HomeMy WebLinkAbout2010-063-09/21/2010-REGARDING ARTICLE XXIX OF THE COLORADO CONSTITUTION CONCERNING ETHICS IN GOVERNMENT RESOLUTION 2010-063
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REGARDING ARTICLE XXIX OF THE COLORADO CONSTITUTION
CONCERNING ETHICS IN GOVERNMENT
WHEREAS, in 2008, the citizens of Colorado amended the state constitution via the
initiative process to add Article XXIX (also known as Amendment 41) concerning ethics in
government; and
WHEREAS, Amendment 41 sets forth a detailed regulatory framework that limits gifts to
public officials and employees, and creates an independent ethics commission to perform the
following functions: hear and investigate complaints filed against state and local officials and
employees; issue findings and advisory opinions; and assess penalties in connection with ethics
issues arising not only under its own provisions, but also under any other standards of conduct and
regulatory requirements as are provided by law; and
WHEREAS,Section 7 of Amendment 41 provides that its provisions shall not apply to home
rule municipalities that have adopted charters, ordinances, or resolutions that address the matters
covered by Amendment 41; and -
WHEREAS, the City, through Article IV, Section 9 of its Charter and Section 2-568 of its
City Code, has in place comprehensive regulations which effectively address the ethical behavior
of its officials and employees, and which pre-date the adoption of Amendment 41; and
WHEREAS,said City Charter and Code provisions,as well as other provisions ofthe Charter
and City Code, specifically limit gifts to City officials and employees, create a board of ethics for
the review and investigation of actual and hypothetical situations involving potential conflicts of
interest by Councilmembers and members of City boards and commissions, provide for the ability
of City employees to obtain advice concerning ethical issues via consultation with City management
and the City Attorney's Office, and establish a penalty and enforcement process concerning the
ethical conduct of City officials and employees through prosecution in the Municipal Court; and
WHEREAS, the concerns addressed in Amendment 41 by its creation of an ethics
commission are addressed to the extent deemed necessary by the City through its creation of the
board of ethics described at Section 2-569 of the City Code,and by the ability of City employees to
obtain advice concerning ethical issues via consultation with City management and the City
Attorney's Office; and
WHEREAS,the concerns addressed in Amendment 41 by providing jurisdiction to the state
ethics commission over other standards of ethical conduct contained in state law are addressed
locally to the extent deemed necessary by the City by those state laws which provide for civil and
criminal enforcement and advisory opinions by the Secretary of State independent of the state ethics
commission, and by the penalties provided under the City Code for violation of similar standards of
ethical conduct contained in the City Charter and City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Council hereby finds and determines that the City's Charter and Code
adequately and appropriately address those matters covered by Amendment 41,that no further action
by the City Council is warranted or necessary in order to further the purposes of Amendment 41 or
address the matters contained therein, and that the requirements of Amendment 41 shall not be
applicable to the City of Fort Collins.
Passed and adopted at a regular meeting of the Council of e City of Fort Collins this 21 st
day of September A.D. 2010.
Mayor
ATTEST:
City-Clerk