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HomeMy WebLinkAbout155 - 12/20/1988 - SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS CONCERNING CONFLICTS OF ORDINANCE NO. 155, 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS CONCERNING CONFLICTS OF INTEREST 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(b) , 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, the Council desires to submit the following proposed Charter amendment to the registered electors of the City at the next regular City election to be held on March 7, 1989. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That the following proposed Charter Amendment shall be submitted to the registered voters of the City at the next regular City election to be held on March 7, 1989: PROPOSED CHARTER AMENDMENT NO. 2 Section 9 of Article IV of the Charter of the City is hereby repealed in its entirety and reenacted to read as follows: Section 9.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 of an employee of a business, or 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 employee or interest holder; (2) The interest of 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 of 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 or employee; (4) The interest of 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 of 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 of 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 measurably affect the value of such policy, deposit or similar interest; (7) The interest of 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 of an officer or employee 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. "Personal interest" means any interest (other than a financial interest) arising from blood or marriage relationships or from close business, political or personal associations or concerns which would, in the judgment of a reasonable prudent person, tend to impair independence of judgment or action in the performance of official discretionary duties. "Public body" means the City 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. This subparagraph (1) shall not apply to members of any authority, board, committee or commission of the city, or relative thereof, other than the members of the City Council . (2) Purchases from the city. No officer or employee 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 interest and any officer or employee who has a personal interest in any decision of any public body of which he or she is a member or to which 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. The following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 2 to the voters at said election: PROPOSED CHARTER AMENDMENT NO. 2 Amendment to Article IV, Section 9 of the City Charter regarding Conflicts of Interest, repealing the present Section 9 and reenacting said Section, reaffirming the present prohibition against Councilmembers, officers or employees of the City being financially interested in the sale to the City of property or services, and extending this prohibition to spouses and other dependent members of the household of the officer/employee, but excluding the members of City boards and commissions from said prohibition; prohibiting officers and employees from purchasing property from the City except property that is sold by the City to the general public at an established price and not by bid or auction; requiring officers and employees of the City to disclose their financial and personal interests (and those of their relatives) in decisions of the City in which they are involved and to refrain from participating in any such decision; establishing a procedure for the making of such disclosure; providing that any contract made in violation of Section 9 shall be voidable within one year of execution thereof and that moneys received under the contract shall , at the option of the City be refunded in the event the contract is voided; and establishing definitions of "financial interest, " "business, " "officer or employee, " "personal interest, " "public body" and "relative." FOR THE AMENDMENT AGAINST THE AMENDMENT Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D. 1988, and to be presented for final passage on the 20th day of December, A.D. 19 Mayor ATTEST: D City Clerk Passed and adopted on final reading this 20th day of December, A.D. 1988. -Ac Ma r ATTEST: City Clerk