HomeMy WebLinkAboutMemo - Read Before Packet - 12/20/2022 - 5 - Agenda Item #19 – Powerpoint Presentation Amending Section 2-569 To Update The Ethics Complaint Process – December 20, 2022
G:\!TheVault\CAO ADMINISTRATION\Forms\2022-12-20 Agenda Item 19 - Power
point.docx
City Attorney’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6520
970.221.6327
fcgov.com
MEMORANDUM
TO: Mayor and City Councilmembers
FROM: Mary Donaldson, Supervisor, Legal Support
DATE: December 20, 2022
RE: Agenda Item #19 – PowerPoint Presentation
______________________________________________________________________
Attached is a PDF version of the PowerPoint presentation prepared by Carrie Daggett,
which outlines possibly amending Section 2-569 to update the ethics complaint
process. Let me know if you need anything further.
Attachment
pc: Kelly DiMartino, City Manager w/attachment
Item 19 –Ordinance No. 153
Amending Section 2-569 to Update Ethics Complaint Process
Carrie M. Daggett, City Attorney
2Ethics 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; and
•Propose revisions to the Charter or Code or related regulations, rules
or policies, pertaining to ethical conduct.
•Same process for complaints against board and commission members and
complaints against Councilmembers.
•First step for all complaints is screening review by the Ethics Review Board to
evaluate and determine by majority vote whether further investigation is
warranted.
•Screening considerations include:
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.
3Ethics Complaint Process
Current Process (part 1):
•If complaint merits investigation, Ethics Review Board conducts an
investigation and hearing on the complaint.
•Based on its investigation, Ethics Review Board adopts Ethics Opinion as to
whether a violation occurred.
•Ethics Opinion is then presented for Council consideration and adoption by
resolution.
4Ethics Complaint Process
Current Process (part 2):
•Process for complaints against board and commission members stays same.
•For complaints against Councilmembers, first step is screening review by a
qualified outside attorney (among slate selected periodically by City Attorney)
to determine whether screening criteria are met and further investigation is
warranted.
•If further investigation warranted, notice of determination and City Attorney
arranges for investigation by same or other outside attorney (from slate)
•Investigating attorney investigates, makes factual determinations and a
recommendation to the Ethics Review Board
•Ethics Review Board considers recommendation and hears from complainant
and subject, then issues an opinion for Council consideration.
5Ethics Complaint Process
Proposed Process:
1.Lack of Council jurisdiction over the subject;
2.The allegations in the complaint, if true, would constitute a violation of relevant
ethics rules;
3.The allegations in the complaint were previously considered or resolved;
4.The alleged violation if found would be minor and action not justified;
5.The alleged actions were one year or more prior to complaint;
6.The complaint is on its face frivolous, groundless or for the purpose of
harassment;
7.The alleged violation is unlikely to shown by a preponderance of the evidence
due to lack of verifiable evidence;
8.The matter is moot because the subject is or will no longer be a City official;
9.The subject obtained an advisory opinion about the identified conduct; or
10.The City Council has referred the complaint to another agency for action.
6Ethics Complaint Process
Proposed Screening Criteria:
•Significant reorganization of Section 2-569(d) to simplify and
make provisions more readable and easier to follow.
•Requires that each complaint name only one official as its
subject.
•Eliminates the time limit for acting when extenuating
circumstances make delay necessary.
7Ethics Complaint Process
Other Revisions to Section 2-569:
QUESTIONS?