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HomeMy WebLinkAboutCORRESPONDENCE - RFP - P777 GOLF PROFESSIONAL SOUTHRIDGE (10)CONFLICT OF INTEREST GUIDELINES The members of City boards and commissions are subject to certain rules of ethical conduct estab- lished by the City Charter and Code and, in some instances, they may also be governed by state stat- ute. The following summary highlights the pri- mary areas of concern addressed by these rules. When in doubt, a board or commission member should consult with the City Attorney's office for clarification of any applicable regulations. Also, a board or commission's Council liaison is permitted under the City Code to submit an inquiry to the Council Ethics Review Board on behalf of a board or commission member for an advisory opinion and recommendation. Ultimately, each member is responsible for his or her own compliance with all applicable laws and regulations. _ CONFLICTS OF INTEREST A board or commission member should refrain from voting on or attempting to influence any decision in which he or she has a financial or per- sonal conflict of interest. Additionally, when a con- flict exists under the odes contained in the City Charter, the member should file with the City Clerk's office a written statement of disclosure as soon as the conflict of interest is discovered. A copy of the disclosure form is included with these materials and additional forms may be obtained from the City Clerk's office. Generally, a board or commission member has a financial interest in a decision when the decision entails some foreseeable, measurable financial benefit to the individual member. Even absent individual benefit, a board or commission member should check with the City Attorney's Office before participating in any decision which directly and substantially benefits a business in which he or she either has a substantial financial interest or is engaged as a consultant or representative. Finally, if a decision of the City might directly and substantially affect a particular business to its economic detriment, and a board or commission member has a substantial financial interest in a competing firm, the member should also exercise caution in deciding whether to participate in the decision. If a board or commission member does not have a conflict of interest under the City Charter or Code, but may have a conflict under the state rules, and the board or commission member decides to participate in the decision in order to maintain a quorum at the meeting, then a disclo- sure statement may have to be filed with the Sec- retary of State. The City Attorney's office can assist with filing that statement. A personal interest may also create a conflict even when there is no financial benefit involved. The test is whether, in the judgment of a reasonably prudent person, the board or commission mem- ber would realize or experience some direct and substantial benefit or detriment different in kind from that experienced by the general public. Certain exceptions to the general rules pertaining to financial and personal conflicts of interest are contained in Article IV, Section 9(a) of the City Charter. -51- Art. IV, § 6 FORT COLLINS CODE Section 6. Ordinances remain in force. All ordinances, resolutions, rules, or regulations in force in Fort Collins, a municipal corporation, at the time this Charter takes effect shall continue in full force and effect until superseded, amended, or re- pealed, except that those inconsistent with this Char- ter are hereby repealed. Section 7. Publication. Whenever legal notice or other publication is re- quired by this Charter, or by ordinance, rule, or regu- lation, such notice shall be published at least once in a local newspaper of general circulation in the city, which is devoted to dissemination of news of a general character, unless a different form of notice is specified in this Charter or in the ordinance, rule, or regulation requiring the notice. (Ord. No. 19, 1997, § 1, 24-97, approved, election 4- 8-97) Section 8. Charter amendments. This Charter may be amended at any time in the manner provided by the laws of the State of Colorado. The Council may prescribe by ordinance, upon rec- ommendation of the City Clerk, a general form of petition for citizen -initiated Charter amendments which shall contain warnings and notices to signers as necessary. (Ord. No. 199, 1986, § 1, Part D, 12-16-86, approved, election 3-3-87) Section 9. Conflicts of interest. (a) Definitions. For purposes of construction of this Section 9, the following words and phrases shall have the following meanings: (1) the interest that an officer, employee or relative has as an employee of a business, or as a holder of an ownership interest in such business, in a decision of any public body, when the decision financially benefits or otherwise affects such business but entails no foreseeable, measurable financial benefit to the officer, employee or rela- tive; (2) the interest that an officer, employee or relative has as a nonsalaried officer or member of a nonprofit corporation or association or of an educational, religious, charitable, fraternal or civic organization in the holdings of such corpo- ration, association or organization; (3) the interest that an officer, employee or relative has as a recipient of public services when such services are generally provided by the city on the same terms and conditions to all similarly situ- ated citizens, regardless of whether such recipi- ent is an officer, employee or relative; (4) the interest that an officer, employee or relative has as a recipient of a commercially reasonable loan made in the ordinary course of business by a lending institution, in such lending institution; (5) the interest that an officer, employee or relative has as a shareholder in a mutual or common in- vestment fund in the holdings of such fund un- less the shareholder actively participates in the management of such fund; (6) Business means a corporation, partnership, sole pro- prierorship, firm, enterprise, franchise, association, organization, self-employed individual, holding com- pany, joint stock company, receivership, trust, activity (7) or entity. Financal interest means any interest equated with money or its equivalent. Financial inrer est shall not include: the interest that an officer, employee or relative has as a policyholder in an insurance company, a depositor in a duly established savings associa- tion or bank, or a similar interest -holder, unless the discretionary act of such person, as an offi- cer or employee, could immediately, definitely and measurably affect the value of such policy, deposit or similar interesr; the interest that an officer, employee or relative has as an owner of government -issued securities unless the discretionary act of such owner, as an officer or employee, could immediately, defi- nitely and measurably affect the value of such securities; or Supp. No. 45 14 -� CHARTER Art. IV, § 9 (8) the interest that an officer or employee has in Public body means the Council or any authority, the compensation received from the city for per- board, committee, commission, department, division sonal services provided to the city as an officer or office of the city. or employee. 0,0cer or employee means any person holding a po- sition by election, appointment or employment in the service of the city, whether part-time or full-time, in- cluding a member of any authority, board, committee or commission of the city, other than an authority that is: (1) established under the provisions of the Colorado Revised Statutes; (2) governed by state statutory rules of ethical con- duce and (3) expressly exempted from the provisions of this Article by ordinance of the Council. Personal interest means any interest (other than a fi- nancial interest) by reason of which an officer or em- ployee, or a relative of such officer or employee, would, in the judgment of a reasonably prudent per- son, realize or experience some direct and substantial benefit or detriment different in kind from that experi- enced by the general public. Personal interest shall not include:. (1) the interest that an officer, employee or relative has as a member of a board, commission, com- mittee, or authority of another governmental en- tity or of a nonprofit corporation or association or of an educational, religious, charitable, fra- ternal, or civic organization; Relative means the spouse or minor child of the offi- cer or employee, any person claimed by the officer or employee as a dependent for income tax purposes, or any person residing in and sharing with the officer or employee the expenses of the household. (b) Rules of conduct concerning conflicts of inter- est. (1) Sales to the city. No officer or employee, or rela- tive of such officer or employee, shall have a fi- nancial interest in the sale to the city of any real or personal property, equipment, material, sup- plies or services, except personal services pro- vided to the city as an officer or employee, if: a. such officer or employee is a member of the Council; b. such officer or employee exercises, directly or indirectly, any decision -making author- ity concerning such sale; or C. in the case of services, such officer or em- ployee exercises any supervisory authority over the services to be rendered to the city. (2) Purchases from the city. No officer, employee or relative shall, directly or indirectly, purchase any real or personal property from the city, ex- cept such property as is offered for sale at an es- tablished price, and not by bid or auction, on the same terms and conditions as to all members of the general public. (2) the interest that an officer, employee or relative (3) has in the receipt of public services when such services are generally provided by the city on the same terms and conditions to all similarly situ- ated citizens; or (3) the interest that an officer or employee has in the compensation, benefits, or terms and condi- tions of his or her employment with the city. Interests in other decisions. Any officer or em- ployee who has, or whose relative has, a finan- cial or personal interest in any decision of any public body of which he or she is a member or to which he or she makes recommendations, shall, upon discovery thereof, disclose such in- terest in the official records of the city in the manner prescribed in subsection (4) hereof, and shall refrain from voting on, attempting to influ- ence, or otherwise participating in such decision in any manner as an officer or employee. supp. No. 45 15 .w Art. IV, § 9 FORT COLLINS CODE (4) Disclosure procedure. If any officer or employee has any financial or personal interest requiring disclosure under subsection (3) of this section, such person shall immediately upon discovery thereof declare such interest by delivering a writ- ten statement to the City Clerk, with copies to the City Manager and, if applicable, to the chairperson of the public body of which such person is a member, which statement shall con- tain the name of the officer or employee, the of- fice or position held with the city by such per- son, and the nature of the interest. If said officer or employee shall discover such financial or per- sonal interest during the course of a meeting or in such other circumstance as to render it practi- cally impossible to deliver such written state- ment prior to action upon the matter in ques- tion, said officer or employee shall immediately declare such interest by giving oral notice to all present, including a description of the nature of the interest. (5) Violations. Any contract made in violation of this Section shall be voidable by the city. If voided within one (1) year of the date of execu- tion thereof, the party obtaining payment by reason of such contract shall, if required by the city, forthwith return to the city all or any desig- nated portion of the monies received by such individual from the city by reason of said con- tract, together with interest at the lawful maxi- mum rate for interest on judgments. (Res. No. 71-12, 2-II-71, approved, election 4-6-71; Ord. No. 155, 1988, 12-20-88, approved, election 3-7- 89; Ord. No. 10, I997, § 1, 2-4-97, approved, election 4-8-97) Section 10. Penalties for violation of Charter Any violation of a provision of this Charter shall be deemed a misdemeanor. Any person convicted of such violation may be punished by a fine or impris- onment, or by both such fine and imprisonment, the maximum amount and term of which shall be no less than that established by ordinance for misdemeanor violations of the city Code. Said maximum penalty shall be set by the Council by ordinance. Any officer or employee of the city convicted of such a violation shall be deprived of his or her office or employment and shall be ineligible to any city office or employ- ment for two (2) years thereafter. (Ord. No. 202, 1986, § 1, Part X, 12-16-86, approved, election 3-3-87; Ord. No. 162, 1988, I2-20-88, ap- proved, election 3-7-89) Section 11. Construction of words. Whenever such construction is applicable, words used in this Charter importing singular or plural num- ber may be construed so that one (1) number includes both; words importing masculine gender may be con- strued to apply to the feminine gender as well; and the word "person" may extend to and include firm and corporation; provided that these rules of construction shall not apply to any part of this Charter containing express provisions excluding such construction or where the subject matter or context is repugnant thereto. (Ord. No. 19, 1997, § 1, 2-4-97, approved, election 4- 8-97) Section 12. Construction of Charter. In the event any section or part of a section of this Charter shall be declared unconstitutional or invalid by a court of competent jurisdiction, the validity of the remaining sections and parts of sections shall not be affected thereby. Section 13. Outgoing officers. All officers of the city whose terms of office termi- nate shall deliver to their successors all papers, rec- ords, and property of every kind in their possession or custody by virtue of their office, and shall account to them or to any authority designated by the Council, for all funds, credits, or property of any kind with which they are properly chargeable as such officials. Section 14. Eminent domain. In carrying out the powers and duties imposed upon it by this Charter or by the general statutes, the city shall have power to acquire within or without its corporate limits lands, buildings, and Suop. No. 45 16