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repealed in its entirety and reenacted to read as follows: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