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HomeMy WebLinkAboutConstituent Letter - Mail Packet - 1/24/2023 - 14 - Email From Carrie Daggett To Jake Knebgl Re: Conflict Of Interest And Ethics Violations1 Sarah Kane From:Carrie Daggett Sent:Thursday, January 19, 2023 9:37 AM To:Jake Knebgl Cc:City Leaders Subject:RE: [EXTERNAL] conflict of interest and ethics violations Attachments:RE: [EXTERNAL] City council meeting Jan17 2003 Mr. Knebgl, To confirm, the definition of “personal interest” in the City Charter actually excludes the category of relationship you’ve cited as a basis for there being a conflict of interest (from Article IV, Section 9(a), markings added): 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: (1) 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; (2) 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 (3) the interest that an officer or employee has in the compensation, benefits, or terms and conditions of his or her employment with the city. I hope this helps clear up any misunderstanding as to how the City’s applicable provisions define conflicts of interest. ~Carrie Carrie M. Daggett City Attorney City of Fort Collins 300 Laporte Avenue 970-221-6520 cdaggett@fcgov.com From: Jake Knebgl <crazyjay2012@yahoo.com> Sent: Wednesday, January 18, 2023 5:17 PM To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] conflict of interest and ethics violations council and mayor once again i am writing to you as a long time resident of district 6 2 once again this is in regurads to council member Emily Francis my district rep and her founding of the FOCO foreword organization FOCO foreword states on its public web page they are an educational organization As a council member Emily Francis is an employee of the city of ft collins . she recives a paycheck from the city of ft collins Our ethics code states clearly that a conflict of interest exists if .. 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; its in black and white clear as crystal i support other residents of district 6 in that councilwoman Francis Founding of FOCO foreword is the most unethical thing we have ever seen an elected rep of district 6 do . We are stunned and sick that our elected district would flaunt our ethics code in such a manner Has Councilwoman Francis used and or is using city resources and our taxpayer dollars to fund the running and operation of the FOCO foreword organization? This matter is is one of extreme frustration for many of us in district 6 and undermines our faith and trust in our local government . District 6 deserves better . the residents of district 6 deserve better . thank you 1 Sarah Kane From:Carrie Daggett Sent:Tuesday, January 17, 2023 11:53 AM To:Jake Knebgl; City Leaders Cc:CAO Senior Staff Subject:RE: [EXTERNAL] City council meeting Jan17 2003 Mr. Knebgl, This is in follow up to your email from this morning, below. Conflicts of interest are evaluated using the standard set in the City Charter, which prohibits a City official from participating in a decision in which they have a financial interest or personal interest. Here is how the City Charter defines those terms (from Article IV, Section 9(a): Financial interest means any interest equated with money or its equivalent. Financial interest shall not include: (1) 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; (2) 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; (3) 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; (4) 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; (5) 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; (6) 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; (7) 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 (8) 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. 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: (1) 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; (2) 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 2 (3) the interest that an officer or employee has in the compensation, benefits, or terms and conditions of his or her employment with the city. Under the City’s ethics process, the Ethics Review Board would review a complaint or inquiry by applying these definitions. Accordingly, it is important for conflict of interest claims to take these standards into account. (As a side note, the process for review of ethics matters is set out in City Code Section 2-569, for which an updated process is being enacted through Ordinance No. 153, 2022.) I hope this is helpful to you in connection with the concerns you noted below. ~Carrie Carrie M. Daggett City Attorney City of Fort Collins 300 Laporte Avenue 970-221-6520 cdaggett@fcgov.com From: Jake Knebgl <crazyjay2012@yahoo.com> Sent: Tuesday, January 17, 2023 8:43 AM To: City Leaders <CityLeaders@fcgov.com> Subject: [EXTERNAL] City council meeting Jan17 2003 council and mayor i am a resident of district 6 i am writing once again on behalf of may others in my district to ask that councilwoman Francis recuse herself from the matter of the land development code that will be voted on tonight . Councilwoman's Francis's deep invoulment with the FOCO foreword group is both a conflict of interest and a violation of the rules and regulations regurading ethical conduct by a council member and therefore must recuse herself thank you