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HomeMy WebLinkAbout2023-085-09/05/2023-APPROVING A CODE OF CONDUCT FOR CITY COUNCILMEMBERS AND BOARD AND COMMISSION MEMBERSRESOLUTION 2023-085 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A CODE OF CONDUCT FOR CITY COUNCILMEMBERS AND BOARD AND COMMISSION MEMBERS WHEREAS,the City Council is committed to preserving standards of integrity and ensuring that the City Council and board and commission members are respectful,impartial and fair in their judgment and actions while carrying out their duties;and WHEREAS,the City Council is committed to ensuring that Councilmembers and board and commission members make decisions based on merits of an issue before them,while treating all persons in a respectful manner and conducting business in a way that exemplifies transparency and open communication;and WHEREAS,interpersonal issues arise among board members and Councilmembers that are outside the scope of the City’s Respectful Workplace Policy or the ethical provisions of the City Charter;and WHEREAS,on November 15,2023,the City Council adopted Resolution 2022-122 creating an ad hoc committee on boards and commissions (“Committee”)to consider and make recommendations to improve efficiency and consistency of board and commission processes and reduce barriers to participation;and WHEREAS,the Committee directed City staff to develop a code of conduct to address the City Council’s values and address interpersonal issues (“Code of Conduct”)and considered several versions during its meetings;and WHEREAS,on July 19,2023,the Committee approved a recommendation that the City Council formally adopt the Code of Conduct. NOW,THEREFORE,BE IT RESOLVED 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. Section 2.That the policy statements contained in the attached Code of Conduct accurately reflect the City’s policies on these issues. Section 3.That the City Council hereby approves the Code of Conduct,attached hereto as Exhibit “A,”incorporated herein by reference. Section 4.That the City Council hereby directs that the Code of Conduct be included as an appendix to the City Council-approved Boards and Commissions Manual. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th ay of September,2023. a May’ AflEST: a S WA SyrCityClerk EXHIBIT A TO RESOLUTION 2023-085 CityofFortCoLLins 300 Lapo~rL Avenue Fort Collins CO 80521 Code of Conduct Purpose: Fort Collins aspires to be a city that addresses the needs of all members of our community and strives to ensure that everyone has the opportunity to thrive.As a community,we commit to building a healthy,equitable,and resilient city for our families,for our neighbors,and for future generations.The high quality of life we enjoy requires a city that is safe and where all individuals are treated with dignity and respect.The Mayor and City Council are committed to providing an environment that exemplifies the highest standards of behavior and is known for its honesty, inclusivity and transparency.Our elected officials and those they appoint believe that how they treat others is a direct reflection of our collective character. Application: This policy applies to board and commission members appointed by the City Council.The Council also adopts this policy to establish standards for Councilmember interactions with board and commission members,staff,and amongst Councilmembers.The term “Appointees”refers to appointed board and commission members.The term “Members”refers to both appointees and City Council. The City Council appoints individuals who: •Comply with both the letter and the spirit of the laws and policies affecting operations of boards and commissions. •Are independent,impartial,and fair in their judgment and actions. •Participate in assigned duties and functions for the public good. •Conduct public deliberations and processes openly,unless legally confidential,in an atmosphere of respect and civility toward each other,City staff,and members of the public. •Learn and understand the legal and ethical requirements that apply to public officials and processes. Therefore,members commit to the following: 1.To uphold the standards of integrity and honesty with the intention of using true and accurate evidence and/or statements in the decision-making process,and making decisions based on the best interest of the city and its residents. EXHIBIT A TO RESOLUTION 2023-085 2.To conduct business of their board or commission that is within the scope of the specific board or commission functions as described in the Fort Collins Municipal Code. 3.To perform Council liaison assignments and duties as described in the Fort Collins Municipal Code. 4.Familiarize themselves with,adhere to,and comply with established policies and laws,as applicable: •The City of Fort Collins Boards and Commissions Manual •Colorado’s Sunshine Laws regarding open meetings and public records —as outlined in the Council Resource Guide •The City of Fort Collins Charter and Municipal Code;specifically,the ethical rules of conduct and the open meetings,remote meetings,notice and minutes of meetings, board or commission action and attendance requirements (see Fort Collins Municipal Code §~2-71 through 2-79) •The City Council-adopted Anti-Discrimination and Anti-Harassment Policy,which prohibits harassment,discrimination and retaliation based on a person’s protected characteristics. 5.Avoid all ex pane communications (communications with anyone about a pending issue including communication with City staff)about quasi-judicial matters. 6.To be aware of the open records requirement that applies to written notes,calendars, voicemail messages,and e-mail.All written or recorded materials including notes, voicemail,text messages,and e-mail that discuss or touch on public business or the functions of the board or communication will likely be subject to disclosure to a requesting party. 7.Appointees are encouraged to meet with their Staff or City Council liaison to discuss any concerns regarding work that may be outside the scope of designated functions,conflicts of interest,appearance of impropriety,exparte communications,or gifts.Appointees must make disclosures to the City Clerk’s Office as appropriate under the circumstances. 8.Make decisions based on the merits of the issue,while treating all persons and decisions in a respectful and equitable manner and committing to conducting business in a way that exemplifies transparency and open communication. 9.Respect the legitimacy and authority of decisions that have been finalized regardless of personal position on the matter. 10.(For Appointees)Strive to represent the official policies and positions of their board or commission when serving in the member role.When presenting their personal opinions or positions in a public meeting,such as a City Council meeting,Appointees shall explicitly state that they are not representing their board or commission or the City. 2 EXHIBIT A TO RESOLUTION 2023-085 11.(For Appointees)Avoid actively participating in matters that interfere with a quasi- judicial commission member’s ability to remain impartial in making decisions. 12.Continue respectful behavior among Members and City staff when communicating in private.The same level of respect and consideration of differing points of view should be maintained in private conversations. 13.To use public resources (e.g.,staff time,equipment,supplies,or facilities)appropriately and in a manner that fosters stewardship of the taxpayer and ratepayer dollar. 14.Attend meetings of your board or commission.Because contemplation,deliberation,and decision-making require collaboration and participation,Appointees are expected to attend their meetings.Appointees must comply with attendance requirements described in Fort Collins Municipal Code §2-79.Appointees commit to attend any required trainings and even suggested trainings that enhance a member’s ability to serve. 15.To respect fellow Members,staff,and the public by treating all with patience,courtesy, and civility at all times during the performance of official duties,regardless of differences of opinion. 16.Avoid making personal,profane,vulgar,slanderous,humiliating,intimidating,or harassing remarks that disturb,disrupt,or impede the conduct of the meeting or the completion of the meeting agenda.Similarly,abusive language,intimidation,threats of violence or harm,or racial or ethnic slurs directed at any person or group of persons are prohibited.Members are expected to know that problematic behavior can cause the targets of behavior to feel threatened,humiliated,or intimidated and such conduct is detrimental to the proper functioning of a public body.Members are expected to avoid publicly ridiculing or insulting fellow Members,members of the public,and City staff. 17.Act in furtherance of the principle that healthy discourse occurs when individuals of all backgrounds and personalities are allowed to respectfully speak candidly about matters of interest,ask difficult questions,challenge ideas and propositions,and work together toward optimal solutions in a respectful manner. 18.Explain to a person who engages in disrespectful treatment that the behavior is disrespectful and,if the person who is the target of the behavior feels comfortable doing so,ask that they discontinue the behavior.If this does not change the behavior the person who believes they are being treated disrespectfully is strongly encouraged to report the behavior using the process described in Fort Collins Municipal Code §2-580. 19.Report behavior that is disruptive,humiliating,intimidating,or threatening or otherwise in violation of this Code of Conduct in the performance of City business,at City-sponsored events,and in all interactions between members,City staff,or the public to the staff liaison and the Boards and Commissions Coordinator.Complaints of such behavior will be processed following procedures in the Fort Collins Municipal Code. EXHIBIT A TO RESOLUTION 2023-085 Appointees may not be reappointed and are subject to censure or dismissal by the appointing authority for misconduct,nonperformance of duty,or failure to comply with this Code of Conduct, applicable policies,and the Fort Collins City Charter and Municipal Code. I have read and understand the City of Fort Collins Code of Conduct and agree to abide by and uphold this code to the best of my ability at all times while serving as an appointed or elected official of the city. I understand that I may not be reappointed,and may be suspended,censured or removed from my appointment if my conduct falls below these standards. Signature:—Date: Printed Name: