HomeMy WebLinkAbout064 - 07/20/1993 - AMENDING CITY CODE PERTAINING TO OPINIONS OF THE ETHICS REVIEW BOARD ORDINANCE NO. 64, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-569 OF THE CODE PERTAINING TO
OPINIONS OF THE ETHICS REVIEW BOARD
WHEREAS, Section 2-569 of the Code establishes an Ethics Review Board which
is empowered to render advisory opinions regarding complaints or inquiries
involving questions of compliance by Councilmembers and members of City boards
and commissions with state and local rules of ethical conduct; and
WHEREAS, as presently written, the advisory opinions rendered by the Ethics
Review Board are provided to the City Council , but are not subject to formal
review by the Council ; and
WHEREAS, the Council believes it would be desirable for opinions of the
Ethics Review Board to be subject to review by the entire Council ; and
WHEREAS, the Council further believes it would be in the best interests of
the City if such advisory opinions, once approved by the Council , would serve as
an affirmative defense to any civil or criminal action or any other sanction
which might be sought against a Councilmember acting in reliance thereon.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that Section 2-569, subsections (e) and (g) , shall be amended so as to read in
their entirety as follows:
Sec. 2-569. Board of ethics.
(e) In performing its review and investigation of any complaint
or inquiry submitted in accordance with subsection (d) hereof, the
review board shall afford all affected Councilmembers or board and
commission members an opportunity to present their interpretations
of the facts at issue and of the applicable provisions of law before
rendering its opinion and recommendation. The review board may also
request such additional materials or information from city staff or
members of the public which it considers reasonably necessary or
helpful to its deliberations. After investigation, the review board
shall forthwith issue an advisory opinion and recommendation to the
City Council , which shall immediately thereafter be filed with the
City Clerk and be available for public inspection. Said opinion and
recommendation shall be placed on the agenda for the next special or
regular City Council meeting, at which time the City Council shall
determine whether to adopt the same. Any Councilmember having a
personal or financial interest in the opinion shall refrain from
participating in any deliberations of the City Council regarding the
same.
(g) Compliance with the applicable provisions of the Charter and
Code and the provisions of state law, as well as decisions regarding
the existence or nonexistence of conflicts of interest and the
appropriate actions to be taken in relation thereto, shall be the
responsibility of each individual Councilmember or board and
commission member; provided, however, that an opinion adopted by the
City Council under subparagraph (e) of this Section shall constitute
an affirmative defense to any civil or criminal action or any other
sanction against a Councilmember or board or commission member
acting in reliance thereon.
Introduced, considered favorably on first reading, and ordered published
this 6th day of July, A.D. 1993, and to be presented for fin passage on_t�e
20th day of July, A.D. 1993.
or �
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of J A.D. 1993.
i
i l
ayor
ATTEST:
City Clerk