HomeMy WebLinkAbout09112As Amended
March 27, 2017
ORDINANCE NO. 9112
AN ORDINANCE AMENDING CHAPTER 9, TITLE I OF
THE PUEBLO MUNICIPAL CODE RELATING TO THE
CODE OF ETHICS FOR THE CITY OF PUEBLO AND
PROVIDING PENALTIES FOR THE VIOLATION
THEREOF
WHEREAS, the City Council of Pueblo recognizes that the conduct of City officials
and employees must hold the respect and confidence of the people; and
WHEREAS, public confidence in the integrity of City government demands that
City officials and employees demonstrate high ethical standards at all times; and
WHEREAS, Article XXIX of the Colorado Constitution and Articles 6, 18, and 18.5
of Title 24, Colorado Revised Statutes, set forth standards of conduct common to those
citizens involved with government in the State of Colorado; and
WHEREAS, although such standards of conduct are drafted to be applicable to
home rule cities, since they relate to local and municipal matters which are by Article XX
of the Colorado constitution reserved to home rule cities, a question exists as to their
applicability to the City of Pueblo; and
WHEREAS, City officials and employees should have the benefit of prescribed
uniform standards of conduct and citizens should have the benefit of holding City official
s and employees accountable for a breach of those standards; and
WHEREAS, it is the intent of the City Council of Pueblo to adopt this Code of Ethics
as a uniform standard of conduct for City official s and employees in furtherance of the
public trust; and
WHEREAS, all matters referred to herein are expressly and specifically declared
to be matters of exclusive home rule authority and supersede any other state statute; and
WHEREAS, this Code of Ethics addresses the matters contained within Article
XXIX of the Colorado Constitution, and therefore supersedes by its own terms Article
XXIX. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate
matter being deleted, underscoring indicates new matter being added.)
SECTION 1.
Chapter 9, Title I of the Pueblo Municipal Code, is hereby amended to read as
follows:
Code of Ethics
Article 1
Sec. 1-9-1. Legislative declaration.
The City Council recognizes the importance of the participation of the citizens of
the City in all levels of government in the City. The City Council further recognizes that,
when citizens of the City obtain public office, conflicts may arise between the public duty
of such a citizen and his or her private interest. The City Council hereby declares that the
prescription of uniform standards of conduct for City officials and employees consistent
with those applicable to local governments adopted by the Colorado legislature is
beneficial to the citizens of the City. The provisions of this Chapter recognize that some
actions are conflicts per se between public duty and private interest while other actions
may or may not pose such conflicts depending upon the surrounding circumstances.
(a) Mission Statement: A mission of the City of Pueblo is to assure that
the public has confidence in the integrity of all aspects of City government and the
Public Servants that exercise discretionary powers.
(b) Framework and Purpose of Code of Ethics.
(1) Framework. This Code of Ethics should evoke a commitment
to maintain high ethical standards. The following provisions form the
framework of the essential principles of Pueblo public service conduct and
ethics:
a. Public Interest. Treat public service as a public trust, only
using the power and resources of public service to advance public
interest and not to attain personal or private benefit.
b. Objective Judgment. Employ independent, objective
judgment in performing duties, deciding all matters on the merits, free
from avoidable conflicts of interest and both real and apparent
improper influences.
c. Accountability. Assure that government is conducted
openly, efficiently, equitably and honorably in a manner that permits
the citizenry to make informed judgments and hold Public Servants
accountable.
d. Democratic Leadership. Honor and respect the
principles and spirit of representative democracy and set a positive
example of good citizenship by scrupulously observing the letter and
spirit of laws and rules.
e. Respectability. Safeguard public confidence in the
integrity of government by being honest, fair, caring and respectful,
and by avoiding conduct creating the appearance of impropriety or
which is otherwise unbefitting a Public Servant.
(2) Purpose of Code of Ethics. The purpose of the Code of Ethics
is to:
a. State principles of conduct and ethics which are to be
applied in public service;
b. Help motivate Public Servants to pursue productive
conduct and ethical ideals which exceed minimum standards;
c. Provide a process by which Public Servants may identify
and resolve conduct and ethical issues;
d. Identify minimum standards of ethical conduct for Public
Servants;
e. Inform the public of the minimum standards to which
their Public Servants are expected to adhere;
f. Promote public confidence in the integrity of Public
Servants;
g. Encourage members of the public to serve Pueblo and its
public by seeking public office or employment and to take pride in
participating in the governmental process;
h. Establish penalties, when appropriate, for Public
Servants who violate the public trust; and
i. Protect to the fullest extent possible the rights of all
individuals who are subject in any way to the provisions of the Code
of Ethics.
Sec. 1-9-2. Definitions.
As used in this Chapter, unless the context otherwise requires:
(1) Boards and commissions means all boards and commissions appointed by
the City Council.
(2) Business means any corporation, limited liability company, partnership, sole
proprietorship, trust or foundation, or other individual or organization carrying on a
business, whether or not operated for profit.
the
(3) City official means an elected or appointed official of the City, including
City Manager, a deputy city manager, an assistant city manager, a department
director and
appointed members of boards and commissions, but excluding an
employee of the City.
(4) Compensation means any money, thing of value or economic benefit
conferred on or received by any person in return for services rendered or to be rendered
by himself or herself or another.
(5) means an unmarried adult, unrelated by blood, with
Domestic partner
whom an unmarried employee has an exclusive committed relationship, maintains
a mutual residence, and shares basic living expenses.
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(6)
(5) Employee means any temporary or permanent employee of the City
but excluding a City official and excluding employees of the Board of Water Works
of Pueblo, Colorado.
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(7)
(6) Family meansspouse, child, father, mother, brother or sister
domestic partner and any person related by blood, marriage (in-law), step or
adoption, in any of the following degrees: parent, spouse, children, brothers,
sisters, nephews, nieces, aunts, uncles, first cousins, grandparents and
grandchildren. A divorce or separation between spouses shall not be deemed to
terminate the relationships described herein.
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(8)
(7) Financial interest means a substantial interest held by an individual
which is:
a. An ownership interest in a business;
b. A creditor interest in an insolvent business;
c. An employment or a prospective employment for which negotiations
have begun;
d. An ownership interest in real or personal property;
e. A loan or any other debtor interest; or
f. A directorship or official ship in a business.
(9)
Official act or official action means any vote, decision, recommendation,
approval, disapproval or other action, including inaction, which involves the use of
discretionary authority.
Sec. 1-9-3. Public trust; breach of fiduciary duty.
(a) The holding of public office or employment is a public trust, created by the
confidence which the electorate reposes in the integrity of City officials and employees.
A City official or employee shall carry out his or her duties and services in a competent,
unbiased, open and honest manner for the benefit of the people of the City and shall
maintain the highest standards of personal and professional conduct, decorum and
integrity.
(b) A City official or employee whose conduct departs from his or her fiduciary
duty is liable to the people of the City as a trustee of property and shall suffer such other
liabilities as a private fiduciary would suffer for abuse of his or her trust. The City Attorney
may bring appropriate judicial proceedings on behalf of the people of the City. Any
moneys collected in such actions shall be paid to the general fund of the City. Judicial
proceedings pursuant to this Section shall be in addition to any criminal action which may
be brought against such City official or employee.
Sec. 1-9-4. Rules of conduct for all City officials and employees.
(a) Proof beyond a reasonable doubt of commission of any act enumerated in
this Section is proof that the actor has breached his or her fiduciary duty and the public
trust. A City official or an employee shall not:
(1) Disclose or use confidential information acquired in the course of his
or her official duties in order to further substantially his or her personal financial
interests; or
(2) Accept a gift of substantial value or a substantial economic benefit
tantamount to a gift of substantial value:
a. Which would tend improperly to influence a reasonable
person in his or her position to depart from the faithful and impartial
discharge of his or her public duties; or
b. Which he or she knows or which a reasonable person in his
or her position should know under the circumstances is primarily for the
purpose of rewarding him or her for official action he or she has taken.
(b) An economic benefit tantamount to a gift of substantial value includes
without limitation a loan at a rate of interest substantially lower than the commercial rate
then currently prevalent for similar loans and compensation received for private services
rendered at a rate substantially exceeding the fair market value of such services.
(c) The following shall not be considered gifts of substantial value or gifts of
substantial economic benefit tantamount to gifts of substantial value for purposes of this
Section:
(1) Campaign contributions and contributions in kind reported as
required by Section 5-2-1;
(2) An occasional nonpecuniary gift, insignificant in value;
(3) A nonpecuniary award publicly presented by a nonprofit organization
in recognition of public service;
(4) Payment of or reimbursement for actual and necessary expenditures
for travel and subsistence for attendance at a convention or other meeting at which
such City official or employee is scheduled to participate;
(5) Reimbursement for or acceptance of an opportunity to participate in
a social function or meeting which is offered to such City official or employee which
is not extraordinary when viewed in light of the position held by such City official
or employee;
(6) Items of perishable or nonpermanent value, including, but not limited
to, meals, lodging, travel expenses or tickets to sporting, recreational, educational
or cultural events;
(7) Payment for speeches, appearances or publications reported
pursuant to Section 24-6-203, C.R.S.;
(8) Compensation from employment, including other government
employment, in addition to that earned from being a member of the City Council or
by reason of service in other public office.
(d) The provisions of this Section are distinct from and in addition to the
reporting requirements of Section 5-2-1 of this Code and Section 24-6-203, C.R.S. and
do not relieve an incumbent in or elected candidate to public office of the City from
reporting an item described in Subsection (c) of this Section, if such reporting provisions
apply.
Sec. 1-9-5. Ethical principles.
(a) The principles in this Section are intended as guides to conduct and do not
constitute violations as such of the public trust of office or employment in the City.
(b) A City official or an employee should not acquire or hold an interest in any
business or undertaking which he or she has reason to believe may be directly and
substantially affected to its economic benefit by official action to be taken by an agency,
official or employee over which he or she has substantive authority.
(c) A City official or an employee should not, within six (6) months following the
termination of his or her office or employment, obtain employment in which he or she will
take direct advantage, unavailable to others, of matters with which he or she was directly
involved during his or her term of employment. These matters include rules, other than
rules of general application, which he or she actively helped to formulate and applications,
claims or contested cases in the consideration of which he or she was an active
participant.
(d) A City official or an employee should not perform an official act directly and
substantially affecting a business or other undertaking to its economic detriment when he
or she has a substantial financial interest in a competing firm or undertaking.
Sec. 1-9-6. Disclosure of information.
No City official or employee shall disclose any information or records that
are not available to the public, which were acquired in the course of public office
duties, except in the performance of public office duties or as required by law or
court order. Records or discussions of an executive session of City Council or a
board or commission shall not be disclosed except pursuant to Section 24-6-
402(2)(d.5)(II)(D), C.R.S.
Sec. 1-9-7. Personal interest rules of conduct for City officials and employees.
(a) Proof beyond a reasonable doubt of commission of any act enumerated in
this Section is proof that the actor has breached his or her fiduciary duty and the public
trust.
(b) A City official or employee and members of City Boards and Commissions
shall not:
(1) Engage in a substantial financial transaction for his or her private
business purposes with a person whom he or she inspects or supervises in the
course of his or her official duties; or
(2) Perform an official act directly and substantially affecting to its
economic benefit a business or other undertaking in which he or she or his or her
family either has a substantial financial interest or is engaged as counsel,
consultant, representative or agent.
(c) A member of the City Council who or whose family has a personal or private
interest in any matter proposed or pending before the City Council shall disclose such
interest to the City Council and shall not vote thereon and shall refrain from attempting to
influence the decisions of the other members of the City Council in voting on the matter.
(d) It shall not be a breach of fiduciary duty and the public trust, nor a 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 official s. Notwithstanding this subsection (II), City Council
members pay shall be established pursuant to section 2-1 of the Charter of
the City of Pueblo.
Sec. 1-9-8. Penalty.
Any individual who is found to have violated any provision of this Code of
Ethics shall be liable to the City for double the amount of financial equivalent of
any benefits obtained by such actions. The manner of recovery and any additional
penalties may be as provided by law. City employees and non-elected City officials
who violate this Code of Ethics are also subject to appropriate disciplinary action,
up to and including termination of employment.
Sec. 1-9-9. Powers of the City Attorney.
The City Attorney may issue advisory opinions to persons subject to the provisions
of this Chapter concerning issues relating to the requesting person's conduct and the
provisions of this Chapter with such deletions as are necessary to protect the identity of
the requesting party or the party about whom the opinion is written. The requesting
person may also request an advisory opinion from the Secretary of State pursuant to
Section 24-18-111, C.R.S.
Sec. 1-9-10. Interests in contracts.
City officials or employees shall not be interested in any contract made by them in
their official capacity or by any body, agency or board of which they are members or
employees. A former employee may not, within six (6) months following the termination
of his or her employment, contract or be employed by an employer who contracts with the
City involving matters with which he or she was directly involved during his or her
employment. For purposes of this Section, the term:
(1) Be interested in does not include holding a minority interest in a corporation.
(2) Contract does not include:
a. Contracts awarded to the lowest responsible bidder based on
competitive bidding procedures;
b. Merchandise sold to the highest bidder at public auctions;
c. Investments or deposits in financial institutions which are in the
business of loaning or receiving monies;
d. A contract with respect to which any City official or employee has
disclosed a personal interest and has not voted thereon. Any such disclosure shall
be made to the City Council.
Sec. 1-9-11. Interest in sales or purchases.
(a) City officials shall not be purchasers at any sale or vendors at any purchase
made by them in their official capacity.
(b) Notwithstanding anything contained in this Chapter to the contrary, no City
official or employee of the City shall be financially interested, directly or indirectly, in the
sale of any land, materials, supplies or services to the City, except it be by competitive
bidding or not exceeding the sum of one hundred dollars ($100.00) in any calendar year;
in cases of emergency necessary to protect the public health, safety and welfare,
competitive bidding may be waived. Members of boards or commissions shall be
permitted to provide technical or professional services to the City where such services
are exempt from the requirements of competitive bidding.
Sec. 1-9-12. Voidable contracts.
Every contract made in violation of any of the provisions of Section 1-9-10 or 1-9-
11 shall be voidable at the instance of any party to the contract except the City official
interested therein.
Sec. 1-9-13. Applicability.
This Chapter shall apply to all elected and appointed officials of the City, all
employees of the City and all City boards and commissions. This Chapter is intended to
conform, as nearly as may be, to Article 18, Title 24, C.R.S. To the end that the
interpretation of this Chapter shall be uniform with the interpretation of such state law, the
content of each section have, as near as practicable, been kept consistent with such state
law applicable to local government officials, employees and boards and commissions.
However, all matters referred to herein are expressly and specifically declared to be local
and municipal matters under Article XX of the Constitution of the State, and in the event
of conflict between this Chapter and Article 18, Title 24, C.R.S., this Chapter shall govern
and control.
Secs. 1-9-14 – 1-9-19. Reserved.
Article II.
Nepotism and Fraternization
Sec. 1-9-20. Definitions.
As used in this Article, unless the context otherwise requires:
(1) shall mean the immediate supervisor
Direct line of supervision
of an employee and the immediate supervisor of the employee's immediate
supervisor.
(2) means dating or any other intimate
Personal relationship
relationship beyond mere friendship and excluding domestic partner or
spouse.
(3) means domestic partner and any person related by
Relative
blood, marriage (in-law), step or adoption, in any of the following degrees:
parent, spouse, children, brothers, sisters, nephews, nieces, aunts, uncles,
first cousins, grandparents and grandchildren. A divorce or separation
between spouses shall not be deemed to terminate the relationships
described herein.
(4) means an employee who is subject to the authority
Subordinate
of a supervisor.
(5) means a City official who has authority to undertake
Supervisor
or recommend tangible employment decisions affecting an employee or who
has authority to direct, in part or whole, the employee's work activities.
Sec. 1-9-21. Restrictions.
(a) City officials are prohibited from occupying a position in the
direct line of supervision with respect to any employee who is a relative. The
City shall attempt to take steps to mitigate or avoid such violations whenever
reasonably possible. If circumstances require that a City official temporarily
occupy a position in direct line of supervision of a relative, reasonable
efforts shall be made to refer matters involving the involved employee to an
uninvolved supervisor.
(b) A City official is prohibited from engaging in or maintaining a
personal relationship with any subordinate employee of the City official.
(c) City officials are prohibited from participating in appointments,
promotions, or other hiring decisions with respect to any employee who is a
relative or with whom they are involved in a personal relationship.
Sec. 1-9-22. City official responsibility.
Upon entering into any personal relationship that the City official knows or
reasonably should know could create a violation of this Article II, the City official
shall promptly notify his or her uninvolved, immediate supervisor.
Sec. 1-9-23. Exemption.
City officials shall be exempt from the prohibition set forth in subsection 1-
9-31(a) with respect to any relative who is an employee of the City as of the effective
date of subsection 1-9-21(a). The scope of this exemption will be limited to the
positions held by the City official and the City official’s relative(s) on said effective
date and shall not apply to any change in such positions.
Sec. 1-9-24. Waiver.
When there is a change in the individuals constituting the relatives of a City
official which would result in a violation of subsection 1-9-21(a), the City official
may request a waiver of the prohibition set forth in subsection 1-9-21(a). Such
request shall be submitted to and may be granted by the City Manager where the
City official establishes:
(1) a waiver will be in the best interest of the City; and
(2) the City official can and will abstain from participating in any
employment decision affecting the relative or appropriate measures can be
implemented to reasonably mitigate any conflict of interest.
Secs. 1-9-25 – 1-9-29. Reserved.
Article III.
Complaint Procedure
Sec. 1-9-30 Complaints against City officials and employees.
(1) Any person may file a verified written complaint with the City Manager
charging a failure to comply with a provision of this Code of Ethics by a City
employee (other than a Municipal Judge or an elected City official ) and non-elected
City officials. The City Manager shall investigate or direct a department head of the
City to investigate such a complaint. Nothing in this subsection shall limit City
Council’s ability to investigate pursuant to Section 3-5 of the Charter of the City of
Pueblo.
(2) Any person may file a verified written complaint with the President of
the City Council charging a failure to comply with a provision of this Code of Ethics
by the City Manager, a Municipal Judge or elected City officials. The President of
the City Council shall investigate such a complaint. If the complaint is against the
President of the City Council, the complaint shall be filed with and investigated by
the Vice-President of the City Council. If an ethics complaint is filed against a
member of the City Council, that member shall be prohibited from investigating or
voting to take action on the complaint.
(3) Complaints which fail to state a claim of a violation of this Code of
Ethics shall be dismissed.
(4) Any complaint against a City employee and any action taken with
respect thereto (including, but not limited to, documents placed in the City
employee’s personnel file) shall remain confidential, unless confidentiality is
waived by the City employee.
SECTION 2.
The officials and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance which are necessary to implement the
changes to the Pueblo Municipal Code described herein.
SECTION 3.
This Ordinance shall become effective thirty (30) days following final passage and
approval.
INTRODUCED March 13, 2017
BY: Ed Brown
PASSED AND APPROVED: March 27, 2017
City Clerk’s Office Item # R-9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 13, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING CHAPTER 9, TITLE I OF THE PUEBLO
MUNICIPAL CODE RELATING TO THE CODE OF ETHICS FOR THE CITY OF
PUEBLO AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF
SUMMARY:
Attached is an Ordinance which makes revisions to the City’s Ethics Code which is found at
Chapter 9 of Title I of the Pueblo Municipal Code. The attached Ordinance adds clarifying
language to the Ethics Code and adds an Article II which addresses nepotism and fraternization.
PREVIOUS COUNCIL ACTION:
The City’s Code of Ethics was last revised by City Council by Ordinance No. 7484, dated July 10,
2006.
BACKGROUND:
The Code of Ethics Task Force of Pueblo, Colorado (“CETF”) is a citizen’s group organized by
civic activist Ted Freeman for the purpose of studying and updating the City’s Code of Ethics.
Many of CETF’s suggestions are incorporated in the proposed Ordinance, particularly those
addressing the procedure for filing an ethics complaint and the imposition of penalties for City
employees who violate the City’s Code of Ethics.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Council members and City staff have met with CETF representatives on many occasions
regarding the City’s Code of Ethics.
ALTERNATIVES:
Make no changes to the City’s current Code of Ethics.
RECOMMENDATION:
Approval of this Ordinance.
Attachments: Proposed Ordinance