HomeMy WebLinkAbout155 - 01/15/2013 - AMENDING SECTION 2-483 OF THE CITY CODE SO AS TO MAKE THE CONFLICT OF INTEREST PROVISIONS CONTAINED ORDINANCE NO. 155, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-483 OF THE CODE OF THE CITY OF FORT COLLINS
SO AS TO MAKE THE CONFLICT OF INTEREST PROVISIONS CONTAINED
IN THE CITY CHARTER APPLICABLE TO THE MEMBERS OF THE BOARD OF
COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY
WHEREAS, Article IV, Section 9 of the City Charter and Section 2-568 of the City Code
contain certain ethical rules that apply to all officers and employees of the City; and
WHEREAS, Section 9(a)of the Charter and Section 2-568(a)(4)of the City Code define an
"officer or employee" of the City as "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: (I)established
under the provisions of the Colorado Revised Statutes;(2)governed by state statutory rules of ethical
conduct;and(3)expressly exempted from(the Charter conflict of interest provisions)by ordinance
of the Council"; and
WHEREAS, the Fort Collins Urban Renewal Authority (the "Authority") has been
established by the City Council under the provisions contained in Title 31, Article 25, Part I of the
Colorado Revised Statutes; and
WHEREAS, such authority is governed by state statutory rules of ethical conduct and is
currently expressly exempted under Section 2-483 from the provisions of Article IV, Section 9 of
the Charter, so that the Charter conflict of interest rules do not apply to the members of the Board
of Commissioners of the Authority (the "Board"); and
WHEREAS, under C.R.S. Sections 31-25-104(2)(a) and 31-25-115(1), the board of
commissioners of an urban renewal authority may either consist of five to eleven members appointed
by the governing body of the municipality, not more than one of whom may be an official of the
municipality, or it may consist of the members of the governing body itself; and
WHEREAS, on April 4, 2006, by adoption of Ordinance No. 048, 2006, the City Council
established the Authority and designated itself as the Board; and
WHEREAS,the state statutory conflict of interest rule most directly applicable to the officers
and employees of an authority is the rule contained in C.R.S. Section 31-25-104(3),which prohibits
commissioners and other officers and employees of authorities and their immediate family members
from acquiring any interest,direct or indirect, in any project or in any property included or planned
to be included in any project, or from having any interest, direct or indirect, in any contract for
materials or services to be furnished or used in connection with any project; and
WHEREAS, this state conflict of interest rule is less restrictive than the conflict of interest
rules contained in the City Charter,in that the Charter rules not only prohibit officers and employees
of the City from having any financial interest in decisions that may come before them in their official
capacities but also from having any "personal interest" in such decision, as that term is defined in
the Charter; and
WHEREAS, the City Council Ethics Review Board (the "Review Board") is authorized
under Section 2-569(c)(4)of the City Code 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; and
WHEREAS, in Opinion No. 2012-2, the Review Board has recommended that, in view of
the fact that the City Council has designated itself as the board of commissioners of the Authority,
the City Code should be amended so as to apply the same ethical rules of conduct to both the
Authority and the Council; and
WHEREAS,the City Council agrees that such amendment is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 2-483 of the Code of the City of Fort Collins is hereby amended so as to read
in its entirety as follows:
Section 2-483. Conflicts of interest.
The officers and employees of the Authority shall be governed by the applicable rules
of ethical conduct contained in Article IV, Section 9 of the Charter and in Section 2-
568 of the Code.
Introduced, considered favorably on first reading, and ordered published this 18th day of
December,A.D. 2012, and to be presente final passage on the 15th day of January, A.D. 2013.
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Passed and adopted on final reading on the 15th day of January, A.D. 2013.
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