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HomeMy WebLinkAbout1981-074-05/05/1981-MAKING CERTAIN FINDINGS RELATING TO AN ALLEGATION OF FAILURE TO DISCLOSE CERTAIN INTERESTS BY MAYOR f L RESOLUTION 81-74 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN FINDINGS RELATING TO AN ALLEGATION OF FAILURE TO DISCLOSE CERTAIN INTERESTS BY MAYOR ELERY WILMARTH WHEREAS, on April 21, 1981, Councilmember Burton Kross filed with the City Council a report raising questions of City Code disclosure require- ments and other conflict of interest issues relative to Mayor Elery Wil- marth, and WHEREAS, the City Council , on April 28, 1981, retained Kay Norton as Special Counsel to review the report filed by Mr Kross, the response to the report filed by Mr Wilmarth on April 28, 1981, which includes an amended disclosure statement, and other relevant information and documents for the purpose of advising the City Council whether any actions of Mr Wilmarth, referenced in Mr Kross' report, constituted a violation of City Code or Charter or of any applicable state statute, and WHEREAS, the City Council has received the written report of Special Counsel and reviewed the same, and furtner, has conducted a public hearing on the issue at which the Council has received and considered comments from the public and Special Counsel NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following constitutes the findings of the City Council relative to the issues heretofore raised as recited above Section 1 The City Council finds that Mr Wilmarth did not disclose certain interests as required by §8-1 of the Code of the City of Fort Collins, specifically as follows §8-1B(5) requires disclosure of the name of each creditor to whom tiie person making a dis- closure owes money in excess of Ten Thousand Dollars ($10,000 00) The Council finds that Choice Care, Inc , at the time of filing of Mr Wilmarth ' s first three disclosure statements with the City, was a creditor to whom Mr Wilmarth ovied in excess of $10,000 00 Section 2 Nothwithstanding the above-referenced nondisclosure, the City Council finds no evidence of "willful " failure to disclose by Mr Wilmarth a §8-1F of the Code of the City of Fort Collins provides that anyone who willfully files a false or incomplete disclosure statement shall be guilty of a violation of the City's ordinance, punishable as a misdemeanor b The City Council finds nothing in Mr Wilmarth's actions to indicate that the failure to disclose was "willful " c Unless the failure was "willful ", the violation is not punishable as a misdemeanor offense Section 3 The City Council does not find any probable viola- tion of City Code, Charter, or State Statutes by Mr Wilmarth relative to any questions raised by Mr Kross Passed and adopted at a regular meeting of the City Council held this 5th day of May, A D 1981 C� Ass1stant ayor ATTEST 4 ua_�_�L. �� City Clerk -2-