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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 ---------------------------------------------------------------------- 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