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HomeMy WebLinkAbout07484ORDINANCE NO. 7484 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO THE CODE OF CONDUCT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Chapter 9 of Title I of the Pueblo Municipal Code relating to the Code of Conduct is amended as follows: (a) Section 1- 9 -2(3) is amended to read as follows (3) City official means an elected or appointed official of the City including appointed members of boards and commissions but [does not include] excluding an employee of the City. (b) Section 1- 9 -3(a) is amended to read as follows: (a) The holding of public offices or employment is a public trust, created by the confidence which the electorate repose in the integrity of City officials and employees. [A City official or employee shall carry out his or her duties for the benefit of the people of the City.] 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. (c) Section 1 -9 -6 is repealed and deleted in its entirety Sec. 1 -9 -6. [Rules of conduct for members of boards and commissions. (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. (b) 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 or her family has a direct or substantial financial interest.] Reserved (d) Section 1 -9 -8 is repealed and deleted in its entirety: Sec. 1 -9 -8. [Voluntary disclosure. A member of a board or commission, a City official or an employee may, prior to acting in a manner which may impinge on his or her fiduciary duty and the public trust, disclose the nature of his or her private interest in writing to the Secretary of State and City Clerk, listing the amount of his or her financial interest, if any, the purpose and duration of his or her services rendered, if any, and the compensation received for the services or such other information as is necessary to describe his or her interest. If he or she then performs the official act involved, he or she 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.] Reserved (e) The statutory reference set forth in Section 1 -9 -10 is amended from [Section 24 -10- 111, C.R.S.] to Section 24 -18 -111, C.R.S. (f) Section 1- 9- 10(2)d. is amended to read as follows: d. A contract with respect to which any City 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 -8]. Any such disclosure shall be made to the City Council. (g) Section 1 -9 -11 is amended to read as follows: (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 9 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 $100.00 in any calendar year, in cases of emergency necessary to protect public health, and 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 requirement of competitive bidding. SECTION 2 This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 26, 2006 BY: Randy Thurston COUNCILPERSON APPROVED: President of City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: July 10, 2006 oAd D �1 D Background Paper for Proposed ORDINANCE AGENDA ITEM # T z C T DATE: June 26, 2006 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 9 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO THE CODE OF CONDUCT ISSUE Should City Council adopt the Ordinance amending the City's Code of Conduct? RECOMMENDATION Adopt the Ordinance. BACKGROUND Based upon comments made by members of the City Council at the April 17, 2006 work session and our review of the Code of Conduct, we propose the attached Ordinance for City Council's consideration. The Ordinance amends the Code of Conduct as follows: (a) Amends the definition of "City official" to include appointed members of boards or commissions and clarifies that they are subject to the Code of Conduct the same as elected officials and employees of the City. (b) Adds that a City official or employee shall carry out his or her duties 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. (c) Section 2 -11 of the Charter prohibits City officials and employees from being financially interested, directly or indirectly, in the sale of land, materials, supplies, or services to the City except by competitive bidding, or not exceeding $100.00 in any calendar year; in cases of emergency, competitive bidding may be waived. Appointed members of boards or commissions are permitted to provide services to the City which are exempt from competitive bidding. This absolute prohibition applies notwithstanding that the City official or employee did not exercise any discretionary authority relating to the sale of land, materials, supplies or services to the City or, in case of City Council, abstained from voting thereon. (d) Section 1 -9 -8 sets forth a "safe harbor" which permits a City official or employee to act in a mannerwhich may impinge on his or her fiduciary duty and the public trust by disclosing the nature and details of the personal or private interest to the Secretary of State and City Clerk, and stating for the record the nature and details of the interest at the time of performing the official act. Section 1 -9 -8 conflicts with the requirement for a member of the City Council to disclose the personal or private interest and not to vote thereon, as well as the Charter's absolute prohibition on financial interests in the sale of land, materials, supplies or services to the City, except by competitive bidding, and has been deleted. FINANCIAL IMPACT None. -2-