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HomeMy WebLinkAbout110 - 08/20/2002 - AMENDING THE CITY CODE PERTAINING TO THE RULES OF PROCEDURE FOR THE ETHICS REVIEW BOARD AND ALTERNAT ORDINANCE NO. 110, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2, ARTICLE VI, DIVISION 1 OF THE CITY CODE PERTAINING TO THE RULES OF PROCEDURE FOR THE ETHICS REVIEW BOARD AND ALTERNATE ETHICS REVIEW BOARDS WHEREAS, Section 2-569(d)(1)b. of the City Code establishes procedures whereby complaints alleging ethical violations on the part of City Councilmembers or board and commission members may be submitted to the City Council Ethics Review Board; and WHEREAS,Section 2-569(d)(1)c.of the City Code calls for the establishment of an alternate ethics review board in the event that a complaint is filed with the Mayor alleging a violation of any ethical rules of conduct by four or more Councilmembers; and WHEREAS,said Code section provides that the ethics review board will render an advisory opinion and recommendation regarding such complaints; and WHEREAS, questions have arisen about the procedures for such an alternate ethics review board; and WHEREAS, the City Council wishes to clarify certain aspects of the operating procedures to be followed by the ethics review board and by alternate ethics review boards when reviewing such complaints. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-569(d)(1)b. of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: b. Upon receipt of any such complaint, the City Council shall decide by majority vote whether to submit the complaint to the review board for an advisory opinion as to whether the violation alleged in the complaint has occurred and, if so, the action, if any, that should be taken with regard to such violation. In the event that such complaint is not submitted to the review board, the City Council may decide what, if any, other action pertaining to the same is appropriate. Section 2. That Section 2-569(d)(1)c. of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: C. In the event that a complaint is filed with the Mayor under the provisions of this subsection which alleges a violation on the part of four(4)or more Councilmembers,such complaint shall not be referred to the Council for review but shall instead be submitted to an alternate review board. Said board shall consist of any remaining Councilmembers who are not named in the complaint and as many members of city boards and commissions as are necessary to constitute a seven-member board. Said board and commission members shall be selected at random by the City Clerk within ten (10) working days of the date upon which the complaint is filed with the Mayor. Any board and commission members selected by the City Clerk who elect not to serve on the alternate review board shall immediately so notify the City Clerk, who shall thereafter select as many additional board and commission members as are necessary to constitute the seven-member board. The procedure utilized by the alternate review board for reviewing the complaint and rendering an advisory opinion and recommendation shall be as provided in subparagraph(e)below,except that: (i) the opinion and recommendation of such board shall be final and shall not be submitted to the City Council for review or adoption by the City Council unless three(3)Councilmembers remain available, without a conflict of interest, and are able to consider and take action on the opinion and recommendation, and(ii)the City Council and city staff shall,upon request by the alternate review board, make available to such board all information in the possession of the city that is relevant to the board's investigation,including,without limitation,tape recordings of any relevant executive sessions,unless the release of said information is prohibited by state or federal law; and, in reviewing and discussing such information,the board shall abide by any local,state or federal confidentiality requirements that might limit or prohibit the release of such information to third parties. Section 3. That Section 2-569(g)of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: (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, except as provided in § 2-568(b)(1)(vii). 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 and considered favorably on first reading and ordered published this 16th day of July, A.D. 2002, and to be presented for final passage on the 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of ,ug , A.D. 2002. f , -,Mayor µ ATTEST: City Clerk