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HomeMy WebLinkAboutReport - Read Before Packet - 2/23/2021 - Powerpoint Presentation - Ethics Opinion 2021-01February 23, 2021 Ethics Opinion 2021-01 Carrie Daggett, City Attorney Resolution 2021-025 Purpose of this item: Proposed adoption of Resolution 2021-025, approving Ethics Opinion No.2021-01 of the Ethics Review Board providing an advisory opinion to Councilmember Melanie Potyondy in response to her request related to possible conflicts of interest. 2 Advisory Opinion Sought On January 19,2021,Councilmember Potyondy asked for an advisory opinion about the following: 1.Possible conflicts of interest that may arise from her employment with Poudre School District. 2.Possible conflicts of interest that may arise from her husband,Eric Potyondy,being employed as an assistant city attorney in the City Attorney’s Office . 3 Ethics Review Board City Code Section 2-569 empowers the Ethics Review Board to review and investigate actual or hypothetical potential conflicts, and render advisory opinions and recommendations 4 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. 5 Financial Interest --Defined •Financial Interest means any interest equated with money or its equivalent. •Several interests are specifically excluded, including: •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 6 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. 7 Personal Interest -Exclusions Specifically excluded from the definition of personal interest: •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 8 Ethics Review Board Process Ethics Review Board (Mayor Troxell, Councilmember Summers, Councilmember Pignataro): •Met January 29 to discuss and consider circumstances and potential conflicts and gather information from Councilmember Potyondy •Met February 12 to discuss, consider and approve Ethics Opinion 2021-01 •Was advised by Greeley City Attorney Doug Marek related to City Attorney’s Office question to avoid any conflict or appearance of conflict. 9 Ethics Opinion 2021-01 Summary of Conclusions: 1.Re employment at Poudre School District,generally no financial or personal interest under the City Charter or conflict under state law,although matters with a close tie to her role with the District may require a closer analysis. 2.Re her spouse’s employment as an assistant city attorney in the Fort Collins City Attorney’s Office,generally no financial or personal interest under the City Charter or conflict under state law,although matters with direct impact on staffing levels and support services for members of the City Attorney’s Office may require closer analysis. 3.In view of advisory opinion process,conflict management plan was considered unnecessary. 10 Council Action •City Code provides that after Ethics Review Board approval, ethics opinions are presented to City Council for approval. •Resolution 2021-025, if adopted, will approve Ethics Opinion 2021-01 . 11