HomeMy WebLinkAbout112 - 08/01/1989 - AMENDING THE CITY CODE ESTABLISHING RULES OF ETHICAL CONDUCT AND CREATING AN ETHICS REVIEW BOARD FOR ORDINANCE NO. 112, 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF FORT COLLINS ESTABLISHING
RULES OF ETHICAL CONDUCT AND
CREATING AN ETHICS REVIEW BOARD FOR THE
COUNCIL AND MEMBERS OF BOARDS AND
COMMISSIONS OF THE CITY OF FORT COLLINS
WHEREAS, the Council of the City of Fort Collins recognizes that the
proper operation of municipal government requires that Council members, as
well as other officials and employees of the City and members of City
boards and commissions, be independent and impartial and abide by all
applicable rules of ethical conduct; and
WHEREAS, under Article XX, Section 6 of the Colorado Constitution, the
City, as a home rule municipality, is empowered to legislate upon, provide,
regulate, conduct and control the powers, duties, qualifications and terms
or tenure of all of its municipal officers, agents and employees; and
WHEREAS, the establishment of rules of ethical conduct for City
officials and employees and members of City boards and commissions is a
matter of purely local concern; and
WHEREAS, the Charter of the City contains, in Article IV, Section 9,
certain definitions and rules of conduct pertaining to conflicts of
interest; and
WHEREAS, the City is desirous of modifying the provisions of the City
Code so as to establish certain rules of ethical conduct not addressed by
the provisions of the City Charter and so as to create a Council Ethics
Review Board to review and render advisory opinions and recommendations
concerning the application of all applicable ethical rules of conduct to
Council members and members of City boards and commissions; and
WHEREAS, it is the intention of the City Council that, in those areas
where the rules of conduct contained in the City Charter and in the City
Code may conflict with the provisions of state law, the provisions of the
Charter and Code shall supersede any provisions of state law to the
contrary.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1 . That Chapter 2, Article V, Division 1 of the Code of the
City of Fort Collins is hereby amended by adding the following sections, to
be numbered Sections 2-568 and 2-569, which sections read as follows:
Sec. 2-568. Ethical rules of conduct.
(a) Definitions. The following words, terms and phrases,
when used in this Chapter, shall have the following meanings:
(1) Board and commission member shall mean a member of any
appointive board or commission of the city.
(2) Council member shall mean a member of the City Council .
(3) Officer or employee shall mean any person holding a
position by election, appointment or employment in the
service of the city, whether part-time or fulltime,
including a member of any authority, board, committee
or commission of the city.
(b) Rules of conduct.
(1) An officer or employee shall not disclose or use
information received in confidence as an officer or
employee to advance the financial or personal interests
of the officer or employee or others, nor shall such
confidential information be disclosed by the officer or
employee if, in the judgment of a reasonably prudent
person , such disclosure would , at the time of
disclosure, injure the financial interests of the city.
No officer or employee who has filed a statement of
conflict of interest with the City Clerk under Article
IV, Section IX of the Charter shall knowingly elicit,
accept or inspect any confidential information
pertaining to the subject matter of such conflict of
interest.
(2) No Council member shall represent any person or
interest before the City Council or any board or
commission of the city.
(3) All officers and employees shall refrain from accepting
payment for any speeches, debates or other public
events and shall further refrain from accepting any
gift or favor which, in the judgment of a reasonably
prudent person, would tend to impair the officer's or
employee's independence of judgment in the performance
of his or her official duties. The following shall not
constitute prohibited gifts or favors under this
Section:
a. Campaign contributions reported as required by
Section 1-45-108, C.R.S. ;
b. A nonpecuniary award publicly presented by a
nonprofit organization in recognition of public
service;
c. Payment of or reimbursement for actual and
necessary expenditures for travel and subsistence
for attendance at a convention or other meeting at
which an officer or employee is scheduled to
participate;
d. Reimbursement for or acceptance of an opportunity
to participate in a social function or meeting
which is offered to an officer or employee which is
not extraordinary when viewed in light of the
position held by such officer or employee;
e. Items of perishable or nonpermanent value that are
insignificant in value, including but not limited
to meals, lodging, travel expenses or tickets to
sporting, recreational , educational or cultural
events; and
f. Payment of salary from employment, including other
employment in addition to that earned from being an
officer or employee.
Sec. 2-569. Board of ethics.
(a) In order to assist the Council members and board and
commission members in interpreting and applying the definitions,
rules and procedures pertaining to ethics established by the
Charter and Code and by the applicable provisions of state
statute, there is hereby created a board of the city to be known
as the Ethics Review Board, hereafter referred to in this
Division as the review board.
(b) The review board shall consist of three (3) Council
members elected by Council , one of whom shall be elected by the
review board to serve as chairperson. One (1) alternate shall
also be elected by Council to serve in the event that any
particular complaint or inquiry is directed towards a member of
the review board.
(c) Subject to the provisions of Subsection (d) below, the
duties and responsibilities of the review board shall be as
follows:
(1) To review and investigate complaints of unethical
conduct filed against Council members or board and
commission members by any person;
(2) To review and investigate actual or hypothetical
situations involving potential conflicts of interest
presented by individual Council members or board and
commission members;
(3) After review and investigation, to render advisory
opinions or interpretations pertaining to such
complaints or inquiries under the relevant provisions
of the Charter and Code and the applicable provisions
of state law, if any, and to make written
recommendations to the Council and any affected board
or commission concerning the same; and
(4) To propose any revisions to the provisions of the
Charter or Code or other regulations, rules or policies
of the city pertaining to ethical conduct as the review
board may deem necessary and appropriate in the best
interests of the city.
(d) Complaints and inquiries shall be submitted to the
review board only according to the following procedures:
(1) Complaints.
a. Any person who believes that a Council member or
board and commission member has violated any
provision of state law or the Charter or Code
pertaining to ethical conduct may file a complaint
with the Mayor, who shall immediately notify the
chairperson of the review board. The complaint
shall be placed on the agenda for the next special
or regular Council meeting for review and possible
action by the Council .
b. Upon receipt of any such complaint, the Council
shall decide by majority vote whether to submit the
complaint to the review board for an advisory
opinion and recommendation. In the event that such
complaint is not submitted to the review board, the
Council may decide what, if any, other action
pertaining to the same is appropriate.
(2) Council inquiries. Any Council member may present
directly to the review board any inquiry or complaint
regarding the application of ethical rules of conduct
under state statute or the Charter or Code to any
actual or hypothetical situation of a Council member or
board and commission member.
(e) In performing its review and investigation of any
complaint or inquiry submitted in accordance with Subsection (d)
hereof, the review board shall afford all affected Council
members or board and commission members an opportunity to present
their interpretations of the facts at issue and of the applicable
provisions of law before rendering its opinion and
recommendation. The review board may also request such
additional materials or information from city staff or members of
the public which it considers reasonably necessary or helpful to
its deliberations. After investigation, the review board shall
forthwith issue an advisory opinion and recommendation, which
shall immediately thereafter be filed with the City Clerk, with
copies provided to the Council . The opinion and recommendation
of the review board shall be available for public inspection upon
filing with the City Clerk.
(f) The City Attorney shall provide legal advice to the
review board and shall prepare and execute all advisory opinions
and recommendations of the review board.
(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 Council
member or board and commission member, and nothing herein shall
be construed to the contrary.
Section 2. That, upon adoption, the provisions of this Ordinance
shall repeal all previous ordinances, resolutions, policy statements,
personnel rules and/or ordinances to the contrary.
Introduced, considered favorably on first reading, and ordered
published this 18th day of July, A.D. 1989, to be presented for final
passage on the 1st day of August, A.D. 1989.
TTEST: ti
City Clerk QS
1989.Passed and adopted on final reading thM Ist_ day of August, A.D.
Mayor
ATTEST:
City Clerk