HomeMy WebLinkAboutAgenda - Mail Packet - 8/18/2020 - Ethics Review Board (Erb) Agenda - August 19, 2020
City Attorney’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6520
970.221.6327
fcgov.com
PUBLIC NOTICE
ETHICS REVIEW BOARD MEETING
An Ethics Review Board meeting will be held Wednesday, August 19, 2020 from
5:00 p.m. - 6:00 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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Meeting ID: 921 7737 5439
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0001
City Attorney’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6520
970.221.6327
fcgov.com
AGENDA
Ethics Review Board Meeting
August 19, 2020
5:00 p.m.
Via Zoom Meeting
Join Zoom Meeting
https://zoom.us/j/92177375439
Meeting ID: 921 7737 5439
One tap mobile
+12532158782,,92177375439# US (Tacoma)
+13462487799,,92177375439# US (Houston)
Dial by your location
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 669 900 9128 US (San Jose)
+1 301 715 8592 US (Germantown)
+1 312 626 6799 US (Chicago)
+1 646 558 8656 US (New York)
Meeting ID: 921 7737 5439
Find your local number: https://zoom.us/u/amYGqMmue
1. Selection of Presiding Officer for Ethics Review Board as it considers the pending
complaint.
2. Review and Approval of the July 31, 2020 Minutes of the Ethics Review Board.
3. Initial screening of a July 17, 2020 ethics complaint filed by Jake Knebgl alleging
that Mayor Wade Troxell has a conflict of interest for the Hughes Stadium
rezoning (and related land use matters) because of an anticipated appearance by
CSU Chancellor Tony Frank.
4. Other Business.
5. Adjournment.
0002
1
Ethics Review Board Meeting Minutes
July 31, 2020
5:00 p.m. Meeting Via Zoom
Ethics Review Board members in attendance: Mayor Wade Troxell, Councilmembers Julie Pignataro, Ken
Summers.
Staff in attendance: Carrie Daggett, City Attorney; Clay Douglas, Special Counsel, Jeanne Sanford,
Paralegal
Other Attendees: Councilmember Susan Gutowsky, Mayor Pro Tem Kristin Stephens; Kevin Jones, Fort
Collins Chamber of Commerce and Michael Pruznick.
A meeting of the City Council Ethics Review Board (“Board”) was held on Friday, July 31, 2020, at 5:00
p.m. via Zoom Meeting.
Mayor Pro Tem Stephens stated since she was named in one of the complaints, she would not be chairing
or participating in Councilmember Gutowsky’s complaint and would return to the meeting for the next item
as the subject of the complaint. Ms. Stephens indicated during the first item she would mute her microphone
and turn off her camera.
Michael Pruznick indicated there was no objection from him.
Councilmember Gutowsky asked Mr. Pruznick whether he would be on camera and Mr. Pruznick indicated
he had technology issues and did not wish to be on camera.
City Attorney Daggett called the Board’s attention to the first item on the Agenda – selection of a temporary
presiding officer.
Councilmember Summers suggested Councilmember Pignataro serve as Chair; Councilmember Pignataro
nominated Mayor Wade Troxell to chair.
Councilmember Summers made a motion to select Mayor Wade Troxell as presiding officer and
Councilmember Pignataro seconded the motion. The motion was unanimously approved.
City Attorney Daggett introduced Clay Douglas as special counsel for this Ethics Review Board Meeting.
She explained that Mr. Douglas was hired to prepare the Board materials and advise the Board in order to
avoid any conflict of interest in connection with Mr. Pruznick’s complaint against Councilmember
Gutowsky.
Chair Troxell called the first item on the Agenda which was the approval of the July 24, 2020, Minutes.
Chair Troxell stated he would not vote on this item as he did not participate in the that Ethics Review Board
meeting.
Councilmember Pignataro made a motion to approve the July 24, 2020, Minutes. Councilmember Summers
seconded the Motion. The Minutes were unanimously approved.
0003
2
The Board moved to the first discussion item -- initial screening of the complaint filed by Michael Pruznick
against Councilmember Susan Gutowsky alleging she had experienced a personal and financial benefit not
afforded to others, had a conflict of interest participating in the performance review and salary setting for
the City Manager, City Attorney, Chief Judge, failed to report her alleged candidacy for the 2021 Council
election and interfered with administrative service of the City.
Special Counsel, Clay Douglas, discussed the procedure, the meeting packet materials and checklist
provided. Mr. Douglas noted this Board would proceed using the process it has used in the past.
Chair Troxell discussed the major points of the conflict of interest contained in the Pruznick complaint. He
announced that the Board would allow each party to talk for five minutes. There would be no rebuttal time
but the Board would have time to seek clarification and ask questions.
The complainant, Michael Pruznick, stated he was okay with this procedure. He went on to state that
Councilmember Gutowsky’s statement referenced his Respectful Workplace Policy complaint and in doing
so revealed confidential information. Mr. Pruznick stated he wants to file a second complaint about that
issue. Mr. Pruznick then went through the allegations contained in his complaint.
Councilmember Gutowsky then read her filed statement, which was provided to the Board and Mr. Pruznick
in advance.
Chair Troxell then asked the Board if anyone had any follow-up questions.
Councilmember Summers stated that it sounds like the basis of Mr. Pruznick’s complaint against
Councilmember Gutowsky is that somehow leniency was obtained due to other actions Councilmember
Gutowsky was involved in.
Special Counsel Douglas stated that sounded like a good summary and drew the Board’s attention to the
checklist found on page 0014 and noted that only if the answer to all questions were yes would there be a
potential violation.
Chair Troxell stated that the complaint is based on only the alleged notion of leniency from the judge,
attorney, and investigator in this matter.
Special Counsel Douglas called the Board’s attention to the fact that, in response to Mr. Pruznick’s
argument that the prosecutor agreed to a deferred prosecution, the prosecutor was not a City employee, but
an outside retained counsel and the judge who decided this matter was not a City employee either. The
Intergovernmental Agreement proves this; the judge was an employee of the City of Loveland.
Since there were no other questions, Chair Troxell suggested the Board answer the questions in the checklist
and address those issues.
The Board then went through the checklist, answering the questions and found the answers to be “no”.
The Board then discussed the issue of whether Councilmember Gutowsky was required to have filed her
affidavit regarding candidacy for a Council seat in 2021.
Special Counsel Douglas discussed what triggers initiation of a Council candidacy.
0004
3
Chair Troxell stated based on a review of the evidence provided and the presentation by the complainant,
Michael Pruznick and response by Councilmember Gutowsky, there is not an ethics violation alleged and
nothing further needs to be done with regards to this complaint.
Chair Troxell made a motion that after having reviewed and considered the allegations of Mr. Pruznick’s
complaint, the Board finds there is no violation of any ethics laws and this Board determines not to
investigate this matter further as the allegations are without merit.
Paralegal Jeanne Sanford took a role call of the vote on this motion: Chair Troxell, yes; Councilmember
Pignataro, yes; Councilmember Summers, yes.
The motion was passed.
Councilmember Pignataro made some final comments on this matter and stated there is a clear line that
both the City and Councilmember Gutowsky took to make sure this was completely separate from her duties
as a councilmember, so she does not agree that a reasonable and prudent person would come to those
conclusions as Mr. Pruznick stated.
The Board moved on to the next complaint by Michael Pruznick against Mayor Pro Tem Kristin Stephens
which contained allegations of financial conflict of interest, personal conflict of interest, interest in other
decisions and other matters. The same five minutes of speaking time was given to both the complainant
and the subject of the complaint.
Mr. Pruznick gave an overview of the questions raised starting on pages 135-136 of the materials.
Mayor Pro Tem Kristin Stephens spoke about the allegations made against her regarding affordable
housing and the perceived conflict of interest, donations to her campaign and possible motives of Mr.
Pruznick in filing his complaint.
Chair Troxell asked the Board if there were questions.
The Board discussed and made clarifications on the process for board and commission appointments,
including the Energy Board.
The Board then went to the checklist for this matter found on page 0135 of the materials.
The Board discussed the answers to the relevant questions and shared the view that the answer to each was
“no.”
Councilmember Pignataro addressed the issue of appointments to various Boards and stated she was trying
to make a connection as to board appointments and the allegations contained in Mr. Pruznick’s complaint;
she could find no connection.
Councilmember Summers stated this situation is so far removed from Mayor Pro Tem Stephens and in
reality, on advisory boards, these are citizens that function in an advisory role that concern the City. Mr.
Summers stated the facts presented make it clear that this is within the normal course of business for a
councilmember to participate in the vote for these board selections.
0005
4
Councilmember Pignataro stated she believes there is no connection with regard to campaign contributions.
She worries about the motives and emotions of Mr. Pruznick related to his solar home spilling over and
leading to these kinds of complaints, which she noted is unfortunate.
Chair Troxell stated that using the process of an ethics complaint is an abuse of a system intended to support
trying to run an ethical city.
Councilmember Summers then made a motion that the Ethics Review Board find the allegations of Mr.
Pruznick’s complaint against Mayor Pro Tem Stephens unfounded, without merit and deserving of no
further formal investigation.
Paralegal Jeanne Sanford took a roll call on the vote of the motion. Chair Troxell, yes; Councilmember
Pignataro, yes, Councilmember Summers, yes. The motion passed.
Chair Troxell asked if there were any follow-up or final comments from the Board.
Mayor Pro Tem Stephens stated she wanted to acknowledge that she has been very careful not to talk about
her County campaign and is trying to separate that matter and does take it very seriously.
Under the next Agenda item, Other Business, Councilmember Pignataro asked City Attorney Carrie
Daggett about the options for the Ethics Review Board when complaints are brought against other (peer)
Councilmembers.
City Attorney Daggett stated she has a list of topics and options to discuss with Council related to ethics
review. One is the process of an alternative decision-making body for complaints made against
Councilmembers. There will also be further follow up regarding the definitions in our Charter and how
conflicts of interest are defined specifically related to officers’ employment. Ms. Daggett explained she
and staff are working on preparing for follow up on this but have experienced some delay due to competing
work (including multiple ethics complaints and requests) but hopes to get that information to Council by
sometime in September to enable Council to discuss how to proceed. Ms. Daggett stated the Ethics Review
Board process is set in the City Code and can be changed by Council. Conflicts of interest definitions are
in the City Charter and must be amended with voter approval. The soonest these could be considered would
be April, 2021.
The Board then noted the upcoming Knebgle complaint and the scheduling for that screening meeting.
Staff will be looking at mid-August to schedule that next meeting in.
Councilmember Pignataro stated she would like to add to the list of topics Council will be considering is
the issue of this Board hearing and screening complaints that have already been decided on. Ms. Pignataro
stated in this instance, it seems to become a stalling tactic for citizens to lodge similar complaints already
decided on.
City Attorney Daggett noted that this could be considered as part of Council’s upcoming discussions. Ms.
Daggett thanked the Board and thanked Clay Douglas for stepping in and assisting with this matter.
The meeting was adjourned at 6:24 pm.
0006
Agenda Item 3
1
AGENDA ITEM SUMMARY August 19, 2020
Ethics Review Board
STAFF
Carrie Daggett, City Attorney
SUBJECT
Consideration in accordance with City Code Section 2-569(d)(1) of whether a complaint filed on July
17, 2020, by Jake Knebgl, alleging that Mayor Wade Troxell has a conflict of interest in the Hughes
Stadium annexation property rezoning decision (or related land use matters), warrants investigation.
EXECUTIVE SUMMARY
The purpose of this item is to complete the initial screening by the Ethics Review Board of a complaint
filed with the Board under City Code Section 2-569(d), as described below.
STAFF RECOMMENDATION
Staff recommends that the Board consider the Complaint and determine whether to proceed with an
investigation of the Complaint.
BACKGROUND / DISCUSSION
Under City Code Section 2-569(d), “[a]ny person who believes 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 . . .” (emphasis added). After notice to the complaining
party and the subject of the complaint, the Ethics Review Board then considers the complaint and
whether it should be further investigated.
The Complaint:
The Board will consider a complaint lodged with the Board through the City Manager on July 17,
2020, by Jake Knebgl (the “Complainant”), a Fort Collins resident, against Mayor Wade Troxell. The
Complaint alleges Mayor Wade Troxell has a conflict of interest in the Hughes Stadium annexation
property rezoning decision or related land use matters in light of his employment at Colorado State
University (CSU), which owns the property and specifically because of Mr. Knebgl’s expectation that
CSU Chancellor Tony Frank will appear personally before Council. Mr. Knebgl further alleges that
Mayor Troxell must recuse himself before the rezoning of the Hughes Stadium and, presumably,
other related land use matters.
The following is Mr. Knebgl’s Complaint as stated (unedited) in his July 17 email to City Clerk Delynn
Coldiron:
By not recsueing himself from this matter now that troy frank his employer is
personally involued in the matter (by appering personally as the chancller of CSU in front
of the city council to advocate in favor of the project ) MR troxell knowing puts himself in
0007
Agenda Item 3
2
a conflict postion by having to chose betweem repersenting the citizens of ft collins and
his oath the the office of mayor or siding with the gentleman who controls his paycheck
and enployment as a professer at CSU who is there in person in the council
chambers..The very persence of tony frank in the council chambers advocateing for the
rezoing in itself puts pressure and stress on both of his empoyees who sit on the council
who are both well aware of the finncail impact the rezoning will have on CSU their
employer ..this is not a postion where any resonable amount of impartiality can be
expected from any elected offical on a matter that so greatly invoules their employer
. . .
this the limit of the info and cause i can show on why mayor troxell must recuse himself
from the huges rezoning matter now that mr frank is personally invouled thank you for
you time
The Board Determination:
The Board is required under the Code to evaluate the Complaint and determine by majority vote
whether to formally investigate the Complaint. In doing so, the Board should consider:
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 the Board may consider relevant.
If the Board determines that the Complaint does not warrant investigation, the Board then directs
staff to send written notice to the complainant of that determination and the reasoning behind it. A
copy of that notice is also sent to the subject of the Complaint and the City Council.
I. Whether Allegations Would If True Constitute a Violation:
The screening step is intended to determine whether the Complaint alleges actions that would if true
constitute a violation of City or state ethics provisions. In this case the Complainant generally
asserts that Mayor Troxell has a conflict of interest.
City Ethics Provisions :
Generally, the ethics provisions established by the City include City Charter Article IV, Section 9, and
City Code Section 2 -568.
Article IV, Section 9(b)(3) of the City Charter requires a Councilmember to disclose upon discovery
any financial interest or personal interest in a Council decision and to refrain from voting on,
attempting to influence or otherwise participating in such decision in any manner as a City officer.
Article IV, Section 9(a) of the City Charter defines the key terms financial interest and personal
interest , as follows:
Financial interest means any interest equated with money or its equivalent. Financial interest shall
not include:
0008
Agenda Item 3
3
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;
. . .
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. . . .
State Ethics Provisions:
In addition, various state laws are commonly considered ethics laws. These include:
• Sections 24-18-101 through -105, Colorado Revised Statutes (C.R.S.);
• Section 24-18-109, C.R.S.;
• Sections 24-18-201 through -206, C.R.S.;
• Sections 18-8-302 through -308, C.R.S.; and
• Sections 18-8-402 thr ough -409, C.R.S.
Analysis:
The Board has previously considered on two different occasions complaints asserting that
Mayor Troxell has a conflict of interest in the Hughes Stadium rezoning. In each instance, the
Board determined that no further investigation of the complaint was nee ded, on the basis that
the mere fact that Mayor Troxell is employed on the faculty of CSU does not constitute
grounds for finding that he has a conflict of interest (financial interest or personal interest) in
the Hughes Stadium annexation property rezoning decision. The minutes of the Board’s
discussion in the prior reviews are attached for reference.
In this complaint, the focus of Mr. Knebgl’s complaint is on the expectation that CSU
Chancellor Tony Frank would be appearing personally before the City C ouncil in connection
with Hughes Stadium rezoning. The complaint may fairly be read to cover other related land
use matters as well. Mr. Kenbgl alleges that the fact of such a personal appearance would
result in a conflict of interest in the rezoning decision (or related land use matters).
The complaint anticipates that a violation will occur and does not allege an event has actually
occurred. The ethics complaint process allows for the filing of complaints alleging that a
Council member has violated any provision of state law or the Charter or Code pertaining to
ethical conduct ; in light of this it does not appear to allow for complaints about events that
have not yet occurred.
Based on this, the Board may wish to find that the complaint does not make allegations that,
if true, would constitute a violation, because there is no allegation of events that ha ve
actually occurred.
In addition, if the Board does not believe that a personal appearance by CSU Chancellor
Frank would alter the analysis of whether Mayor Troxell has a conflict of interest in the
rezoning decision (or related land use matters), the Board may also choose to find the that
0009
Agenda Item 3
4
facts asserted in the Complaint, even if they had come to pass, would not state a violation of
state or local ethics provisions.
II. Reliability and Sufficiency of Facts Asserted :
The Board may also determine that no further investigation is needed based on an evaluation of the
facts asserted in the Complaint. The Board may know information that contradicts the facts that were
asserted in the Complaint, or there may not be enough information in the Complaint for you to form a
reasonable suspicion that the violation alleged in the Complaint occurred.
On this basis, the Board may determine that the facts asserted in the Complaint are not
reliable or sufficient and find the Complaint does not warrant further investigation.
Here, because CSU Chancellor Frank has not appeared before the Council, the Board may on
that basis find the complaint to be without merit and to warrant no further investigation.
III. Other Relevant Facts or Circumstances:
If there is additional information available or presented to the Board that leads the Board to
conclude that the Complaint does not merit further investigation, the Board may identify that
information and find the Complaint does not warrant further investigation on that basis.
REVIEW CHECKLIST
The attached Review Checklist provides a more detailed list of each of the ethics provisions within
the scope of the Board’s review.
ATTACHMENT
1. July 17, 2020, Knebgl Complaint
2. December 16, 2019, Ethics Review Board minutes (relevant portions highlighted).
3. March 6, 2020, Ethics Review Board minutes (relevant portions highlighted).
4. Review Checklist – Kenbgl Complaint against Mayor Troxell
0010
From:Jake Knebgl
To:Delynn Coldiron
Subject:[EXTERNAL] Re: mayor wade troxell tony frank
Date:Friday, July 17, 2020 8:24:12 PM
Attachments:image001.png
yes mamm
my complaint against mayor troxell is this.
By not recsueing himself from this matter now that troy frank his employer is
personally involued in the matter (by appering personally as the chancller of CSU in
front of the city council to advocate in favor of the project ) MR troxell knowing puts
himself in a conflict postion by having to chose betweem repersenting the citizens of ft
collins and his oath the the office of mayor or siding with the gentleman who controls
his paycheck and enployment as a professer at CSU who is there in person in the
council chambers..The very persence of tony frank in the council chambers
advocateing for the rezoing in itself puts pressure and stress on both of his empoyees
who sit on the council who are both well aware of the finncail impact the rezoning will
have on CSU their employer ..this is not a postion where any resonable amount of
impartiality can be expected from any elected offical on a matter that so greatly
invoules their employer
As far as Mr frank i would like to know if the city attorney could look into what can be
done as far the city level about infulanceing a pubic servent at the city level ..this
would seem to be a city matter ..it invoules the mayor a city councilwoman a city
rezoning and a city ethics review board .not sure why the state would have to step in
..Im sure we have laws on the books about bribing or infulanceing memebrs of the
city goverment by private persons ..
this the limit of the info and cause i can show on why mayor troxell must recuse
himself from the huges rezoning matter now that mr frank is personally invouled
thank you for you time
On Friday, July 17, 2020, 01:59:33 PM MDT, Delynn Coldiron <decoldiron@fcgov.com> wrote:
Hi Mr. Knebgl –
Thank you for writing to us regarding filing an ethics complaint against Mayor Troxell and
Tony Frank.
The City’s ethics review process covers Councilmembers or board and commission
members who citizens feel may have violated any provision of state law or the City’s
Charter or Code. Your complaint seems to address actions of CSU Chancellor Tony Frank
which is not within the scope of our process. I would encourage you to reach out to the
State of Colorado regarding your complaints against Mr. Frank.
We can certainly pass along your request to Mr. Troxell that he recuse himself from
participating in the upcoming preapplication hearing related to Hughes Stadium. To
proceed with an ethics review, we would need more information about what particular state
0011
law, or City Charter or Code requirement you believe the Mayor may have violated at this
point.
Please let me know if you have questions.
Thanks,
Delynn Coldiron
City Clerk
"Tell us about our service, we want to know!"
From: Melanie Clark <MCLARK@fcgov.com>
Sent: Friday, July 17, 2020 11:30 AM
To: Delynn Coldiron <DECOLDIRON@fcgov.com>; Darin Atteberry
<DATTEBERRY@fcgov.com>; Carrie Daggett <CDAGGETT@fcgov.com>
Subject: FW: [EXTERNAL] mayor wade troxell tony frank
Good morning Delynn and Carrie,
Please see the updated ethics complaint below.
Thank you,
Melanie
. . . . . . . . . . . . . . . . . . . . . .
Melanie Clark
Executive Administrative Assistant
City Manager’s Office
970-416-4312
COVID19 Resources
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From: Jake Knebgl <crazyjay2012@yahoo.com>
Sent: Friday, July 17, 2020 11:05 AM
To: Darin Atteberry <DATTEBERRY@fcgov.com>
Subject: [EXTERNAL] mayor wade troxell tony frank
Mr atteberry
0012
i would like to update my ethics complaint agaist mayor wade troxell and CSU
chancller tony frank .. Again mr toxell is an employee of Mr frank and needs to recuse
himself from the huges rezoing matter
i would also like to file a complaint against mr tony frank for influanceing a public
servent i point to colorado law
18-8-302. Bribery (1) A person commits the crime of bribery, if: (a) He offers, confers,
or agrees to confer any pecuniary benefit upon a public servant with the intent to
influence the public servant's vote, opinion, judgment, exercise of discretion, or other
action in his official capacity; or (b) While a public servant, he solicits, accepts, or
agrees to accept any pecuniary benefit upon an agreement or understanding that his
vote, opinion, judgment, exercise of discretion, or other action as a public servant will
thereby be influenced. (2) It is no defense to a prosecution under this section that the
person sought to be influenced was not qualified to act in the desired way, whether
because he had not yet assumed office, lacked jurisdiction, or for any other reason.
(3) Bribery is a class 3 felony. Source: L. 71: R&RE, p. 459, § 1. C.R.S. 1963: § 40-8-
302. 18-8-303. Compensation for past official behavior (1) A person commits a class
6 felony, if he: (a) Solicits, accepts, or agrees to accept any pecuniary benefit as
compensation for having, as a public servant, given a decision, opinion,
recommendation, or vote favorable to another or for having otherwise exercised a
discretion in his favor, whether or not he has in so doing violated his duty; or (b)
Offers, confers, or agrees to confer compensation, acceptance of which is prohibited
by this section.
Mr frank controls mr toxells employment and salary as a professer at CSU and has a
vested personal and financial interest in seeing the huges rezoning approved ..
0013
Ethics Review Board Meeting Minutes
December 16, 2019
3:00 p.m.
Members in Attendance: Board members Ken Summers, Julie Pignataro and Councilmembers
Susan Gutowsky, Emily Gorgol. Carrie Daggett, City Attorney; John Duval, Deputy City
Attorney; Jeanne Sanford, Paralegal.
Public in Attendance: Mayor Wade Troxell, Dick Kaufmann, Mayor Pro Tem Kristin Stephens,
Complainant Nicholas Frey, Kevin Jones of Fort Collins Chamber of Commerce and fifteen (15)
members of the public.
A meeting of the City Council Ethics Review Board (“Board”) was held on Monday, December
16, 2019, at 3:00 p.m. in the CIC Room, City Hall West.
The meeting began at 3:00 p.m. The Board reviewed the Agenda which contained the following
items:
1. Selection of Presiding Officer for Alternate Ethics Review Board as it considers the
pending complaints.
2. Review and Approval of the July 29, 2019, Minutes of the Ethics Review Board.
3. Consider in accordance with City Code Section 2-569(d)(1) whether a complaint
filed on November 14, 2019, by Nicolas Murphy Frey and Mary Satterfield Grant,
alleging that Mayor Wade Troxell has a financial interest and a personal interest in
the Hughes Stadium annexation property rezoning decision, warrants investigation.
4. Consider in accordance with City Code Section 2-569(d)(1) whether a complaint
filed on November 14, 2019, by Nicolas Murphy Frey and Mary Satterfield Grant,
alleging that Mayor Pro Tem Kristin Stephens has a financial interest and a personal
interest in the Hughes Stadium annexation property rezoning decision, warrants
investigation.
5. Consider in accordance with City Code Section 2-569(d)(1) whether the additional
complaint filed by Gordon Hadfield, Esq., on behalf of Mary Satterfield Grant,
alleging that Mayor Wade Troxell has a conflict of interest in the Hughes Stadium
annexation property rezoning decision in light of National Association of Realtors
Fund campaign activities in 2017 warrants investigation.
0014
The first item on the agenda, selection of a Chair, was discussed. A Motion was made to approve
Councilmember Pignataro as Chair. Councilmember Gorgol seconded the Motion. Ayes:
Councilmembers Gorgol, Cunniff, Gutowsky; Nays: Councilmember Summers. The Motion to
appoint Councilmember Pignataro as Chair passed by a vote of 4-1.
The approval of the July 29, 2019, Minutes of the Ethics Review Board was next. The Minutes
were approved by unanimous vote.
City Attorney Daggett discussed the three main items of business and gave a quick overview of
the process. Items 3, 4 and 5 of the Agenda were screening decisions to be made under the City
Code.
The third agenda item, the Frey Complaint against Mayor Troxell, was discussed. The Board
started with the complaining party’s comments which were limited to 5 minutes. Nicholas Frey
stated that Mary Satterfield Grant was not present. Mr. Frey’s main discussion was regarding the
key determination on whether Mayor Wade Troxell had a personal and financial conflict of interest
in voting for the Hughes Stadium rezoning due to his employment and close connection with CSU.
Mr. Frey discussed the question if Mayor Troxell and Mayor Pro Tem Stephens would receive any
benefit since they are CSU employees.
Mayor Troxell next spoke and stated as he declared at the first reading on the Hughes Stadium
rezoning, he does not believe he has a conflict of interest as this is a zoning issue. Mayor Troxell
called the Board’s attention to Resolution 14-107 and the advisory opinion that went through the
Ethics Review Board as it basically stands true today. Dick Kaufmann next spoke that no CSU
money comes from the general fund; it comes from outside sources.
City Attorney Carrie Daggett then gave a brief overview of the applicable Code and read the
definition a personal financial interest as well as the eight exceptions to financial interest. Ms.
Daggett stated the focus is on if there is a foreseeable financial benefit resulting from the Hughes
Stadium rezoning.
The Board then discussed the workbook and the questions pertaining to personal or financial
interest. Nicholas Frey discussed his opinion that a personal interest exists as CSU stands to
benefit from the rezoning, which will then give Mayor Troxell a direct financial interest from CSU
selling the land to the highest bidder.
Councilmember Cunniff asked the Mayor if they were told they’d be compensated for this voting.
Mayor Troxell replied, absolutely not; he has separation as an elected official.
The Chair of the Board, Julie Pignataro, stated the next question, 3, is there a personal interest in
rezoning? Board members Summers, Cunniff and Gorgol stated no as there was no correlation
within the terms of the Code.
Board member Pignataro stated she is not firm on this yet because of the scale of risk involved.
Due to the type of employer CSU is, if your company succeeds, you succeed as well.
0015
The Board discussed this and stated the way the Code is written, this rezoning will not impact
anyone’s salaries.
Councilmember Summers made a motion that Mayor Troxell’s personal or financial issue in voting
on the rezoning of the Hughes Stadium property allegations are without merit. It was found not to
be in violation of state or local code and no further investigation is warranted. Councilmember
Cunniff seconded the motion and explained the way the Code was written leads us to a no. The
motion was approved by the unanimous vote of the Board.
The Board moved on to Item 4 on the Agenda.
Nicholas Frey spoke for 5 minutes. Mr. Frey stated Mayor Pro Tem Stephens is an employee of
CSU, the same as Mayor Troxell, and it is important that this Board understands there is potential
direct and substantial benefit from being an employee of CSU. Mr. Frey stated that a reasonably
prudent person would not understand, and a judgment call should have been made. Nicholas Frey
stated Ms. Stephens should not have voted on this as she would be perceived to be biased. Mr.
Frey stated public perception is what it is and there is a conflict.
Mayor Pro Tem Kristin Stephens then read her statement. Ms. Stephens does not believe she has
a personal or financial interest in the Hughes Stadium rezoning. Ms. Stephens stated she is very
conscious about ethical conduct. Nevertheless, she is a state classified employee and her raises
are determined by state legislators, not her employer. Since her salary is decided by state budget,
she has no financial interest. Ms. Stephens stated she has no personal interest as the City Charter
defines direct and substantial benefit and she would have recused herself had she thought she had
personal interest.
Chair Pignataro stated she has cautioned all parties regarding perception by the general public and
the need to be very careful in this regard. Ms. Pignataro stated when the Board finds Code is
lacking, we will take steps to remedy. Chair Pignataro stated Mr. Frey’s statements were heard by
the Board.
The Board discussed Mayor Pro Tem Stephens’ financial and personal interest in this decision.
Councilmember Cunniff made a motion that there is no need for further investigation on this item.
Councilmember Summers seconded the motion. The motion was approved by unanimous vote of
the Board.
Agenda Item No. 5, relating to campaign contributions was discussed.
Councilmember Cunniff stated this complaint seems to rest on the case regarding Tom Donnelly
in which specific campaign contributions made to Commissioner Donnelly’s campaign by project
owners triggered a conflict of interest related to their project. This complaint alleges campaign
expenditures made by the National Association of Realtors Fund in support of the Mayor’s
reelection created a conflict of interest for him in connection with the Hughes Stadium item.
City Attorney Daggett stated this looks like a challenge to Council’s approval on rezoning as
violating constitutional due process, which is outside the Board’s purview. The Board asked
0016
Mayor Troxell if there was a coordinated campaign effort in this situation. Mayor Troxell replied
a candidate has no control over independent campaign expenditures, which by definition are not
coordinated with the candidate.
Councilmember Cunniff made a motion that this allegation does not fall under the purview of the
Ethics Review Board process and does not merit further investigation. Councilmember Gutowsky
seconded the motion. The motion was approved by the unanimous consent of the Board.
Under Other Business, Councilmember Cunniff discussed that the City’s ethics code is not easy to
interpret, and it gets problematic having Council define what it is. Mr. Cunniff stated he believes
he made the decision any reasonable and prudent person would sitting in his chair. Mr. Cunniff
stated however, since the general public is not as educated on these issues, he would like to propose
the City Attorney’s Office bring options for Code language creating a personal standing Ethics
Review Board with random members rotated on an annual basis.
Chair Pignataro stated she thinks this is a great idea as it pertains to perception because many
issues are coming up and it would be helpful to remove that perception so a reasonably prudent
person could reach their own conclusions under the ethics rules. Chair Pignataro stated it will be
an additional burden on staff, but it’s worth taking a look at.
City Attorney Daggett discussed the various issues on this matter and stated she would bring some
options for Council discussion. The Board discussed the timing on this and stated no hurry on
this.
Meeting adjourned 4:41 pm.
0017
1
Ethics Review Board Meeting Minutes
March 6, 2020
5:00 p.m.
Members in Attendance: Board members Julie Pignataro and Ross Cunniff; Councilmembers
Susan Gutowsky, Emily Gorgol; Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal, Delynn
Coldiron, City Clerk.
Public in Attendance: Mayor Wade Troxell; Mayor Pro Tem Kristin Stephens; Complainant Rory
Heath and his attorney, Andrew Bertrand and approximately 30 members of the public.
A meeting of the City Council Ethics Review Board (“Board”) was held on Friday, March 6, 2020,
at 5:00 p.m. in the CIC Room, City Hall West.
The meeting began at 5:00 p.m. The Board reviewed the Agenda which contained the following
items:
1. Selection of Presiding Officer for Alternate Ethics Review Board as it considers the
pending complaints.
2. Review and Approval of the December 16, 2019 Minutes of the Ethics Review
Board.
3. Consider in accordance with City Code Section 2-569(d)(1) whether a complaint
filed on January 21, 2020, by Rory Heath, making various allegations regarding the
conduct of the Councilmembers below, warrants investigation:
a. Mayor Wade Troxell
b. Mayor Pro Tem Kristen Stephens; and
c. Councilmember Ken Summers
4. Other Business.
5. Adjournment.
The first item on the agenda, selection of a Chair, was discussed. Councilmember Ross Cunniff
made a motion to approve Councilmember Pignataro as Chair. Councilmember Emily Gorgol
seconded the motion. The motion to appoint Councilmember Pignataro as Chair was adopted by
unanimous consent.
The approval of the December 16, 2019 Minutes of the Ethics Review Board was next on the
Agenda. Councilmember Cunniff made a motion to approve the December 16, 2019 Minutes and
Councilmember Emily Gorgol seconded the motion. The Minutes of the December 16, 2019
Ethics Review Board were approved by unanimous consent.
0018
2
City Attorney Daggett explained the background materials, including of Rory Heath’s Complaint,
were provided with an introductory Agenda Item Summary (“AIS”), accompanied by three
sections pertaining to each part of the Complaint. The allegations against Mayor Troxell were
contained in AIS 3a, Mayor Pro Tem Kristen Stephens’s portion in AIS 3b and Councilmember
Ken Summers’s portion in AIS 3c.
The Board decided to give the Complainant and respondent 5 mins to speak in turn and allowed 5
minutes of rebuttal for each.
City Attorney Daggett discussed the overview of the complaint and the structure of the materials
presented. City Attorney Daggett explained supplemental materials received on March 5, 2020,
were given to all members of Council and included Ken Summers’s statement and an email
exchange with Complainant regarding his procedural concerns. These documents were also
posted on the public website.
Complainant Rory Heath introduced his attorney, Andrew Bertrand, and then spoke for 5 minutes,
in which he asked the Board for consideration for a more judicious process. Mr. Heath stated he
felt his complaint, along with all exhibits referenced and highlighted were not given to the Board.
Councilmember Pignataro assured Mr. Heath they all received the complaint with highlighted
exhibits the day he filed the complaint contained on a jump drive which was given to all
Councilmembers.
Mr. Heath stated he felt Council was not given the full scope and key ethics laws were not
furnished by the City Attorney. Mr. Heath stated that Professor Wade Troxell is an employee of
CSU which fits within all applicable Colorado Revised Statutes definitions highlighted in his
materials. He asked the Board to consider outsourcing this Ethics Review Board as he felt the
process was biased as was the checklist supplied by City Attorney Daggett.
Mayor Troxell next spoke and pointed out previous documents related to conflict of interest with
his employment at CSU. Mayor Troxell talked about City Council Resolution 2014-107 wherein
he asked for a review regarding the CSU stadium issue. Mayor Troxell read one of the Whereas
clauses in that Resolution which stated the attached advisory opinion concluded Mayor Troxell
did not have a conflict of interest with the CSU stadium issue considering his employment by
CSU.
Mayor Troxell stated as it relates to the previous Ethics Review Board (in December, 2019), two
determinations were made. The Board voted unanimously that further investigation of a complaint
was not warranted and there was no financial or personal conflict of interest and no violation of
any state or city violation of ethics. Mayor Troxell further stated that in this complaint, there is no
financial benefit or detriment in this matter; this is a rezoning issue which is more administrative
in nature. It does not fit within the definition of financial benefit. Regarding a personal benefit,
Mayor Troxell stated he has no direct or substantial personal benefit. The state ethics provisions
exclude institutions of higher education, so directorship means fiduciary member; Mayor Troxell
stated he is only a faculty member.
0019
3
In Mr. Heath’s rebuttal time, he stated he was glad Mayor Troxell brought up the previous ethical
situation with the stadium as this speaks to a larger problem. Mr. Heath stated it would be of
interest how a court of law would interpret this; it is unfair for Councilmembers to judge their
peers. This is not fair as Mayor Troxell collects a paycheck which says CSU no matter how one
wants to look at it. Mr. Heath explained this is a first piece of a larger piece if the zoning goes
through.
Andrew Bertrand spoke to the financial benefit per dwelling payment to CSU in the current
development contract for this land being rezoned which is very different than the CSU stadium
situation and should be considered as such.
Mayor Troxell then gave his rebuttal, stating that Rory Heath had made no case and these broad
allegations did not relate to him. Mayor Troxell asked if Mr. Heath was talking about the CSU
system, CSU Fort Collins, or CSU Research Foundation. Mayor Troxell stated he is a faculty
member of the College of Engineering and is not involved with the Board of Governors and these
conversations. Mayor Troxell also spoke to Mr. Heath’s allegations regarding donations to his
campaign, and noted there is nothing to substantiate that allegation. Mayor Troxell stated Mr.
Health is factually wrong and his broad-based innuendos do not relate to him.
Councilmember Pignataro brought the issue back to the Board. Ms. Pignataro stated the City
Attorney’s Office will be coming to Council with ideas for a different Ethics Review Board
structure to hear a complaint against a Councilmember sometime this summer.
Ms. Pignataro asked City Attorney Daggett if the Board was missing the full ethics laws as Mr.
Heath alleged.
City Attorney Daggett stated she had a hard time picking out what statutes Mr. Heath was
suggesting were not provided. She noted Colorado Revised Statutes Section 24-18-108 only
applies to state officers and excludes City officials. City Attorney Daggett stated she did not
provide that statute to Councilmembers as it did not apply and that she believed all others had been
provided.
Councilmember Ross Cunniff discussed Article XXIX to the State Constitution (also referred to
as “Amendment 41”) regarding prohibiting an appearance of a conflict of interest. Mr. Cunniff
stated the City needs to update its code to reflect this as he feels the City has not adequately
addressed the issue of the appearance of conflict.
City Attorney Daggett stated Amendment 41 adopting Article XXIX of the Colorado constitution
was passed in 2006 and the City has not made amendments to its local provisions intended to
match that provision. She noted the exception language allowing home-rule cities to adopt their
own local ethics provisions, and further noted that the extent of this exception is currently being
litigated.
The Board discussed the best way to bring this issue to Council and asked the City Attorney to
provide further information to Council on this for further consideration.
0020
4
Councilmember Gutowsky stated she felt Councilmember Cunniff brought up a good point,
expressing that optics and how things look are very important. She has listened to constituents’
comments and while this may not be against the Code of Ethics, people feel the way they feel, and
it should be a natural decision to recuse yourself if your employer is involved in an issue. She
hears the public’s voice; it is all about impression.
The Board discussed the listed City and statutory ethics provisions, and in particular whether CSU
was defined as a “business or other undertaking.” City Attorney Daggett stated the Colorado
Independent Ethics Commission has specifically looked at the question of whether a public body
is a “business or undertaking” and has found that a public body is not a “business or other
undertaking.”
Chair Pignataro then went through the checklist attached to the AIS 3a.
Councilmember Cunniff made a motion that the Board find that having reviewed the allegations
of Mr. Heath’s Complaint and the applicable laws, the Board has determined that the Complaint
fails to allege that Mayor Troxell has a financial or personal interest or conflict related to the
decision on the Hughes Stadium property rezoning and no further investigation is warranted.
Councilmember Pignataro seconded the motion and the motion passed by unanimous voice vote.
The Board moved to AIS 3(b) relating to Mayor Pro Tem Stephens.
Rory Heath spoke that this was the same issue, different person. Mr. Heath stated he felt the
materials from the City Attorney’s Office were very biased. Asked again that this issue be
reviewed instead by an independent panel of outside experts.
Andrew Bertrand spoke that this is very similar to the last argument and that Amendment 41 has
been glossed over. The issue is about optics.
Mr. Heath spoke about financial benefits and drew a correlation with UNC announcing possible
layoffs. If the development deal does not go through, CSU can experience those same realities.
Mr. Heath stated he feels CSU is a business or other undertaking.
Mayor Pro Tem Stephens talked about the factual allegations and stated she does not take an oath
to CSU. Ms. Stephens stated as far as Mr. Heath’s statement about career opportunities, this is not
relevant. Mayor Pro Tem Stephens does not believe she has personal or financial interest in the
CSU Hughes Stadium rezoning issue. Ms. Stephens insisted she is a state classified employee in
the Statistics Department, and as a State classified employee, her pay is awarded by the state; CSU
has no say in her pay raises.
Rory Heath rebutted this as follows. Mr. Heath stated Mayor Pro Tem Stephens is an employee
on a one-year contract renewal who has to “sing for her supper” every year. There is a method for
reward – better position, etc. Andrew Bertrand stated based on public perception, Mayor Pro Tem
Stephens should have recused herself.
0021
5
Mr. Heath stated we need to fix this hole in the system before voting on this. We need to address
it now, not in the future.
Mayor Pro Tem Stephens’ rebutted his comments. Mayor Pro Tem Stephens stated she is not on
a one-year contact. Mr. Heath’s facts are not true. Mayor Pro Tem Stephens stated she works for
the State; there is no benefit or money involved in a rezoning and this is a City administration
decision.
Councilmember Cunniff stated the Ethics Review Board is not free to ignore the City Charter or
Code or adopt State rules in lieu of a City process. Doing so would be a violation of our Code to
shift this decision to a group of other people. While members of this Board have expressed
sympathy, we have to change the Charter by a specific process. This Board is required to follow
City Code, Charter and State laws as they now apply.
Chair Pignataro directed the Board to go through the checklist attached to AIS 3b.
Chair Pignataro then made a motion that the Board find that having reviewed the allegations of
Mr. Heath’s Complaint and the applicable laws, the Complaint fails to allege that Mayor Pro Tem
Stephens has a financial or personal interest or conflict related to the decision on the Hughes
Stadium property rezoning and no further investigation is warranted. Councilmember Gorgol
seconded the motion. The motion passed by unanimous voice consent.
Chair Pignataro directed the Board to AIS 3c, relating to Ken Summers’s alleged personal,
business-related conflicts of interest.
A statement Councilmember Summers had submitted to the Board was noted. Chair Pignataro
asked City Attorney Daggett to read the statement.
Rory Heath stated this matter was a little more difficult. Councilmember Summers’ website
advertises that he helps influence decisions. Mr. Heath stated the Board should subpoena the
records of Councilmember Summers including any and all clients he has had. Mr. Heath stressed
an investigation is needed here; this billboard is still up for the public to see.
Andrew Bertrand stated he was not sure how anyone voted, but doesn’t care; he cares about how
it looks. Now is the time to deal with it – not after Hughes gets decided.
Councilmember Cunniff stated he would like to know if Councilmember Summers has received
any revenue on this website.
City Attorney Daggett explained it was unclear in Mr. Heath’s complaint if this was tied to Hughes
Stadium or a more general complaint. Ms. Daggett explained if the complaint warrants further
investigation, there will be a need to schedule a further hearing for more evidence to be presented.
At that time, the Board would have power to subpoena more information if it chooses to. City
Attorney Daggett explained that this process would next go to the hearing step where a decision
would be made as to whether the Complaint alleges a violation specifically related to Hughes
Stadium or otherwise.
0022
6
The Board asked Rory Heath if this complaint was related to Hughes Stadium.
Mr. Heath replied it was intended to include everything – including Hughes Stadium.
The Board discussed next steps in this process. City Attorney Daggett stated the Board could
continue its screening review if that would be helpful or find that the allegation warrants further
investigations.
Councilmember Cunniff stated the allegations of the Complaint are broader than Hughes and need
further investigation, although regarding a specific complaint on Hughes, there is no evidence to
sustain an allegation Councilmember Summers has acted unethically.
Councilmember Gutowsky did not agree with this and stated the Complaint cast doubt in her mind.
Councilmember Cunniff made a motion that the Board find that the allegation that political
consulting and lobbying activities could constitute a potential ethics violation, if true, and that
further Ethics Review Board investigation and review is warranted on the specific issue of whether
Councilmember Summers has carried out political consulting or lobbying activities that constituted
an ethics violation. Councilmember Gorgol seconded the motion. The motion was passed by
unanimous voice consent.
City Attorney Daggett discussed the timing of the next meeting to review the one remaining
allegation and stated her office would get started on scheduling the next meeting.
Under Other Business, the Board briefly discussed Amendment 41 of the State Constitution and
stated this process was already in motion.
Meeting adjourned at 7:56
0023
ETHICS REVIEW BOARD -- REVIEW CHECKLIST
August 19, 2020
Knebgl Complaint re Mayor Troxell
Hughes Stadium Property Rezoning (and related Land Use Matters)
Limit Triggered? Potentially Applicable Limit - FORT COLLINS CHARTER:
□ Yes □ No City Charter Article IV, Section 9(b)(3) – prohibits participation
when official has a FINANCIAL INTEREST:
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.
0024
ETHICS REVIEW BOARD -- REVIEW CHECKLIST
August 19, 2020
Knebgl Complaint re Mayor Troxell
Hughes Stadium Property Rezoning (and related Land Use Matters)
Limit Triggered? Potentially Applicable Limit - FORT COLLINS CHARTER:
□ Yes □ No City Charter Article IV, Section 9(b)(3) – prohibits participation
when official has a PERSONAL INTEREST:
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.
For the purpose of interpreting and applying these provisions, the Council has adopted in Section 2-
568(a) of the City Code the following relevant 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.
(18) Substantial shall mean more than nominal in value, degree, amount or extent.
0025
ETHICS REVIEW BOARD -- REVIEW CHECKLIST
August 19, 2020
Knebgl Complaint re Mayor Troxell
Hughes Stadium Property Rezoning (and related Land Use Matters)
Limit Triggered? Potentially Applicable Limit – STATE LAW:
□ Yes □ No Section 24-18-103, C.R.S. generally states ethical standard of conduct concerning
activities that could allow covered individuals to improperly benefit financially
from their public office (no specific standard or rule stated) and permits
enforcement by the district attorney.
□ Yes □ No 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.
□ Yes □ No Section 24-18-105(2), C.R.S. prohibits acquiring or holding an interest in any
business or undertaking which official 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 official has substantial authority.
□ Yes □ No Section 24-18-105(4), C.R.S. prohibits an official act directly and substantially
affecting a business or other undertaking to its economic detriment when official
has a substantial financial interest in a competing firm or undertaking.
□ Yes □ No Section 24-18-109(2)(a), C.R.S. - prohibits engaging in a substantial business
transaction for private business purposes with a person he/she inspects or
supervises in his/her official duties.
□ Yes □ No Section 24-18-109(2)(b), C.R.S. - prohibits an official act directly and substantially
affecting to its economic benefit a business or other undertaking in which official
either has a substantial financial interest or is engaged as counsel, consultant,
representative or agent.
□ Yes □ No Section 24-18-109(3), C.R.S. - prohibits 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 from participating in the decision unless
necessary to obtain a quorum (and requires disclosure of the interest).
0026