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HomeMy WebLinkAbout016 - 02/20/1990 - AMENDING CITY CODE ESTABLISHING RULES FOR THE APPOINTMENT OF MEMBERS OF CITY COUNCIL AS BOARD MEMBER ORDINANCE NO. 16, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS BY ESTABLISHING RULES FOR THE APPOINTMENT OF MEMBERS OF THE CITY COUNCIL AS BOARD MEMBERS AND/OR LIAISONS TO OTHER GOVERNMENTAL ENTITIES AND PRIVATE AGENCIES WHEREAS, members of the City Council have historically been appointed to serve as City representatives to, or members of the boards of directors of, the following governmental agencies: Airport Authority Block 31 Committee CML Policy Committee Downtown Development Authority Fire Pension Board Housing Authority Joint Utility District Advisory Committee North Front Range Transportation/Air Quality Planning Council Platte River Power Authority Police Pension Board Poudre Fire Authority Poudre R-1 Liaison Committee Regional Water Facilities Development Committee Urban Growth Area Review Board and WHEREAS, the Mayor presently serves ex officio as a member of the board of directors of two private agencies, namely, the Fort Collins Chamber of Commerce and Fort Collins, Inc. , having been appointed to serve in such capacity by such agencies and not by appointment of the Council ; and WHEREAS, questions have arisen as to whether such appointments create conflicts of interest for Councilmembers; and WHEREAS, the Council desires to modify the provisions of the City Code so as to establish guidelines with regard to such appointments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 2 of the Code of the City of Fort Collins is hereby amended by adding thereto a new Section 2-570, to read as follows: Sec. 2-570. Councilmember appointments. (a) Definitions. The following words, for the purpose of this section, shall have the following definitions: (1) Governmental entity or agency shall mean a federal , state or county government or any incorporated city or town , and every kind of district , agency , instrumentality or political subdivision thereof which has been organized pursuant to law. (2) Private agency shall mean any committee, association, corporation, partnership or other organization or group of persons other than a governmental entity or agency. (b) Appointments to governmental entities or agencies. The Council may, in its discretion, appoint any number of its members to serve as city representatives to, or members of the boards of directors of, other governmental entities and agencies. Absent extraordinary circumstances, which may be reviewed on a case-by-case basis, such appointments shall not be considered to create conflicts of interest for members of the Council who are so appointed. Accordingly, Councilmembers appointed by the Council to serve in such capacities shall not generally be required to refrain from participating in any administrative, legislative, fiscal , investigative or quasi-judicial functions of the Council which may affect the interests of such governmental entities or agencies . In the event that individual Councilmembers may , from time to time , determine , on a case-by-case basis, that a particular circumstance does create a conflict of interest under the then current provisions of law, such Councilmember may, in his or her discretion, choose to abstain from any such Council decision. (c) Appointments to private agencies. The Council may also, in its discretion, appoint any number of its members to serve as members of the boards of directors of private agencies. The service of Councilmembers as members of the boards of directors of private agencies shall not be considered service in an official capacity as a Councilmember unless such service has been determined by the Council by resolution to be in the best interests of the city. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 1990, and to be presented for final passage on the 20th day of February, A.D. 1990. (4mw '�=C" ayor TEST: City Clerk Passed and adopted on final reading this .20\th day of February, 1990. Mayor ATTEST: City Clerk