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HomeMy WebLinkAboutAgenda - Full - Ethics Review Board - 06/02/2025 - Agenda Ethics Review Board June 2, 2025, 3:30 pm to 5:00 pm CIC Conference Room, City Hall, 300 Laporte Ave and via Microsoft Teams Join the meeting now Meeting ID: 298 749 105 116 Passcode: fV9nu9gi Remote Participation Available Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day before. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. A. Call to Order B. Roll Call C. Approval of May 5, 2025, Minutes D. Gift Reporting E. Financial Disclosures F. If Time Permits, Review and Comment on Draft Gift Restrictions Code Amendment, Provided for Discussion Purposes Only G. Adjournment 001 May 5, 2025, 3:30 pm ETHICS REVIEW BOARD MEETING MINUTES COMMITTEE MEMBERS PRESENT: Mayor Jeni Arndt, Councilmember Julie Pignataro, Councilmember Tricia Canonico STAFF PRESENT: Rupa Venkatesh, Sarah Kane, Briana McCarten OTHER PRESENT: Halee Wahl A. Call Meeting to Order B. Roll Call C. Approval of April 7, 2025, Minutes Councilmember Pignataro moved, seconded by Mayor Arndt, to approve the April 7, 2025, minutes. The motion passed unanimously. D. Gift and favors Restrictions Jenny Lopez Filkins reviewed the Ethics Review Board’s (ERB) desire to discuss gifts and favors restrictions in the Code that applies to elected officials and employees. • Value Restrictions Lopez Filkins explained that the current City code does not provide for a value restriction and provided examples of other Colorado cities’ code provisions and other states’ statutes around gifts and favors restrictions. Some Colorado cities do not have a value restriction, some provide a dollar limit, some follow the Colorado constitution. Arndt clarified that no gift of any value is allowed under the current code. Lopez Filkins discussed that the City’s current code requires an official or employee to decide if a gift would impair their judgment. Some entities allow gifts under a certain dollar limit. Lopez Filkins asked if the ERB desires to use the examples as a model for changes to City code. The ERB clarified with the CAO that they would like to have a conversation about the topics for discussion rather than hear the CAO’s presentation and then ask for feedback. Pignataro asked what the CAO sees as the problem that these discussions and potential code changes address. Councilmember Canonico expressed their opinion that there is a lack of clarity and predictability around these topics and suggested an update to the code that allows for a dollar limit that adjusts with inflation. Arndt expressed frustration with the current practice of reporting every small value item received and the interpretation that an official may not accept items given to all attendees at an event. City Attorney Daggett explained that there is a conflict between the City’s gift restriction and reporting requirements in that there is a restriction on any gifts but that any gift of significant value 002 must be reported. Arndt stated that the contradiction should be clarified. Lopez Filkins stated that staff has the same concerns. Pignataro brought up that a member of the public can always utilize the ethics complaint process if they ever question an official’s actions around the receipt of gifts. Arndt and Daggett discussed that an official may also ask the ERB for an advisory opinion. Lopez Filkins reiterated that the City Council has a desire to enact a value restriction on gifts. Lopez Filkins gave an overview of several other Colorado cities’ codes. Lopez Filkins highlighted the City of Colorado Springs’s code exception for event tickets that are documented. Lopez Filkins clarified for Pignataro that “documented” means anything reported on disclosures. Arndt asked if the CAO found any of the cities’ examples particularly reasonable. Lopez Filkins stated her opinion that Colorado Springs has a well written and reasonable code. Daggett pointed out that Colorado Springs’s code specifies that a ticket given to an official’s guest is a gift. Arndt clarified that a ticket to an event given to an official for the purpose of the official to act in their official capacity means an event that the official wouldn’t otherwise attend. Lopez Filkins highlighted Colorado Springs’s provision around tickets or gifts given to the City. ERB and CAO discussed that Colorado Springs relies on Colorado’s gift restriction statute and automatically adjusts for inflation every four years. Lopez Filkins asked for the ERB’s opinion on value restrictions. Pignataro stated they liked the idea of relying on the Colorado constitution. Lopez Filkins moved on to discuss prohibited gifts and whether the ERB would like to enact a dollar threshold or specifically prohibit gifts from a donor who has a decision pending before the Council. Arndt and Pignataro discussed certain scenarios in which a prohibition on gifts from a donor who has a decision pending before Council and suggested that a code provision to this effect would be helpful. Additional Exceptions Lopez Filkins highlighted subsections of Colorado Springs’s gift restriction code that provide exceptions to its gift restrictions. Lopez and Arndt discussed a situation in which an official or employee wins a drawing at a conference. Canonico expressed a desire to allow employees to accept a prize. Daggett highlighted Colorado Springs’s provision about allowing the acceptance of the cost of attending a conference and suggested it would be helpful in the City’s code. Arndt expressed that they liked that provision. Canonico stated that a scenario in which the cost for officials and employees to spend the night in another city while visiting to observe that city and its council should fall into this category. ERB stated that they did not have concerns about any of the other provisions in Colorado Springs’s code. 003 Additional Restrictions Lopez Filkins provided some examples of restrictions that appear frequently in other cities’ codes that do not appear in the City’s gift restriction code. ERB discussed scenarios that could fall into those categories. Definitions Lopez Filkins suggested that the City code would not need to expand its definition if the City decides to adopt a provision that specifically addresses gifts given to the City that will be distributed to officials or employees. Daggett clarified that the purpose of this discussion topic is to differentiate between gifts given to the City for the purpose of distributing to an official or employee versus gifts given to the City that will not be distributed. Pignataro expressed concern that for the City to accept event tickets and then distribute to officials or employees is a workaround to the gift restriction rules. Lopez Filkins described that the subsections of Colorado Springs’s code that address gifts given to the city that are meant to become property of the city would address the workaround described by Pignataro. Daggett agreed. Arndt and Canonico expressed that they liked the process of distributing event tickets given to the City. Role of City Councilmembers of In Official Capacity Lopez Filkins suggested that it would be helpful to add language to the code that clarifies when a councilmember is acting in their official role when attending an event. Arndt highlighted that Colorado Springs’s code and Colorado’s statute specifies that an official is attending an event in their official capacity when they are listed on the event program with their official title. ERB discussed when a councilmember is acting as a councilmember versus when they are acting as a political candidate. E. Other Business Daggett asked to confirm that the August 4 meeting is scheduled. Lopez Filkins stated that the CAO intended to have code language around gift restrictions prepared to present at the June 2 meeting. Arndt clarified that they would like to discuss the proposed code language as well as gift reporting at the June meeting. F. Adjournment The meeting adjourned by unanimous consent at 4:21 p.m. Minutes approved by the Chair and a vote of the Board on June 2, 2025. 004 City Council ERB Agenda Item Summary – City of Fort Collins Page 1 of 3 Agenda Item 1 June 2, 2025 AGENDA ITEM SUMMARY City Council – Ethics Review Board Carrie Daggett, City Attorney SUBJECT he City’s current gift reporting requirements. EXECUTIVE SUMMARY review the City’s current gift reporting requirements that apply to City , the City Manager and the City Attorney. City Code §2-656 contains the requirements. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION Under “other business” at its January 21, 2025, City Council meeting, several members of the Council City Council asked the Ethics Review Board (ERB) to review the City’s requirements related to the acceptance of gifts, gift disclosures, and financial disclosures and consider recommended changes. At its May 5, 2025, meeting, the ERB decided to review the rules related to gift reporting and determine whether to make any recommended changes at its June 2, 2025, meeting. A copy of §2-656, the City Code section that addresses gift reporting requirements, is marked as Exhibit A, attached for reference. The focus of this discussion is on gift reporting requirements. As a reminder, the following is a list of gift restrictions and exceptions for which ERB members voiced support during the May 5, 2025, ERB meeting: Continue to prohibit: • Gifts from a donor who has a matter pending before City Council. • Payment for speeches, debates, or other public events. Allow the following gifts that are currently not addressed in the Fort Collins Municipal Code: • Unsolicited items of value less than the dollar amount established and adjusted per the Colorado Constitution per vendor per year. As of January 1, 2025, that amount is $75. • Financial aid, scholarship or grant for education given to the covered person or immediate family member. • Ticket or admission to charity event attended on behalf of the City. • Awards or prizes given at competitions or drawings open to public. • Reasonable cost for conferences, seminars, events, or meetings directly related to official role if documented and: 005 City Council ERB Agenda Item Summary – City of Fort Collins Page 2 of 3 o The cost the paid pursuant to a vendor agreement; or o The cost is paid by a governmental entity or a 501(c)(3); or o The officer has been asked by the CMO to attend the event on City’s behalf. • Cost of City-sponsored educational events • Perishable or consumable gifts given to the City or group. • Gifts accepted in a person’s official capacity that will become property of the City. • Reasonable cost of meals and tickets if it does not affect a direct official action and if documented. • Discounts that are available to all employees or the public generally. • Exceptions approved by the ERB. Many Colorado home rule cities’ gift reporting requirements are like the City of Fort Collins gift reporting requirements or are silent on the topic. The Colorado Sunshine Law identifies gift reporting requirements that apply to cities that are not home rule and cities that have no gift reporting requirements in municipal code. A copy of Colorado Revised Statutes §24-6-203 is marked as Exhibit B, attached for reference. A comparison chart of the Aurora, Denver, Colorado Springs, Boulder and Broomfield requirements is marked Exhibit C, attached for reference. Also attached are the gift reporting requirement ordinances of Aurora and Denver, marked as Exhibit D. Currently, the Fort Collins Municipal Code provision about gift reporting requires quarterly reporting of “gifts,” references state law (Colorado Revised Statutes §24-6-203), and does not contain any specific exceptions. The City of Denver requires semi-annual rather than quarterly reporting. Denver and Aurora require reporting specifically for the following types of gifts: 1) Value of meals, tickets to events for which admission is charged if attendance is reasonably related to official or ceremonial duties of officer; 2) Tickets or free admission to charitable event if ticket or free admission is offered directly by and at the expense of the charitable, other non-profit-entity hosting the event and not directly or indirectly offered by any sponsor of the event or other donor to which the gift restrictions apply; 3) Reasonable expenses paid by non-profit organizations or other governments for attendance at a convention, fact finding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate on a panel or represent the city in an official capacity, reasonably related to the recipient’s service to the city; 4) Gifts to commemorate a public event in which the official participated in an official capacity, if the gift is appropriate to the occasion; 5) Memberships and passes to city recreational and cultural facilities. Colorado Springs, Boulder and Broomfield municipal codes do not include gift reporting requirements, which means Colorado Revised Statutes §24-6-203 applies. Questions for ERB: 1) Is there any interest in changing the frequency of gift reporting obligations? 2) Is there any interest in specifically codifying gifts that must be reported (like Aurora and Denver) rather than referring to state law? CITY FINANCIAL IMPACTS Not applicable. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. 006 City Council ERB Agenda Item Summary – City of Fort Collins Page 3 of 3 PUBLIC OUTREACH Not applicable. ATTACHMENTS A. City Code §2-656 B. Colorado Revised Statutes §24-6-203 C. Comparison chart of other Colorado cities’ codes and corresponding code sections D. Denver and Aurora gift reporting ordinances E. Copy of the PowerPoint presentation F. Council Gifts and Favors FAQ 007 Sec. 2-656. Report required. Every Councilmember who receives from any other person any gifts, honoraria or other benefits in connection with the Councilmember's public service shall file, on or before January 15, April 15, July 15 and October 15 of each year, a report covering the period since the last report as required by Section 24-6-203, C.R.S. (Ord. No. 175, 2000, § 1, 12-19-00; Ord. No. 003, 2007, 2-6-07) AIS 1 - Gift Reporting Exhibit A 008 § 24-6-203. Reporting by incumbents and elected..., CO ST § 24-6-203 © 2025 Thomson Reuters. No claim to original U.S. Government Works.1 West's Colorado Revised Statutes Annotated Title 24. Government--State Administration Article 6. Colorado Sunshine Law (Refs & Annos) Part 2. Public Official Disclosure Law (Refs & Annos) C.R.S.A. § 24-6-203 § 24-6-203. Reporting by incumbents and elected candidates--gifts, honoraria, and other benefits--prohibition on monetary gifts--penalty--definitions Currentness (1)(a) As used in this section, the terms “appropriate officer” and “candidate” shall have the meanings ascribed to them in section 1-45-103, C.R.S., of the “Fair Campaign Practices Act”. (b)(I) As used in this section, the term “public office” means any office voted for in this state at any election. “Public office” includes, without limitation, the governor, lieutenant governor, secretary of state, attorney general, and state treasurer; a member of the general assembly or the state board of education; a regent of the university of Colorado; a judge on the Colorado court of appeals or the Colorado supreme court; a district attorney; or an officer of a county, municipality, city and county, school district, or any elective office within a special district for which the annual compensation exceeds two thousand four hundred dollars. (II) “Public office” does not include: (A) The office of president or vice president of the United States; (B) The office of senator or representative in the congress of the United States; (C) Any office in a political party chosen pursuant to sections 1-3-103, 1-4-403, and 1-4-701, C.R.S.; or (D) Any political party office in an assembly or convention, including delegates thereto. (E) Repealed by Laws 2012, Ch. 167, § 1, eff. Aug. 8, 2012. (III) Repealed by Laws 2012, Ch. 167, § 1, eff. Aug. 8, 2012. (c) As used in this section, “covered state office” means the governor, lieutenant governor, secretary of state, attorney general, state treasurer, a member of the state board of education, a regent of the university of Colorado, a member of the general assembly, or a district attorney. AIS 1 - Gift Reporting Exhibit B 009 § 24-6-203. Reporting by incumbents and elected..., CO ST § 24-6-203 © 2025 Thomson Reuters. No claim to original U.S. Government Works.2 (2) Every incumbent in or candidate elected to public office who receives from any other person any item described in subsection (3) of this section in connection with the incumbent's or elected candidate's public service shall file with the appropriate officer, on or before January 15, April 15, July 15, and October 15 of each year, a report covering the period since the last report. The requirement of this subsection (2) pertaining to the report due January 15 shall extend to an incumbent leaving public office between October 15 and January 15, who shall file with the appropriate officer by January 15 a report that covers any items received during the period since the last report. Such report shall be on forms prescribed by the secretary of state and shall contain, at a minimum, the name of the person from whom the item was received and the amount or value and the date of receipt. The secretary of state shall furnish such forms to municipal clerks, to county clerk and recorders, and to incumbents and elected candidates for state offices and district offices of districts greater than a county free of charge for use by incumbents and elected candidates required to file such forms. If any incumbent in or candidate elected to public office does not receive any such item, he or she shall not be required to file such report. (3) The reports required by subsection (2) of this section shall include the following: (a) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office and subject to the requirements of subsection (3.5) of this section, any money, including but not limited to a loan, pledge, or advance of money or a guarantee of a loan of money, or any forbearance or forgiveness of indebtedness from any person, with a value greater than fifty-three dollars; (b) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office and subject to the requirements of subsection (3.5) of this section, any gift of any item of real or personal property, other than money, with a value greater than fifty-three dollars; (c) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office, any loan of any item of real or personal property, other than money, if the value of the loan is greater than fifty-three dollars. For such purpose, the “value of the loan” means the cost saved or avoided by the elected candidate by not borrowing, leasing, or purchasing comparable property from a source available to the general public. (d) Any payment for a speech, appearance, or publication; (e) In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office, tickets to sporting, recreational, educational, or cultural events with a value greater than fifty-three dollars for any single event; (f) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate who has been sworn into public office is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, unless the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held;AIS 1 - Gift Reporting Exhibit B 010 § 24-6-203. Reporting by incumbents and elected..., CO ST § 24-6-203 © 2025 Thomson Reuters. No claim to original U.S. Government Works.3 (g) Subject to the provisions of section 3 of article XXIX of the state constitution, any gift of a meal to a fund- raising event of a political party; (h) Payment of or reimbursement for actual and necessary expenses for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that is from an organization declared to be a joint governmental agency by section 2-3-311, C.R.S. (3.5)(a) Each incumbent in or candidate elected to covered state office is prohibited from knowingly receiving or accepting from any other person, in connection with the public service of the incumbent or elected candidate: (I) A gift of any money, including but not limited to a loan, pledge, or advance of money, a guarantee of a loan of money, or any monetary payment given, directly or indirectly, for the purpose of defraying any expenses related to the official duties undertaken by the incumbent or elected candidate; or (II) An in-kind gift. (b) Nothing in paragraph (a) of this subsection (3.5) shall be construed to prohibit an incumbent or elected candidate from receiving a salary or other compensation paid to the incumbent or elected candidate in connection with the performance of his or her official duties, including, without limitation, payment for a speech, appearance, or publication or payment of or reimbursement for actual and necessary expenditures for travel and lodging to the extent the incumbent or elected candidate who has been sworn into covered state office is permitted to accept or receive such items in accordance with the provisions of section 3 of article XXIX of the state constitution. (c) For purposes of this subsection (3.5), an “in-kind gift” means any gift of equipment, goods, supplies, property, services, or anything else, the value of which exceeds fifty dollars in the aggregate in any one calendar year, given, directly or indirectly, to an incumbent in or candidate elected to covered state office for the purpose of defraying any expenses related to the official duties undertaken by the incumbent or elected candidate. (3.7) Notwithstanding any other provision of this section, no incumbent in or candidate elected to covered state office shall accept a gift of any money from any person who is a professional or volunteer lobbyist or from a corporation or labor organization. (4) The reports required by subsection (2) of this section need not include the following: (a) A contribution or contribution in kind that has already been reported pursuant to section 1-45-108, C.R.S.; (b) Any unsolicited item of trivial value as described in section 3(3)(b) of article XXIX of the state constitution; (c) An unsolicited token or award of appreciation as described in section 3(3)(c) of article XXIX of the state constitution;AIS 1 - Gift Reporting Exhibit B 011 § 24-6-203. Reporting by incumbents and elected..., CO ST § 24-6-203 © 2025 Thomson Reuters. No claim to original U.S. Government Works.4 (d) Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, if the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held; (e) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office; (f) Except as otherwise described in this subsection (4), any other gift or thing of value an incumbent or elected candidate who has been sworn into public office is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution. (5) Any person who provides an incumbent or elected candidate with any item required to be reported by the incumbent or elected candidate pursuant to this section shall, at the time the item is provided, furnish the recipient with a written statement of the dollar value of the item. (6) Nothing contained in this section shall relieve any person from the disclosure requirements of part 3 of article 6 of this title, relating to the regulation of lobbyists. (7) Any person who willfully files a false or incomplete report pursuant to this section, who willfully fails to file a report required by this section, who willfully fails to provide the statement of value required by subsection (5) of this section, or who violates any provision of subsection (3.5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars. (8) The amount of the gift limit specified in subsection (3) of this section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3(6) of article XXIX. Credits Added by Laws 1994, H.B.94-1341, § 3, eff. Jan. 1, 1995. Amended by Laws 1998, Ch. 226, § 34, eff. Aug. 5, 1998; Laws 1998, Ch. 252, §§ 5, 6, eff. May 27, 1998; Laws 2006, Ch. 363, §§ 1, 2, eff. July 1, 2006; Laws 2010, Ch. 184, § 3, eff. Aug. 11, 2010; Laws 2012, Ch. 167, § 1, eff. Aug. 8, 2012; Laws 2017, Ch. 364, § 3, eff. Aug. 9, 2017. Notes of Decisions (1) C. R. S. A. § 24-6-203, CO ST § 24-6-203 AIS 1 - Gift Reporting Exhibit B 012 § 24-6-203. Reporting by incumbents and elected..., CO ST § 24-6-203 © 2025 Thomson Reuters. No claim to original U.S. Government Works.5 Current through legislation effective March 24, 2025 of the First Regular Session, 75th General Assembly (2025). Some statute sections may be more current. See credits for details. End of Document © 2025 Thomson Reuters. No claim to original U.S. Government Works. AIS 1 - Gift Reporting Exhibit B 013 City of FC Colorado Aurora Denver Colorado Springs Boulder Broomfield Any gifts, honoraria or other benefits received in connection with public speech, appearance, or publication. and the source of any gifts which were accepted and received by the officer during the reporting period source of any gifts which were accepted and received by the officer during the reporting period state law applies) state law applies) law applies) reimbursement for expenses for travel and lodging for attendance at a convention, fact-finding mission, or other meeting – as permitted in Amendment 41 - unless payment is made from local government funds or membership events for which admission is charged, or free or reduced-price admission to events for which a fee is charged, under $300 in value adjusted by CPI every four years; attendance must be reasonably related to official or ceremonial duties of officer. reduced-price admissions accepted from the same donor in any calendar year under $300 in value; attendance must be reasonably related to official duties of officer. regardless of annual cap, to a charitable event if the ticket or free admission is offered directly by and at the expense of the charitable, other non-profit entity hosting the event and not directly or indirectly offered by any sponsor of the event or other donor to which the gift regardless of annual cap, to a charitable event if the ticket or free admission is offered directly by and at the expense of the charitable, other non-profit or governmental entity hosting the event and not directly or indirectly offered by any sponsor of the event or other donor to which the gift restrictions apply. AIS 1 - Gift Reporting Exhibit C 014 Meal to a fund-raising event of a political party. profit organizations or other governments for attendance at a convention, factfinding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate on a panel, or represent the City in an official capacity reasonably related to the recipient's employment by organizations or other governments for attendance at a convention, factfinding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate on a panel, or represent the city in an official capacity reasonably related to the recipient's employment by the city. reimbursement for expenses for travel and lodging for attendance at a convention, fact-finding mission, or other meeting that is from a joint governmental recreational and cultural facilities. which the officer, official, or employee participated in an official capacity, provided that the gift is appropriate to the occasion. Such occasions include ground breaking ceremonies and grand openings Art Museum, Denver Botanic Gardens, Denver Museum of Nature and Science, AIS 1 - Gift Reporting Exhibit C 015 AURORA Sec. 1-62. Quarterly gift disclosure statement. (a) Every elected official shall file a gift disclosure statement with the city clerk, on or before January 15, April 15, July 15, and October 15 of each year. Each statement shall cover the period since the last statement, and shall be filed on forms furnished by the city clerk. The report shall include the identification, estimated value, and the source of any gifts which may be accepted under subsections 1-43(d)(4), (d)(7), and (d)(10) that are received by the elected official during the reporting period. Elected officials are required to report gifts from persons pursuing business with the City or with whom the city has an existing, ongoing, or pending contract, business, or regulatory relationship and over whom the elected official may take official action as defined in section 1-38(6). (b) All gift disclosure statements filed pursuant to this section shall be public records. The city clerk will make the completed statements available to the public online within a reasonable time after the date of receipt of the completed statements. (Ord. No. 2019-51, § 2, 8-19-2019) 016 DENVER Sec. 2-72. Annual financial disclosure statement and semi-annual gift disclosure statement. (a) Form of statement; duty of clerk. The clerk shall prepare forms for reports required by this article and furnish the forms free of charge for use by officers who are required by this article to make reports. The report forms will not include any requirement to disclose sensitive personally identifying information, such as social security numbers or bank account numbers. (b) Annual financial disclosure statement required. Officers shall file their annual financial report for calendar year 2016 no later than January 31, 2017, under the reporting requirements in effect during 2016. Beginning in 2018, every officer as defined in section 2-71(4) shall file a financial disclosure statement with the clerk no later than January 31 of each year. The report shall cover the period from January 1 to December 31 of the prior year. (c) Semi-annual gift disclosure statement required. Beginning on July 31, 2017, every officer as defined in section 2-71(4) shall file a gift disclosure with the clerk on or before January 31 and July 31 of each year. The January 31 report shall cover the period from July 1 to December 31 and the July 31 report shall cover the period from January 1 to June 30. The report shall include the identification, estimated value, and the source of any gifts which were accepted under sections 2-60(b)(4), (7), (9) and (10) received by the officer during the reporting period. Officers are required to report gifts from persons pursuing business with the city or with whom the city has an existing, ongoing, or pending contract, business, or regulatory relationship and over whom the officer may take direct official action as defined in section 2-52(b). (d) Information required in financial disclosure statement. The financial disclosure statement required of officers shall contain the following information for the reporting year (excluding the actual dollar amounts): (1) The name of each business in which the officer and/or that officer's spouse owned any securities or other financial interest in excess of one (1) percent or five thousand dollars ($5,000.00), and the name of the person holding the financial interest; (2) The names of any sources of income received by the officer, including capital gains, whether or not taxable, which exceeded two thousand dollars ($2,000.00); provided, that the amounts of such incomes need not be disclosed; (3) The names of all persons or employers, other than the city, for whom the officer performed compensated lobbying; (4) The names of the creator, beneficiaries or ownership of any private trust for the benefit of the officer and a description of the assets held by the trust when the value exceeds five thousand dollars ($5,000.00); (5) A listing of all real property or interest therein owned by the officer at any time during the reporting year, including options to purchase, located in the state, 017 together with the location and name, if any, by which such property is commonly known, whether the real property was owned outright or held in whole or in part under a corporation or partnership; except that, home addresses of the officer or family immediate members need not be listed; (6) The transfer by the officer of any assets with a value in excess of five thousand dollars ($5,000.00) to an immediate family member during the reporting year or during the previous two (2) years; (7) The name of each creditor owed an amount in excess of five thousand dollars ($5,000.00); and (8) The names of any current employer and any employer for whom the officer worked during the period from July 1 of the year prior to the calendar year through December 31 of the reporting year. (e) Disclosure with respect to immediate family members. The officer shall also disclose the information described in subsection (d) for any financial interest of an immediate family member which is held jointly, derived from the income or assets of the officer, or may be materially affected by a direct official action of the officer as defined in section 2-52(b) DRMC; and shall list the name of the person holding the financial interest. (f) Public records. Financial disclosure statements filed pursuant to section 2-72(b) and gift disclosure statements filed pursuant to section 2-72(c) shall be public records. The city clerk will make the completed statements available to the public on line within a reasonable time, not to exceed seven (7) business days after the date of receipt of the completed statements. (Code 1950, § 115.3; Ord. No. 846-94, § 1, 10-24-94; Ord. No. 456-95, § 1, 6-26-95; Ord. No. 1098-02, § 1, 12-30-02; Ord. No. 113-09, § 3, 2-23-09; Ord. No. 919-16, § 1, 1-9-17; Ord. No. 1202-16, § 12, 3-6-17; Ord. No. 794-17, § 1, 8-21-17; Ord. No. 614-18, § 3, 7- 9-18) 018 Headline Copy Goes Here Carrie Daggett City Attorney’s Office Gift Reporting and Financial Disclosure Requirements 06-02-2025 019 Headline Copy Goes Here 2 Council Priority to Review and Update Ethics Code • At its January 21, 2025, meeting, City Council asked the Ethics Review Board to review the City’s requirements around the acceptance of gifts, gift disclosures, and financial disclosures and consider recommended changes. • At its May 5, 2025, meeting, the ERB decided to review the rules related to gift reporting and financial disclosure requirements at its next meeting. 020 Headline Copy Goes Here 3 Topics for Discussion A.Gift Reporting Requirements B.Financial Disclosure Requirements C.Draft Gift Restrictions (if time permits) 021 Headline Copy Goes HereGift Reporting 4 Gift Reporting Discussion 022 Headline Copy Goes Here 5 Reminder: Revised Gift Restrictions Exceptions •Unsolicited items of value less than the dollar amount established and adjusted per the Colorado Constitution per vendor per year. As of January 1, 2025, that amount is $75. •Financial aid, scholarship or grant for education given to the covered person or immediate family member. •Ticket or admission to charity event attended on behalf of the City. •Awards or prizes given at competitions or drawings open to public. •Reasonable cost for conferences, seminars, events, or meetings if attended on behalf of the City and documented and: o The cost the paid pursuant to a vendor agreement; or o The cost is paid by a governmental entity or a 501(c)(3); or o The officer has been asked by the CMO to attend the event on City’s behalf. •Cost of City-sponsored educational events •Perishable or consumable gifts given to the City or a City group. •Gifts accepted in a person’s official capacity that will become property of the City. •Reasonable cost of meals and tickets if it does not affect a direct official action and if documented. •Discounts that are available to all employees or the public generally. •Exceptions approved by the ERB. 023 Headline Copy Goes Here 6 Gift Reporting Home Rule Cities •Most point to state law or •Remain silent (Colorado Springs and Boulder) •Except Aurora and Denver 024 Headline Copy Goes Here 7 Gift Reporting New gift restriction exceptions discussed: •Refer to specific, adjusted dollar amount ($75 now) •Financial aid, scholarship, grant for education •Ticket or admission to charity event attended on behalf of the City •Awards or prizes given at competitions or drawings open to public •Reasonable cost for conferences, seminars, events or meetings if documented, attended on behalf of the City and under circumstances currently not addressed in Fort Collins Municipal Code 025 Headline Copy Goes Here 8 Gift Reporting New gift restriction exceptions discussed: •Cost of City-sponsored educational events •Perishable or consumable gifts given to the City or a City group •Gifts accepted in a person’s official capacity that will become City property •Reasonable cost of meals and tickets if it does not affect a direct official action and if documented •Discounts available to all employees or public generally 026 Headline Copy Goes Here 9 Gift Reporting Colorado Sunshine Law CRS Section 24-6-203—Requires disclosure of: • Any payment for speech, appearance or publication; • Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at convention, fact-finding mission or trip or other meeting that public officer is permitted to accept or receive in accordance with section 3 of Article XXIX of state constitution unless paid by local or state public funds; • Any gift of a meal to a fund-raising event of a political party. 027 Headline Copy Goes Here 10 Gift Reporting Question for ERB: Any interest in changing the frequency of gift reporting obligations? Denver requires gift reporting semi-annually. 028 Headline Copy Goes HereGift Reporting 11 Denver and Aurora gift reporting required for following types of gifts: 1) Donations of meals, tickets to events for which admission is charged if certain conditions met, including attendance reasonably related to official or ceremonial duties of the officer; 2)Tickets or free admission to charitable event if certain conditions met; 3) Reasonable expenses paid by non-profit organizations or other governments for attendance at a convention, fact finding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate on a panel or represent the city in an official capacity, reasonably related to the recipient’s service to the city; 4)Gifts to commemorate a public event in which the official participated in an official capacity, if the gift is appropriate to the occasion; 5) Memberships and passes to city recreational and cultural facilities. 029 Headline Copy Goes HereGift Reporting 12 Colorado Springs, Boulder and Broomfield municipal codes are silent on gift reporting obligations. CRS §24-6-203 (Colorado Sunshine Law) applies. 030 Headline Copy Goes HereGift Reporting 13 Question for ERB: Any interest in specifically identifying gifts that must be reported (like Aurora and Denver) rather than referring to state law? 031 Headline Copy Goes HereFinancial Disclosures 14 Financial Disclosures Discussion 032 Headline Copy Goes HereFinancial Disclosures 15 •PDF of Colorado municipalities’ financial disclosure requirements included in packet materials •List of types of financial disclosure requirements in Colorado is included in packet materials 033 Headline Copy Goes HereFinancial Disclosures – Commonly Included Requirements 16 A. Sources of income— •Of reporting person and spouse? •Include minor children? •Include losses? Include capital gains? •Add a threshold amount? ($1K per source per year or $2K but need not disclose amount) •Add that applies only when candidate or officer is in position to take direct official action with the source entity or city has exiting contractual or regulatory relationship with city? (Aurora) 034 Headline Copy Goes HereB. Financial Disclosures – Commonly Included Requirements 17 B. Legal description of any interest in real property— •Add a geographical limit? (Within certain number of miles of GMA? Perimeter of city limits? Within planning jurisdiction?) •With a certain minimum market value? •Apply to property of reporting person’s spouse and minor children? •Include an option to buy? •Include person’s personal residence? 035 Headline Copy Goes HereFinancial Disclosures – Commonly Included Requirements 18 C. Name and nature of businesses— •Add a geographical limit? (doing business in the state? in the county? in the city?) •Apply to direct or indirect investment or interest, including stock investment, apply to commercial venture, real property or trust doing business in specific geographical area? (Colorado Springs) •Limit to above a certain dollar threshold? (City’s is currently financial interest in business interest more than $10K) 036 Headline Copy Goes HereFinancial Disclosures – Commonly Included Requirements 19 D. Name of each creditor— •Add application to minor children? •Reduce amount of credit owed when obligation to report applies? (Denver $5K, Colorado and Loveland $1K, Fort Collins currently is $10K) •Add requirement to report interest rate and highest amount owed for the calendar year? (Colorado) 037 Headline Copy Goes HereFinancial Disclosures – Commonly Included Requirements 20 E. Insurance policy or trust in which there is financial interest— •Colorado and Aurora require disclosure of insurance policy or trust in which there is a financial interest •Add similar requirement to City Code? •Aurora – trust or policy owned or created and endowed by a third person other than the reporting person or their spouse •Aurora and Colorado have a value threshold 038 Headline Copy Goes HereFinancial Disclosures – Uncommon Requirements 21 F through L. Add uncommon requirements from other entities? •Names of persons or entities for whom the person performed compensated lobbying •Mineral rights leases if value exceeds threshold amount •Transfer of assets by reporting person of any assets with a value exceeding $5,000 to immediate family member during reporting year or previous two years (Denver) 039 Headline Copy Goes HereFinancial Disclosures – Uncommon Requirements 22 F through L. Add uncommon requirements from other entities? •Names of any current employer and any employer for whom person worked during the reporting period (Denver) •Any gifts permissible by code •Require members of planning and zoning commission and board of adjustments and appeals to also file financial disclosures (Arvada and Aurora) •Anything else deemed necessary (Colorado) 040 Headline Copy Goes HereFinancial Disclosures – Commonly Included Requirements 23 Question for ERB— Is there any interest in adding, amending or deleting a type or types of financial disclosures not currently included in City Code? 041 Headline Copy Goes HereGift Restrictions 24 Gift Restrictions Discussion (if time allows) 042 Headline Copy Goes HereDraft Gift Restriction Code Changes 25 •Draft prepared for discussion purposes only •Reactions or questions? 043 Headline Copy Goes Here 044 No No No Yes No No No COUNCIL GIFTS AND FAVORS FAQ When someone offers you anything of value (e.g., ticket to event, promotional hat or t-shirt, plant, gift card, etc.), you should evaluate if you are permitted to accept it. Any gifts you accept, you must report regardless of the monetary value. Tickets and items you receive directly from the City generally will not be gifts subject to reporting requirements. Was the item or ticket/admission provided to you by the City (including the various City departments) for you to attend so as to carry out your role as a Councilmember on behalf of the City? It is not a gift to you and you do not have to report.Yes Was the ticket admission given to you because you were invited to speak or be a part of the program?Yes It is not a gift to you and you do not have to report. Was the item a gift received by the City from a third party and provided to you by the City? In practice, this would likely mean the ticket/gift was treated as a gift to the City and coordinated through the City Manager’s Office. Yes It is not a gift to you and you do not have to report. Did a non-profit or external entity offer the gift/ticket to you in express thanks for a City Council vote or action?Yes Please do not accept the gift as this is inappropriate and may be illegal depending on the circumstances. The City Manager’s Office & CityGive can help with a polite decline on your behalf. Did the non-profit or external entity provide a ticket to or for your guest/spouse?Yes Evaluate its value and confirm it does not violate the gift restrictions. If you choose to accept it, you must report it. Did the non-profit or external entity provide you with flowers, food, swag or a clothing item that is not significant in value in appreciation for your service on Council? You may accept the items since they are perishable or insignificant in value. The gift reporting requirement does not state a minimum threshold for reporting, so it may be appropriate to report these items as gifts. Please note that gifts for attending an event or speaking would be considered an honorarium and would be prohibited, so how the entity characterizes the gift is important. Yes Did the non-profit or external entity offer you a monetary gift for speaking at their event?Yes Please do not accept it as this is prohibited as an honorarium. The City Manager’s Office & CityGive can help with a polite return of the money on your behalf. Is the monetary value of the gift significant? City Code does not include a numerical value of significance. As a point of comparison, the current State limit on gifts is $75. No You can accept it. As a gift to you (rather than a covered expense), you do need to report it regardless of the dollar value. •City Code Section 2-576(b) contains the gifts and favors provision and lists types of gifts or favors that you are allowed to accept. The following flowchart can provide you with guidance to evaluate how these requirements apply. •City Code (Section 2-656) requires Councilmembers to report gifts on a quarterly basis (by Jan 15, April 15, July 15, October 15). 24-26691 AIS 1 - Gift Reporting EXhibit F 045 City Council ERB Agenda Item Summary – City of Fort Collins Page 1 of 4 Agenda Item 2 June 2, 2025 AGENDA ITEM SUMMARY City Council – Ethics Review Board Carrie Daggett, City Attorney SUBJECT e City’s financial disclosures requirements EXECUTIVE SUMMARY review City Code Article VIII Division 2 also requires the City Manager to file a financial disclosure no later than January 10 each year. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION Under “other business” at its January 21, 2025, City Council asked the Ethics Review Board to review the City’s financial disclosure requirements. City Code Section 2-636 requires every Council candidate to file with the City Clerk a written financial disclosure statement at the time of filing their acceptance of nomination with the City Clerk. City Code Section 2-636 also requires each Councilmember to file, no later than January 10 after their election re- election, retention, or appointment, the same written financial disclosure. Similarly, the City Manager and City Attorney are required to file such written financial disclosure within 30 days of their appointment and each year by January 10. Councilmembers, the City Manager, and the City Attorney must file financial disclosures yearly after their initial disclosures. City Code Section 2-637 lists the financial interests that must be disclosed. There appears to be an updated needed to the timing requirement for amended reports in City Code Section 2-638, which should have been revised when Section 2-636 was updated in 2023 and we will bring a correction to that section on June 17. City Code Article VIII Division 2 is marked as Exhibit A, attached for reference. For comparison, staff gathered examples of other entities’ financial disclosure requirements, including: Colorado, Arvada, Aurora, Colorado Springs, Denver, Louisville, and Loveland, which are included in the packet. The bookmarked pdf of the various entities’ financial disclosure requirements is marked as Exhibit B, attached for reference. Also, staff listed financial reporting requirements of Colorado municipalities in a document marked as Exhibit C, attached for reference. 046 City Council ERB Agenda Item Summary – City of Fort Collins Page 2 of 4 Colorado cities’ financial disclosure requirements include the following (highlighted checkmark indicates that City currently has similar financial reporting requirements): A. Sources of any income √ B. Legal description of any interest in real property √ C. Name and nature of business √ D. Name of each creditor √ E. Insurance policy or trust in which there is a financial interest F. Names of all offices held √ G. Names of persons or employers for whom the officer applies to in the applicable period or compensation for lobbying H. Mineral rights leases I. Any gifts permissible by the applicable code J. Names of the creator and beneficiaries of any private trust for the benefit of the officer and a description of its assets with a value in excess of $5,000 K. Transfer of assets with a value exceeding $5,000 to immediate family member. L. Reporting requirements apply to specific positions. M. Anything else deemed necessary. A. Sources of income to be reported— • Some cities require reporting for officer plus spouse. Others require information for officer, spouse and minor children. • Some include capital gains, whether taxable or not. • Aurora only requires reporting of income source when the official is in position to take direct official action with the entity that is the source or the city has an existing contractual, business or regulatory relationship with the entity. • Some have a value threshold (Denver $2,000 and Louisville $1,000 per year/per source). • Louisville includes dividends, interest, wages, salaries, rents and profits. B. Legal description of any interest in real property— • Arvada requires disclosure of property interest held by reporting person and spouse. Colorado also requires reporting for minor children. • Other entities limit the requirement to property within certain geographic area. Arvada’s rule is property within the city or three miles of its perimeter. Colorado and Denver limit to property within the state or city. Louisville is limited to county. Loveland limits to within the planning jurisdiction of the city. • Colorado, Aurora and Loveland limit requirement to property with value threshold more than $5,000. • Aurora, Denver, and Colorado Springs do not require reporting of real property interest that is the person’s personal residence. • Colorado and Loveland include an option to buy. C. Name and nature of business— • Colorado, Colorado Springs and Denver require reporting by reporting person and spouse. Fort Collins requires disclosure of any financial interest more than $10,000 in any business entity but not for spouse. • Others limit requirement to businesses doing business within specific geographic area (Colorado, in state; Louisville, in county; Aurora, in city). • Denver only requires report of each business in which the officer and that officer’s spouse has ownership of any securities or other financial interest more than 1% or $5,000. • Colorado Springs requires report of direct or indirect investment or interest, including stock investment and also applies to commercial venture, real property, or trust doing business in the county. • Aurora and Loveland require reporting if person has any potential pecuniary gain. 047 City Council ERB Agenda Item Summary – City of Fort Collins Page 3 of 4 D. Name of each creditor— • Denver’s rule applies to minor children as well as reporting person and spouse. Fort Collins rule applies only to reporting person and spouse. • Colorado and Loveland require reporting where the amount of money owed exceeds $1,000. • Denver’s amount is $5,000 owed. • Fort Collins’s amount is $10,000 owed. • Colorado requires report to include interest rate and highest amount owed for the calendar year. E. Insurance policy or trust in which there is a financial interest— • Currently, Fort Collins does not require disclosure of this information. • Colorado and Aurora require this disclosure. • Aurora requires a disclosure of a policy or trust that is owned by or created and endowed by a third person, other than the reporting person or their spouse. • Aurora and Colorado provide a value threshold of $5,000. • Colorado’s rule applies to reporting person, spouse and minor children. F. Through L. Uncommon disclosure requirements of other entities— • There are a few uncommon disclosure requirements of other entities that are not currently in Fort Collins Municipal Code. • Denver and Louisville require the reporting person to disclose the names of persons or employers, other than the city, for whom the person performed compensated lobbying. • Aurora requires reporting person to disclose mineral rights leases held by them or their spouse with a value exceeding $5,000. • Denver requires disclosure of any gifts permissible by their code. • Denver requires disclosure of any transfer of assets by reporting person with a value exceeding $5,000 to an immediate family member during reporting year or previous two years. • Denver requires disclosure of names of any current employer and any employer for whom person worked during the reporting period. • Denver requires disclosure of any gifts permissible by their code. • Arvada and Aurora require the mayor, city council, city attorney, and all members of the planning and zoning commission and the board of adjustments and appeals to file financial disclosures. Question for ERB— Is there any interest in adding, amending or deleting a type or types of financial disclosures not currently included in City Code? CITY FINANCIAL IMPACTS Not applicable. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. 048 City Council ERB Agenda Item Summary – City of Fort Collins Page 4 of 4 PUBLIC OUTREACH Not applicable. ATTACHMENTS A. City Code Article VIII Division 2 B. Other entities’ financial disclosure requirements: State of Colorado, Arvada, Aurora, Colorado Springs, Denver, Louisville, and Loveland in one pdf that is bookmarked. C. A list of financial reporting requirements in Colorado municipalities 049 Division 2 Financial Disclosure Sec. 2-636. Financial disclosure required. Any candidate for the office of City Councilmember shall, at the time of filing their acceptance of nomination with the City Clerk, file with the City Clerk a written disclosure statement that conforms to the requirements of § 2-637. Such a written disclosure statement shall also be filed with the City Clerk by the City Manager and the City Attorney not later than thirty (30) days after their appointment, and then each subsequent year in office no later than January 10. Each member of the City Council who is elected, re-elected, appointed or retained in office shall also file such a written disclosure statement with the City Clerk not later than January 10 next after their election, re-election or appointment and then each subsequent year in office no later than January 10. However, any City Councilmember who is elected or re-elected and who has, prior to said election or re-election, filed a written disclosure statement within ten (10) days after filing acceptance of nomination, may file an amended statement with the City Clerk or notify the City Clerk in writing that there has been no change in the disclosures made therein, since the date of filing of the same. (Code 1972, § 8-1(A); Ord. No. 146, 2000, § 1, 11-7-00; Ord. No. 115, 2018, § 2, 9-18- 18; Ord. No. 109, 2020, § 2, 9-15-20; Ord. No. 046, 2023, § 2, 4-4-23) Sec. 2-637. Requirements. Financial disclosure shall include: (1)The source or sources of any income, including capital gains whether or not taxable of the person making disclosure and such person's spouse; (2)Any financial interest in excess of ten thousand dollars ($10,000.) in any business entity; (3)The legal description of any interest in real property owned by the person making disclosure or such person's spouse; (4)The identity by name of all offices and directorships held by the person making disclosure and such person's spouse; (5)The name of each creditor to whom the person making disclosure or such person's spouse owes money in excess of ten thousand dollars ($10,000.); (6)A list of businesses with which the person making disclosure or such person's spouse are associated that do business with or are regulated by the City and the nature of such business or regulation; (7)Such additional information as the person making disclosure might desire. AIS 1 - Financial Reporting Exhibit A 050 (Code 1972, § 8-1(B); Ord. No. 123, 2011, 10-4-11) Sec. 2-638. Amended statement. Any person required to file a disclosure statement after his or her election, re-election, appointment or retention in office, shall on or before May 15 of each calendar year after the year in which his or her election, re-election, appointment or retention in office occurs, file an amended statement with the City Clerk or notify the City Clerk in writing that there has been no change in the information shown on the last previous disclosure statement. (Code 1972, § 8-1(C); Ord. No. 146, 2000, § 2, 11-7-00) Sec. 2-639. Notice. The City Clerk shall give written notice to each person required to make disclosure at least thirty (30) days before such disclosure is required to be filed. (Code 1972, § 8-1(C)) Sec. 2-640. Public record. Each disclosure statement, amended statement or a notification that no amendment is required shall be public information available to any person upon request during normal working hours. (Code 1972, § 8-1(D)) Sec. 2-641. Federal income tax alternative. Any person subject to the provisions of this Division may elect to file with the City Clerk annually a copy of such person's federal income tax return and any separate federal income tax return filed by such person's spouse together with a statement of any investments held by such person or such person's spouse which are not reflected by the income tax returns in lieu of complying with the provisions of §§ 2-636, 2-637 and 2-638 which tax return and any statement filed under the provisions of this Section shall be public information. (Code 1972, § 8-1(E)) Sec. 2-642. Penalty. Any person who willfully files a false or incomplete disclosure statement, amendment or notice that no amendment is required or who willfully files a false or incomplete copy of any federal income tax return or a false or incomplete certified statement of investments or who willfully fails to make any filing required by this Division shall be guilty of a AIS 1 - Financial Reporting Exhibit A 051 violation of the Code punishable as a misdemeanor, and shall upon conviction be punished by a fine not to exceed the limits established in § 1-15. (Code 1972, § 8-1(F)) Secs. 2-643—2-655. Reserved. AIS 1 - Financial Reporting Exhibit A 052 § 24-6-202. Disclosure--contents--filing--false or incomplete..., CO ST § 24-6-202 © 2025 Thomson Reuters. No claim to original U.S. Government Works.1 West's Colorado Revised Statutes Annotated Title 24. Government--State Administration Article 6. Colorado Sunshine Law (Refs & Annos) Part 2. Public Official Disclosure Law (Refs & Annos) C.R.S.A. § 24-6-202 § 24-6-202. Disclosure--contents--filing--false or incomplete filing--penalty Currentness (1) Not later than January 10 of each calendar year, each of the following individuals shall file an annual disclosure statement with the secretary of state of Colorado in such form as the secretary of state prescribes, stating the information specified in subsection (2) of this section: (a) Each member of the general assembly; (b) The governor, lieutenant governor, secretary of state, attorney general, and state treasurer; (c) Each justice or judge of a court of record; (d) Each district attorney; (e) Each member of the state board of education; (f) Each member of the board of regents of the university of Colorado; (g) Each member of the public utilities commission. (h) Repealed by Laws 1985, S.B.179, § 1. (1.3) If an individual begins serving in one of the positions specified in subsection (1) of this section after January 10 and has not filed a disclosure statement within the previous thirty days, the individual shall file a disclosure statement no later than ten days after assuming the position. (1.5) The provisions of subsection (1) of this section apply to any individual who is serving in any position specified in subsection (1) of this section on or after January 1, 2024. If an individual who is specified in subsection (1) of this section is serving in office in the 2024 calendar year but has not filed an annual disclosure statement in the AIS 2 - Financial Reporting Exhibit B 053 § 24-6-202. Disclosure--contents--filing--false or incomplete..., CO ST § 24-6-202 © 2025 Thomson Reuters. No claim to original U.S. Government Works.2 2024 calendar year, the individual shall file a disclosure statement no later than July 1, 2024, or in accordance with the requirements specified in subsection (1.3) of this section, whichever is sooner. (1.7) Repealed by Laws 2024, Ch. 468 (S.B. 24-210), § 51, eff. June 6, 2024. (2) Disclosure must include the following for the previous calendar year, unless otherwise specified: (a) The names, and amounts, disclosed as a range as provided in the form prescribed by the secretary of state, of any source or sources of any income, including capital gains, whether or not taxable, of the person making disclosure, the person's spouse, and any minor children residing with the person making the disclosure; (b) The name of each business, insurance policy, or trust in which he, his spouse, or minor children residing with him has a financial interest in excess of five thousand dollars; (c) The legal description of any interest in real property, including an option to buy, in the state in which the person making disclosure, his spouse, or minor children residing with him have any interest, direct or indirect, the market value of which is in excess of five thousand dollars; (d) The identity, by name, of all offices, directorships, and fiduciary relationships held by the person making disclosure, the person's spouse, and any minor children residing with the person making the disclosure, including whether the position is compensated or uncompensated; (e) The identity, by name, of any person, firm, or organization for whom compensated lobbying is done by any person associated with the person making disclosure if the benefits of such compensation are or may be shared by the person making disclosure, directly or indirectly; (f) The name of each creditor to whom the person making disclosure, the person's spouse, or the person's minor children owe money in excess of one thousand dollars, including the interest rate and the highest amount owed, disclosed as a range as provided in the form prescribed by the secretary of state, for the calendar year covered in the statement; (g) A list of businesses with which the person making disclosure or his spouse are associated that do business with or are regulated by the state and the nature of such business or regulation; (h) The sources of compensation exceeding five thousand dollars received by the person making the disclosure or the person's business affiliation for services provided directly by the person making the disclosure during the current year and during the prior calendar year, if the source is a person or entity that is regulated by the state or pays for a lobbyist that conducts lobbying at the general assembly or at a state regulatory body. This includes the names of clients and customers of any affiliated corporation, firm, partnership, or other business enterprise and a description of the duties performed or services rendered for each source of compensation if the person making the disclosure directly provided the services generating a fee or payment of more than five thousand dollars. The person making the disclosure may exclude any information considered confidential as a result of a privilegedAIS 2 - Financial Reporting Exhibit B 054 § 24-6-202. Disclosure--contents--filing--false or incomplete..., CO ST § 24-6-202 © 2025 Thomson Reuters. No claim to original U.S. Government Works.3 relationship recognized by law. If the person making the disclosure withholds information as a result of a privileged relationship, the person shall still disclose the existence of the source of compensation and an explanation for why information was withheld. (i) Any additional information that the person making the disclosure deems necessary. (3) Any disclosure statement shall be amended no more than thirty days after any termination, acquisition, or substantial change of interests as to which disclosure is required. (4) Repealed by Laws 2024, Ch. 468 (S.B. 24-210), § 51, eff. June 6, 2024. (5) Each disclosure statement is public information and shall be made available on the secretary of state's website. (6) Repealed by Laws 2024, Ch. 468 (S.B. 24-210), § 51, eff. June 6, 2024. (7) Any person who willfully files a false or incomplete disclosure statement, or who willfully fails to make any filing required by this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars. (8) In addition to any other process provided in law or rule, including article XXIX of the state constitution, any person who believes an official listed in subsection (1)(a) of this section is not substantially complying with the requirements of this section may file a complaint with the following: (a) The secretary of the senate and the president of the senate for members of the senate; and (b) The chief clerk of the house of representatives and the speaker of the house of representatives for members of the house of representatives. (9) Upon receiving a complaint, the person or persons receiving the complaint shall follow any existing procedures for investigating ethics complaints or violations. (10) If an official specified in subsection (1)(a) of this section does not timely file the required annual disclosure statement, the secretary of state shall forward notification to the appropriate individual specified in subsection (8) of this section. Credits Amended by Laws 1979, S.B.229, §§ 1, 2; Laws 1985, S.B.179, §§ 1, 6; Laws 2010, Ch. 151, § 5, eff. July 1, 2010; Laws 2022, Ch. 108 (H.B. 22-1156), § 3, eff. Aug. 10, 2022; Laws 2023, Ch. 399 (S.B. 23-276), § 53, eff. Jan. 1, 2024; Laws 2024, Ch. 468 (S.B. 24-210), § 51, eff. June 6, 2024. AIS 2 - Financial Reporting Exhibit B 055 § 24-6-202. Disclosure--contents--filing--false or incomplete..., CO ST § 24-6-202 © 2025 Thomson Reuters. No claim to original U.S. Government Works.4 Notes of Decisions (2) C. R. S. A. § 24-6-202, CO ST § 24-6-202 Current through legislation effective March 24, 2025 of the First Regular Session, 75th General Assembly (2025). Some statute sections may be more current. See credits for details. End of Document © 2025 Thomson Reuters. No claim to original U.S. Government Works. AIS 2 - Financial Reporting Exhibit B 056 ARVADA Sec. 2-411. Persons affected; time. (a) Not more than 30 days after their election, re-election, appointment or retention in office, written disclosure, stating the items named in section 2-412, shall be made to and filed with the city clerk by: (1) Each member of the city council. (2) Each member of the planning commission of the city. (3) The city manager and city attorney. (4) Each member of the board of adjustment of the city. (b) Such disclosure shall also be filed by any candidate for the office of city councilmember within ten days after the filing of a nomination petition with the city. (Code 1960, § 2-3.4(a); Code 1981, § 2-3) Sec. 2-412. Contents. The disclosure provided for in section 2-411 shall include the: (1) Source of any income, including capital gains, whether or not taxable, of the person making disclosure and of such person's spouse. (2) Legal description of any interest in real property within the city, or within three miles of the perimeter of the city limits of the city, held by the person making disclosure or by such person's spouse. (Code 1960, § 2-3.4(b); Code 1981, § 2-4) Sec. 2-413. Submitted annually. Any person required by this article to file a disclosure statement shall, on or before June 1 of each calendar year, file an amended statement with the city clerk or notify the city clerk in writing that such person has had no change of condition since the previous filing of a disclosure statement. The city clerk shall give written notice to each person required to make disclosure hereunder at least 30 days before such disclosure is required to be filed. (Code 1960, § 2-3.4(c); Code 1981, § 2-5) AIS 2 - Financial Reporting Exhibit B 057 Created: 2025-02-18 13:25:16 [EST] (Supp. No. 64) Page 2 of 2 Sec. 2-414. Public information. Each disclosure statement, amended statement or a notification that no amendment is required shall be public information available in the city clerk's office to any person upon request during normal working hours. (Code 1960, § 2-3.4(d); Code 1981, § 2-6) Sec. 2-415. Income tax return; statement of investment. In lieu of complying with provisions of sections 2-411 and 2-412, any person subject to the provisions of sections 2-411—2-416 may elect to file with the city clerk annually a copy of such person's federal income tax return and any separate federal income tax return filed by such person's spouse, together with a statement of any investment held by such person or such person's spouse which is not reflected by the income tax returns, which tax return and any statement filed under the provisions of this section shall be public information. (Code 1960, § 2-3.4(e); Code 1981, § 2-7) Sec. 2-416. Penalty. Any person who willfully files a false or incomplete disclosure statement, amendment or notice that no amendment is required or who willfully files a false or incomplete copy of any federal income tax return or a false or incomplete certified statement of investments or who willfully fails to make any filing required by sections 2- 411—2-416 shall be guilty of a violation of the ordinances of the city, punishable as a misdemeanor, and shall, upon conviction thereof, be punished by a fine not to exceed the limits established in section 1-5. (Code 1960, § 2-3.4(f); Code 1981, § 2-8) State law reference(s)—Issuing a false financial statement, C.R.S. § 18-5-209. AIS 2 - Financial Reporting Exhibit B 058 AURORA Sec. 1-63. Annual financial disclosure statement. (a) On or before the second Monday in January of each year, financial disclosure statements, on forms to be supplied by the city clerk, shall be made to and filed with the city clerk by the following people: (1) Mayor and each member of the city council. (2) City manager. (3) City attorney. (4) All appointed members of the planning and zoning commission and the board of adjustments and appeals. (b) Each financial disclosure statement shall contain the following information: (1) The source of any income or losses, including sources of income, losses and capital gains held by the spouse of the person making the disclosure or held jointly with the spouse of the person making the disclosure and also including the source of any other income, losses or capital gains sustained by the person making the disclosure held or owned jointly with any other third party, not the spouse of the person making the disclosure, over which the person making such disclosure has the right to the majority control of such source of income, losses or capital gains when: a. The appointed or elected official is in a position to take direct official action with the entity that is the source of income, losses or capital gains; or b. The city has an existing, ongoing, or pending contract, business, or regulatory relationship with the entity that is the source of income, loss or capital gains. (2) Any insurance policy or trust owned by or created and endowed by a third person, other than the person making the disclosure and such person's spouse, the value of which is in excess of $5,000, which the person making the disclosure or the person making the disclosure and such person's spouse are joint beneficiaries. (3) Indicate whether and how many real properties and mineral rights leases are located in the city in which the person making the disclosure, solely or jointly with such person's spouse, has an interest if the value exceeds$5,000. This subsection shall not apply to the appointed or elected official's personal residence or appurtenances thereto. AIS 2 - Financial Reporting Exhibit B 059 (4) The identity, by name, of all offices, directorships and fiduciary positions held by the person making the disclosure and such person's spouse, if such positions are with groups or organizations organized for profit. (5) The identity, by name, of any person for whom lobbying is done, other than a municipal corporation or organization sponsored by a municipal corporation, and the identity of each lobbyist associated with the person making the disclosure. (6) Businesses for profit located in or doing business in the city in which the person making the disclosure engages in a transaction for mutual gain. (c) All financial disclosure statements filed pursuant to this section shall be public records. (Ord. No. 2020-06, § 1, 4-6-2020; Ord. No. 2019-51, § 2, 8-19-2019; Ord. No. 2016-35, § 16, 8-8-2016) AIS 2 - Financial Reporting Exhibit B 060 COLORADO SPRINGS 5.2.103: CANDIDATE AND ELECTED OFFICIAL DISCLOSURE REQUIRED: A. In addition to any other disclosure required by part 2 of this article, every candidate shall file a Disclosure of Substantial Private Business Interests form disclosing his or her substantial private business interests, and the substantial private business interests of his or her spouse, within ten (10) days after filing an Affidavit of Independent Candidacy, except that the candidate shall not be required to disclose information about real property used as the primary residence of the candidate or the candidate's spouse. B. In addition to any other disclosure required by part 2 of this article, every elected official shall file a Disclosure of Substantial Private Business Interests form disclosing his or her substantial private business interests, and the substantial private business interests of his or her spouse, by April 30 each year if the elected official is in office on that date, except that the elected official shall not be required to disclose information about real property used as the primary residence of the elected official or the elected official's spouse. C. Every Disclosure of Substantial Private Business Interests form shall be signed under penalty of perjury, filed with the City Clerk, and in the following form: DISCLOSURE OF SUBSTANTIAL PRIVATE BUSINESS INTERESTS Name of Elected Official or Candidate Residence Address SECTION 1 INTERESTS IN ENTITIES List each investment or any other interest, whether direct or indirect, in every business entity, commercial venture, or real property, or a beneficial interest in a trust or any asset if the investment, interest, business entity, commercial venture, real property, trust, or other asset is one that does business in or is located in El Paso County, Colorado. Entity, Address, Nature of Business (Includin g Commer cial Venture Interes t Held Directl y or Indirec tly s conduct ed in El Paso County, CO Interest (Stock, Investm ent, Other) Market Value of Financi al Interest s (as of Reporti ng Owners hip of 5 Percent or Greater ns Held in Entity (Office r, Direct or) st is Held by: (Self, Spous e, Both) nts AIS 2 - Financial Reporting Exhibit B 061 and Interests Held By Another Person on Your le or Dec. 31 if Not Availab SECTION 2 REAL ESTATE Address (El Paso County Only, Exclude Personal Residence) Held Directly or Indirectly (as of Reporting Date if Available or Dec. 31 if Not (Self, Spouse, Both) Use additional pages as necessary Page 1 of Under penalty of perjury I certify that to the best of my knowledge and belief the information contained on this form is true and correct. Printed Name: Signature: Date: D. The form required by this section may be filed and signed electronically under a system maintained by the City Clerk. E. The computation of time for filings under this part shall be controlled by section 1.1.105 of this Code. (Ord. 12-91) AIS 2 - Financial Reporting Exhibit B 062 DENVER Sec. 2-72. Annual financial disclosure statement and semi-annual gift disclosure statement. (a) Form of statement; duty of clerk. The clerk shall prepare forms for reports required by this article and furnish the forms free of charge for use by officers who are required by this article to make reports. The report forms will not include any requirement to disclose sensitive personally identifying information, such as social security numbers or bank account numbers. (b) Annual financial disclosure statement required. Officers shall file their annual financial report for calendar year 2016 no later than January 31, 2017, under the reporting requirements in effect during 2016. Beginning in 2018, every officer as defined in section 2-71(4) shall file a financial disclosure statement with the clerk no later than January 31 of each year. The report shall cover the period from January 1 to December 31 of the prior year. (c) Semi-annual gift disclosure statement required. Beginning on July 31, 2017, every officer as defined in section 2-71(4) shall file a gift disclosure with the clerk on or before January 31 and July 31 of each year. The January 31 report shall cover the period from July 1 to December 31 and the July 31 report shall cover the period from January 1 to June 30. The report shall include the identification, estimated value, and the source of any gifts which were accepted under sections 2-60(b)(4), (7), (9) and (10) received by the officer during the reporting period. Officers are required to report gifts from persons pursuing business with the city or with whom the city has an existing, ongoing, or pending contract, business, or regulatory relationship and over whom the officer may take direct official action as defined in section 2-52(b). (d) Information required in financial disclosure statement. The financial disclosure statement required of officers shall contain the following information for the reporting year (excluding the actual dollar amounts): (1) The name of each business in which the officer and/or that officer's spouse owned any securities or other financial interest in excess of one (1) percent or five thousand dollars ($5,000.00), and the name of the person holding the financial interest; (2) The names of any sources of income received by the officer, including capital gains, whether or not taxable, which exceeded two thousand dollars ($2,000.00); provided, that the amounts of such incomes need not be disclosed; (3) The names of all persons or employers, other than the city, for whom the officer performed compensated lobbying; (4) The names of the creator, beneficiaries or ownership of any private trust for the benefit of the officer and a description of the assets held by the trust when the value exceeds five thousand dollars ($5,000.00); AIS 2 - Financial Reporting Exhibit B 063 (5) A listing of all real property or interest therein owned by the officer at any time during the reporting year, including options to purchase, located in the state, together with the location and name, if any, by which such property is commonly known, whether the real property was owned outright or held in whole or in part under a corporation or partnership; except that, home addresses of the officer or family immediate members need not be listed; (6) The transfer by the officer of any assets with a value in excess of five thousand dollars ($5,000.00) to an immediate family member during the reporting year or during the previous two (2) years; (7) The name of each creditor owed an amount in excess of five thousand dollars ($5,000.00); and (8) The names of any current employer and any employer for whom the officer worked during the period from July 1 of the year prior to the calendar year through December 31 of the reporting year. (e) Disclosure with respect to immediate family members. The officer shall also disclose the information described in subsection (d) for any financial interest of an immediate family member which is held jointly, derived from the income or assets of the officer, or may be materially affected by a direct official action of the officer as defined in section 2-52(b) DRMC; and shall list the name of the person holding the financial interest. (f) Public records. Financial disclosure statements filed pursuant to section 2-72(b) and gift disclosure statements filed pursuant to section 2-72(c) shall be public records. The city clerk will make the completed statements available to the public on line within a reasonable time, not to exceed seven (7) business days after the date of receipt of the completed statements. (Code 1950, § 115.3; Ord. No. 846-94, § 1, 10-24-94; Ord. No. 456-95, § 1, 6-26-95; Ord. No. 1098-02, § 1, 12-30-02; Ord. No. 113-09, § 3, 2-23-09; Ord. No. 919-16, § 1, 1-9-17; Ord. No. 1202-16, § 12, 3-6-17; Ord. No. 794-17, § 1, 8-21-17; Ord. No. 614-18, § 3, 7- 9-18) AIS 2 - Financial Reporting Exhibit B 064 LOUISVILLE Section 5-11. Code of Ethics—Filing of Financial Disclosure Statement. (a) Within three (3) working days after a person has filed a nomination petition or write- in affidavit of intent for the office of Mayor or Councilmember, and within five (5) working days after a person has been appointed to fill a vacancy in such office, the person shall complete, sign, and file with the City Clerk a disclosure statement that contains: (1) The person's employer and occupation and the nature of any income in excess of one thousand dollars ($1,000.00) per year per source, including without limitation, capital gains whether or not taxable, dividends, interest, wages, salaries, rents, and profits; (2) The name, location, and nature of activities of any business entity with holdings of real or personal property or with business dealings in Boulder County, in which the person has any interest, and the nature of the interest; (3) The location of any real property within Boulder County in which the person has an interest or, if the person has a controlling interest in an entity or enterprise disclosed pursuant to Paragraph (2), in which the controlled entity or enterprise has any interest and the nature of such interest; (4) A sworn or verified statement signed by the person, under penalty of perjury, stating that to the best of the person's knowledge, information, and belief, the person has provided, accurately and completely, all of the information required by the disclosure form in compliance with the Code of Ethics. The statement shall contain: (A) An acknowledgment that, for the purposes of Sections 5-9 and 5-10, the person is deemed to have an interest in his or her own financial affairs, and in that of the person's spouse and other relatives as specified in the Code of Ethics; and (B) An acknowledgment that, for the purposes of Sections 5-9 and 5-10, the person understands that he or she must disclose such an interest pursuant to Section 5-10 and comply with the non-participation provisions thereof, and that it is a violation of the Code of Ethics to fail to file the statement within the time required herein; and (C) Such additional information as the person making the disclosure desires. (b) Except as specifically provided herein, the form and content of the disclosure statement referred to in Subsection (a) shall be established by resolution of the City Council. AIS 2 - Financial Reporting Exhibit B 065 (c) Notwithstanding any other provision of this section, no candidate, officer, or public body member shall be required to disclose any confidential relationship protected by law. (d) By no later than September 10 of each year, each officer shall file an amended disclosure statement with the City Clerk, or notify the City Clerk in writing that the officer has no change of financial condition regarding the disclosed items since the previously filed disclosure statement. (Chart. Code, 2009) AIS 2 - Financial Reporting Exhibit B 066 LOVELAND 2.14.010 Disclosure of conflicts of interest and finances. … I. The city manager and each member of the city council shall file with the city clerk a financial disclosure statement within 30 days of election or appointment to or retention in office. 1. The financial disclosure statement shall contain the following information: a. The name and nature of any entity (other than the city and corporate bodies organized by the city) which provides a source of income directly or indirectly to the person making the disclosure and the entity; and b. The name and nature of any entity (other than the city and corporate bodies organized by the city): i. Of which the person making disclosure is an officer, director, trustee, or beneficiary, or ii. In which the person making disclosure has any interest or control, through stock ownership other than listed securities, or otherwise, and from which the person has the potential for receiving pecuniary gain; and c. The legal description of real property located within the planning jurisdiction of the city in which the person making disclosure has any direct or indirect interest, including but not limited to an option to purchase, the market value of which is in excess of $5,000.00; and d. The name of each creditor to whom the person making disclosure owes money in excess of $1,000.00. 2. The words "indirect" and "indirectly" as used in Subsection I.1 of this section shall include, but not be limited to, income and interests of a spouse or minor child residing with the person making disclosure to the extent that: a. The income or interest is known to the person making disclosure; and b. The person making the disclosure receives a pecuniary benefit from or has the potential of receiving a pecuniary benefit from the income or interest. 3. Nothing contained in this section shall authorize or require the disclosure of any communications which are privileged under the rules of evidence for courts of this state, or the disclosure of the names of tenants, customers, patients or AIS 2 - Financial Reporting Exhibit B 067 clients of the person making disclosure, or the disclosure of the names of tenants, customers, patients or clients of the person's spouse or minor children. J.Any person required to file a disclosure statement shall file with the city clerk an amended statement on or before June 1st of each calendar year, reflecting changes in the information previously filed, or a notification that no amendment is needed. An amended statement shall also be filed within 30 days after termination or acquisition of interests as to which disclosure is required. K.Each disclosure statement, amended statement, or notification that no amendment is required shall be public information, available to any person upon request to the city clerk during normal working hours. … N.Any person who knowingly falsifies statements required by Subsections I, J, L and M of this section, or who knowingly fails to file a statement required by Subsections I, J, L and M of this section, is guilty of a violation of this Code and shall be punished by a fine of not more than $300.00 or by imprisonment of not more than 90 days, or by both such fine and imprisonment. O.If any subsection, sentence, clause, or phrase used in this section is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section, provided such other portions can be given effect without the invalid subsection, sentence, clause or phrase. The city council declares that it would have adopted the remainder of this section irrespective of the fact that any particular subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. (Ord. 4411 §§ 1, 2, 1999; Ord. 3979 §§ 1, 2, 1994; Ord. 1602 § 1 (part), 1977) AIS 2 - Financial Reporting Exhibit B 068 FINANCIAL DISCLOSURE REQUIREMENTS OF COLORADO MUNICIPALITIES A.Source of any income: •Of reporting person and spouse. (Arvada, Aurora) •Of reporting person, spouse, and minor children. (Colorado, Loveland) •Includes capital gains, whether or not taxable. (Arvada, Colorado, Denver, Louisville) •Includes losses. (Aurora) •Applies only when the official is in a position to take direct official action with the entity that is the source or the city has an existing contract business, or regulatory relationship with the entity. (Aurora) •Must report for reporting person and any third party for which the reporting person has the right to the majority control. (Aurora) •With a value threshold in excess of: o $2,000 but need not disclose the amount. (Denver) o $1,000 per year per source. (Louisville) •Includes dividends, interest, wages, salaries, rents, and profits. (Louisville) •Direct or indirect income and nature of source. (Loveland) o “Indirect” means income and interests if the income or interest is known and the reporting person has the potential for pecuniary benefit. (Loveland) B.Legal description of any interest in real property: •Held by reporting person or spouse. (Arvada) •Real property means within the city or three miles of its perimeter. (Arvada) •Has a market value threshold In excess of $5,000. (Aurora, Loveland) •Does not apply to personal residence. (Aurora, Denver, Colorado Springs) •Applies to direct or indirect interest. (Colorado) •Includes an option to buy. (Colorado, Loveland) •Located in: o The state. (Colorado, Denver) o The county. (Louisville) o The planning jurisdiction of the city. (Loveland) •With a market value in excess of $5,000 (Colorado) •Applies to reporting person, spouse, or minor children (Colorado) •Whether owned outright or in part under a corporation or partnership. (Denver) AIS 2 - Financial Reporting Exhibit C 069 Financial Disclosure Requirements Of Colorado Municipalities Page 2 C. Name and nature of businesses: • Applies to reporting person and spouse. (Colorado, Colorado Springs, Denver) • Doing business: o In the state. (Colorado) o In the county. (Louisville) o In the city. (Aurora) • Must report “substantive” private business interest. (Colorado Springs) • Must report direct or indirect investment or interest, including stock investment and also applies to commercial venture, real property, or trust doing business in the county. (Colorado Springs) • Only need to report for a financial interest in excess of 1% or $5,000. (Denver) • With real estate holdings. (Louisville) • If reporting person has any potential of pecuniary gain. (Aurora, Loveland) D. Name of each creditor: • Applies to reporting person, spouse, or minor children (Colorado) • Money owed exceeds: o $1,000 (Colorado, Loveland) o $5,000 (Denver) • Must report interest rate and highest amount owed for the calendar year (Colorado) E. Insurance policy or trust in which there is a financial interest: • That is owned by or created and endowed by a third person, other than the reporting person or their spouse. (Aurora) • Has a value threshold: o Exceeds $5,000 (Aurora, Colorado)  Applies if the reporting person and spouse are joint beneficiaries. (Aurora) • Applies to reporting person, spouse, or minor children (Colorado) F. Name of all offices held: • Includes directorships and fiduciary positions held by the reporting person or spouse if the position is for a for-profit entity. (Aurora) AIS 2 - Financial Reporting Exhibit C 070 Financial Disclosure Requirements Of Colorado Municipalities Page 3 • Includes minor children (Colorado) • Report nature of the office and includes positions director, trustee, or beneficiary. (Loveland) G. Names of persons or employers for whom the officer: • Applies to the period from July1 of prior year through December 31 of reporting year. (Denver) • Performed compensated lobbying. (Denver) • Must include occupation (Louisville) H. Mineral rights leases in held by the reporting person and their spouse with an interest of value exceeding $5,000. (Aurora) I. Any gifts permissible by code. (Denver) J. Names of the creator and beneficiaries of any private trust for the benefit of the officer and a description of its assets with a value in excess of $5,000. (Denver) K. Transfer of assets with a value exceeding $5,000 to immediate family member. (Denver) L. Reporting requirements apply to specific positions: • Mayor, city council, city manager, city attorney, all members of the planning and zoning commission and the board of adjustments and appeals. (Arvada, Aurora) • City council and City Manager (Loveland) M. Anything else deemed necessary. (Colorado) AIS 2 - Financial Reporting Exhibit C 071 City Council ERB Agenda Item Summary – City of Fort Collins Page 1 of 2 Agenda Item 3 June 2, 2025 AGENDA ITEM SUMMARY City Council – Ethics Review Board Carrie Daggett, City Attorney SUBJECT proposed changes to City Code sections 2-576 and 2-656. EXECUTIVE SUMMARY review proposed City Code language changes to the City’s gift restrictions -576). The Board may not have time to consider this item; it is provided in case time allows and STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION Under “other business” at its January 21, 2025, City Council meeting, several members of the Council City Council asked the Ethics Review Board (ERB) to review the City’s requirements related to the acceptance of gifts, gift disclosures, and financial disclosures and consider recommended changes. At its April 7, 2025, meeting, the ERB decided to review the rules related to acceptance of gifts and determine whether to make any recommended changes. At its May 5, 2025, meeting, the ERB reviewed various gift restriction requirements, including those of the City of Colorado Springs, and provided feedback about changes they are interested in considering. A copy of §2-576 with draft amendments is provided for discussion purposes only and marked as Exhibit A, attached for reference. Staff is interested in ERB feedback and questions regarding the draft Code amendments. CITY FINANCIAL IMPACTS Not applicable. BOARD / COMMISSION / COMMITTEE RECOMMENDATION Not applicable. 072 City Council ERB Agenda Item Summary – City of Fort Collins Page 2 of 2 PUBLIC OUTREACH Not applicable. ATTACHMENTS A. Draft proposed changes to City Code §2-576 073 DRAFT—FOR DISCUSSION PURPOSES ONLY AND SUBJECT TO CHANGE Sec. 2-576. Ethical rules of conduct—Officers and employees. ***** (b) Hospitality and Gifts: No covered person or immediate family member shall solicit, accept, or give any gift related to the covered person’s duties and responsibilities on behalf of the City. (1) Campaign contributions reported as required by Chapter 7, Article V of this Code; (2) A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; (3) 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; (4) 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; (5) 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 (6) Payment of salary from employment, including other employment in addition to that earned from being an officer or employee. (c) All officers and employees shall refrain from soliciting or accepting any gifts from a donor who has a matter pending before City Council. (d) 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: (e) Exceptions: Providing that the gift could not be reasonably considered a bribe or a means of improper influence on a direct official action, no violation of these ethics rules shall be found to apply to the following: (1) Campaign contributions as defined by law and reported as required by Chapter 7, Article V of this Code; (2) An unsolicited item or items of value less than the dollar amount established and adjusted in Colorado Constitution, article XXIX, section 3, per vendor or third party per year. As of January 1, 2025, that amount is seventy-five ($75). (a) The cost of the gift is the retail value of the item unless the receiver has knowledge that the giver paid more than the retail value, in which case the cost is the amount actually paid. 074 DRAFT—FOR DISCUSSION PURPOSES ONLY AND SUBJECT TO CHANGE (b) For a charity event, the cost of the event is the amount the event organizer reports to the Internal Revenue Service as the non-deductible portion of the event. (c) It is not permissible to pay part of the cost of a gift that is offered with a value exceeding the amount set forth in subsection (e)(2) of this section to reduce the value to less than the amount set forth in subsection (e)(w) of this section and then accept the gift. (d) Immediate family members of covered persons, except those of elected officials, may only accept a free or discounted event ticket if they attend the event with a covered person. Event tickets for elected officials are covered under subsection (e)(16) of this section. (3) An unsolicited, nonpecuniary token or award of appreciation that is reasonable in value and purpose, such as plaques and professional awards, publicly presented by a nonprofit organization in recognition of public service; (4) A component of compensation paid or other recognition given in the normal course of appointment, volunteer services, or business. (5) Any scholarship or grant or other financial aid for education given to any covered person or immediate family member for any reason. (6) Any charity event attended on behalf of the City or any of its affiliated organizations. (7) Any gift solicitation for a charitable purpose as determined to be appropriate by the City or its affiliated organization. (8) Any gift, whether solicited or not, accepted on behalf of the City to benefit a public safety or community purpose. (9) Awards or prizes given at competitions or drawings at events where no admission is charged and open to the public. (10) For elected officials, City Attorney and City Manager, reasonable cost (e.g., fees, meals, lodging, and/or transportation) and frequency of conferences, seminars, events, or meetings, so long as the conference, event, or meeting is attended on behalf of the City and is documented, and: (a) The officer is scheduled to deliver a speech, participate in a presentation, participate on a panel, or receive an award, or the officer is wearing their City of Fort Collins name tag identifying them as a Councilmember; and (b) The cost of the conference, seminar, event, or meeting is paid pursuant to a vendor agreement or contract; or (c) The cost of the conference, seminar, event, or meeting is paid by a governmental entity or an IRC 501(c)(3) organization; or (d) The officer has been asked by the City Manager’s Office to attend the event on behalf of the City. 075 DRAFT—FOR DISCUSSION PURPOSES ONLY AND SUBJECT TO CHANGE (11) Reasonable cost and frequency of City sponsored educational events, so long as the events are reported on the disclosures required under City Code section 2-656. (12) For employees, reasonable cost (e.g., fees, meals, ticket to event, lodging and transportation) and frequency of conferences, seminars events or meetings attended on behalf of the City and documented and, provided the employee is scheduled to deliver a speech, participate in a presentation, participate on a panel or receive an award and: (a) the cost of the conference, seminar, event or meeting is paid by a governmental entity or an IRC 501(c)(3) organization; or (b) the officer has been asked by the City Manager’s Office to attend the event on behalf of the City. (13) Reasonable cost and frequency of business meals for covered persons, so long as the meals are documented. (14) Perishable or consumable gifts given to a City department or group. (15) Gifts accepted in a covered person’s official capacity that will become property of the City. (16) For elected officials and their immediate family members, reasonable cost and frequency of meals and event tickets pertaining to their official duties as Mayor or members of City Council so long as the gift is documented and is not intended, and does not affect, a direct official action. (17) A non-pecuniary award of reasonable value and frequency publicly presented by an IRC 501(c)(3) organization in recognition of public service. (18) Discounts that are similarly available to all employees of the City, or discounts that are offered to the public generally or to a large segment of the public (i.e., all uniformed personnel, all government employees, or all first responders). (19) Any other exceptions as may be approved in an advisory opinion of the Ethics Review Board. (20) Reasonable cost of travel on behalf of the City (e.g., fees, meals, lodging, and/or transportation) to another City, whether in Colorado or out-of-state, to observe programs, projects or operations in that City and/or of its City Council. (f) Inappropriate Hospitality And Gifts: Inappropriate hospitality or gifts involves offering or receiving accommodations, tours, event tickets, recreation, entertainment, meals or other similar personal benefits when a substantial interest exists that could influence or be perceived to influence objectivity when interacting with, representing, or conducting business for or on behalf of the City. ***** 076