HomeMy WebLinkAboutAgenda - Read Before Packet - 7/14/2020 - Ethics Review Board Meeting Agenda - July 15, 2020City Attorney’s Office
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PUBLIC NOTICE
ETHICS REVIEW BOARD MEETING
An Ethics Review Board meeting will be held Wednesday, July 15, 2020 from
6:00 p.m. - 7:00 p.m. Due to COVID-19 precautionary measures in place this is a
virtual meeting only. The public access to this meeting will be via ZOOM by
calling in to the information below:
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Fort Collins, CO 80522
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AGENDA
Ethics Review Board Meeting
July 15, 2020
(6:00 – 7:00 p.m.)
Via Zoom Meeting
Join Zoom Meeting
https://zoom.us/j/95607553970
Meeting ID: 956 0755 3970
One tap mobile
+13462487799,,95607553970# US (Houston)
+16699009128,,95607553970# US (San Jose)
Dial by your location
+1 346 248 7799 US (Houston)
+1 669 900 9128 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 312 626 6799 US (Chicago)
+1 646 558 8656 US (New York)
+1 301 715 8592 US (Germantown)
Meeting ID: 956 0755 3970
Find your local number: https://zoom.us/u/abkeLijdJ8
1. Consideration of a request by Councilmember Emily Gorgol for an advisory
review and opinion by the Ethics Review Board pursuant to City Code Section 2-
569(d)(2) of the following questions:
(a) Under the conflicts of interest provisions in the City Charter, does my
employment and role at the Family Center/La Familia prevent me from
participating in the City Council’s decision(s) regarding (1) the
establishment of manufactured housing zone district; or (2) the rezoning
of particular manufactured housing communities?
(b) Under the ethics provisions in the laws of the State of Colorado, does my
employment and role at the Family Center/La Familia prevent me from
participating in the City Council’s decision(s) regarding (1) the
establishment of manufactured housing zone district; or (2) the rezoning
of particular manufactured housing communities?
2. Other Business.
4. Adjournment.
1
AGENDA ITEM SUMMARY July 15, 2020
Ethics Review Board
STAFF
Carrie Daggett, City Attorney
SUBJECT
Consideration of the July 8, 2020, request by Councilmember Emily Gorgol for an advisory review and opinion
by the Ethics Review Board pursuant to City Code Section 2-569(d)(2) regarding her participation in Council’s
upcoming decisions regarding manufactured housing.
EXECUTIVE SUMMARY
The purpose of this item is consideration of the July 8, 2020, request by Councilmember Emily Gorgol for an
advisory review and opinion by the Ethics Review Board pursuant to City Code Section 2-569(d)(2) regarding
the following questions related to her participation in Council’s upcoming decisions regarding manufactured
housing:
1. Under the conflicts of interest provisions in the City Charter, does my employment and role at the Family
Center/La Familia prevent me from participating in the City Council’s decision(s) regarding (1) the
establishment of manufactured housing zone district; or (2) the rezoning of particular manufactured
housing communities?
2. Under the ethics provisions in the laws of the State of Colorado, does my employment and role at the
Family Center/La Familia prevent me from participating in the City Council’s decision(s) regarding (1)
the establishment of manufactured housing zone district; or (2) the rezoning of particular manufactured
housing communities?
STAFF RECOMMENDATION
The Ethics Review Board (“ERB”) should consider Councilmember Gorgol’s questions in light of the City
Charter and Code, relevant ethics opinions, and applicable State ethics laws, and information obtained from
Councilmember Gorgol regarding her circumstances, and formulate an advisory opinion.
BACKGROUND / DISCUSSION
Under City Code Section 2-569 (attached), City Councilmembers may present to the Council Ethics Review
Board (“ERB”) inquiries regarding the application of state or local ethical rules to actual or hypothetical situations
involving potential conflicts of interest. On July 6, Councilmember Gorgol indicated her intent to request that the
ERB consider one or more ethics questions related to her participation in upcoming Council action regarding
manufactured housing. On July 8, 2020, Councilmember Gorgol submitted the following questions to ERB chair,
Mayor Pro Tem Kristin Stephens:
1. Under the conflicts of interest provisions in the City Charter, does my employment and role at the Family
Center/La Familia prevent me from participating in the City Council’s decision(s) regarding (1) the
establishment of manufactured housing zone district; or (2) the rezoning of particular manufactured
housing communities?
2. Under the ethics provisions in the laws of the State of Colorado, does my employment and role at the
Family Center/La Familia prevent me from participating in the City Council’s decision(s) regarding (1)
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the establishment of manufactured housing zone district; or (2) the rezoning of particular manufactured
housing communities?
Upcoming Council decisions regarding Manufactured Housing:
• Scheduled for Council consideration in July and August is the proposed adoption of amendments to the
City’s Land Use Code establishing a Manufactured Housing zone district.
• Assuming such amendments are adopted, the Council would subsequently consider ordinances the
rezoning of properties appropriately placed within this zone district after such proposed rezonings had
been considered by the Planning and Zoning Board for recommendation to Council.
• In addition, if City Plan amendments are needed in order to reflect the policies underlying the
Manufactured Housing zone district, Council would consider those amendments after consideration and
recommendation by the Planning and Zoning Board.
• Finally, Council enacted a moratorium on redevelopment of manufactured housing communities in
August 2019 and that moratorium will terminate at the end of August 2020 unless extended by the
Council. Council may wish to consider an ordinance extending the moratorium and if so this action
would likely occur in July and August as well.
Councilmember Gorgol’s employment and role at the Family Center/La Familia:
The following is the statement submitted by Councilmember Gorgol describing her position and role at The
Family Center/La Familia:
My position at TFC/LF is primarily funded by the Health Disparities Grant Program (HDGP)
administered by the Colorado Department of Health and Environment (CDPHE) Health Equity office.
CDPHE receives funding for the HDGP through Amendment 35 (tobacco tax). HDGP was create to
“provide prevention, early detection, and treatment of cancer and cardiovascular and pulmonary
diseases to under-represented population" (CRS 25-4 2201 (2)). Smaller portions of funding for my
position have included the Larimer County Built Environment (LCDHE) through the Cancer,
Cardiovascular, and Chronic Pulmonary Disease (CCPD) grant program which receives funding from
Amendment 35 as well. Due to being grant funded my compensation is not tied to the success of the
program, rather it is tied to meeting deliverables such as number of meetings.
Overview of Work
Pertaining to this advisory opinion I will focus my work activities on a program called “Mi Voz” (My
Voice). Mi Voz is a community-led project working with Spanish speaking residents in mobile home
parks to address housing insecurity through civic engagement, leadership development, and
advocacy. Mi Voz works very intentionally with three mobile home parks: Poudre Valley Mobile Home
Park (Larimer County), Hickory Mobile Home Park (City of Fort Collins), and Parklane Mobile Home
Park (Larimer County). While Mi Voz works closely with these three parks there are community
members that have attended informational meetings from Harmony Mobile Home Park and Collins
Aire Mobile Home Park (both located in the County).
Below is the project summary:
“This project addresses toxic community stress among low income and Hispanic/Latinx families living
in mobile home parks in Larimer County by increasing protective local policies for land
preservation/designation, facilitating resident ownership of property, and transforming the delivery of
community-based trauma informed care and supportive services to families with young children”
During my time at TFC/LF my role has changed, both roles are outlined below.
For a year and half (July 2018-January 2019) my position at TFC/LF was the Special Projects
Manager.
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3
My role during this time was to:
• Hold events with mobile home park residents to learn about community issues
• Hold events to educate mobile home park residents on Resident Rights
• Connect residents to elected officials and city/county staff to advocate for community
improvements
• Connect residents to leadership development opportunities
• Advise residents on advocacy and civic engagement opportunities
Due to the expansion of the program my role has shifted to the Policy and Grants Director. This role is
more removed from working directly with community members and serves as an advisory role to the
Mi Voz program.
My role now includes:
• Advise staff on advocacy opportunities for community members
• Work with elected officials on how to engage with residents
• Advise residents on civic engagement opportunities
• Bridge between government processes and mobile home park residents
• Expand organization’s presence in other policy processes
Due to the focus of the community advocacy efforts and my involvement, I am seeking an advisory
opinion from the Ethics review board as to my involvement with mobile home park land use and code
changes.
Question 1: Under the conflicts of interest provisions in the City Charter, does Councilmember
Gorgol’s employment and role at the Family Center/La Familia prevent her from participating
in the City Council’s decision(s) regarding (1) the establishment of manufactured housing zone
district; or (2) the rezoning of particular manufactured housing communities?
Relevant City Ethics Provisions:
The City Charter and City Code prohibit members of the City Council from participating in a decision if
the Councilmember has a financial interest or a personal interest in the decision. A copy of the Charter
provisions and City Code Section 2-568 are attached for reference.
1. Section 2-568(a) of the City Code defines and interprets several key terms used in these definitions:
(2) Benefit shall mean an advantage or gain.
(6) 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.
(7) Direct shall mean resulting immediately and proximately from the circumstances and not from an
intervening cause.
(8) Detriment shall mean disadvantage, injury, damage or loss.
(13) Public services shall mean city services provided to or made available for the public's benefit.
(15) 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.
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(17) Similarly situated citizens shall mean citizens in like circumstances having comparable legal rights
and obligations.
(18) Substantial shall mean more than nominal in value, degree, amount or extent.
2. A financial interest is defined in Section 9(a) of the Charter Article IV as follows:
Financial interest means any interest equated with money or its equivalent. Financial interest shall not include:
a. 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;
b. 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;
c. 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;
d. 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 institution, in such lending institution;
e. 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;
f. 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 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;
g. 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
h. 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.
3. A personal interest is defined in Section 9(a) of the Charter Article IV as follows:
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:
a. 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;
b. 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
c. the interest that an officer or employee has in the compensation, benefits, or terms and conditions of his or
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5
her employment with the city.
NOTE: One ethics opinion from a prior Ethics Review Board review of the “personal interest” test in 2000
applying the currently applicable provision, Ethics Opinion 2000-1, is attached for reference and
consideration by the Board in evaluating how this provision applies to Councilmember Gorgol’s inquiry
and circumstances.
Question 2: Under the ethics provisions in the laws of the State of Colorado, does
Councilmember Gorgol’s employment and role at the Family Center/La Familia prevent her
from participating in the City Council’s decision(s) regarding (1) the establishment of
manufactured housing zone district; or (2) the rezoning of particular manufactured housing
communities?
Potentially Relevant State Ethics Provisions (all attached in full):
1. As defined for the purpose of the statutory ethics provisions:
i. Councilmembers are “local government officials” (as defined in Section 24-18-102(6)).
ii. "Financial interest" means a substantial interest held by an individual which is:
(a) An ownership interest in a business;
(b) A creditor interest in an insolvent business;
(c) An employment or a prospective employment for which negotiations have begun;
(d) An ownership interest in real or personal property;
(e) A loan or any other debtor interest; or
(f) A directorship or officership in a business. (Section 24-18-102(4))
2. Section 24-18-103, C.R.S., when read in conjunction with the rest of the statutory standards of conduct, is
interpreted to establish an ethical standard of conduct concerning activities that could allow covered
individuals to improperly benefit financially from their public office. However, it is general in nature and does
not specify a standard or rule to determine what is permissible.
3. Section 24-18-104, C.R.S., prohibits disclosure or use of confidential information acquired in the course of
official duties and acceptance of certain gifts.
4. Section 24-18-105, C.R.S., sets out ethical principles that are “intended as guides to conduct and do not
constitute violations as such of the public trust of office or employment in state or local government.”
i. Section 24-18-015(2) provides that:
(2) A … local government official … should not acquire or hold an interest in any business or undertaking
which he has reason to believe may be directly and substantially affected to its economic benefit by official
action to be taken by an agency over which he has substantial authority.
ii. Section 24-18-105(4) provides that:
(4) A …local government official …should not perform an official act directly and substantially affecting
a business or other undertaking to its economic detriment when he has a substantial financial interest in
a competing firm or undertaking. (Emphasis added.)
5. Section 24-18-109(2), C.R.S., provides that a local government official or employee shall not (in relevant
part):
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i. Engage in a substantial financial transaction for his private business purposes with a person whom he
inspects or supervises in the course of his official duties (§ 24-18-109(2)(a)); or
ii. Perform an official act directly and substantially affecting to its economic benefit a business or other
undertaking in which he either has a substantial financial interest or is engaged as counsel,
consultant, representative or agent (§ 24-18-109(2)(b));
iii. A member of a governing body of a local government who has a personal or private interest in any
matter proposed or pending before the governing body shall disclose such interest and refrain from
participating in the decision unless necessary to obtain a quorum (§ 24-18-109(3));
1. It is unclear whether the reference to “personal or private interest” in this subparagraph of Section
109 is intended to reference back to the specified types of interests described in Section 109, or to
introduce some other additional limitation. The term is not defined or discussed, so it is reasonable
to interpret this provision as setting out the requirements for acting when one of the personal or
private interests described in Section 109 is identified.
6. Article XXIX of the Colorado constitution – also referred to as “Amendment 41,” sets out limits for state
and local officers and employees, by establishing limits on the acceptance of gifts and forming an Independent
Ethics Commission to hear complaints about conduct of covered officials. While the amendment applies to
municipalities in general, Section 7 provides, “Any county or municipality may adopt ordinances or charter
provisions with respect to ethics matters that are more stringent than any of the provisions contained in this
article. The requirements of this article shall not apply to home rule counties or home rule municipalities that
have adopted charters, ordinances, or resolutions that address the matters covered by this article.” (Emphasis
added.)
Since the enactment of Amendment 41, it has been generally understood that Section 7 exempts home-rule
cities that have enacted their own local charter and code ethics provisions, like Fort Collins, from its
provisions. A copy of Amendment 41 (Article XXIX) is attached to this Agenda Item Summary for
reference.
In September 2010, the City Council adopted Resolution 2010-063, finding and determining that the City’s
Charter and Code adequately and appropriately address those matters covered by Amendment 41, that no
further action by the City Council is warranted or necessary in order to further the purposes of Amendment
41 or address the matters contained therein, and that the requirements of Amendment 41 shall not be
applicable to the City of Fort Collins.
ATTACHMENTS:_________________________________________________________________________
1. Statement from Emily Gorgol
2. Grant and Policy Job Description
3. City Code Section 2-569
4. City Code Section 2-568(a)
5. City Charter Section 9(a)
6. Resolution 80-2000 and Ethics Opinion 2000-1
7. CRS Section 24-18-102(4) and (6)
8. CRS Section 24-18-103
9. CRS Section 24-18-104
10. CRS Section 24-18-105
11. CRS Section 24-18-109
12. Article XXIX of Colorado Constitution (also known as “Amendment 41”)
13. Resolution 2010-063
0006
Dear Ethics Review Board,
Thank you for taking the time to provide an advisory opinion regarding any conflicts of interest due to
my employment and nature of work at The Family Center/La Familia (TFC/LF). Below I have outlined
how my position is funded and my job responsibilities. In addition, I have attached my job description.
Funding
My position at TFC/LF is primarily funded by the Health Disparities Grant Program (HDGP) administered
by the Colorado Department of Health and Environment (CDPHE) Health Equity office. CDPHE receives
funding for the HDGP through Amendment 35 (tobacco tax). HDGP was create to “provide prevention,
early detection, and treatment of cancer and cardiovascular and pulmonary diseases to under-
represented population" (CRS 25-4 2201 (2)).
Smaller portions of funding for my position have included the Larimer County Built Environment (LCDHE)
through the Cancer, Cardiovascular, and Chronic Pulmonary Disease (CCPD) grant program which
receives funding from Amendment 35 as well.
Due to being grant funded my compensation is not tied to the success of the program, rather it is tied to
meeting deliverables such as number of meetings.
Overview of Work
Pertaining to this advisory opinion I will focus my work activities on a program called “Mi Voz” (My
Voice). Mi Voz is a community-led project working with Spanish speaking residents in mobile home
parks to address housing insecurity through civic engagement, leadership development, and advocacy.
Mi Voz works very intentionally with three mobile home parks: Poudre Valley Mobile Home Park
(Larimer County), Hickory Mobile Home Park (City of Fort Collins), and Parklane Mobile Home Park
(Larimer County). While Mi Voz works closely with these three parks there are community members that
have attended informational meetings from Harmony Mobile Home Park and Collins Aire Mobile Home
Park (both located in the County).
Below is the project summary:
“This project addresses toxic community stress among low income and Hispanic/Latinx families living in
mobile home parks in Larimer County by increasing protective local policies for land
preservation/designation, facilitating resident ownership of property, and transforming the delivery of
community-based trauma informed care and supportive services to families with young children”
During my time at TFC/LF my role has changed, both roles are outlined below.
For a year and half (July 2018-January 2019) my position at TFC/LF was the Special Projects Manager.
My role during this time was to:
• Hold events with mobile home park residents to learn about community issues
• Hold events to educate mobile home park residents on Resident Rights
Attachment 1
0001
• Connect residents to elected officials and city/county staff to advocate for community
improvements
• Connect residents to leadership development opportunities
• Advise residents on advocacy and civic engagement opportunities
Due to the expansion of the program my role has shifted to the Policy and Grants Director. This role is
more removed from working directly with community members and serves as an advisory role to the Mi
Voz program.
My role now includes:
• Advise staff on advocacy opportunities for community members
• Work with elected officials on how to engage with residents
• Advise residents on civic engagement opportunities
• Bridge between government processes and mobile home park residents
• Expand organization’s presence in other policy processes
Due to the focus of the community advocacy efforts and my involvement, I am seeking an advisory
opinion from the Ethics review board as to my involvement with mobile home park land use and code
changes.
I look forward to the discussion and answering any questions you may have.
Best,
Emily Gorgol
Attachment 1
0002
The Family Center/La Familia
Policy and Grants Director
Job Description
General Statement of Duties:
Since 1995, The Family Center/La Familia (TFC/LF), a bilingual and multicultural organization,
has provided childcare and support services to families in Fort Collins and Larimer County.
Reporting to the Executive Director, the Grants and Policy Director will provide oversight,
direction, and technical support for grants awarded to The Family Center, particularly the
Health Disparities Grant Program (HDGP). This position will also be responsible for building
relationships and community support to advocate for community identified issues at a policy
level.
Responsibilities include:
Policy Grant Oversight
● Identify and provide oversight for HDGP subcontractors
● Identify and lead subcontracted work with other partners as lead agencies
● Work with the HDGP team to ensure completion and documentation of grant funded
work for the purposes of evaluation and reporting
● Work with HDGP Manager to develop statements of work
● Work with Finance Director on budget reconciliation for reporting to funders
● Provide support to HDGP manager for program budget direction
● Maintain positive relationships with funders through ongoing communication and timely
reporting
Advocacy and Policy
● Advise elected officials, city/county staff and other leaders on best practices for
community engagement
● Monitor local opportunities to influence policy change to support community identified
issues
● Attend meetings with partner agencies with an emphasis on early childhood education
and housing policy
● Assess policy/systems needs and opportunities through community relationships, work
piloted through grant contracts, and coordination with other agency program leaders
● Advise Executive Director and Board of Directors on policy direction for organization
Other duties as assigned including but not limited to:
● Provide support to the Executive Director with grant research and applications
● Work with program leaders and ED to design agency wide planning and evaluation
Attachment 2
0001
Qualifications:
● Bachelor’s Degree or equivalent experience required
● Demonstrated experience in policy and advocacy
● A minimum of two years of program management
● A minimum of two years grant management
● Demonstrated experience in grant management
● Must successfully pass background check.
Skills and Experience:
● Experience influencing policy and system changes; preferably at the government level
● Ability to identify opportunities for policy change at the systems level
● Proven experience building relationships with agencies
● Demonstrated ability to organize multiple tasks, prioritize projects and achievement of
project deadlines, goals, and objectives
● Strong written and verbal communication skills
● Proven ability to manage long-term projects; preferably with subcontractors.
● Experience working in or with manufactured home communities highly desired, but not
required
● Ability to successfully facilitate meetings
● Work with diverse populations
Attachment 2
0002
Sec. 2-569. - Board of ethics.
(a) In order to assist the Councilmembers and board and commission members in interpreting and
applying the definitions, rules and procedures pertaining to ethics established by the Charter and
Code and by the applicable provisions of state statute, there is hereby created a Board of the City to
be known as the Ethics Review Board, hereafter referred to in this Division as the "Review Board."
(b) The Review Board shall consist of three (3) Councilmembers elected by the City Council, one (1) of
whom shall be elected by the Review Board to serve as a chairperson. One (1) alternate shall also
be appointed by the City Council to serve in the event that a regular member of the Review Board is
unavailable or in the event that any particular complaint or inquiry is directed towards a member of
the Review Board.
(c) Subject to the provisions of Subsection (d) below, the duties and responsibilities of the Review
Board shall be as follows:
(1) To review and investigate complaints of unethical conduct filed against Councilmembers or
board and commission members by any person;
(2) To review and investigate actual or hypothetical situations involving potential conflicts of
interest presented by individual Councilmembers or board and commission members;
(3) After review and investigation, to render advisory opinions or interpretations pertaining to such
complaints or inquiries under the relevant provisions of the Charter and Code and the applicable
provisions of state law, if any, and to make written recommendations to the City Council and
any affected board or commission concerning the same; and
(4) To propose any revisions to the provisions of the Charter or Code or other regulations, rules or
policies of the City pertaining to ethical conduct as the Review Board may deem necessary and
appropriate in the best interests of the City.
(d) Complaints and inquiries shall be submitted to the Review Board only according to the following
procedures:
(1) Complaints.
a. Any person who believes that a Councilmember or board and commission member has
violated any provision of state law or the Charter or Code pertaining to ethical conduct may
file a complaint with the City Clerk, who shall immediately notify the chairperson of the
Review Board, the Councilmembers or board and commission members named in the
complaint and the City Council. The complaint shall be promptly scheduled for
consideration by the Review Board as soon as reasonably practicable. No more than thirty
(30) working days after the date of filing of the complaint, the Review Board shall meet and
consider the complaint. In the event extenuating circumstances arise in the scheduling and
preparation for such meeting, the time for meeting shall be extended by fourteen (14)
calendar days. All Councilmembers or board and commission members named in the
complaint, as well as the complainant, shall be given written notice of such meeting at least
three (3) working days prior to the meeting. A notice of the complaint, including the identity
of the complainant shall be posted along with the meeting notice.
b. Upon receipt of any such complaint, the Review Board shall, after consultation with the City
Attorney, decide by majority vote whether to formally investigate the complaint. In making
such determination, the Review Board shall consider the following: (1) whether the
allegations in the complaint, if true, would constitute a violation of state or local ethical
rules; (2) the reliability and sufficiency of any facts asserted in support of the allegations;
and (3) any other facts or circumstances that the Review Board may consider relevant. If
the Review Board determines that the complaint does not warrant investigation, the
Review Board shall send written notice to the complainant of its determination and the
reasoning behind that determination, and shall provide a copy of such notice, together with
Attachment 3
0001
a copy of the complaint, to all Councilmembers or board or commission members named in
the complaint, as well as the City Council.
c. In the event that a complaint is filed with the City Clerk under the provisions of this
Subsection which alleges a violation on the part of two (2) or more members of the Review
Board (including the alternate), such complaint shall not be referred to the regular Review
Board for review but shall instead be submitted to an alternate Review Board consisting of
all remaining Councilmembers who are not named in the complaint; provided, however,
that if five (5) or more Councilmembers are named in the complaint, the alternate Review
Board shall also include as many members of City boards and commissions as are
necessary to constitute a seven-member board. Said Board and commission members
shall be selected at random by the City Clerk within ten (10) working days of the date upon
which the complaint is filed with the City Clerk. Any board and commission members
selected by the City Clerk who elect not to serve on the alternate Review Board shall
immediately so notify the City Clerk, who shall thereafter select as many additional board
and commission members as are necessary to constitute the seven-member alternate
Review Board. The procedures utilized by the alternate Review Board for reviewing and
investigating the complaint and rendering an advisory opinion and recommendation shall
be as provided in Subsections (b) and (e) of this Section, except that: (i) the opinion and
recommendation of such Board shall be final and shall not be submitted to the City Council
for review or adoption by the City Council unless at least three (3) Councilmembers remain
available to consider and take action on the opinion and recommendation; and (ii) the City
Council and City staff shall, upon request by the alternate Review Board, make available to
such Board all information in the possession of the city that is relevant to the Board's
investigation, including, without limitation, tape recordings of any relevant executive
sessions, unless the release of said information is prohibited by state or federal law; and, in
reviewing and discussing such information, the Board shall abide by any local, state or
federal confidentiality requirements that might limit or prohibit the release of such
information to third parties.
(2) City Council inquiries. Any Councilmember may present directly to the Review Board any
inquiry regarding the application of ethical rules of conduct under state statute or the Charter or
Code to any actual or hypothetical situation of a Councilmember or board and commission
member.
(e) In performing its review and investigation of any complaint or inquiry submitted in accordance with
Subsection (d) hereof, the Review Board shall afford all affected Councilmembers or board and
commission members an opportunity to present their interpretations of the facts at issue and of the
applicable provisions of law before rendering its opinion and recommendation. The Review Board
may also request such additional materials or information from City staff or members of the public
which it considers reasonably necessary or helpful to its deliberations. In addition, in the case of a
complaint, the Review Board shall have the power to compel by subpoena the attendance and
testimony of witnesses and the production of such documents as the Review Board may consider
necessary to its investigation. After investigation, the Review Board shall forthwith issue an advisory
opinion and recommendation to the City Council, which shall immediately thereafter be filed with the
City Clerk and be available for public inspection. Said opinion and recommendation shall be
submitted to city Council at a regular City Council meeting, at which time the City Council shall
determine whether to adopt the same. Any whose conduct or circumstance is the subject of the
opinion shall refrain from participating in any deliberations of the City Council regarding the opinion.
(f) The City Attorney shall provide legal advice to the Review Board and shall prepare and execute all
advisory opinions and recommendations of the review board.
(g) Compliance with the applicable provisions of the Charter and Code and the provisions of state law,
as well as decisions regarding the existence or nonexistence of conflicts of interest and the
appropriate actions to be taken in relation thereto, shall be the responsibility of each individual
Councilmember or board and commission member, except as provided in Subparagraph 2-
568(c)(1)(g). An opinion adopted by the City Council under Subsection (e) of this Section shall
Attachment 3
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constitute an affirmative defense to any civil or criminal action or any other sanction against a
Councilmember or board or commission member acting in reliance thereon.
(Ord. No. 112, 1989, § 1, 8-1-89; Ord. No. 17, 1993, 2-16-93; Ord. No. 64, 1993, 7-20-93; Ord.
132, 2001, § 2, 9-18-01; Ord. No. 110, 2002, §§ 1—3, 8-20-02; Ord. No. 144, 2014, 11-4-14 ; Ord.
No. 102, 2019 , § 2, 9-3-19)
Attachment 3
0003
Sec. 2-568. - Ethical rules of conduct.
(a) Definitions. The following words, terms and phrases, when used in this Section, Section 2-569 and
in Section 9 of the Charter Article IV, shall have the following meanings:
(1) Attempt to influence or influence, as it pertains to this Section, shall mean take any action
intended to impact, shape, control, sway, bias or prejudice.
(2) Benefit shall mean an advantage or gain.
(3) Board and commission member shall mean a member of any appointive board or commission
of the City.
(4) Confidential information or information received in confidence shall mean:
a. 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;
b. 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
c. 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.
(5) Councilmember shall mean a member of the City Council.
(6) 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.
(7) Direct shall mean resulting immediately and proximately from the circumstances and not from
an intervening cause.
(8) Detriment shall mean disadvantage, injury, damage or loss.
(9) 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:
a. 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;
b. 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;
c. 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;
d. 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 institution, in such
lending institution;
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e. 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;
f. 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 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;
g. 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
h. 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.
(10) 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:
a. Established under the provisions of the Colorado Revised Statutes;
b. Governed by state statutory rules of ethical conduct; and
c. Expressly exempted from the provisions of Article IV of the City Charter by ordinance of the
City Council.
(11) 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:
a. 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;
b. 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
c. the interest that an officer or employee has in the compensation, benefits, or terms and
conditions of his or her employment with the city.
(12) Public body shall have the meaning given to this term in Section 9(a) of Charter Article IV,
which states:
Public body means the Council or any authority, board, committee, commission, service area,
department or office of the city.
(13) Public services shall mean city services provided to or made available for the public's benefit.
(14) 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.
(15) Related entity shall mean any corporation, limited liability company, partnership, sole
proprietorship, joint venture, trust, estate, foundation, association, business, company or any
Attachment 4
0002
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.
(16) 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.
(17) 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.
(18) Similarly situated citizens shall mean citizens in like circumstances having comparable legal
rights and obligations.
(19) Substantial shall mean more than nominal in value, degree, amount or extent.
(b) Notwithstanding the provisions of § 1-15 of the Code, an alleged violation of the provisions of this
Section 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 § 2-569.
(c) Rules of conduct.
(1) 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.
a. 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.
b. 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.
c. 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.
d. 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
Attachment 4
0003
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.
e. Certain distribution and discussion by City Manager and City Attorney permitted.
Notwithstanding the provisions of Subparagraphs c. and d. 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.
f. 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 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.
g. 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 § 2-569.
(2) 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)(5) or (c)(6).
(3) In any action in which a member of a City board or commission member ("member") declares a
conflict of interest, such member shall not communicate to or attempt to influence such board or
commission regarding such item, in any capacity, except that:
a. 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.
b. 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.
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c. if a member has declared a conflict of interest in a matter in accordance with the City
Charter and Code and so is precluded from participating in or influencing the decision of
his or her board or commission, he or she may request a variance from the limitations of
this subsection from the City Council in the following circumstances, and in the following
manner:
1. The member must submit a request for a variance to the City Clerk on a form provided
by the City Clerk for such purpose.
2. The member must demonstrate that without the variance, he or she would suffer an
exceptional hardship, and that no reasonable alternative exists that would allow for
that hardship to be avoided or substantially mitigated;
3. The City Council must act by resolution to approve or disapprove the requested
variance.
d. This limitation does not apply to other members, partners, or other parties of the member's
or firm or entity, who may continue to work on the project and may advocate to such
member's board or commission, provided that the member has declared the conflict and
refrains from participating in the matter consistent with the application limitations.
(4) 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:
a. Campaign contributions reported as required by Chapter 7, Article V of this Code;
b. A nonpecuniary award publicly presented by a nonprofit organization in recognition of
public service;
c. 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;
d. Reimbursement for or acceptance of an opportunity 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;
e. 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
f. Payment of salary from employment, including other employment in addition to that earned
from being an officer or employee.
(5) 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.
(6) 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
Attachment 4
0005
redacted from such disclosure. Disclosure by means of an electronic message shall be deemed
to constitute written disclosure for purposes of this provision.
(Ord. No. 112, 1989, § 1, 8-1-89; Ord. No. 162, 2000, § 2, 11-21-00; Ord. No. 109, 2002, §§ 1—
4, 8-20-02; Ord. No. 145, 2014, 11-4-14 ; Ord. No. 159, 2014, §§ 1—3, 11-18-14 ; Ord. No. 037, 2017 ,
§§ 2, 3, 3-7-17; Ord. No. 167, 2017 , § 2, 12-19-17; Ord. No. 057, 2020 , § 2, 4-21-20)
Attachment 4
0006
Section 9. - Conflicts of interest.
(a) Definitions. For purposes of construction of this Section 9, the following words and phrases shall
have the following meanings:
Business means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual, holding company, joint stock company, receivership, trust, activity
or entity.
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 institution, 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 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.
Officer or employee means any person holding a position by election, appointment or employment in the
service of the city, whether part-time or full-time, including a 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 this Article by ordinance of the Council.
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:.
Attachment 5
0001
(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.
Public body means the Council or any authority, board, committee, commission, service area, department
or office of the city.
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.
(b) Rules of conduct concerning conflicts of interest.
(1) Sales to the city. No officer or employee, or relative of such officer or employee, shall have a
financial interest in the sale to the city of any real or personal property, equipment, material,
supplies or services, except personal services provided to the city as an officer or employee, if:
a. such officer or employee is a member of the Council;
b. such officer or employee exercises, directly or indirectly, any decision-making authority on
behalf of the city concerning such sale; or
c. in the case of services, such officer or employee exercises any supervisory authority in his
or her role as a city officer or employee over the services to be rendered to the city.
(2) Purchases from the city. No officer, employee or relative shall, directly or indirectly, purchase
any real or personal property from the city, except such property as is offered for sale at an
established price, and not by bid or auction, on the same terms and conditions as to all
members of the general public.
(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.
(4) Disclosure procedure. If any officer or employee has any financial or personal interest requiring
disclosure under subsection (3) of this section, such person shall immediately upon discovery
thereof declare such interest by delivering a written statement to the City Clerk, with copies to
the City Manager and, if applicable, to the chairperson of the public body of which such person
is a member, which statement shall contain the name of the officer or employee, the office or
position held with the city by such person, and the nature of the interest. If said officer or
employee shall discover such financial or personal interest during the course of a meeting or in
such other circumstance as to render it practically impossible to deliver such written statement
prior to action upon the matter in question, said officer or employee shall immediately declare
such interest by giving oral notice to all present, including a description of the nature of the
interest.
(5) Violations. Any contract made in violation of this Section shall be voidable by the city. If voided
within one (1) year of the date of execution thereof, the party obtaining payment by reason of
such contract shall, if required by the city, forthwith return to the city all or any designated
portion of the monies received by such individual from the city by reason of said contract,
together with interest at the lawful maximum rate for interest on judgments.
Attachment 5
0002
(Res. No. 71-12, 2-11-71, approved, election 4-6-71; Ord. No. 155, 1988, 12-20-88, approved,
election 3-7-89; Ord. No. 10, 1997, § 1, 2-4-97, approved, election 4-8-97; Ord. No. 22, 2001, §
2, 2-20-01, approved, election 4-3-01; Ord. No. 003, 2017 , § 2, 1-17-17, approved, election 4-4-
17)
Attachment 5
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Attachment 6
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Attachment 6
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Attachment 6
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Attachment 6
0004
CRS 24-18-102(4)
(4) “Financial interest” means a substantial interest held by an individual which is:
(a) An ownership interest in a business;
(b) A creditor interest in an insolvent business;
(c) An employment or a prospective employment for which negotiations have begun;
(d) An ownership interest in real or personal property;
(e) A loan or any other debtor interest; or
(f) A directorship or officership in a business.
CRS 24-18-102(6)
(6) “Local government official” means an elected or appointed official of a local government
but does not include an employee of a local government.
Attachment 7
0001
Colorado Revised Statutes Title 24.
Government State § 24-18-103
(1) The holding of public office or employment is a public trust, created by the
confidence which the electorate reposes in the integrity of public officers, members of
the general assembly, local government officials, and employees. A public officer,
member of the general assembly, local government official, or employee shall carry out
his duties for the benefit of the people of the state.
(2) A public officer, member of the general assembly, local government official, or
employee whose conduct departs from his fiduciary duty is liable to the people of the
state as a trustee of property and shall suffer such other liabilities as a private fiduciary
would suffer for abuse of his trust. The district attorney of the district where the trust is
violated may bring appropriate judicial proceedings on behalf of the people. Any
moneys collected in such actions shall be paid to the general fund of the state or local
government. Judicial proceedings pursuant to this section shall be in addition to any
criminal action which may be brought against such public officer, member of the general
assembly, local government official, or employee.
Attachment 8
0001
Colorado Revised Statutes Title 24.
Government State § 24-18-104
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the actor has breached his fiduciary duty and the public trust. A
public officer, a member of the general assembly, a local government official, or an
employee shall not:
(a) Disclose or use confidential information acquired in the course of his official duties
in order to further substantially his personal financial interests; or
(b) Accept a gift of substantial value or a substantial economic benefit tantamount to a
gift of substantial value:
(I) Which would tend improperly to influence a reasonable person in his position to
depart from the faithful and impartial discharge of his public duties; or
(II) 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.
(2) An economic benefit tantamount to a gift of substantial value includes without
limitation:
(a) A loan at a rate of interest substantially lower than the commercial rate then
currently prevalent for similar loans and compensation received for private services
rendered at a rate substantially exceeding the fair market value of such services; or
(b) The acceptance by a public officer, a member of the general assembly, a local
government official, or an employee of goods or services for his or her own personal
benefit offered by a person who is at the same time providing goods or services to the
state or a local government under a contract or other means by which the person
receives payment or other compensation from the state or local government, as
applicable, for which the officer, member, official, or employee serves, unless the totality
of the circumstances attendant to the acceptance of the goods or services indicates that
the transaction is legitimate, the terms are fair to both parties, the transaction is
supported by full and adequate consideration, and the officer, member, official, or
employee does not receive any substantial benefit resulting from his or her official or
governmental status that is unavailable to members of the public generally.
(3) The following are not gifts of substantial value or gifts of substantial economic
benefit tantamount to gifts of substantial value for purposes of this section:
Attachment 9
0001
(a) Campaign contributions and contributions in kind reported as required by section 1-
45-108, C.R.S .;
(b) An unsolicited item of trivial value;
(b.5) A gift with a fair market value of fifty-three dollars or less that is given to the public
officer, member of the general assembly, local government official, or employee by a
person other than a professional lobbyist.
(c) An unsolicited token or award of appreciation as described in section 3(3)(c) of
article XXIX of the state constitution ;
(c.5) Unsolicited informational material, publications, or subscriptions related to the
performance of official duties on the part of the public officer, member of the general
assembly, local government official, or employee;
(d) Payment of or reimbursement for reasonable expenses paid by a nonprofit
organization or state and local government in connection with attendance at a
convention, fact-finding mission or trip, or other meeting as permitted in accordance with
the provisions of section 3(3)(f) of article XXIX of the state constitution ;
(e) Payment of or reimbursement for admission to, and the cost of food or beverages
consumed at, a reception, meal, or meeting that may be accepted or received in
accordance with the provisions of section 3(3)(e) of article XXIX of the state
constitution ;
(f) A gift given by an individual who is a relative or personal friend of the public officer,
member of the general assembly, local government official, or employee on a special
occasion.
(g) Payment for speeches, appearances, or publications that may be accepted or
received by the public officer, member of the general assembly, local government
official, or employee in accordance with the provisions of section 3 of article XXIX of the
state constitution that are reported pursuant to section 24-6-203(3)(d) ;
(h) Payment of salary from employment, including other government employment, in
addition to that earned from being a member of the general assembly or by reason of
service in other public office;
(i) A component of the compensation paid or other incentive given to the public officer,
member of the general assembly, local government official, or employee in the normal
course of employment; and
(j) Any other gift or thing of value a public officer, member of the general assembly,
local government official, or employee is permitted to solicit, accept, or receive in
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accordance with the provisions of section 3 of article XXIX of the state constitution , the
acceptance of which is not otherwise prohibited by law.
(4) The provisions of this section are distinct from and in addition to the reporting
requirements of section 1-45-108, C.R.S ., and section 24-6-203 , and do not relieve an
incumbent in or elected candidate to public office from reporting an item described in
subsection (3) of this section, if such reporting provisions apply.
(5) The amount of the gift limit specified in paragraph (b.5) of subsection (3) of this
section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of
the gift limit under section 3 of article XXIX of the state constitution , and shall be
adjusted for inflation contemporaneously with any adjustment of the constitutional gift
limit pursuant to section 3(6) of article XXIX .
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Colorado Revised Statutes Title 24.
Government State § 24-18-105
(1) The principles in this section are intended as guides to conduct and do not
constitute violations as such of the public trust of office or employment in state or local
government.
(2) A public officer, a local government official, or an employee should not acquire or
hold an interest in any business or undertaking which he has reason to believe may be
directly and substantially affected to its economic benefit by official action to be taken by
an agency over which he has substantive authority.
(3) A public officer, a local government official, or an employee should not, within six
months following the termination of his office or employment, obtain employment in
which he will take direct advantage, unavailable to others, of matters with which he was
directly involved during his term of employment. These matters include rules, other
than rules of general application, which he actively helped to formulate and applications,
claims, or contested cases in the consideration of which he was an active participant.
(4) A public officer, a local government official, or an employee should not perform an
official act directly and substantially affecting a business or other undertaking to its
economic detriment when he has a substantial financial interest in a competing firm or
undertaking.
(5) Public officers, local government officials, and employees are discouraged from
assisting or enabling members of their immediate family in obtaining employment, a gift
of substantial value, or an economic benefit tantamount to a gift of substantial value
from a person whom the officer, official, or employee is in a position to reward with
official action or has rewarded with official action in the past.
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Colorado Revised Statutes Title 24.
Government State § 24-18-109
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the actor has breached his fiduciary duty and the public trust.
(2) A local government official or local government employee shall not:
(a) Engage in a substantial financial transaction for his private business purposes with
a person whom he inspects or supervises in the course of his official duties;
(b) Perform an official act directly and substantially affecting to its economic benefit a
business or other undertaking in which he either has a substantial financial interest or is
engaged as counsel, consultant, representative, or agent; or
(c) Accept goods or services for his or her own personal benefit offered by a person
who is at the same time providing goods or services to the local government for which
the official or employee serves, under a contract or other means by which the person
receives payment or other compensation from the local government, unless the totality
of the circumstances attendant to the acceptance of the goods or services indicates that
the transaction is legitimate, the terms are fair to both parties, the transaction is
supported by full and adequate consideration, and the official or employee does not
receive any substantial benefit resulting from his or her official or governmental status
that is unavailable to members of the public generally.
(3)(a) A member of the governing body of a local government who has a personal or
private interest in any matter proposed or pending before the governing body shall
disclose such interest to the governing body and shall not vote thereon and shall refrain
from attempting to influence the decisions of the other members of the governing body
in voting on the matter.
(b) A member of the governing body of a local government may vote notwithstanding
paragraph (a) of this subsection (3) if his participation is necessary to obtain a quorum
or otherwise enable the body to act and if he complies with the voluntary disclosure
procedures under section 24-18-110 .
(4) It shall not be a breach of fiduciary duty and the public trust for a local government
official or local government employee to:
(a) Use local government facilities or equipment to communicate or correspond with a
member's constituents, family members, or business associates; or
(b) Accept or receive a benefit as an indirect consequence of transacting local
government business.
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(5)(a) Notwithstanding any other provision of this article 18, it is neither a conflict of
interest nor a breach of fiduciary duty or the public trust for a local government official
who is a member of the governing body of a local government to serve on a board of
directors of a nonprofit entity and, when serving on the governing body, to vote on
matters that may pertain to or benefit the nonprofit entity.
(b)(I) Except as provided in subsection (5)(b)(II) of this section, a local government
official is not required to provide or file a disclosure or otherwise comply with the
requirements of subsection (3) of this section unless the local government official has a
financial interest in, or the local government official or an immediate family member
receives services from, the nonprofit entity independent of the official's membership on
the board of directors of the nonprofit entity.
(II) A local government official who serves on the board of directors of a nonprofit entity
shall publicly announce his or her relationship with the nonprofit entity before voting on
a matter that provides a direct and substantial economic benefit to the nonprofit entity.
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Colorado Constitution Article XXIX Ethics in Government
Section 1. Purposes and findings.
(1) The people of the state of Colorado hereby find and declare that:
(a) The conduct of public officers, members of the general assembly, local government
officials, and government employees must hold the respect and confidence of the
people;
(b) They shall carry out their duties for the benefit of the people of the state;
(c) They shall, therefore, avoid conduct that is in violation of their public trust or that
creates a justifiable impression among members of the public that such trust is being
violated;
(d) Any effort to realize personal financial gain through public office other than
compensation provided by law is a violation of that trust; and
(e) To ensure propriety and to preserve public confidence, they must have the benefit of
specific standards to guide their conduct, and of a penalty mechanism to enforce those
standards.
(2) The people of the state of Colorado also find and declare that there are certain costs
associated with holding public office and that to ensure the integrity of the office, such
costs of a reasonable and necessary nature should be born by the state or local
government.
Section 2. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Government employee" means any employee, including independent contractors,
of the state executive branch, the state legislative branch, a state agency, a public
institution of higher education, or any local government, except a member of the general
assembly or a public officer.
(2) "Local government" means county or municipality.
(3) "Local government official" means an elected or appointed official of a local
government but does not include an employee of a local government.
(4) "Person" means any individual, corporation, business trust, estate, trust, limited
liability company, partnership, labor organization, association, political party, committee,
or other legal entity.
(5) "Professional lobbyist" means any individual who engages himself or herself or is
engaged by any other person for pay or for any consideration for lobbying. "Professional
lobbyist" does not include any volunteer lobbyist, any state official or employee acting in
his or her official capacity, except those designated as lobbyists as provided by law, any
elected public official acting in his or her official capacity, or any individual who appears
as counsel or advisor in an adjudicatory proceeding.
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(6) "Public officer" means any elected officer, including all statewide elected
officeholders, the head of any department of the executive branch, and elected and
appointed members of state boards and commissions. "Public officer" does not include
a member of the general assembly, a member of the judiciary, any local government
official, or any member of a board, commission, council or committee who receives no
compensation other than a per diem allowance or necessary and reasonable expenses.
Section 3. Gift ban.
(1) No public officer, member of the general assembly, local government official, or
government employee shall accept or receive any money, forbearance, or forgiveness
of indebtedness from any person, without such person receiving lawful consideration of
equal or greater value in return from the public officer, member of the general assembly,
local government official, or government employee who accepted or received the
money, forbearance or forgiveness of indebtedness.
(2) No public officer, member of the general assembly, local government official, or
government employee, either directly or indirectly as the beneficiary of a gift or thing of
value given to such person's spouse or dependent child, shall solicit, accept or receive
any gift or other thing of value having either a fair market value or aggregate actual cost
greater than fifty dollars ($50) in any calendar year, including but not limited to, gifts,
loans, rewards, promises or negotiations of future employment, favors or services,
honoraria, travel, entertainment, or special discounts, from a person, without the person
receiving lawful consideration of equal or greater value in return from the public officer,
member of the general assembly, local government official, or government employee
who solicited, accepted or received the gift or other thing of value.
(3) The prohibitions in subsections (1) and (2) of this section do not apply if the gift or
thing of value is:
(a) A campaign contribution as defined by law;
(b) An unsolicited item of trivial value less than fifty dollars ($50), such as a pen,
calendar, plant, book, note pad or other similar item;
(c) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk
item, wall memento, or similar item;
(d) Unsolicited informational material, publications, or subscriptions related to the
recipient's performance of official duties;
(e) Admission to, and the cost of food or beverages consumed at, a reception, meal or
meeting by an organization before whom the recipient appears to speak or to answer
questions as part of a scheduled program;
(f) Reasonable expenses paid by a nonprofit organization or other state or local
government for attendance at a convention, fact-finding mission or trip, or other meeting
if the person is scheduled to deliver a speech, make a presentation, participate on a
panel, or represent the state or local government, provided that the non-profit
organization receives less than five percent (5%) of its funding from for-profit
organizations or entities;
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(g) Given by an individual who is a relative or personal friend of the recipient on a
special occasion.
(h) A component of the compensation paid or other incentive given to the recipient in
the normal course of employment.
(4) Notwithstanding any provisions of this section to the contrary, and excepting
campaign contributions as defined by law, no professional lobbyist, personally or on
behalf of any other person or entity, shall knowingly offer, give, or arrange to give, to
any public officer, member of the general assembly, local government official, or
government employee, or to a member of such person's immediate family, any gift or
thing of value, of any kind or nature, nor knowingly pay for any meal, beverage, or other
item to be consumed by such public officer, member of the general assembly, local
government official or government employee, whether or not such gift or meal,
beverage or other item to be consumed is offered, given or paid for in the course of
such lobbyist's business or in connection with a personal or social event; provided,
however, that a professional lobbyist shall not be prohibited from offering or giving to a
public officer, member of the general assembly, local government official or government
employee who is a member of his or her immediate family any such gift, thing of value,
meal, beverage or other item.
(5) The general assembly shall make any conforming amendments to the reporting and
disclosure requirements for public officers, members of the general assembly and
professional lobbyists, as provided by law, to comply with the requirements set forth in
this section.
(6) The fifty-dollar ($50) limit set forth in subsection (2) of this section shall be adjusted
by an amount based upon the percentage change over a four-year period in the United
States bureau of labor statistics consumer price index for Denver- Boulder-Greeley, all
items, all consumers, or its successor index, rounded to the nearest lowest dollar. The
first adjustment shall be done in the first quarter of 2011 and then every four years
thereafter.
Section 4. Restrictions on representation after leaving office.
No statewide elected officeholder or member of the general assembly shall personally
represent another person or entity for compensation before any other statewide elected
officeholder or member of the general assembly, for a period of two years following
vacation of office. Further restrictions on public officers or members of the general
assembly and similar restrictions on other public officers, local government officials or
government employees may be established by law.
Section 5. Independent ethics commission.
(1) There is hereby created an independent ethics commission to be composed of five
members. The purpose of the independent ethics commission shall be to hear
complaints, issue findings, and assess penalties, and also to issue advisory opinions,
on ethics issues arising under this article and under any other standards of conduct and
reporting requirements as provided by law. The independent ethics commission shall
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have authority to adopt such reasonable rules as may be necessary for the purpose of
administering and enforcing the provisions of this article and any other standards of
conduct and reporting requirements as provided by law. The general assembly shall
appropriate reasonable and necessary funds to cover staff and administrative expenses
to allow the independent ethics commission to carry out its duties pursuant to this
article. Members of the commission shall receive no compensation for their services on
the commission.
(2) (a) Members of the independent ethics commission shall be appointed in the
following manner and order:
(I) One member shall be appointed by the Colorado senate;
(II) One member shall be appointed by the Colorado house of representatives;
(III) One member shall be appointed by the governor of the state of Colorado;
(IV) One member shall be appointed by the chief justice of the Colorado supreme court;
and
(V) One member shall be either a local government official or a local government
employee appointed by the affirmative vote of at least three of the four members
appointed pursuant to subparagraphs (I) to (IV) of this paragraph (a).
(b) No more than two members shall be affiliated with the same political party.
(c) Each of the five members shall be registered Colorado voters and shall have been
continuously registered with the same political party, or continuously unaffiliated with
any political party, for at least two years prior to appointment to the commission.
(d) Members of the independent ethics commission shall be appointed to terms of four
years; except that, the first member appointed by the Colorado senate and the first
member appointed by the governor of the state of Colorado shall initially serve two year
terms to achieve staggered ending dates.
(e) If a member is appointed to fill an unexpired term, that member's term shall end at
the same time as the term of the person being replaced.
(f) Each member shall continue to serve until a successor has been appointed, except
that if a member is unable or unwilling to continue to serve until a successor has been
appointed, the original appointing authority as described in this subsection shall fill the
vacancy promptly.
(3) (a) Any person may file a written complaint with the independent ethics commission
asking whether a public officer, member of the general assembly, local government
official, or government employee has failed to comply with this article or any other
standards of conduct or reporting requirements as provided by law within the preceding
twelve months.
(b) The commission may dismiss frivolous complaints without conducting a public
hearing. Complaints dismissed as frivolous shall be maintained confidential by the
commission.
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(c) The commission shall conduct an investigation, hold a public hearing, and render
findings on each non-frivolous complaint pursuant to written rules adopted by the
commission.
(d) The commission may assess penalties for violations as prescribed by this article and
provided by law.
(e) There is hereby established a presumption that the findings shall be based on a
preponderance of evidence unless the commission determines that the circumstances
warrant a heightened standard.
(4) Members of the independent ethics commission shall have the power to subpoena
documents and to subpoena witnesses to make statements and produce documents.
(5) Any public officer, member of the general assembly, local government official, or
government employee may submit a written request to the independent ethics
commission for an advisory opinion on whether any conduct by that person would
constitute a violation of this article, or any other standards of conduct or reporting
requirements as provided by law. The commission shall render an advisory opinion
pursuant to written rules adopted by the commission.
Section 6. Penalty.
Any public officer, member of the general assembly, local government official or
government employee who breaches the public trust for private gain and any person or
entity inducing such breach shall be liable to the state or local jurisdiction for double the
amount of the financial equivalent of any benefits obtained by such actions. The manner
of recovery and additional penalties may be provided by law.
Section 7. Counties and municipalities.
Any county or municipality may adopt ordinances or charter provisions with respect to
ethics matters that are more stringent than any of the provisions contained in this article.
The requirements of this article shall not apply to home rule counties or home rule
municipalities that have adopted charters, ordinances, or resolutions that address the
matters covered by this article.
Section 8. Conflicting provisions declared inapplicable.
Any provisions in the statutes of this state in conflict or inconsistent with this article are
hereby declared to be preempted by this article and inapplicable to the matters covered
by and provided for in this article.
Section 9. Legislation to facilitate article.
Legislation may be enacted to facilitate the operation of this article, but in no way shall
such legislation limit or restrict the provisions of this article or the powers herein
granted.
Source: Initiated 2006: Entire article added, effective upon proclamation of the
Governor, L. 2007, p. 2960, December 31, 2006.
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