The Board voted unanimously to adopt Chair Martinez's Motion to adjourn the meeting.
Meeting adjourned at 3:44 p.m.
Carrie M. Daggett, City Attorney
3
2017 -01
OPINION OF THE ETHICS REVIEW BOARD
OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS
February 14, 2017
The City Council Ethics Review Board ("the Board) met on February 7, 2017, to render an
advisory opinion on a question submitted to the Board by Councilmember Gino Campana. The
question presented is the whether a Councilmember may discuss with City staffa matter regarding
which the Councilmember has declared a conflict (recognizing that communicating with
Council/Councilmembers and board and commission members is prohibited).
Background.
This inquiry relates not to whether a conflict of interest must be declared, but rather to whether
what the limits are on a boardmember or Councilmember once a conflict has been declared.
Article IV, Section 9(b) of the City Charter states as follows (emphasis added):
(b) Rules of conduct concerning conflicts of interest.
(3) Interests in other decisions. Any officer or employee who has, or whose relative
has, a financial or personal interest in any decision of any public body of which he or she is
a member or to which he or she makes recommendations, shall, upon discovery thereof,
disclose such interest in the official records of the city in the manner prescribed in
subsection (4) hereof, and shall refrain from voting on, attempting to influence, or
otherwise participating in such decision in any manner as an officer or employee.
Ethics Opinion 2016-01, approved by the City Council in July 2016, clarified that the language of
Article IV, Section 9(b)(3) of the City Charter is best read to restrict only actions taken "as an
officer or employee," meaning, not in a personal capacity, but in an official or formal one.
In addition to these Charter limitations on Councilmembers with conflicts of interest, Section
2-568(c)(2) of the Fort Collins Municipal Code provides that "No Councilmember shall represent
any person or interest before the City Council or any board or commission of the City."
In 2014, the City Council adopted City Code Section 2-568(c)(4), regarding requests for special
treatment. That Section provides as follows:
Ethics Opinion 2017-01
February 14, 2017
Page 2
(4) 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 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.
Finally, City Charter Article II, Section 13 limits Councilmembers' latitude to discuss matters with
City staff "except for purposes of inquiry" without working through the City Manager, and
precluded Councilmembers from giving orders, publicly or privately, to subordinates of the City
Manager. This provision does not express a distinction between Councilmember contacts in an
official capacity and Councilmember contacts in an individual capacity. Here is the text of that
Section:
Section 13. - Council not to interfere with administrative service.
Except for purposes of inquiry, the Council and its members shall deal with the
administrative service of the city solely through the City Manager, and neither the Council
nor any member shall give orders to any subordinates of the City Manager either publicly
or privately.
Board Conclusions and Recommendations:
1. Upon review of the foregoing Charter and Code provisions, the Board concluded that as
these provisions are currently written, there is nothing that prohibits a Councilmember from
interacting with City staff regarding a particular matter, after declaring a conflict of interest
regarding that matter, so long as the Councilmember is not:
a. acting in his or her role as a Councilmember; or
b. seeking special consideration, treatment or advantage in the interpretation,
administration or enforcement of the Charter, Code, any City regulation,
policy or program or in the provision of public services.
2. Article 11, Section 13 of the City Charter is not intended to limit every interaction with the
City organization by a person who is a Councilmember. Rather, it is intended to limit
Councilmember interactions with City staff in the Councilmember role. Where the interaction is
by the Councilmember in his or her personal or professional role, so long as other applicable
requirements and limits are met, this Section is not interpreted to prohibit the interaction. To read
this Section otherwise would preclude Councilmembers from normal interactions with the City
Ethics Opinion 2017-01
February 14, 2017
Page 3
organization, such as establishing Utility services, seeking a building permit, or participating in a
Recreation program.
3. The Board intends to further consider potential amendments to City Code
Section2-568(c)(2) to clarify the limits on Councilmember actions once a conflict of interest has
been declared, and will make further recommendation to Council in that regard after its
discussions are completed.
This advisory opinion was reviewed and approved by Councilmembers Ray Martinez, and Kristin
Stephens, as the designated regular members of the Ethics Review Board, and Councilmember
Ross Cunniff, as the alternate member of the Board. Pursuant to Section 2-569(e) of the City
Code, this opinion and recommendation is to be immediately filed with the City Clerk and made
available for public inspection. Additionally, this opinion shall be considered by the City Council
at its regular meeting on February 21, 2017.
Dated this 14th day of February, 2017.
Carrie M. Daggett, City Attorney
Draft City Code Amendment #3
"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 Section 2-568(c)(4) or (c)(5)."
Ethics Review Board
February 14, 2017
Original Draft Amendment:
Section 2-568(c)(2)
N-o Council+Rember shall , +
t.J �•�J�rlll t,t./\.1JVI1O1
+ + b ti Ci, , r it
or any board or commission of the CityWith respect to any matter regarding which
a Councilmember has declared a conflict of interest, said Councilmember is
prohibited from discussing with, or otherwise attempting to influence, directly or
indirectly, any members of the City Council or of a board or commission of the
City.
Alternative Draft Amendment:
Section 2-568(c)(2)
N„ Council.,,amber ohaII represent any -parson Mares+ be the Ci r C' •r
or any board or commission of the City.When a Councilmember has declared a
conflict of interest on any matter, such Councilmember is prohibited from
attempting to influence, directly or indirectly, any decision on such matter by any
member of the City Council or of a board or commission of the City. This
prohibition shall not apply if the subject matter of the conflict is an individual and
personal matter of the Councilmember. No Councilmember shall otherwise
represent any person or interest before the City Council or any board or
commission of the City.
Ethics Review Board
March 21, 2017
Alternative Draft Amendment (1) (exception for protected property for
liberty] interests):
Section 2-568(c)(2)
No Cou
or any board or commission of the CityWith 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. This prohibition
shall not apply if the subject matter of the conflict is an individual and
personal matter of the Councilmember that relates to a protected property for
liberty] interest of such Councilmember. No Councilmember shall otherwise
represent any person or interest before the City Council or any board or
commission of the City, or in dealing with any City officer or employee.
Alternative Draft Amendment (2) (exception for permits, licenses or other
approvals):
Section 2-568(c)(2)
mission of the City.When a Councilmember has declared a
conflict of interest on any matter, such Councilmember is prohibited from
attempting to influence, directly or indirectly, any decision on such matter by any
City officer or employee. Nothing herein shall preclude a Councilmember
from, in the same manner and under the same circumstances as any other
person, appearing before the City Council or other board or commission or
officer or employee of the City on an application of such Councilmember for a
permit, license or other approval required by law. No Councilmember shall
otherwise represent any person or interest before the City Council or any board or
commission of the City, or in dealing with any City officer or employee.
Alternative Draft Amendment (3) (exception for appearing on behalf of own
interests or that of a relative as defined or specified below):
No Councilmember shall represent any person or interest before the City Council
or any board or commission of the CityWith 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 or
commission of the City or in dealing with any City officer or employee, except
that such Councilmember may represent his or her own interest or that of a
relative, spouse, parent, child, brother, sister, parent -in-law, grandparent,
grandchild, or child -in-law.
Alternative Draft Amendment (4) (exception for
occupational/professional/business interests):
Section 2-568(c)(2)
No Councilmember shall-fepresent any person or interest before the City Council
or any board or commission of the CityWith 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 member of the City Council or any board or
commission of the City. This prohibition shall not apply to a Councilmember
dealing with a board or commission or City officer or employee other than the
City Council in order to conduct business as a private citizen with the City in
the course of engaging in ,an occupation, profession or business provided the
matter is not one that is or will be before the City Council or could be
appealed to the City Council, and provided said Councilmember does not
violate §2-568(c)(4) or (c)(5). No Councilmember shall otherwise represent any
person or interest before the City Council or any board or commission of the City,
or in dealing with any City officer or employee.
2
Ethics Review Board Meeting Minutes
February 14, 2017
5:00 p.m.
Members in Attendance: Board members Ray Martinez, Gino Campana and Kristin Stephens
and Ross Cunniff (alternate)
Also Present: Kevin Jones, Fort Collins Chamber of Commerce;
Staff in Attendance: Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal;
A meeting of the City Council Ethics Review Board ("Board") was held on Tuesday, February
14, 2017, in the City Attorney's Office Large Conference Room, to review and recommend City
Code amendments in follow up to and as discussed in Ethics Opinion 2017-01, and continued
consideration of an inquiry by Councilmember Campana requesting that the Board consider and
provide an advisory opinion regarding the question of whether a Councilmember is allowed to
discuss with City staff a matter regarding which a conflict has been declared upon filing a
conflict of interest disclosure.
The meeting began at 5:00 p.m. The Board reviewed the Agenda which contained the following
items:
1. Review and approval of the February 7, 2017 Minutes of the Ethics Review Board.
2. Review and Approval of draft Ethics Opinion 2017-01, with continued consideration
of an inquiry by Councilmember Campana requesting that the Board consider and
provide an advisory opinion regarding the question of whether a Councilmember is
allowed to discuss with City staff a matter regarding which a conflict has been
declared upon filing a conflict of interest disclosure.
3. Revie and recommend City Code amendments in follow-up to and as discussed in
Ethics Opinion 2017-01.
4. Other Business.
5. Adjournment.
Chair Martinez stated that this was an Ethics Review Board meeting on February 14, 2017 at
5:00 p.m., and after roll call, declared that all members of the Board were present. Also present
were Carrie Daggett, City Attorney, Jeanne Sanford, Paralegal, Kevin Jones, Fort Collins
Chamber of Commerce. Ross Cunniff, as alternate, was also present.
Chair Martinez called for the record reflect that Councilmember Cunniff, as alternate, was acting
on the Board and Councilmember Campana was acting as audience member, excluding his
participation on item 2.
1
t .t
Chair Martinez called for the approval of the February 7, 2017, Minutes of the Ethics Review
Board.
Councilmember Cunniff made a motion to approve the February 7, 2017, Minutes.
Councilmember Stephens seconded the motion. The Board unanimously approved the February
7, 2017, Minutes.
Chair Martinez called for and read the second agenda item, which was review and discussion of
draft Ethics Opinion 2017-01, with continued consideration of an inquiry by Councilmember
Campana requesting that the Board consider and provide an advisory opinion regarding the
question of whether a Councilmember is allowed to discuss with City staff a matter regarding
which a conflict has been declared upon filing a conflict of interest disclosure.
City Attorney Daggett explained this was the first draft of Ethics Opinion 2017-01 based on
discussion from last Tuesday. Ms. Daggett stated there had not been specific discussion about
Article 2, Section 13 of the Charter which contains the language limiting Councilmembers
dealing with administrative services City, except through the City Manager. Ms. Daggett further
explained that implicitly from things being discussed, she took from the Board discussion that it
was the interpretation that was intended to imply as pertaining to Councilmember activities as
opposed to as an individual citizen. Ms. Daggett stated she wrote about that because it was
implied by what the Board talked about but since there was not specific discussion regarding that
specifically, she wanted to bring that to the Board's attention.
Ms. Daggett asked the Board to look at Page 2 under Board Conclusions and Recommendations.
Ms. Daggett stated the Article 2, Section 13 of the Charter is not intended to limit every
interaction with City organization by a person who is a Councilmember. Ms. Daggett directed
the Board take a particularly close look at that to make sure everyone was comfortable with that.
Councilmember Cunniff stated it was consistent with his understanding of a professional role.
Mr. Cunniff explained that professional role actually covers the situation the Board discovered
last meeting with Councilmember Campana's question of staff asking him for feedback in his
professional role.
City Attorney Daggett explained this ethics opinion was not as extensive as other opinions in the
past in the areas of analysis and discussion, since this situation was more of a discussion about
looking at the requirements that are in Charter and Code.
Ms. Daggett explained that since drafting the ethics opinion and related Code language, she did a
further review and thought the Board needed to take a slightly more refined approach. Ms.
Daggett stated she understood the Board wants to see the ethics opinion language change, but the
absolute language discussed last week would prevent Councilmembers from protecting their own
interests in any way in the four (4) years they are on Council which could become an issue for
someone. For example, if a Councilmember's property was taken for a project which they have
declared a conflict and are not acting as Councilmember, it would be hard for that
2
Councilmember to protect his/her interests without directly or indirectly attempting to influence.
Ms. Daggett explained the current language creates an opening that eliminates the clarity talked
about before, but is suggesting it because it most likely creates an indefensible barrier to
someone protecting their own interests and exercising their first amendment rights to protecting
their own interests when they have no other way to do that.
Councilmember Cunniff asked if there was a way to narrow it down to matters under appeal in
quasi-judicial.
Ms. Daggett explained that the place where she was trying to narrow it down was where it said,
"the prohibition shall not apply if the subject matter of the conflict is an individual and personal
matter of the Councilmember."
Councilmember Cunniff stated he felt more comfortable being explicit with that because on
policy level issues, there is normally not the opportunity for individual citizens to have a
structured role in discussions with City Council and restricting City Council from participating in
general public comments seems consistent with the intent of Charter.
Ms. Daggett suggested one way to get past the ethics opinion piece is she could make the
discussion in #3 more general suggesting the change to Code and move on from there.
Councilmember Cunniff approved of this idea.
Councilmember Campana stated his intent to finalize the Opinion, reconvene and work on Code
changes next meeting. Mr. Campana stated it would be best to wrap this up before April 4t.
City Attorney Daggett stated her suggestion to modify #3 would be to say, "the Board
recommends that the Board further consider a recommendation to Council to amend City Code
Section 2-568(c)(2) to more clearly address the actions permitted."
Chair Martinez asked if City Attorney Daggett could work on alternative language and she stated
she would.
Councilmember Cunniff stated the big picture is to develop language that allows a
Councilmember to directly or indirectly represent their personal property interests without
basically completely nullifying the conflict of interest provision.
City Attorney Daggett agreed.
City Attorney Daggett stated if you start out with the interpretation of Charter that says that a
Councilmember cannot influence, then she wanted to make clear we are tightening down from
there. Ms. Daggett stated she was not deviating from Charter, but defining the outlines of what
Council thinks is appropriate. Ms. Daggett stated she would be happy to work on and present
different options for the Board to look at.
3
•
Chair Martinez stated he would like that and that he did not think you could tell an elected
official they cannot protect their own property interests.
Councilmember Cunniff brought up a zoning issue that is coming up by his house and he would
like an ethics opinion on whether this will require him to recuse himself. Mr. Cunniff stated his
property will be in within the notification area, but they are not rezoning the property. Mr.
Cunniff also suggested saving this issue until it comes forward. The Board discussed the similar
situation which came up with the mall redevelopment.
City Attorney Daggett stated the gist of the situation which came up with the mall redevelopment
project was that the mere fact you are in a notice area does not necessarily mean you have a
conflict, but certain circumstances could create a conflict.
Councilmember Cunniff stated it was important to take this issue all the way through to
conclusion.
City Attorney Daggett asked if the Board was prepared to approve the ethics opinion to get it on
the agenda next Tuesday night.
Councilmember Cunniff made the motion to approve the Ethics Opinion 2017-01 and
Councilmember Stephens seconded the motion. The Board unanimously approved Ethics
Opinion 2017-01.
Councilmember Campana asked if he should fill out a new conflict form and City Attorney
Daggett stated he could do that.
Chair Martinez read the next agenda item which was review and recommend City Code
amendments and follow up to and as discussed in Ethics Opinion 2017-01.
City Attorney Daggett stated she felt there was a desire to see different permutations to this to
get to the idea of the matter of things uniquely affecting Councilmembers but not other citizens.
Ms. Daggett stated she would work on some variations on that to compare side by side to see the
issues. She is happy to do that and get out well ahead of time.
Chair Martinez called for other business. As there was no other business, Chair Martinez made a
motion to adjourn and Councilmember Campana seconded.
The Board voted unanimously to adopt Chair Martinez's Motion to adjourn the meeting.
Meeting adjourned at 5:39 p.m.
Carrie M. Daggett, City Attorney
4
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples- emphasis added)
March 2017
1. Arvada:
Sec. 2-375. - Restrictions on conduct.
Commission of the following acts is prohibited by this Code and a determination that
an officer has committed one or more of the following shall subject the officer to such
penalty as is provided herein in accordance with the provisions of this Code.
(1) An officer shall not knowingly disclose information which he knows or
reasonably should know is confidential information regardless of the source of
the information unless directed to by the city council or compelled to by
operation of law.
(2) An officer shall not knowingly use or disclose any information gained in the
course of or by reason of his official position and which has not been made
public to advance his financial interests or to further the financial interests of
any family member.
An officer shall not perform a governmental function. participate in the
discussion of, or influence or attempt to influence any officer or employee, or
otherwise participate in any final action. or vote to render any final decision or
determination on any matter in relation to which the officer with this provision if
by reason of his participation in the enactment of any ordinance,
resolution or other matter required to be voted upon, no pecuniary gain
accrues to him or his family by virtue of any private or personal financial
interest to any greater extent than could reasonably be expected to accrue
to any other member of the general public. An officer shall not be in violation
of this provision if the officer receives a personal financial benefit from the city in
the course of or which is incidental to the exercise of his official duties or such
benefit is authorized by the city council. This provision shall not be
interpreted to prevent or hinder an official from conducting business as a
private citizen with the city in the course of engaging in an occupation,
profession or business provided the official does not violate subsection
(12) of this section.
(4) An officer shall not accept a gift of substantial value or economic benefit
tantamount to a gift of substantial value:
a. Which would tend to influence a reasonable person in his position to depart
from the faithful and impartial discharge of his public duties; or
b. Which he knows or which a reasonable person in his position should know
under the circumstances is primarily for the purpose of rewarding him for
official action he has taken.
An economic benefit tantamount to a gift includes without limitation a loan at a
rate of interest substantially lower than the commercial rate then currently
(3)
(5)
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
prevalent for similar loans and compensation received for private services
rendered at a rate substantially exceeding the fair market value of such
services.
(6) The following shall not be considered gifts of substantial value or gifts of
economic benefit for purposes of this section and it shall not be a violation of
this Code for a person to accept the same:
a. Campaign contributions required to be reported by C.R.S. § 1-45-108;
b. An occasional nonpecuniary gift, insubstantial in value;
c. A nonpecuniary award publicly presented by a nonprofit organization in
recognition of public service;
d. Payment of or reimbursement for actual and necessary expenditures for
travel and subsistence for attendance at a convention or other meeting at
which such public officer, is scheduled to participate;
e. Reimbursement for or acceptance of an opportunity to participate in a social
function or meeting which is offered to such public officer, which is not
extraordinary when viewed in Tight of the position held by such public
officer;
f. A gift of nominal value presented to the officer by either the city or another
government, domestic or foreign, in recognition or appreciation of public
service or an expression of friendship;
Items of a nominal value or a perishable or nonpermanent nature, including,
but not limited to, meals, lodging, travel expenses, or tickets to sporting,
recreational, educational, or cultural events;
h. Payment for speeches, debates or other public events, reported as
honorariums;
i. Payment of salary from employment, including other government
employment, in addition to that earned from being an officer of the city;
Anything or compensation or the like approved by the city council unless
the same violates a state law.
No officer on behalf of any private interest other than himself, a spouse or
minor children or a business in which he has a financial interest shall
appear before any board. An officer may appear before council or any board
on behalf of the electorate in the course of his duties as a representative of the
electorate or in the performance of public or civic duties.
(8) No officer shall communicate information concerning a matter subject to or
pending litigation in which the city is a party, which could reasonably be
interpreted as an admission of liability on behalf of the city or which a
reasonable person would interpret as being prejudicial to the interests of the city
(7)
g.
j•
2
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
in the subject matter without prior authorization of the city council unless
completed by legal authority.
(9) An officer shall not knowingly use any city property or services for personal gain
or profit except when such property or services are available to the general
public or authorized in the furtherance of official business. No officer shall be
deemed to have violated this section if their use of city property is incidental to
the performance of their official business. An officer in compliance with C.R.S. §
24-18-109(4)(a) and (b) shall be deemed to be in compliance with this section.
The city council may approve polices and procedures concerning the use of city
services and resources in accordance with C.R.S. § 1-45-116.
(10)When a governmental function requires an officer to act in a quasi-judicial
capacity, the officer shall take reasonable precautions to avoid and prevent ex-
parte communication with any party in interest or with their representative. Any
officer may seek an advisory opinion from the city attorney concerning any ex
parte communication received pertaining to a matter the subject of which is or
may become the subject of a quasi-judicial proceeding in which the officer may
perform a governmental function. If an officer receives ex parte communications
regarding a matter which is before the officer for quasi-judicial action, the officer
shall disclose the communication prior to the commencement of the hearing.
After disclosure, the officer may participate in the hearing and vote on any
action unless the officer concludes that the communication may prevent him
from participating and voting thereon in an unbiased manner. If the officer
concludes that the ex parte communication may prevent him from voting in an
unbiased manner, he shall excuse himself and shall not participate in the
discussion or vote on said matter.
(11)An officer shall not vote on any question concerning the officer's own conduct
where the board is making a determination regarding the officer under article III,
chapter 2.
(12)An officer shall not use his official position or secure a special privilege or
exemption for himself or others, nor shall any officer seek or grant any special
consideration, treatment or advantage to any citizen beyond that which is
generally available to every other citizen regardless of the involvement of the
officer. This provision shall not be interpreted to present or hinder an
officer from presenting citizen concerns to the appropriate administrative
official and requesting a response to the citizen concern.
(13)An officer who in the course of his business desires to enter into a contract with
the city shall disclose such contract to the city manager and, if the contract
requires approval of the city council, to the city council prior to entering into the
contract with the city. Provided the officer's interest is disclosed and the city's
purchasing ordinance has been followed and the contract is in the best interests
of the city, the officer and city may consummate the contract, and the same
shall be deemed to comply with this Code. The officer shall not vote on any
3
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
contract in which he has a financial interest and shall not attempt to influence
the city council or city manager in the process of awarding the contract.
2. Aspen:
Sec. 2.02.040. Appearances before the City Council, boards, commissions and courts.
Nothing in this Section is intended to apply to any City Council member, City official or
employee who appears before the City Council or any City board, authority or commission to
urge action on a policy or issue of general civic nature or to the relationship between the
City Council, the City, any City board, authority or commission or any department of the
City.
(a) City Council members.
(1) City Council members shall not appear before the City Council or any
City board, authority or commission either on their own behalf or on behalf of
another. A City Council member may be affiliated with a firm appearing on
behalf of or employed by another person concerning any transaction with the
City before the City Council, board, authority or commission; provided,
however, that the City Council member follows the procedures prescribed by
Section 2.02.050 of this Chapter if the transaction is before the City Council.
(2) A City Council member shall not be a party or, by himself or herself or as
an affiliate of a firm, appear on behalf of a party in a civil suit, wherein the City is
an adverse party, unless the member first obtains the consent of the City Council.
(b) City officials.
17
(1) City officials may only appear or be affiliated with a firm appearing
concerning any transaction with the City under the following circumstances:
a. A City official may appear on his or her own behalf before the City
Council.
b. A City official may appear on his or her own behalf before the body of
which he or she is a member, provided the City official follows the
procedure prescribed by Section 2.02.050 of this Chapter.
c. A City official may appear on behalf of another person before any City
board, authority or commission except the City Council or the body of which
he or she is a member.
4
L.
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
d. A City official may be affiliated with a firm appearing on behalf of or
employed by another person concerning any transaction before the City
Council. board, authority or commission, provided the City official follows the
procedure prescribed by Section 2.02.050 of this Chapter if the transaction is
before the body of which he or she is a member.
(2) A City official shall not be a party or. by himself or herself or as an
affiliate of a firm. appear on behalf of a party in a civil suit. wherein the City is
an adverse party. unless the member first obtains the consent of the City Council.
(c) City employees.
(1) City employees shall not appear on behalf' of or be employed by another
person concerning any transaction with the City or before the City Council or any
City board. authority or commission.
(2) City employees may appear before the City Council or any City board,
authority or commission, on their own behalf or on behalf of such employee's
immediate family members.
(3) City employees may be affiliated with a firm that appears on behalf of or
is employed by another person before the City Council or any City board, authority
or commission; provided. however, the employee discloses his or her relationship
as provided in Section 2.02.050. (Ord. No. 19-2003. § I)
3. Boulder:
2-7-7. - Representing Others Before the City Prohibited.
(a)
City Council Members Barred From Representing Others: No city council member
shall appear on behalf of himself or herself, or another person, before the city
council or any city board, commission, task force or similar body. A city council
member may be affiliated with a firm appearing on behalf of or employed by another
person concerning any transaction with the city before such a body if the council
member discloses the situation and recuses himself or herself pursuant to Section
2-7-9, "Disclosure and Recusal Procedure," B.R.C. 1981. This prohibition shall not
apply when a city council member is appointed by a majority vote of the council to
represent the council before a board or commission.
(b) Board, Commission or Task Force Members Barred From Representing Others: An
appointee to a city board, commission, task force or similar body may appear or be
affiliated with a firm appearing concerning any transaction with the city under the
following circumstances:
(1) An appointee may appear on his or her own behalf before the body of which he
or she is a member to represent his or her personal interests, if the appointee
5
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
(c)
(f)
(g)
discloses the situation and recuses himself or herself pursuant to Section 2-7-9,
"Disclosure and Recusal Procedure," B.R.C. 1981. or before the city council;
(2) An appointee may appear on behalf of another person before any city body
except the body of which the appointee is a member, except with respect to a
matter that has or may come before the board or commission on which he or
she serves;
A firm with which an appointee is affiliated may not appear on behalf of or be
employed by another person concerning any transaction before the body of
which the appointee is a member unless the appointee discloses the situation
and recuses himself or herself pursuant to Section 2-7-9, "Disclosure and
Recusal Procedure," B.R.C. 1981.
Public Employees Barred From Representing Others: No public employee shall
appear on behalf of or be employed by another person concerning any transaction
with the city or before the city council or any city board, commission, task force or
similar body. A public employee may appear before such a body on his or her own
behalf or on behalf of such employee's spouse, parent, or child. Nothing in this
chapter shall be deemed to prohibit the city manager from establishing additional
policies and regulations to prevent conflicts of interest between public employees
and the city.
(d) City Council Members and Municipal Court: No city council member who is an
attorney shall appear on behalf of or be employed by another person or be affiliated
with a firm appearing on behalf of or employed by another person concerning any
matter before the municipal court.
(e) Public Employees and Municipal Court: No public employee who is an attorney shall
appear on behalf of or be employed by another person or be affiliated with a firm
that appears on behalf of or is employed by another person concerning any matter
before the municipal court. A non -attorney employee may appear before the
municipal court on his or her own behalf, and an employee other than a municipal
court judge may appear on behalf of such employee's spouse, parent, or child to the
extent otherwise allowed by law. This authority is intended to allow employees to
assist family members in matters before the municipal court to the extent permitted
by law but not to promote the unauthorized practice of law.
Board, Commission, or Task Force Member and Municipal Court: An appointee to a
city board, commission, task force or similar body may appear before the municipal
court and may be affiliated with a firm appearing before the municipal court.
Consent to Sue: No public official shall by himself or herself or as an affiliate of a
firm appear on behalf of a party in a civil law suit in which the city is an adverse
party, unless the public official first obtains the consent of the city council.
(3)
6
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
4. Broomfield:
2-70-030 - Conflicts of interest prohibited.
(A) No elected official or appointee to any city board, authority. or commission shall
appear before the city council or any city board, authority, or commission if the city
council or such board, authority, or commission is acting in a quasi-judicial capacity.
(B) An elected official or appointee who (1) has a substantial interest in any transaction
with the city, (2) has a spouse or relative up through the second degree of
consanguinity with a substantial interest in any transaction with the city. (3) has a
substantial interest as an affiliate of a firm with a substantial interest in any
transaction with the city, or (4) has a substantial interest as an affiliate of a firm
appearing on behalf of or employed by a person with a substantial interest in any
transaction with the city shall disclose the interest above described on the record of
a public meeting of the city council or the city board, authority, or commission of
which the person is a member.
(C) The interested elected official or appointee shall thereafter (1) refrain from voting
upon or otherwise acting in an official capacity in such transaction; (2) physically
absent himself or herself from the room in which the matter is being considered: and
(3) not discuss the matter with any other member of the city council, board,
authority, or commission of which the person is a member.
5. City and County of Denver:
Sec. 2-61. - Conflict of interest while employed.
The purpose of this section is to avoid influence on the official actions of city
officers, employees or officials by their private or family interests.
(a)
Except when advised by the city attorney that the rule of necessity applies, an
officer, official, or employee shall not take direct official action on a matter
before the city if he or she or a member of the immediate family. a business
associate or an employer other than the city of the officer, official or employee
has any substantial employment, contractual, or financial interest in that matter.
A substantial interest shall be deemed to exist if:
(1) He or she or a member of the immediate family, a business associate or an
employer other than the city is the other party in the matter;
(2) He, she, a spouse, a domestic partner or minor children solely or
aggregated together. a business associate or an employer ovrns or own
one (1) percent or more. or a member of the immediate family other than a
spouse, domestic partner or minor children own or owns five (5) percent or
more, of another party in the matter;
7
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
(3) He or she, a member of the immediate family, a business associate or an
employer is an officer in another party in the matter;
(4) He or she, a member of the immediate family, a business associate or an
employer is directly involved in obtaining the city's business for another
party in the matter;
(5) He or she, a member of the immediate family, a business associate or an
employer is directly involved in negotiating the contract or preparing the bid,
proposal, response to a request for qualifications, or similar document for
another party in the matter, other than in a purely clerical capacity; or
(6) A member of his or her immediate family performs more than a nominal
portion of the work in the matter, or supervises or manages more than a
nominal portion of the work.
He or she or a member of his or her immediate family participated
personally in providing legal representation or lobbying for another party in
the matter or owns five (5) percent or more of a law firm or lobbying firm
representing another party in the matter.
(b) For purposes of this section, business associate means a person or entity with
whom an officer, official or employee or a member of his or her immediate
family is a partner or a co-owner of a business in which the business associate
and the officer, official or employee or a member of his or her immediate family
each own at least one (1) percent of the business.
(c) An officer, official, or employee may represent himself or herself before a board
in accord with such board's procedures, provided that the officer, official, or
employee does not also participate in the board's decision in his or her official
capacity.
(d) An officer, official, or employee may acquire an interest in bonds or other
evidences of indebtedness issued by the city or the board of water
commissioners so long as they are acquired on the same terms available to the
general public.
(e) It shall not be a violation of this code of ethics for an officer, official, or
employee to take direct official action on the following matters even if the
person or a relative employed by a city agency would benefit:
(1) The city's annual budget or an amendment to the annual budget; or
(2) Establishing the pay or fringe benefit plans of city officers, officials, or
employees.
Officers, employees or officials who are prohibited from taking direct official
action due to a substantial conflict of interest shall disclose such interest to his
or her colleagues on a board or commission or to his or her supervisor or
appointing authority, shall not act or vote thereon, shall refrain from attempting
(7)
(f)
8
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
to influence the decisions of others in acting or voting on the matter and shall
work with his or her supervisor or appointing authority to ensure that the matter
is assigned to someone without conflicting interests.
(g) No officer, employee or official may have any other employment or position
which is incompatible with his or her duties or that adversely affect the interests
of the city.
6. Greenwood Village:
Sec. 2-7-40. - Prohibitions.
(a) No elected official, board member or employee shall have or acquire any direct
financial interest in any contract with the City.
(b) No elected official, board member or employee shall knowingly use any confidential
information to further the interest of the elected official, board member or employee,
or any relative thereof.
No elected official, board member or employee shall disclose any confidential
information to persons not entitled to such information, except as required by law;
provided, however, that any person may disclose confidential information if the City
Council authorizes such disclosure pursuant to Subsection 2-2-200(c) of this
Chapter, or the District Court has determined, pursuant to the provisions of
Subsection 2-2-200(d), that an executive session was either unauthorized,
improperly convened or conducted, or that information conveyed or received at any
executive session was improperly classified as confidential or privileged.
(d) No elected official, board member or employee shall, in his or her official capacity,
participate in any discussion of, take any final action on, or vote to render any final
decision or determination on, any matter in relation to which the elected official,
board member or employee has a conflict of interest.
(e) No elected official, board member or employee shall receive any compensation, gift,
payment of expense, reward, gratuity or any item of value tendered by a person
who has an interest in any matter pending before the City which, in the judgment of
a reasonably prudent person, would tend to impair the elected official's, board
member's or employee's independence or impartiality of judgment in the
performance of the elected official's, board member's or employee's official duties
with regard to any such pending matter. The following shall not be prohibited under
this Subsection:
(1) Campaign contributions reported as required by law;
(2) An occasional nonpecuniary gift, having a fair market value less than fifty
dollars ($50.00);
(c)
9
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
(f)
(g)
A nonpecuniary award publicly presented by a nonprofit organization in
recognition of public service;
(4) Payment of or reimbursement for actual necessary expenditures for travel and
subsistence for attendance at a convention or other meeting at which such
elected official, board member or employee is scheduled to participate;
Reimbursement for or acceptance of an opportunity to participate in a social
function or meeting which is offered to an elected official, board member or
employee which is not extraordinary when viewed in light of the position held by
such elected official, board member or employee;
(6) Items of perishable or nonpermanent value, including but not limited to meals,
lodging, travel expenses or tickets to sporting, recreational, educational or
cultural events;
Payment for speeches, debates or other public events, reported as
honorariums:
(8) Payment of salary from employment, including other government employment,
in addition to that earned from being an elected official, board member or
employee; or
Any scholarship, including those funded by the City. to a relative of any elected
official, board member or employee.
(3)
(5)
(9)
(7)
No elected official. board member or employee shall appear on behalf of a private
interest before the City Council or any board, unless otherwise permitted by the
Charter or ordinances, except that any elected official, board member or employee
may appear before the City Council or any board on his or her own behalf. Nothing
herein shall preclude an elected official, board member or employee in the
same manner and under the same circumstances as any other person, from
appearing before the City Council or a board on an application of the elected
official, board member or employee for a permit, license or other approval of
the City Council or board required by law, or on a matter of general interest.
No elected official, board member or employee shall represent any private interest.
other than the elected official's, board member's or employee's own interest, against
the interest of the City in any civil litigation to which the City is a party, unless the
consent of the City Council is first obtained. except that any elected official. board
member or employee may testify under oath if subpoenaed.
(h) In addition to the restrictions on employment imposed on elected officials for one
hundred eighty (180) days following their terms of office as set forth at Section 3.07
of the Charter, no elected official or board member shall at any time within six (6)
months following termination of the office or employment, obtain employment in
which the elected official or board member will take direct advantage, unavailable to
others, of matters with which the elected official or board member was directly
involved during his or her term of office with the City.
10
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
(i) No elected official, board member or employee shall use any City property or
employee services for personal gain or advantage except in the same manner and
under the same circumstances as any other person who is not an elected official,
board member or employee of the City.
No elected official or board member shall vote on any question concerning the
elected official's or board member's own conduct.
(J )
7. Lafayette:
Sec. 42-3. - Rules of conduct for board members and employees.
(a) The following shall apply to all board members and employees:
(7)
No board member or employee, during his or her term with the city, may appear
or be affiliated with a firm appearing concerning any transaction with the city,
except under the following circumstances:
a. An employee or board member may appear on his or her own behalf. or
through an agent, before any board of which he or she is not a member. A
board member may appear on his or her own behalf, but only through an
agent. before the body of which he or she is a member, if the board
member follows the procedure prescribed by section 42-4 below.
b. An employee or board member, other than a member of the city council,
may appear on behalf of another person before any hoard except the body
of which the board member is a member. A city council member may
appear on behalf of his or her spouse, parents, children, brothers. sisters,
parents -in-law, grandparents, grandchildren, and children -in-law before any
board except the city council.
(b) The following shall, in addition to subsection (a) above, apply to all members of the
city council:
(1) During his or her term of office, no member of the council, including the mayor,
shall be a salaried employee of the city, except as a council member.
(2) A member of the council may be affiliated with a firm appearing on behalf of or
employed by another person concerning any transaction with the city before the
council if the council member follows the procedures prescribed by section 42-4
below.
(3)
If a newly elected or appointed member of the council. including the mayor.
finds himself or herself in violation of any portion of this chapter. he or she shall
have forty-five (45) days after his or her election or appointment to either divest
11
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
himself or herself from the personal or financial conflict or to resign from the
council.
Sec. 42-4. - Voting prohibited in certain instances.
(a) No board member may vote on any matter before the board if the board member
has a conflict of interest as defined above. On such a question, the member shall
disclose the nature of the conflict of interest to the board prior to abstaining from
voting. If the member requests the remaining members to determine whether the
member has a conflict of interest, the remaining members shall determine, by
motion adopted by the affirmative vote of a majority of the remaining members,
whether a conflict of interest exists. Such motion shall state the basis of the
determination and shall be conclusive of the question of whether a conflict of
interest exists.
(b) When a board member is precluded from voting on a matter because of a conflict of
interest, then the board member shall physically remove himself or herself from the
board and the room in which it is meeting, and shall refrain from attempting to
influence the decisions of the other members of the board of which the person is a
member. After the board has completed consideration of the matter, the board
member may return and resume his or her duties at a member of the board.
(c) As soon as a board member determines that he or she has a conflict of interest on
any matter before the board, then he or she shall immediately refrain from
attempting to influence the decision of the other members of the board of which he
or she is a member.
(d) No board member shall vote on any question concerning the member's own
conduct.
8. Louisville:
Sec. 2.80.030. - Code of ethics.
The following requirements shall constitute a code of ethics establishing reasonable
standards and guidelines for the ethical conduct of officers and employees.
A. No officer or employee who has the power or duty to perform, or has any
influence over, an official action related to a contract, shall:
1. Have or acquire an interest in a contract between a business entity and the
city, unless the city's procedures applicable to the solicitation and
acceptance of such contract are followed and unless the officer or
employee has complied with the provisions of section 2.80.040;
12
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
2. Have an interest in any business entity which is a party to the contract with
the city, unless the officer or employee has complied with the provisions of
section 2.80.040;
3. Represent or appear before the city council, any city board or commission,
or any other public officer or employee, on behalf of any business entity
which is a party to the contract with the city;
4. Have solicited or accepted present or future employment with any business
entity which is a party to a contract with the city if the offer or acceptance of
such employment is related to or results from any official action performed
by the officer or employee with regard to the contract; or
5. No officer, public body member, employee or independent contractor who
has the power or duty to perform, or has any influence over an official
action of the city shall solicit, accept or receive any gift or other thing of
value from any person seeking to influence the person's official action, as
defined section 5-7(e) of the City Charter, or the person's official act, as
defined in C.R.S. § 24-18-102(7). v Nothing in this paragraph shall prohibit
any officer, public body member, employee or independent contractor from
accepting an occasional nonpecuniary gift of $15.00 or less in value, or
from accepting an award, publicly presented, in recognition of public
service. However, no officer, public body member, employee or
independent contractor shall accept a nonpecuniary gift of any value if the
gift is or may be in any way associated with an official action that is or may
be one for which the officer, public body member, employee or independent
contractor has the power or duty to perform an official action. For purposes
of this section, "independent contractor" shall mean those city independent
contractors who perform official actions on behalf of the city which involve
the use of discretionary authority.
B. No officer or employee who has an interest in, or whose interest would be
affected by, any proposed official action before the city council, or a city board
or commission of which the officer is a member, shall fail to follow the
procedures of section 2.80.040.
C: No officer or employee shall be directly responsible for the hiring, appointment,
retention, or supervision of, or influence or attempt to influence the hiring,
appointment, supervision, or retention by the city of, any relative of the officer or
employee.
D. No officer or employee shall influence or attempt to influence the compensation,
benefits, or other terms and conditions of city office or city employment
applicable to a relative of the officer or employee.
E. No relative of an officer or employee shall be hired or appointed as an
employee unless the city's personnel procedures applicable to such
employment or appointment have been followed.
13
RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
F. No officer or employee shall use for personal or private gain, or for any other
personal or private purposes, any information which is not available to the
public and which is obtained by reason of his position with the city, or disclose
any such information except as required by law or for city purposes.
G. No employee shall engage in or accept any employment or service, other than
employment by the city, if such employment or service reasonably would tend
to impair the employee's independence of judgment in the performance of the
employee's duties. This restriction is in addition to any other restrictions on
outside employment applicable to an employee and is not intended to authorize
outside employment by any city employee.
H. No employee shall be appointed to serve as a member of a city board or
commission.
I. No officer or employee shall request or direct the use of an employee's working
time for the city. and no employee shall use his working time for the city, for
personal or private purposes.
J. No officer or employee shall request, direct, or permit the personal or private
use of any city vehicle or city equipment except in the same manner and under
the same circumstances applicable to any person who is not an officer or
employee, unless such use will substantially benefit the city.
K. No officer or employee shall request, or grant to any person, any special
consideration, treatment, or advantage beyond that which is available to every
other person in similar circumstances or need.
L. No officer or employee shall, at any time within two years after termination from
the city:
1. Appear on behalf of the officer's or employee's interest, or on behalf of the
interest of any other person. before any board, commission, committee, or
agency of the city, in relation to any matter concerning which the officer or
employee performed an official act; or
2. Represent the interest of the officer or employee, or of any other person, in
any other matter before any board, commission. committee, or agency of
the city without disclosing to the city the officer's or employee's prior
relationship to the city and present relationship to the interest.
M. Except as provided in subsection N of this section, no officer or employee shall
appear before the city council or any city board or commission on behalf of any
business entity.
N. A member of a city board or commission may appear on behalf of a business
entity before the city council or before any board or commission other than the
board or commission of which he is a member, so long as the appearance does
not concern any matter that has or may come before the board or commission
of which he is a member.
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RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
O.
Nothing in this chapter shall preclude an officer or employee from appearing
before the city council, any city board or commission, or any other officer or
employee on behalf of any person which is not a business entity, so long as the
appearance does not concern the officer's or employee's interest.
P. No officer shall offer or promise to give his vote or influence in favor of or
against any proposed official action in consideration or upon condition that any
other officer will promise or assent to give his vote or influence in favor of or
against any other proposed official action.
Q. No member of the city council shall at any time within their term or for two years
after they leave office be a city employee.
9. Pueblo:
Sec. 1-9-7. - Personal interest rules of conduct for City officials and employees.
(a) Proof beyond a reasonable doubt of commission of any act enumerated in this
Section is proof that the actor has breached his or her fiduciary duty and the public
trust.
(b) A City official or employee shall not:
(1) Engage in a substantial financial transaction for his or her private business
purposes with a person whom he or she inspects or supervises in the course of
his or her official duties; or
(2) Perform an official act directly and substantially affecting to its economic benefit
a business or other undertaking in which he or she or his or her family either
has a substantial financial interest or is engaged as counsel, consultant,
representative or agent.
(c) A member of the City Council who or whose family has a personal or private interest
in any matter proposed or pending before the City Council shall disclose such
interest to the City Council and shall not vote thereon and shall refrain from
attempting to influence .the decisions of the other members of the City Council in
voting on the matter.
(d) It shall not be a breach of fiduciary duty and the public trust, nor a violation of any
provision of this Chapter, for a City official or employee to:
(1) Use City facilities or equipment to communicate or correspond with a member's
constituents, family members or business associates;
(2) Accept or receive a benefit as an indirect consequence of transacting City
business; or
(3) Take direct official action on the following matters even if the person or a
relative employed by the City would benefit:
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RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
a. The City's annual budget or an amendment to the annual budget; or
b. Establishing the pay or fringe benefit plans of City officials, employees or
officers. Notwithstanding this Subparagraph b., City Council members' pay
shall be established pursuant to Section 2-1 of the Charter.
10. Thornton:
Sec. 2-191. - Restrictions.
(a) No officer, board member, or employee shall knowingly use any confidential
information to further the personal interest of the officer, board member or employee
or any relative thereof.
(b) No officer, board member or employee shall disclose any confidential information to
persons not entitled to such information, except as required by law.
(c) No officer, board member or employee shall participate in any discussion of, take
any final action on, or vote to render any final decision or determination on any
matter in relation to which the officer, board member or employee has a conflict of
interest.
(d) No officer, board member or employee shall receive or solicit any compensation,
payment of expense, reward, gratuity, loan, reduced interest rate, any item of value
or gift in an effort to realize personal financial gain through public office from any
person.
(e) The following shall not be prohibited under this article:
(1) Campaign contributions reported if and as required by law.
(2) An occasional nonpecuniary gift insignificant in value.
(3) A nonpecuniary award publicly presented by a nonprofit organization in
recognition of public service.
(4) Payment of or reimbursement for actual and necessary expenditures for travel,
tuition, registration fees, and subsistence for attendance at a convention,
training event or other meeting at which an officer, board member, or employee
is scheduled to participate or represent the city.
(5) Reimbursement for or acceptance of an opportunity to participate in a social
function or meeting which is offered to an officer, board member, or employee
which is not extraordinary when viewed in Tight of the position held by such
officer, board member or employee.
(6) Gifts of perishable or nonpermanent value, including but not limited to meals;
food items; flowers; or tickets to sporting, recreational, educational, or cultural
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RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
(f)
(g)
(7)
events in which the person is attending in connection with expressed duties and
responsibilities or representing the city.
Payment for speeches, debates or other public events, reported as
honorariums.
(8) Payment of salary from employment, including other government employment,
in addition to that earned from being an officer, board member or employee.
(9) Items available for free to the general public at trade conventions or other public
exhibitions, and items offered at a discount to officers, board members and/or
employees of governments.
(10)Gifts while visiting other cities, counties, states, or countries or hosting visitors
from other jurisdictions when it would be a breach of protocol to refuse the gift.
It shall not be a violation of this article for an officer, board member, official, or
employee to solicit donations to the city or to solicit or redirect donations for
charitable purposes to a 501(c) or other charitable organization or to provide
assistance to individuals affected by illness, crime or disaster or who have
educational or charitable needs, provided that solicitation and financial records are
maintained and provided that the soliciting person does not keep or use the gift or
receive any monetary benefit therefrom.
No officer, board member or employee shall receive or solicit any compensation,
gift, payment of expense, reward, gratuity, loan, reduced interest rate, or any item of
value tendered by a person who has an interest in any matter pending before the
city which, in the judgment of a reasonably prudent person, would tend to impair the
officer's, board member's or employee's independence or impartiality of judgment in
the performance of the officer's, board member's or employee's official duties with
regard to any such pending matter. This restriction also applies to any such items of
value given after the pending matter is concluded if it reasonably appears that the
giving of the item of value is related to the recipient's participation in the pending
matter. Matters pending before the city include but are not limited to inspections and
the processing of permits, licenses, and other administrative approvals.
(h) No officer, board member, or employee shall on behalf of a private interest before
the city council or any board, unless otherwise permitted by the Charter, this Code
or ordinances, except that any officer, board member, or employee may appear
before the city council or any board on such officer's, board member's or
employee's own behalf, and an officer may appear on behalf of a private interest
before any board, the action of which is not reviewable by the city council. Nothing
in this subsection shall preclude an officer, board member, or employee in the same
manner and under the same circumstances as any other person from appearing
before the city council or a board on an application of the officer, board member, or
employee for a permit, license or other approval of the council or board required by
law.
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RESTRICTIONS ON CONDUCT FOR MUNICIPAL OFFICERS WITH CONFLICTS
(Selected Colorado Examples)
March 2017
(1)
No officer, board member or employee shall represent any private interests, other
than the officer's, board members or employee's own interest, against the interests
of the city in any civil litigation to which the city is a party, unless the consent of the
city council is first obtained, except that any officer, board member or employee
may testify under oath if subpoenaed.
(j) In addition to the restrictions on employment imposed on councilmembers for two
years following their terms of office as set forth at Section 4.21 of the Charter, no
officer, board member, or employee shall, at any time within six months following
termination of the office or employment, obtain or retain employment in which the
officer, board member or employee will take direct advantage, unavailable to others,
of matters with which the officer, board member or employee was directly involved
during the term of office or employment with the city.
(k) No officer, board member or employee shall use any city property or employee
services for personal gain or advantage except in the same manner and under the
same circumstances as any other person who is not an officer, board member or
employee of the city.
No councilmember or board member shall vote on any question concerning the
member's own conduct.
The city manager may designate by administrative directive a job classification(s) at
the city's golf course that may receive gratuities in the form of tips where it is a
common standard in the public sector for such position to receive tips.
(I)
(m)
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