Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.66 RULES OF BEHAVIOR FOR ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES
2.66.030 Compliance with other laws.
2.66.060 Conflicts of Interest.
2.66.070 Appearance of impropriety.
2.66.080 Quasi-judicial decisions.
2.66.090 Procedure for reporting and investigation.
The purpose of this Chapter is:
A. To promote public confidence in City government;
B. To ensure that elected officials of the City do not accrue advantages by virtue of their office which are not available to others;
C. To provide guidance to the Mayor, members of the City Council, members of City boards and commissions and City employees; and
D. To comply with Section 3.06 of the Charter, by establishing rules of behavior for City elected officials and board members.
As used in this Chapter, the following terms shall have the following meanings unless it is apparent from the context that a different meaning is intended:
A. "Board" means any appointive board or commission or other appointive body or authority of the City established by Charter, ordinance or resolution.
B. "Board member" means a regular or alternate member of a board appointed by the City Council.
C. "Confidential information" means information which is not available to the general public under applicable laws, ordinances, and regulations and which is obtained by reason of the elected official's, board member's, or employee's position with the City. In the event the information is in written form, the document containing said information shall be marked "confidential." If the document is not so marked, the information contained therein shall not be deemed to be confidential information. Any person creating a document containing information of a confidential nature shall be responsible for marking the document as "confidential."
D. "Conflict of interest" means a personal interest of an elected official, board member, employee or any relative of the foregoing which interferes with or influences, or may interfere with or influence, or which may reasonably be perceived by the public as interfering with or influencing, the conduct of the duties or the exercise of the powers of the elected official, board member or employee on behalf of the City.
E. "Contract" means any arrangement or
agreement pursuant to which any material, service or other thing of value is to
be furnished to the City for a valuable consideration to be paid by the
City or is to be sold or transferred by the City, provided the amount involved
is more than one hundred dollars ($100.00).
F. "Councilmember" means any member of the City Council.
G. "Direct financial interest" means any interest by which a person, his or her relative, or his or her designee business association could gain or lose money or anything of value other than as may naturally accrue generally to all residents of the City by reason of such residence in the City.
H. "Elected official" means the Mayor or any Councilmember.
I. “Employee” means any person employed by the City on a full-time or part-time basis, with the exception of independent contractors.
J. "Interest" means a pecuniary, property, or commercial interest, or any other interest the primary significance of which is economic gain or the avoidance of economic loss to an elected official, board member, his or her relative, or his or her designee;. provided, however, that "interest" shall not include any matter involving the common public good or necessity, or any matter in which a similar benefit is conferred to all persons or property similarly situated; and further, that ownership individually or in a fiduciary capacity of any securities, or of any beneficial interest in securities, of a corporation shall not be deemed to create an "interest" in the corporation unless the aggregate amount of such securities, or interest in such securities, amount to five percent (5%) or more of any class of the securities of the corporation then outstanding or constitutes a controlling interest in the corporation.
K. "Relative" means the spouse or the minor child of an elected official, board member or employee.
2.66.030 Compliance with other laws.
The requirements of this Chapter shall be in addition to the applicable requirements of the Charter and the laws of the state of Colorado. To the extent any conflict exists between this Chapter and the laws of the state of Colorado, this Chapter shall apply. To the extent any conflict exists between this Chapter and the Charter, the Charter shall apply. To the extent any conflict exists between the Charter and the laws of the state of Colorado, the Charter shall apply.
A. No elected official, board member or employee shall have or acquire any direct financial interest in any contract with the City.
B. No elected official, board member or employee shall knowingly use any confidential information to further the interest of the elected official, board member or employee, or any relative thereof.
C. No elected official, board member or employee shall disclose any confidential information to persons not entitled to such information, except as required by law; provided, however, that any person may disclose confidential information if the City Council authorizes such disclosure pursuant to Section 2.04.210(C), or the District Court has determined, pursuant to the provisions of Section 2.04.210(D), that an executive session was either unauthorized, improperly convened or conducted, or that information conveyed or received at any executive session was improperly classified as confidential or privileged.
D. No elected official, board member or employee shall, in his or her official capacity, participate in any discussion of, take any final action on, or vote to render any final decision or determination on, any matter in relation to which the elected official, board member or employee has a conflict of interest.
E. No elected official, board member or employee shall receive any compensation, gift, payment of expense, reward, gratuity, or any item of value tendered by a person who has an interest in any matter pending before the City which, in the judgment of a reasonably prudent person, would tend to impair the elected official's, board member's or employee's independence or impartiality of judgment in the performance of the elected official's, board member's or employee's official duties with regard to any such pending matter. The following shall not be prohibited under this subsection:
1. Campaign contributions reported as required by law;
2. An occasional nonpecuniary gift, having a fair market value less than fifty dollars ($50.00);
3. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service;
4. Payment of or reimbursement for actual necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which such elected official, board member 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 an elected official, board member or employee which is not extraordinary when viewed in light of the position held by such elected official, board member 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, debates, or other public events, reported as honoraria;
8. Payment of salary from employment, including other government employment, in addition to that earned from being an elected official, board member or employee; or
9. Any scholarship, including those funded by the City, to a relative of any elected official, board member or employee.
F. No elected official, board member or employee shall appear on behalf of a private interest before the City Council or any board, unless otherwise permitted by the Charter or ordinances, except that any elected official, board member or employee may appear before the City Council or any board on his or her own behalf. Nothing herein shall preclude an elected official, board member or employee in the same manner and under the same circumstances as any other person, from appearing before the City Council or a board on an application of the elected official, board member or employee for a permit, license, or other approval of the City Council or board required by law, or on a matter of general interest.
G. No elected official, board member or employee shall represent any private interest, other than the elected official's, board member's or employee's own interest, against the interest of the City in any civil litigation to which the City is a party, unless the consent of the City Council is first obtained, except that any elected official, board member or employee may testify under oath if subpoenaed.
H. In addition to the restrictions on employment imposed on elected officials for one year following their terms of office as set forth in Section 3.07 of the Charter, no elected official or board member shall at any time within six (6) months following termination of the office or employment, obtain employment in which the elected official or board member will take direct advantage, unavailable to others, of matters with which the elected official or board member was directly involved during his or her term of office with the City.
I. No elected official, board member or employee shall use any City property or employee services for personal gain or advantage except in the same manner and under the same circumstances as any other person who is not an elected official, board member or employee.
J. No elected official or board member shall vote on any question concerning the elected official's or board member's own conduct.
A. Any Councilmember, the Mayor, or the City Manager may request in writing an advisory opinion with respect to this Chapter from the City Attorney. The advisory opinion shall be in writing and the person requesting the opinion or the City Manager may require that all or portions of the opinion remain confidential. Confidentiality shall only be applied to the extent that a person acts in accordance with the opinion.
B. The Greenwood Village Municipal Judge shall maintain the consent of one or more attorneys licensed to practice law in the state of Colorado with demonstrated expertise in ethics or municipal matters, to provide advisory opinions with respect to this Chapter. The reasonable expense and fees for such opinions shall be paid by the City, and the names of such person shall be provided to the City Council, the City Manager and the City Attorney.
C. At least three (3) Councilmembers, the City Manager or the City Attorney may request in writing an advisory opinion with respect to this Chapter from any person described in subsection B hereof. The advisory opinion shall be in writing and the City Manager or the City Council may require that all or portions of the opinion remain confidential. Confidentiality shall only be applied to the extent that a person acts in accordance with this opinion.
D. Any person who acts in accordance with an advisory opinion issued under this Section shall not be guilty of violating this Chapter.
2.66.060 Conflicts of interest.
A. An elected official who knowingly has a conflict of interest in relation to a matter pending before the City Council shall make full and complete disclosure of the conflict of interest to the City Council.
B. When it appears to the City Council that an elected official may have a conflict of interest which has not been disclosed, an advisory opinion may be requested pursuant to Section 2.66.050 as to whether the elected official has a conflict of interest. If the advisory opinion is that a conflict of interest exists, no vote shall be recorded for the elected official, consistent with Section 6.02 of the Charter.
C. The elected official with a conflict of interest shall not vote on or be present on the dais during or participate in consideration of the matter in relation to which a conflict of interest is disclosed or established prior to any vote.
D. Subsections A through C hereof shall apply to board members and boards. When it appears that a board member may have a conflict of interest which has not been disclosed, the board may request that the City Manager seek an advisory opinion pursuant to Section 2.66.050 as to whether a board member has a conflict of interest. If the advisory opinion is that a conflict of interest exists, no vote shall be recorded for the board member. No vote shall be recorded for a board member who refused to vote because of a conflict of interest.
2.66.070 Appearance of impropriety.
To maintain confidence in government, each elected official, board member and employee shall, in the performance of services for the City, seek to avoid the appearance that a conflict of interest exists or that a City office or position is being used for personal interest.
2.66.080 Quasi-judicial decisions.
Each elected official and board member shall be and remain impartial when making any quasi-judicial decision. Any elected official or board member who cannot be impartial in making a quasi-judicial decision shall not vote on, be on the dais during, or participate in consideration of the matter upon which a quasi-judicial decision is to be made. The City Attorney shall provide affected elected officials and board members with advice on what constitutes a quasi-judicial decision.
2.66.090 Procedure for reporting and investigation.
A. Any elected official, board member, or
employee who becomes aware of alleged or suspected facts which would lead the
person to believe that an elected official, board member, or employee has
violated any provisions of this Chapter or the Charter or the laws of the
state of Colorado, shall report such facts to the City Manager who shall in turn
report the matter to the City Attorney. If the alleged or suspected facts
involve the City Manager, the matter shall be reported to the Mayor. If the
alleged or suspected facts involve an elected official, the matter shall be
reported to a Councilmember who is not involved in the alleged or suspected
facts.
B. All information reported to the City Manager, Mayor, Councilmember or City Attorney pursuant to this Section shall be confidential and shall not be disclosed to any person other than as necessary for the investigation of the allegations or suspicions and, in the event the allegations or suspicions are believed by the City Attorney to be based on fact and to constitute a violation of this Chapter, or the Charter or state law, to the City Council pursuant to this Section.
C. Upon receipt of a report from the City Manager, Mayor or Councilmember, the City Attorney shall contact the complainant and request that the allegations be placed in writing. The City Attorney shall investigate such allegations only where the allegations have been placed in writing and signed by the complainant, and affirmed under oath if the City Attorney determines that such verification is appropriate; or where the City Attorney is personally aware of the factual basis of an allegation or suspicion that the provisions of this Chapter, the Charter or state law have been violated; or where the City Attorney agrees that disclosure of the complainant's identity (only in cases where the complainant is an employee) might result in reprisal against the employee, in which case the City Attorney's memorandum to such effect shall be sufficient.
D. In conducting the investigation, the City Attorney shall:
1. Discuss the substance of the allegations or suspicions with the elected official, board member or employee unless there is good cause to believe, and the City Attorney so certifies by memorandum, that disclosure of the allegation may result in destruction of records or evidence of criminal acts or misconduct by the elected official, board member or employee; and
2. Conduct such other investigation, including the interviewing of witnesses, as the City Attorney deems appropriate to determine if there is a factual basis to believe the allegations are well-founded. Witness statements shall be accepted and utilized by the City Attorney in the investigation and analysis only where the witness statements are in writing and signed by the witness, or affirmed under oath if the City Attorney determines such verification is appropriate.
E. The City Attorney shall proceed with the investigation until one of the following resolutions of the matter is achieved:
1. A finding that the suspicion or allegation is unfounded, meaning that the City Attorney finds that no credible evidence exists upon which a reasonable person could find a violation of law or regulation; in which case the City Attorney shall inform any person referred to above that has knowledge of the suspected or alleged matter of the finding;
2. A finding that the suspicion or allegation may constitute criminal misconduct subject to prosecution by the District Attorney or other law enforcement agency, in which case the City Attorney shall immediately provide the investigative files and papers concerning the matter to the appropriate law enforcement agency, and shall also report such findings and the action taken thereon to the City Council at a regular or special meeting; or
3. A finding that the City Attorney believes a
conflict of interest or ethical violation does exist, but which does not appear
to constitute a criminal misconduct, which finding shall be reported
first to the elected official, board member or employee and as soon as possible
thereafter to the City Council at a regular or special meeting.
In addition to any other penalty provided for in the Charter, this Code, or any other applicable law, any elected official, board member or employee who violates any provision of this Chapter is subject to the following penalties:
1. A violation by an elected official which is established to the satisfaction of a majority of the remaining Councilmembers shall be grounds for an official reprimand by the City Council.
2. A violation by a board member which is established to the satisfaction of a majority of the remaining members of the board shall be grounds for an official reprimand by the board or by the City Council, or both. The City Council may also remove such member from the board and appoint another person to finish the term of the board member removed.
3. Any person who knowingly or intentionally violates any provision of subsection A, B, D, E, F, G, H, I or J of Section 2.66.040 shall be deemed guilty of a violation of this Code and, upon conviction thereof, shall be punishable by a fine not to exceed nine hundred ninety-nine dollars ($999.00), or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment. Each separate day or any portion thereof during which violation occurs or continues shall be deemed to constitute a separate offense. In the event an elected official or board member is charged in Municipal Court with a violation of Section 2.66.040, the Municipal Judge shall recuse himself or herself and an independent judge shall be retained by the City to preside in place of the Municipal Judge.
4. Any elected official who knowingly permits the City to enter into any contract in which the elected official has a pecuniary interest, without disclosing such interest to the City Council prior to the action of the City Council authorizing such contract, shall be guilty of misconduct in office. If such elected official is found, after notice and public hearing, to be guilty of misconduct in office, such elected official shall be punished by forfeiture of the elected official's office as authorized by Section 3.08 of the Charter. The public hearing shall be held upon thirty (30) days prior written notice to the elected official which notice shall fully set forth the charges against such elected official. The hearing shall be conducted in accordance with Section 3.08 of the Charter.
5. The penalties provided for in this Section shall not preclude the application of any other penalty or remedy provided for by law. (Ord. 2007-4; Ord. 1996-33 § 3; Ord (Ord. 1992-30 (part))