HomeMy WebLinkAbout110 - 08/20/2002 - AMENDING THE CITY CODE PERTAINING TO THE RULES OF PROCEDURE FOR THE ETHICS REVIEW BOARD AND ALTERNAT ORDINANCE NO. 110, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE VI, DIVISION 1 OF THE CITY CODE
PERTAINING TO THE RULES OF PROCEDURE FOR THE ETHICS
REVIEW BOARD AND ALTERNATE ETHICS REVIEW BOARDS
WHEREAS, Section 2-569(d)(1)b. of the City Code establishes procedures whereby
complaints alleging ethical violations on the part of City Councilmembers or board and commission
members may be submitted to the City Council Ethics Review Board; and
WHEREAS,Section 2-569(d)(1)c.of the City Code calls for the establishment of an alternate
ethics review board in the event that a complaint is filed with the Mayor alleging a violation of any
ethical rules of conduct by four or more Councilmembers; and
WHEREAS,said Code section provides that the ethics review board will render an advisory
opinion and recommendation regarding such complaints; and
WHEREAS, questions have arisen about the procedures for such an alternate ethics review
board; and
WHEREAS, the City Council wishes to clarify certain aspects of the operating procedures
to be followed by the ethics review board and by alternate ethics review boards when reviewing such
complaints.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-569(d)(1)b. of the Code of the City of Fort Collins is hereby
amended so as to read in its entirety as follows:
b. Upon receipt of any such complaint, the City Council shall decide by
majority vote whether to submit the complaint to the review board for
an advisory opinion as to whether the violation alleged in the complaint
has occurred and, if so, the action, if any, that should be taken with
regard to such violation. In the event that such complaint is not
submitted to the review board, the City Council may decide what, if
any, other action pertaining to the same is appropriate.
Section 2. That Section 2-569(d)(1)c. of the Code of the City of Fort Collins is hereby
amended so as to read in its entirety as follows:
C. In the event that a complaint is filed with the Mayor under the
provisions of this subsection which alleges a violation on the part of
four(4)or more Councilmembers,such complaint shall not be referred
to the Council for review but shall instead be submitted to an alternate
review board. Said board shall consist of any remaining
Councilmembers who are not named in the complaint and as many
members of city boards and commissions as are necessary to constitute
a seven-member board. Said board and commission members shall be
selected at random by the City Clerk within ten (10) working days of
the date upon which the complaint is filed with the Mayor. Any board
and commission members selected by the City Clerk who elect not to
serve on the alternate review board shall immediately so notify the City
Clerk, who shall thereafter select as many additional board and
commission members as are necessary to constitute the seven-member
board. The procedure utilized by the alternate review board for
reviewing the complaint and rendering an advisory opinion and
recommendation shall be as provided in subparagraph(e)below,except
that: (i) the opinion and recommendation of such board shall be final
and shall not be submitted to the City Council for review or adoption
by the City Council unless three(3)Councilmembers remain available,
without a conflict of interest, and are able to consider and take action
on the opinion and recommendation, and(ii)the City Council and city
staff shall,upon request by the alternate review board, make available
to such board all information in the possession of the city that is
relevant to the board's investigation,including,without limitation,tape
recordings of any relevant executive sessions,unless the release of said
information is prohibited by state or federal law; and, in reviewing and
discussing such information,the board shall abide by any local,state or
federal confidentiality requirements that might limit or prohibit the
release of such information to third parties.
Section 3. That Section 2-569(g)of the Code of the City of Fort Collins is hereby amended
so as to read in its entirety as follows:
(g) Compliance with the applicable provisions of the Charter and Code and the
provisions of state law, as well as decisions regarding the existence or nonexistence
of conflicts of interest and the appropriate actions to be taken in relation thereto,shall
be the responsibility of each individual Councilmember or board and commission
member, except as provided in § 2-568(b)(1)(vii). An opinion adopted by the City
Council under subparagraph(e)of this Section shall constitute an affirmative defense
to any civil or criminal action or any other sanction against a Councilmember or
board or commission member acting in reliance thereon.
Introduced and considered favorably on first reading and ordered published this 16th day of
July, A.D. 2002, and to be presented for final passage on the 20th day of August, A.D. 2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of ,ug , A.D. 2002.
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ATTEST:
City Clerk