HomeMy WebLinkAbout145 - 11/04/2014 - AMENDING SECTION 2-568(a) OF THE CITY CODE PERTAINING TO DEFINITIONS APPLICABLE TO ETHICAL RULES OF ORDINANCE NO . 1455 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-568 (a) OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO DEFINITIONS APPLICABLE TO ETHICAL RULES OF CONDUCT
WHEREAS, Section 2-568 (a) of the City Code currently defines a number of words and
terms as they are used in the ethical rules of conduct set out in Section 2-568 (c) and as they are
used in City Code Section 2-569, which establishes the Ethics Review Board (the "Review
Board") and sets out the procedures under which the Review Board operates; and
WHEREAS , after reviewing the definitions contained in Section 2-568 of the City Code,
the Review Board believes that several new definitions should be added to this Section to clarify
the meaning of "personal interest" as this term is used in Section 9(a) of Article IV of the City
Charter and in Section 2- 569 ; and
WHEREAS , the City Council therefore finds and intends that these new definitions be
applied to and used in Section 9 of Article IV of the City Charter to further the purposes of
Section 9 and to facilitate the enforcement of its provisions .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 2-568 (a) of the Code of the City of Fort Collins is hereby
amended to read as follows :
Sec. 2-568. Ethical rules of conduct.
(a) Definitions. The following words, terms and phrases, when used in this Section,
Section 2-569 and Section 9 of the Charter Article IV, shall have the following meanings :
Benefit shall mean an advantage or gain.
Board and commission member shall mean a member of any appointive board or
commission of the City .
Confidential information or information received in confidence shall mean :
a. Information contained in any writing that may properly be
withheld from public inspection under the provisions of the Colorado
Open Records Act and that is marked " confidential " when provided to the
officer or employee;
b . All information exchanged or discussed in any executive session
properly convened under § 2-31 or 2-71 of the Code, except to the extent
that such information is also contained in a public record available to the
general public under the provisions of the Colorado Open Records Act; or
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c. All communications between attorneys representing the City and
officers or employees of the City that are subject to the attorney-client
privilege, whether oral or written, unless the privilege has been waived.
Councilmember shall mean a member of the City Council.
Different in kind from that experienced by the general public shall mean of a
different type or nature not shared by the public generally and that is not merely
different in degree from that experienced by the public generally .
Direct shall mean resulting immediately and proximately from the circumstances
and not from an intervening cause .
Detriment shall mean disadvantage, injury, damage or loss .
Financial interest shall have the meaning given to this term in Section 9(a) of
Charter Article IV, which states :
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 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 shall mean any person holding a position by election,
appointment or employment in the service of the City, whether part-time or full-
time, including any member of the City Council and any member of any
authority, board, committee or commission of the City, other than an authority
that is :
a. Established under the provisions of the Colorado Revised Statutes ;
b . Governed by state statutory rules of ethical conduct; and
C . Expressly exempted from the provisions of Article IV of the City
Charter by ordinance of the City Council .
Personal interest shall have the meaning given to this term in Section 9(a) of the
Charter Article IV, which states :
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 nonprofit corporation or association or of an educational ,
religious , charitable, fraternal, or civic organization;
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(2) the interest that an officer, employee or relative has in the receipt
of public services when such services are 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 shall have the meaning given to this term in Section 9(a) of Charter
Article IV, which states :
Public body means the Council or any authority, board, committee ,
commission, service area, department or office of the city .
Public services shall mean city services provided to or made available for the
public ' s benefit.
Relative shall have the meaning given to this word in Section 9(a) of Charter
Article IV, which states :
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.
Similarly situated citizens shall mean citizens in like circumstances having
comparable legal rights and obligations.
Substantial shall mean more than nominal in value, degree, amount or extent.
Introduced, considered favorably on first reading , and ordered published this 21 st day of
October, A. D . 2014, and to be presented for final passage on the 4th day of November, A. D .
2014 ,
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Passed and adopted on final reading on the 4th day of November, A.D. 2014.
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