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HomeMy WebLinkAbout112 - 08/01/1989 - AMENDING THE CITY CODE ESTABLISHING RULES OF ETHICAL CONDUCT AND CREATING AN ETHICS REVIEW BOARD FOR ORDINANCE NO. 112, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS ESTABLISHING RULES OF ETHICAL CONDUCT AND CREATING AN ETHICS REVIEW BOARD FOR THE COUNCIL AND MEMBERS OF BOARDS AND COMMISSIONS OF THE CITY OF FORT COLLINS WHEREAS, the Council of the City of Fort Collins recognizes that the proper operation of municipal government requires that Council members, as well as other officials and employees of the City and members of City boards and commissions, be independent and impartial and abide by all applicable rules of ethical conduct; and WHEREAS, under Article XX, Section 6 of the Colorado Constitution, the City, as a home rule municipality, is empowered to legislate upon, provide, regulate, conduct and control the powers, duties, qualifications and terms or tenure of all of its municipal officers, agents and employees; and WHEREAS, the establishment of rules of ethical conduct for City officials and employees and members of City boards and commissions is a matter of purely local concern; and WHEREAS, the Charter of the City contains, in Article IV, Section 9, certain definitions and rules of conduct pertaining to conflicts of interest; and WHEREAS, the City is desirous of modifying the provisions of the City Code so as to establish certain rules of ethical conduct not addressed by the provisions of the City Charter and so as to create a Council Ethics Review Board to review and render advisory opinions and recommendations concerning the application of all applicable ethical rules of conduct to Council members and members of City boards and commissions; and WHEREAS, it is the intention of the City Council that, in those areas where the rules of conduct contained in the City Charter and in the City Code may conflict with the provisions of state law, the provisions of the Charter and Code shall supersede any provisions of state law to the contrary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Chapter 2, Article V, Division 1 of the Code of the City of Fort Collins is hereby amended by adding the following sections, to be numbered Sections 2-568 and 2-569, which sections read as follows: Sec. 2-568. Ethical rules of conduct. (a) Definitions. The following words, terms and phrases, when used in this Chapter, shall have the following meanings: (1) Board and commission member shall mean a member of any appointive board or commission of the city. (2) Council member shall mean a member of the City Council . (3) Officer or employee shall mean any person holding a position by election, appointment or employment in the service of the city, whether part-time or fulltime, including a member of any authority, board, committee or commission of the city. (b) Rules of conduct. (1) An officer or employee shall not disclose or use information received in confidence as an officer or employee to advance the financial or personal interests of the officer or employee or others, nor shall such confidential information be disclosed by the officer or employee if, in the judgment of a reasonably prudent person , such disclosure would , at the time of disclosure, injure the financial interests of the city. No officer or employee who has filed a statement of conflict of interest with the City Clerk under Article IV, Section IX of the Charter shall knowingly elicit, accept or inspect any confidential information pertaining to the subject matter of such conflict of interest. (2) No Council member shall represent any person or interest before the City Council or any board or commission of the city. (3) All officers and employees shall refrain from accepting payment for any speeches, debates or other public events and shall further refrain from accepting any gift or favor which, in the judgment of a reasonably prudent person, would tend to impair the officer's or employee's independence of judgment in the performance of his or her official duties. The following shall not constitute prohibited gifts or favors under this Section: a. Campaign contributions reported as required by Section 1-45-108, C.R.S. ; b. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; c. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which an officer or employee is scheduled to participate; d. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is offered to an officer or employee which is not extraordinary when viewed in light of the position held by such officer or employee; e. Items of perishable or nonpermanent value that are insignificant in value, including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational , educational or cultural events; and f. Payment of salary from employment, including other employment in addition to that earned from being an officer or employee. Sec. 2-569. Board of ethics. (a) In order to assist the Council members and board and commission members in interpreting and applying the definitions, rules and procedures pertaining to ethics established by the Charter and Code and by the applicable provisions of state statute, there is hereby created a board of the city to be known as the Ethics Review Board, hereafter referred to in this Division as the review board. (b) The review board shall consist of three (3) Council members elected by Council , one of whom shall be elected by the review board to serve as chairperson. One (1) alternate shall also be elected by Council to serve in the event that any particular complaint or inquiry is directed towards a member of the review board. (c) Subject to the provisions of Subsection (d) below, the duties and responsibilities of the review board shall be as follows: (1) To review and investigate complaints of unethical conduct filed against Council members or board and commission members by any person; (2) To review and investigate actual or hypothetical situations involving potential conflicts of interest presented by individual Council members or board and commission members; (3) After review and investigation, to render advisory opinions or interpretations pertaining to such complaints or inquiries under the relevant provisions of the Charter and Code and the applicable provisions of state law, if any, and to make written recommendations to the Council and any affected board or commission concerning the same; and (4) To propose any revisions to the provisions of the Charter or Code or other regulations, rules or policies of the city pertaining to ethical conduct as the review board may deem necessary and appropriate in the best interests of the city. (d) Complaints and inquiries shall be submitted to the review board only according to the following procedures: (1) Complaints. a. Any person who believes that a Council member or board and commission member has violated any provision of state law or the Charter or Code pertaining to ethical conduct may file a complaint with the Mayor, who shall immediately notify the chairperson of the review board. The complaint shall be placed on the agenda for the next special or regular Council meeting for review and possible action by the Council . b. Upon receipt of any such complaint, the Council shall decide by majority vote whether to submit the complaint to the review board for an advisory opinion and recommendation. In the event that such complaint is not submitted to the review board, the Council may decide what, if any, other action pertaining to the same is appropriate. (2) Council inquiries. Any Council member may present directly to the review board any inquiry or complaint regarding the application of ethical rules of conduct under state statute or the Charter or Code to any actual or hypothetical situation of a Council member or board and commission member. (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 Council members 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, which shall immediately thereafter be filed with the City Clerk, with copies provided to the Council . The opinion and recommendation of the review board shall be available for public inspection upon filing with the City Clerk. (f) The City Attorney shall provide legal advice to the review board and shall prepare and execute all advisory opinions and recommendations of the review board. (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 Council member or board and commission member, and nothing herein shall be construed to the contrary. Section 2. That, upon adoption, the provisions of this Ordinance shall repeal all previous ordinances, resolutions, policy statements, personnel rules and/or ordinances to the contrary. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 1989, to be presented for final passage on the 1st day of August, A.D. 1989. TTEST: ti City Clerk QS 1989.Passed and adopted on final reading thM Ist_ day of August, A.D. Mayor ATTEST: City Clerk