HomeMy WebLinkAboutConstituent Letter - Read Before Packet - 10/6/2020 - Email From Paths Foco Re: Recusal Request Hughes Exec Session 10-6-201
Sarah Kane
From:City Clerk Office
Sent:Tuesday, October 6, 2020 4:55 PM
To:Sarah Kane
Subject:FW: [EXTERNAL] Recusal Request for Executive Session on Hughes 2020-10-06
Attachments:Recusal Request Hughes Exec Session 10-6-2020.pdf
From: PATHS FoCo <pathsfoco@gmail.com>
Sent: Tuesday, October 6, 2020 4:10 PM
To: Delynn Coldiron <DECOLDIRON@fcgov.com>; City Clerk Office <cityclerk@fcgov.com>; City Leaders
<CityLeaders@fcgov.com>
Subject: [EXTERNAL] Recusal Request for Executive Session on Hughes 2020-10-06
Good Afternoon Ms. Coldiron,
Please submit this public comment letter for the record for this evening's city council meeting.
Thank you in advance,
PATHS Members
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The Paths Organizing Team
Website: https://HughesOpenSpacePetition.com
Facebook: https://www.facebook.com/PATHSFoCo/
Donate: https://HughesOpenSpacePetition.com/donate
October 6, 2020
Re: Public comment re: City Council agenda 10/6/2020 Other Business
Item B. Consideration of a motion to adjourn into an executive session to discuss real property
acquisition and legal issues related to Hughes Stadium annexation property
Dear City Council:
This public comment pertains to Other Business Item B on the agenda tonight. Fort Collins residents and
members of the PATHS organization respectfully request once again that Council members Wade Troxell
and Kristin Stephens recuse themselves from a vote to adjourn into an executive session for the purpose
of discussing real property acquisition and/or legal issues related to the Hughes Stadium property.
Furthermore, we respectfully request that Wade Troxell and Kristin Stephens decline to participate in any
further discussions relating to matters which concern the disposition of this annexed property.
By participating in the motion to adjourn and discussions in Executive Session, Council members Troxell
and Stephens will be acting under an impermissible conflict of interest. Such actions constitute a breach
of the public trust, of the councilmembers’ fiduciary duty, and of the constitutional standards governing
the conduct of elected officials.
Councilmembers are under a Colorado Constitution mandate that elected officials abstain from the
appearance of impropriety. Under the Constitution, covered individuals must “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.” Colo. Const. Art. XXIX, sec 1(c) (emphasis added).
As the Colorado Independent Ethics Commission has observed, “[a]ppearances of impropriety are
generally referred to as ‘perception issues’ or ‘violating the smell test,” and such appearances “can
weaken public confidence in government and create a perception of dishonesty, even among government
officials who are in technical compliance with the law.” Colo. Indep. Ethics Comm’n Advisory Op.
16-05, at 4.
“In order to avoid the appearance of impropriety, local government officials should avoid voting on or
debating questions in a manner that may lead the public to perceive that the local government official is . .
. placing his or her own private business interests in a position of competitive advantage . . . .” Id.
“The holding of public office . . . is a public trust.” Colo. Rev. Stat. § 24-18-103(1) Therefore, elected
officials are under a mandate to carry out their duties “for the benefit of the people of the state.” Id. §
24-18-103(1) A breach of the public trust constitutes a breach of the official’s fiduciary duty. See id.;
Gessler v. Smith, 419 P.3d 964, 972 (Colo. 2018)
A vote to adjourn to Executive Session further erodes the public trust in a process which has lacked
transparency and is tainted by the conflict of interest which pervades the past and any future involvement
by councilmembers Troxell and Stephens.
Respectfully submitted,
Planning Action to Transform Hughes Sustainably (PATHS) Members