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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.