HomeMy WebLinkAbout167 - - AMENDING SECTION 2-568(c)(2) OF CITY CODE PERTAINING TO RULES OF CONDUCT APPLICABLE TO COUNCILMEMBERORDINANCE NO. 167, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-568(c)(2) OF THE CODE OF THE CITY
OF FORT COLLINS PERTAINING TO RULES OF CONDUCT
APPLICABLE TO COUNCILMEMBER CONDUCT
WHEREAS,Article IV, Section 9 of the Charter of the City establishes conflicts of interest
provisions governing City officers and employees; and
WHEREAS, Section 2-568 of the City Code establishes Ethical Rules of Conduct and
Section 2-568(c)(2) currently prohibits a Councilmember representing "any person or interest
before the City Council or any board or commission of the City"; and
WHEREAS, City Code Section 2-569 establishes the Ethics Review Board (the "Review
Board") and sets out the procedures under which the Review Board operates; and
WHEREAS, in 2016,the Review Board considered various questions related to the Charter
and Code provisions related to conflicts of interest culminating in Ethics Opinion 2016-01, which
was adopted by the City Council in Resolution 2016-058; and
WHEREAS, the Review Board met several times in 2017 to review, address and clarify
restrictions and permitted actions of Councilmembers with conflicts of interest; and
WHEREAS, the Ethics Review Board met on February 7 and February 14, 2017, to
review and approve the draft Ethics Opinion 2017-01, responding to an inquiry by then
Councilmember Campana requesting that the Board consider and provide an advisory opinion
regarding whether under the City Charter and City Code City Councilmembers who have declared
a conflict of interest regarding a matter may discuss that matter in his or her personal or
professional capacity with City staff,which opinion was adopted by the City Council in Resolution
2017-025; and
WHEREAS, the Review Board discussed specific revisions to Section 2-568(c)(2) at
meetings on February 7, 2017, February 14, 2017, March 21, 2017, and November 7, 2017, and
on both occasions recommended that the Council adopt the proposed amendment to the City Code
as set forth herein; and
WHEREAS, the City Council finds and intends that this amended language be enacted to
clarify the effects of a Councilmember conflict of interest and to facilitate the enforcement of this
provision.
NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That Section 2-568(c)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-568. Ethical rules of conduct.
c) Rules of Conduct.
2) With respect to any matter regarding which a Councilmember has declared a
conflict of interest, said Councilmember is prohibited from discussing with, or otherwise
attempting in any capacity to influence,directly or indirectly, any City officer or employee,
and from representing any person or interest before the City Council or any board of
commission of the City or in dealing with any City officer or employee, except that such
Councilmember may represent with any City employee or before the City Council or a
board or commission of the City his or her own interest or that of a relative provided said
Councilmember does not violate Section 2-568(c)(5) or(c)(6).
Introduced, considered favorably on first reading, and ordered published this 5th day of
December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D.
2017.
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Mayor Bko Tern
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Passed and adopted on final reading on the 19th day of December, A.D. 2017.
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