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HomeMy WebLinkAbout130 - 08/17/1999 - SUBMITTING A CHARTER AMENDMENT TO THE VOTERS EXEMPTING AD HOC COMMITTEES FROM CONFLICT OF INTEREST R ORDINANCE NO. 130, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE IV, SECTION 9 OF THE CITY CHARTER EXEMPTING AD HOC COMMITTEES FROM CONFLICT OF INTEREST RULES 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, 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,Article IV,Section 9 of the Charter contains certain conflict of interest rules that apply to the members of any authority,board,committee,commission,department,division or office of the City; and WHEREAS,the City sometimes appoints committees to formulate recommendations with regard to specific proposals to be considered by the City Council; and WHEREAS, such committees may frequently include members who have a personal or financial interest in the proposal being considered by the City; and WHEREAS, it is important that individuals having such an interest in the subject matter of these proposals be allowed to serve on such committees, so that their rights and interests may be considered by City staff in formulating its recommendations to the Council, and by the Council in deciding how to proceed with regard to such proposals; and WHEREAS,members ofthese committees have no decision-making responsibility on behalf of the City; and WHEREAS, for the foregoing reasons, the City Council believes it to be necessary and desirable in the interests of the City to exempt the members of such committees from the conflict of interest rules contained in the City Charter; and WHEREAS, the City Council believes that an amendment proposing such an exemption should be submitted to the registered electors of the City so that the voters may determine whether such amendment is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to the definition of"officer or employee" as contained in Article IV, Section 9 of the City Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment No. 5" at a special municipal election to be held in conjunction with the Larimer County, Colorado, Coordinated Election on Tuesday, November 2, 1999: ARTICLE IV. GENERAL PROVISIONS 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: 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, other than: (1) an authority that is: a. established under the provisions of the Colorado Revised Statutes; b. governed by state statutory rules of ethical conduct; and C. expressly exempted from the provisions of this Article by ordinance of the Council. (2) a special purpose committee established to serve for a limited period of time for the purpose of studying and/or formulating recommendations pertaining to specific proposals that may be considered by the City Council. Section 2. That following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 5 to the voters at said election: -2- CITY OF FORT COLLINS BALLOT ISSUE 2_ PROPOSED CHARTER AMENDMENT NO. 5 An amendment to Article IV, Section 9 of the Charter of the City of Fort Collins pertaining to conflicts of interest, which amendment would exempt from the City's conflict of interest rules any special purpose committee established to serve for a limited period of time for the purpose of studying specific proposals that may be considered by the City Council. YES NO Introduced and considered favorably on first reading and ordered published this 3rd day of August, A.D. 1999, and to be presented for final passage on the 17th day of August, A.D. 1999. Mayor TTEST: City Clerk \ Passed and adopted on final reading this 17th day of August, A.D. 1999. J� } Mayor A'T*TEST: City Clerk -3-