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(c) Section 1 -9 -6 is repealed and deleted in its entirety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(d) Section 1 -9 -8 is repealed and deleted in its entirety: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-