HomeMy WebLinkAboutMemo - Read Before Packet - 12/22/2020 - December 22, 2020 Work Session Item - Ethics Standards And Review Board - Powerpoint From Carrie DaggettDecember 22, 2020
Ethics Standards and Review Board
Carrie Daggett, City Attorney
Questions/Direction Sought
1.What feedback do Councilmembers have about possible amendment of the Charter
to modify the definition of personal interest to address Councilmember employer
interests?
2.What direction do Councilmembers have regarding establishing an alternate Ethics
Review Board process to hear ethics complaints against Councilmembers?
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Ethics Review Over the Years
•Ethics Complaints:
•From 1982 through 2018: 6 Complaints (one every 6 years)
•In 2019 and 2020: 9 Complaints (4.5 per year)
•Advisory Ethics Opinions:
•From 1982 through 2018: 59 Advisory Opinions (.61 per year)
•In 2019 and 2020: 3 Advisory Opinions (.67 per year)
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Ethics Review Over the Years
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Recent Focus on Employment
•Recent high incidence of ethics complaints focused specifically on the
interest that a Councilmember has as an employee:
•Repeated inquiries about employment with Colorado State
University in connection with disputed CSU projects
•Councilmembers participating in Ethics Review Board discussion of
these complaints expressed interest in Council review of the conflicts of
interest standard to evaluate whether change would be beneficial
•Personal (not directly financial) interest as the key concern
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Recent Focus on
Complaints Against Councilmembers
•Recent high incidence of Ethics Review Board consideration of ethics
complaints directed against members of Council
•Ethics Review Board composition –all Councilmembers –raised
objections and accusations by the public about objectivity
•Councilmembers participating in Ethics Review Board discussion of
these complaints expressed interest in Council consideration of
alternative decisionmaker for complaints against Councilmembers
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Defining Conflicts of Interest
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Conflicts of Interest
Article IV, Section 9(b)(3) of the City Charter:
Requires 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, upon discovery to:
disclose that interest in the manner described, and
refrain from voting on, attempting to influence, or otherwise
participating in the decision as an officer or employee.
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Financial Interest --Defined
•Financial Interest means any interest equated with money or its
equivalent.
•Several interests are specifically excluded; two examples are:
•An interest of an officer/employee/relative as an employee of a
business or holder of an ownership interest in a business, when
the decision of interest financially benefits or otherwise affects
the business but entails no foreseeable, measurable financial
benefit to the officer/employee/relative
•An interest as a nonsalaried officer or member of a nonprofit
corporation or association
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Personal Interest --Defined
•Personal Interest means any interest (other than a financial interest) of an
officer/employee/relative that would, in the judgment of a reasonably prudent
person, lead them to realize or experience some direct and substantial benefit
or detriment different in kind from that experienced by the general public.
•Specifically excluded are:
•An interest as a board member of a governmental, nonprofit, educations
religious, charitable, fraternal or civic organization
•An interest in the receipt of public services on the same terms as all
similarly situated citizens
•An interest in compensation, benefits or terms of City employment
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Employer’s Interest as a Personal Interest
Defined•Current standard is: “some direct and substantial benefit or detriment different
in kind from that experienced by the general public”
•If more explicit direction regarding the impact of an employer’s interest is
desired, Charter amendment required
•Some options for change (if change desired):
•Financial or Personal Interest of employer = personal interest of City
decisionmaker
•Narrow scope of this by considering factors like directness of
relationship between employment and employer’s interest in Council
decision
•Narrow scope of this by type of employer or type of employment
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Charter Amendment Process
•Council must place Charter amendments on the ballot by ordinance to
allow publication of notice no less than 60 days before the election
•For April 2021 election, Charter amendment ordinances will be
presented to Council on first and second reading in January 2021
•Council may wish to take more time to develop proposed amendment of
conflicts definition prior to submitting to voters
•Development of 3 to 4 Charter amendments about other topics for the
April election is currently underway
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Ethics Review Board Structure
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Ethics Review Board
•Formed as a Committee in 1981; added to the City Code in 1989.
•Three members of Council and an alternate; generally appointed for
two-year terms after each election.
•Functions include:
•Hear complaints of unethical conduct filed against
Councilmembers and board and commission members
•Review and investigate actual or hypothetical potential conflicts,
and render advisory opinions and recommendations
•Propose revisions to the Charter or Code or related regulations,
rules or policies, pertaining to ethical conduct
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Alternate Ethics Review Board
If a complaint alleges a violation by two or more members of the Board (but
fewer than five),an alternate Board comprised of all unnamed
Councilmembers hears the complaint;and
If a complaint names five or more Councilmembers,a seven-member
alternate Board selected at random by the City Clerk from the membership of
City boards and commissions hears the complaint.
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Alternate Ethics Review Board Options
•Current Alternate Board (comprised of randomly selected board/commission
members) only for when complaint names five or more Councilmembers
•Ethics Review Board and process are in City Code, so ordinance amending
Code required to change
•Some options for change (if change desired):
•Make current Alternate Board apply to all complaints against
Councilmembers
•Form a standing Council-appointed Board to include community
members
•Designate judicial or legal expert or panel to investigate and decide
complaints
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Questions/Direction Sought
1.What feedback do Councilmembers have about possible amendment of the Charter
to modify the definition of personal interest to address Councilmember employer
interests?
2.What direction do Councilmembers have regarding establishing an alternate Ethics
Review Board process to hear ethics complaints against Councilmembers?
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