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HomeMy WebLinkAbout06323"AS AMENDED" ORDINANCE NO. 6323 AN ORDINANCE AMENDING TITLE I OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO BY THE ADDITION OF A NEW CHAPTER 9 THERETO RELATING TO THE CITY OF PUEBLO CODE OF ETHICS WHEREAS, the Colorado legislature in 1988 adopted Standards of Conduct common to those citizens involved with government in the state of Colorado including a Code of Ethics and Proscribed Acts Relating To Contracts And Claims, and WHEREAS, such Standards of Conduct are intended to be uniform throughout the state of Colorado and were drafted to be applicable to public officials and employees of local governments, and WHEREAS, a uniform Standard of Conduct is beneficial not only to the citizens of the state and City but also to City officials and employees in defining and implementing uniform and understandable rules of conduct in furtherance of the public trust, 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, it is the intent of the City Council of the City of Pueblo to make such uniform state -wide Standards of Conduct with the modifications contained in this Ordinance applicable to the City of Pueblo and its officials, employees, boards and commissions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 r Title I of the 1971 Code of Ordinances of the City of Pueblo is hereby amended by the addition of a new Chapter 9 to read as follows: CHAPTER 9 CITY OF PUEBLO CODE OF ETHICS Section 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. Section 1 -9 -2. Definitions. As used in this Chapter, unless the context otherwise requires: W "Boards and commissions" means all boards and commissions appointed by the City Council. (Z "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. W "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 another. �4Z "Employee" means any temporary or permanent employee of the City. W "Family" means spouse, child, father, mother, brother or sister. -2- "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 officership in a business. "City official" means an elected or appointed official of the City but does not include an employee of the City. M "Official act" or "official action" means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority. Section 1 -9 -3. Public Trust -- Breach of Fiduciary Duty. Ua� 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 duties for the benefit of the people of the City. (b) A City official or employee whose conduct departs from his fiducim du 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 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 pu rsuant to this section shall be in addition to any criminal action which may be brought against such City official or employee. Section 1 -9 -4. Rules of Conduct For All City Officials and Employees. Ua Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. A City official or an employee shall not: -3- W Disclose or use confidential information acquired in the course of his official duties in order to further substantially his personal financial interests; or 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 position to depart from the faithful and impartial discharge of his public duties: or b. Which he knows or which a reasonable person in his position should know under the circumstances is primarily for the purpose of rewarding him for official action he has taken. ,(W 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. The following shall not be considered gifts of substantial value or ig fts of substantial economic benefit tantamount to gifts of substantial value for purposes of this section: W Campaign contributions and contributions in kind reported as required by Section 5 -2 -1; An occasional nonpecuniary gift. insignificant in value; A nonpecuniaU award publicly presented by a nonprofit organization in recognition of public service; W 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: W 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; U Items of perishable or nonpermanent value. including. but not limited to, meals. lodging, travel expenses, or tickets to sporting. recreational. educational. or cultural events: IN Payment for speeches. appearances, or Publications reported pursuant r to Section 24 -6 -203. C.R.S.: 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. Q The provisions of this section are distinct from and in addition to the reporting requirements of Section 5 -2 -1. Pueblo Municipal 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. Section 1 -9 -5. Ethical Principles. (ja 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 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 has substantive authority. Uc) A City official or an employee should not, within six months following the termination of his office or employment. obtain employment in which he will take direct advantage, unavailable to others, of matters with which he was directly involved during his term of employment. These matters include rules, other than rules of general application, which he actively helped to formulate and applications, claims, or contested cases in the consideration of which he was an active participant. U 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 has a substantial financial interest in a competing firm or undertaking Section 1 -9 -6. Rules of Conduct for Members of Boards and Commissions. U Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary_ duty. A member of a board or commission shall not perform an official act which may have a direct economic benefit on a business or other undertaking in which such member or his family has a direct or substantial financial interest. Section 1 -9 -7. Rules of Conduct for City Officials and Employees. -5- (a) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. A City official or employee shall not: W Engage in a substantial financial transaction for his private business purposes with a person whom he inspects or supervises in the course of his official duties: or M Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he or his family either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent. (jc W A member of the City Council who or whose family y as 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 votine on the matter. jd� It shall not be a breach of fiduciary dM and the public trust for a City official or employee Use City facilities or equipment to communicate or correspond with a member's constituents family members, or business associates: or Q Accept or receive a benefit as an indirect consequence of transactinu City business. Section 1 -9 -8. Voluntary Disclosure. A member of a board or commission a City official, or an employee ma, prior to acting _in a manner which may impinge on his fiduciaU duty and the public trust disclose the nature of his private interest in writing to the Secretary of State and City Clerk, listing the amount of his financial interest if any, the purpose and duration of his services rendered, if any, and the compensation received for the services or such other information as is necessary to describe his interest If he then performs the official act involved, he shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction. Ir'� Section 1 -9 -10. Powers of the City _Attorney. The City Attorney may—is advi opinions to persons subiect 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 necess= ! to .protect the identity of the requesting 12gly or the party about whom the opinion is written. The requesting person may also rec u est an advi sor p inio n from the S ec reta ry o Sta pursuant to Section 24 -10 -111. C.R.S. Section 1 -9 -11. Interests in Contracts. (a.) City officials or employees shall not be interested in any contract made by them in their official capaci1y or by any body, agency, or board of which they are members or employees. A former employee may not, within six months following the termination of his employment, contract or be employed by an employer who contracts with the City involving matters with which he was directly involved during his is employment. For purposes of this section, the term: W "Be interested in" does not include holding a minority interest in a corporation. W "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 moneys; d. A contract with respect to which any Ci y official or employee has disclosed a personal interest and has not voted thereon or with respect to which any member of the City Council has voted thereon in accordance with Section 1- 9- 7(c)(2).Anx such disclosure shall be made to the City Council. Section 1 -9 -12. Interest in Sales or Purchases. City officials shall not be purchasers at my sale or vendors at anx purchase made by them in their official capacity. IVe Section 1 -9 -13. Voidable Contracts. Every contract made in violation of any of the provisions of Section 1 -9 -11 or 1 -9 -12 shall be voidable at the .instance of any �a to the contract except the City official interested therein. Section 1 -9 -14. 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. INTRODUCED: May 11, 1998 ATTEST: , PA. City Cler By Al Gurule Councilperson APPROVED: President of th ity Co ncil IF:l