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HomeMy WebLinkAbout010 - 02/11/1997 - SUBMITTING PROPOSED AMENDMENTS TO THE CHARTER PERTAINING TO CONFLICTS OF INTEREST, TO A VOTE OF THE ORDINANCE NO. 10, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING PROPOSED AMENDMENTS TO ARTICLE IV, SECTION 9, OF THE CITY CHARTER, PERTAINING TO CONFLICTS OF INTEREST, TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS 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, on November 21, 1995,the City Council adopted Resolution 95-161 creating a Charter Review Committee (the "Committee") and authorizing the Committee to undertake a comprehensive review of the City Charter and to recommend any amendments thereto that the Committee believed to be in the best interests of the City; and WHEREAS,after conducting such review,the Committee has recommended certain changes to Article IV, Section 9 of the City Charter pertaining to conflicts of interests; and WHEREAS,the City Council believes that the foregoing proposed amendments,as modified by the City Council, should be submitted to the registered electors of the City so that the voters may determine whether such amendments are 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 Article IV, Section 9, of the City Charter shall be submitted to the registered voters of the City as"Proposed Charter Amendment No. 3" at the next regular municipal election to be held on April 8, 1997: 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: 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 that an officer, employee or relative has as an employee of a business, or as 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 officer, employee or relative; (2) The interest that an officer, employee or relative has as 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 that an officer, employee or relative has as 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, employee or relative; (4) The interest that an officer, employee or relative has as 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 that an officer, employee or relative has as 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 that an officer, employee or relative has as 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 2 measurably affect the value of such policy, deposit or similar interest; (7) The interest that an officer, employee or relative has as 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 that an officer or employee has 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, other than an authority that is: (1) established under the provisions of the Colorado Revised Statutes, (2) governed by state statutory rules of ethical conduct, and (3) expressly exempted from the provisions of this Article by ordinance of the Council. Personal interest means any interest (other than a financial interest) by reason of which an officer or employee, or a relative of such officer or employee,would,in the judgment of a reasonably prudent person, realize or experience some direct and substantial benefit or detriment different in kind from that experienced by the general public. Personal interest shall not include: (1) the interest that an officer, employee or relative has as a member of a board, commission, committee, or authority of another governmental entity or of a non- profit corporation or association or of an educational, religious, charitable, fraternal, or civic organization; (2) the interest that an officer,employee or relative has in the receipt of public services when such services are 3 generally provided by the city on the same terms and conditions to all similarly situated citizens; or (3) the interest that an officer or employee has in the compensation,benefits,or terms and conditions of his or her employment with the city. Public body means the 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 if: a. such officer or employee is a member of the Council; b. such officer or employee exercises,directly or indirectly, any decision-making authority concerning such sale; or C. in the case of services, such officer or employee exercises any supervisory authority over the services to be rendered to the city. (2) Purchases from the city. No officer, employee or relative 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 or personal interest in any decision of any public body of which he or she is a member or to which 4 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. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 3 to the voters at said election: 5 PROPOSED CHARTER AMENDMENT NO. 3 AMENDMENTS TO ARTICLE IV, SECTION 9 OF THE CHARTER OF THE CITY OF FORT COLLINS MODIFYING THE CONFLICT OF INTEREST RULES FOR OFFICERS OR EMPLOYEES OF THE CITY BY REDEFINING "PERSONAL INTEREST" AS AN INTEREST THAT ENTAILS SOME DIRECT AND SUBSTANTIAL BENEFIT OR DETRIMENT TO AN OFFICER OR EMPLOYEE OF THE CITY,OR RELATIVE OF SUCH OFFICER OR EMPLOYEE,THAT IS DIFFERENT IN KIND FROM THAT EXPERIENCED BY THE GENERAL PUBLIC;ESTABLISHING CERTAIN SPECIFIC EXCEPTIONS TO THE DEFINITION OF PERSONAL INTEREST; PROVIDING THAT AUTHORITIES OF THE CITY THAT ARE ESTABLISHED UNDER STATE STATUTE AND GOVERNED BY STATE RULES OF ETHICAL CONDUCT MAY BE EXEMPTED FROM THE CITY'S CONFLICT OF INTEREST PROVISIONS BY ORDINANCE OF THE COUNCIL; AND PROHIBITING OFFICERS OR EMPLOYEES OF THE CITY,OR THEIR RELATIVES,FROM HAVING A FINANCIAL INTEREST IN THE SALE TO THE CITY OF ANY PROPERTY OR SERVICES ONLY WHEN THE OFFICER OR EMPLOYEE IS A MEMBER OF THE CITY COUNCIL OR WHEN SUCH OFFICER OR EMPLOYEE EXERCISES DECISION- MAKING AUTHORITY CONCERNING SUCH SALE OR, IN THE CASE OF SERVICES, EXERCISES SUPERVISORY AUTHORITY OVER THE SERVICES TO BE RENDERED TO THE CITY. YES NO Introduced,considered favorably on first reading,and ordered publis d this 21 st day of , A.D. 1997, and to be presented for final passage on the 11th da Feb ary, A.D. yor ATTEST: e City Clerk Passed and adopted on final reading this 11th day of Feb D., 997. or ATTEST:((� 14�n)k . City Clerk 6