HomeMy WebLinkAbout010 - 02/11/1997 - SUBMITTING PROPOSED AMENDMENTS TO THE CHARTER PERTAINING TO CONFLICTS OF INTEREST, TO A VOTE OF THE ORDINANCE NO. 10, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING PROPOSED AMENDMENTS TO ARTICLE IV, SECTION 9, OF THE CITY
CHARTER, PERTAINING TO CONFLICTS OF INTEREST, TO A VOTE OF THE
REGISTERED ELECTORS OF THE CITY OF FORT COLLINS
WHEREAS,Article IV, Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, C.R.S.,provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS, on November 21, 1995,the City Council adopted Resolution 95-161 creating
a Charter Review Committee (the "Committee") and authorizing the Committee to undertake a
comprehensive review of the City Charter and to recommend any amendments thereto that the
Committee believed to be in the best interests of the City; and
WHEREAS,after conducting such review,the Committee has recommended certain changes
to Article IV, Section 9 of the City Charter pertaining to conflicts of interests; and
WHEREAS,the City Council believes that the foregoing proposed amendments,as modified
by the City Council, should be submitted to the registered electors of the City so that the voters may
determine whether such amendments are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed changes to Article IV, Section 9, of the City
Charter shall be submitted to the registered voters of the City as"Proposed Charter Amendment No.
3" at the next regular municipal election to be held on April 8, 1997:
ARTICLE IV. GENERAL PROVISIONS
Section 9. Conflicts of interest.
(a) Definitions. For purposes of construction of this Section 9, the
following words and phrases shall have the following meanings:
Business means a corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
holding company,joint stock company,receivership,trust, activity or entity.
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
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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.
Officer or employee means any person holding a position by election,
appointment or employment in the service of the city, whether part-time or
full-time, including a member of any authority, board, committee or
commission of the city, other than an authority that is:
(1) established under the provisions of the Colorado
Revised Statutes,
(2) governed by state statutory rules of ethical conduct,
and
(3) expressly exempted from the provisions of this Article
by ordinance of the Council.
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 non-
profit 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
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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.
Public body means the Council or any authority, board, committee,
commission, department, division or office of the city.
Relative means the spouse or minor child of the officer or employee, any
person claimed by the officer or employee as a dependent for income tax
purposes,or any person residing in and sharing with the officer or employee
the expenses of the household.
(b) Rules of conduct concerning conflicts of interest.
(1) Sales to the city. No officer or employee, or relative of such
officer or employee, shall have a financial interest in the sale to the city
of any real or personal property, equipment, material, supplies or
services, except personal services provided to the city as an officer or
employee if:
a. such officer or employee is a member of the
Council;
b. such officer or employee exercises,directly or
indirectly, any decision-making authority
concerning such sale; or
C. in the case of services, such officer or
employee exercises any supervisory authority
over the services to be rendered to the city.
(2) Purchases from the city. No officer, employee or relative
shall, directly or indirectly,purchase any real or personal property from
the city, except such property as is offered for sale at an established
price, and not by bid or auction, on the same terms and conditions as to
all members of the general public.
(3) Interests in other decisions. 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
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he or she makes recommendations, shall, upon discovery thereof,
disclose such interest in the official records of the city in the manner
prescribed in subsection (4) hereof, and shall refrain from voting on,
attempting to influence, or otherwise participating in such decision in
any manner as an officer or employee.
(4) Disclosure procedure. If any officer or employee has any
financial or personal interest requiring disclosure under subsection (3)
of this section, such person shall immediately upon discovery thereof
declare such interest by delivering a written statement to the City Clerk,
with copies to the City Manager and, if applicable,to the chairperson of
the public body of which such person is a member, which statement
shall contain the name of the officer or employee, the office or position
held with the city by such person, and the nature of the interest. If said
officer or employee shall discover such financial or personal interest
during the course of a meeting or in such other circumstance as to render
it practically impossible to deliver such written statement prior to action
upon the matter in question, said officer or employee shall immediately
declare such interest by giving oral notice to all present, including a
description of the nature of the interest.
(5) Violations. Any contract made in violation of this Section
shall be voidable by the city. If voided within one (1)year of the date
of execution thereof, the party obtaining payment by reason of such
contract shall, if required by the city, forthwith return to the city all or
any designated portion of the monies received by such individual from
the city by reason of said contract, together with interest at the lawful
maximum rate for interest on judgments.
Section 2. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 3 to the voters at said election:
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PROPOSED CHARTER AMENDMENT NO. 3
AMENDMENTS TO ARTICLE IV, SECTION 9 OF THE CHARTER OF THE CITY OF FORT COLLINS
MODIFYING THE CONFLICT OF INTEREST RULES FOR OFFICERS OR EMPLOYEES OF THE CITY BY
REDEFINING "PERSONAL INTEREST" AS AN INTEREST THAT ENTAILS SOME DIRECT AND
SUBSTANTIAL BENEFIT OR DETRIMENT TO AN OFFICER OR EMPLOYEE OF THE CITY,OR RELATIVE
OF SUCH OFFICER OR EMPLOYEE,THAT IS DIFFERENT IN KIND FROM THAT EXPERIENCED BY THE
GENERAL PUBLIC;ESTABLISHING CERTAIN SPECIFIC EXCEPTIONS TO THE DEFINITION OF PERSONAL
INTEREST; PROVIDING THAT AUTHORITIES OF THE CITY THAT ARE ESTABLISHED UNDER STATE
STATUTE AND GOVERNED BY STATE RULES OF ETHICAL CONDUCT MAY BE EXEMPTED FROM THE
CITY'S CONFLICT OF INTEREST PROVISIONS BY ORDINANCE OF THE COUNCIL; AND PROHIBITING
OFFICERS OR EMPLOYEES OF THE CITY,OR THEIR RELATIVES,FROM HAVING A FINANCIAL INTEREST
IN THE SALE TO THE CITY OF ANY PROPERTY OR SERVICES ONLY WHEN THE OFFICER OR EMPLOYEE
IS A MEMBER OF THE CITY COUNCIL OR WHEN SUCH OFFICER OR EMPLOYEE EXERCISES DECISION-
MAKING AUTHORITY CONCERNING SUCH SALE OR, IN THE CASE OF SERVICES, EXERCISES
SUPERVISORY AUTHORITY OVER THE SERVICES TO BE RENDERED TO THE CITY.
YES
NO
Introduced,considered favorably on first reading,and ordered publis d this 21 st day of ,
A.D. 1997, and to be presented for final passage on the 11th da Feb ary, A.D.
yor
ATTEST:
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City Clerk
Passed and adopted on final reading this 11th day of Feb D., 997.
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City Clerk
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