HomeMy WebLinkAbout08517ORDINANCE NO. 8517
AN ORDINANCE AMENDING CHAPTER 9 OF TITLE I OF
THE PUEBLO MUNICIPAL CODE RELATING TO THE
ETHICS CODE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets
indicate matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Subsection (d) of Section 1-9-7, Chapter 9, Title I of the Pueblo Municipal
Code, as amended, is hereby amended to read as follows:
Sec. 1-9-7. Personal interest rules of conduct for City officials and
employees.
. . .
, nor a
(d) It shall not be a breach of fiduciary duty and the public trust
violation of any provision of this Chapter,
for a City official or employee to:
(1) Use City facilities or equipment to communicate or
correspond with a member’s constituents, family members or business
associates;
(2) Accept or receive a benefit as an indirect consequence of
transacting City business; or
(3) Take direct official action on the following matters
even if the person or a relative employed by the City would benefit:
(I) The City’s annual budget or an
amendment to the annual budget; or
(II) Establishing the pay or fringe benefit plans of
City officials, employees, or officers. Notwithstanding this
subsection (II), City Council members pay shall be
established pursuant to section 2-1 of the Charter of the City
of Pueblo.
SECTION 2.
This Ordinance shall become effective thirty (30) days after final passage and
approval.
INTRODUCED: September 24, 2012
BY: Leroy Garcia
COUNCIL PERSON
PASSED AND APPROVED: October 9, 2012
Background Paper for Proposed
ORDINANCE
DATE: September 24, 2012 AGENDA ITEM # R-2
DEPARTMENT: City Council
Council Member Eva Montoya
Council Member Chris Nicoll
TITLE
AN ORDINANCE AMENDING CHAPTER 9 OF TITLE I OF THE PUEBLO MUNICIPAL
CODE RELATING TO THE ETHICS CODE
ISSUE
Should the Ethics Code be amended to allow officials and employees to take official
action on the City’s annual budget and matters establishing pay and benefits for City
employees even if the person or a relative would benefit therefrom?
RECOMMENDATION
Council Members Eva Montoya and Chris Nicoll recommend approval of the Ordinance.
BACKGROUND
During City Council’s work session on July 16, 2012, Council discussed the issue
presented where an officer or director of a non-profit corporation that receives funding
approved as part of the City budget is elected to Council. Based upon the existing
Ethics Code, the City Attorney has opined that the Council Member could not vote on
the budget, even though the funding to the non-profit constituted a very small portion of
the City budget, as well as a small portion of the non-profit’s budget.
Adoption of the annual budget is one of the most important functions performed by City
Council and its Members. Recognizing that such limiting ethics code provisions could
prevent its council members from acting on the budget as well as actions establishing
City employee salaries and benefits, the City of Denver adopted a limited exception for
these two items. Denver Code of Ordinances Sec. 2-61(e). The Ordinance before City
Council would adopt the Denver exception nearly verbatim into Pueblo’s Ethics Code,
while recognizing the limits set forth in section 2-1 of the City of Pueblo Charter.
FINANCIAL IMPACT
None anticipated.