HomeMy WebLinkAbout1981-074-05/05/1981-MAKING CERTAIN FINDINGS RELATING TO AN ALLEGATION OF FAILURE TO DISCLOSE CERTAIN INTERESTS BY MAYOR f
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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
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