Loading...
TC Ord. No. 1992-15 Adopting a code of ethicsTOWN OF AVON ORDINANCE NO. 92-15 SERIES OF 1992 AN ORDINANCE ADOPTING A CODE OF ETHICS FOR THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON as follows: Section 1. There is hereby added to the Avon Municipal Code a new Chapter 2.30 of Title 2, to be entitled "Town Code of Ethics", which shall read in its entirety as follows: CHAPTER 2.30 Town Code of Ethics Sections: 2.30.010 Citation. 2.30.020 Declaration Of Policy. 2.30.030 Finding Of Local Concern. 2.30.040 Effect Of Common Law. 2.30.050 Definitions. 2.30.060 Conflict Of Interest. 2.30.070 Exemptions. 2.30.080 Disclosure Of Conflict Of Interest In Legislative Action. 2.30.090 Disclosure of Conflict Of Interest In Planning Commission Action. 2.30.100 When Councilmember or Member of the Planning Commission With Conflict Of Interest May Vote. 2.30.110 Mandatory Disclosure To Secretary Of State. 2.30.120 Public Contracts. 2.30.130 Limitation On Subsequent Employment. 2.30.140 Enforcement. 2.30.150 Penalties And Remedies. 2.30.160 Distribution Of Code Of Ethics. 2.30.010 Citation. This Chapter shall be known and may be cited as the "Avon Town Code of Ethics". 2.30.020 Declaration of Policy. The proper operation of democratic government requires that public officers be independent, impartial, and responsible to the people; that government decisions and policy be made within the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all Town officers is adopted. The purpose of this code is to establish guidelines for ethical standards of conduct for all such officers by setting forth those acts or actions that are incompatible with the best interest of the Town, and by directing disclosure by such officers of private financial or other interests in matters affecting the Town. 2.30.030 Finding of Local Concern. The Town Council hereby finds and determines that the matter of ethical municipal government is a matter of local concern upon which home rule municipalities in Colorado are fully empowered to legislate and to supersede conflicting state statutes. 2.30.040 Effect Of Common Law. This Chapter shall supersede and override the common law as to the subject matter of this Chapter. 2.30.050 Definitions. As used in this Chapter, unless the context requires otherwise: "Business" means any corporation, limited liability corporation, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit. "Confidential information" means all information, whether transmitted orally or in writing, which is of such a nature that it is not, at that time, a matter of public record or public knowledge. "Council" or "Town Council" means the Town Council of the Town of Avon, Colorado. "Councilmember" means any member of the Town Council. "Official act" or official action" means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority. "Officer" means any person holding a position by election or appointment in the service of the municipality, whether paid or unpaid, including the members of the Town Council and any other 2 Town board, committee or commission. "Substantial financial interest" means an interest owned or held by an officer which is: A. An ownership interest in a business; B. A creditor interest in an insolvent business; C. An ownership interest in real or personal property; D. A loan or any other debtor interest; E. A directorship or officership in a business. An officer or shall be presumed to have a substantial financial interest in any of the abovementioned interests owned, held or controlled by such officer's spouse or dependent children. 2.30.060 Conflict Of Interest. A Town officer shall not: A. Disclose or use confidential information acquired in the course of such officer's duties in order to further a business or other undertaking in which such officer has a substantial financial interest. B. Engage in a substantial financial transaction for his private business purposes with a person whom such officer inspects or supervises in the course of his or her official duties. C. Perform an official act which directly and substantially affects to its economic benefit a business or other undertaking in which such officer has a substantial financial interest. D. Perform an official act which directly and substantially affects a business or other undertaking by whom the officer is employed, or by whom such officer is engaged as counsel, consultant, representative or agent. E. Acquire or hold an interest in any business or undertaking which such officer has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the agency over which he or she has substantive authority. F. Perform an official act directly and substantially affecting to its economic detriment any business or other undertaking when such officer has a 3 substantial financial interest in a competing business or undertaking. G. Solicit or accept a present or future gift, favor, loan, service or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, service or thing of value was made or given primarily for the purpose of influencing or attempting to influence such officer in connection with an official act, or as a reward for official action he or she has previously taken. The provisions of this Subparagraph H shall not apply to those circumstances described in Subparagraph C in Section 2.30.070. H. Perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer. I. Make or accept any ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing. J. Appear on behalf of any private person, business or entity, other than himself or herself, his or her spouse, or minor children, before the Town Council, any Town Commission or the Municipal Court. 2.30.070 Exemptions. The provisions of Section 2.30.060 shall not prohibit an officer from: A. Accepting or receiving a benefit as an indirect consequence of the performance of an official act. B. Taking official action when such officer is similarly situated to other Town residents, such as adopting general land use regulations, owning property within a special or local improvement district, voting for taxes or bonds, adopting ordinances of general applicability or otherwise acting upon matters involving the common public interest. C. Soliciting or accepting gifts or loans which are: 4 1. Campaign contributions reported as required by law; 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 or attendance at a convention or other meeting at which such officer is scheduled to participate; 5. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position held by such officer; 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 honorariums to the Town Manager; 8. A loan at a rate of interest which is not substantially lower than the commercial rate then currently prevalent for similar loans within the Town. D. Receiving such compensation for his or her services to the Town as may be fixed by ordinance, pay plan, budget or other similar official action. 2.30.080 Disclosure Of Conflict Of Interest In Leaislative Action. Any member of the Town Council who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Town Council shall disclose such potential interest to the Town Council. Any member of the Council who believes that another member of the Council has a conflict of interest shall bring the matter to the attention of the Council prior to Council consideration of the issue involving 5 the alleged conflict. The Council shall determine whether a conflict of interest exists. If the Council determines that an actual conflict of interest exists, the Councilmember shall not attempt to influence other members of the Town Council in connection with such matter, and, except as provided in Section 2.30.100, the Councilmember shall not vote upon such matter. The Councilmember shall leave the room during Council's discussion and action on the subject, and shall return only when the Council has taken up the next agenda item. 2.30.090 Disclosure Of Conflict Of Interest In Planning Commission Action. Any member of the Planning Commission who believes he or she has a conflict of interest as defined in Section 2.30.050 on any matter proposed or pending before the Planning Commission shall disclose such potential interest to the Planning Commission. Any member of the Planning Commission who believes that another member of the Planning Commission has a conflict of interest shall bring the matter to the attention of the Planning Commission prior to Planning Commission consideration of the issue involving the alleged conflict. The Planning Commission shall determine whether a conflict interest exists. If the Planning Commission determines that an actual conflict of interest exists, the member of the Planning Commission shall not attempt to influence other members of the Planning Commission in connection with such matter, and, except as provided in Section 2.30.100, the member of the Planning Commission shall not vote upon such matter. The member of the Planning Commission shall leave the room during Planning Commission's discussion and action on the subject, and shall return only when the Planning Commission has taken up the next agenda item. 2.30.100 When Councilmember or Member of the Planning Commission With Conflict Of Interest May Vote. Notwithstanding the provisions of Sections 2.30.080 and 2.30.090, a Councilmember or member of the Planning Commission may vote upon a matter which he or she has a conflict of interest if: 1) his or her participation is necessary to obtain a quorum or to otherwise enable the Council or Planning Commission to act, and 2) if he or she complies with the disclosure provisions of Section 2.30.110. 2.30.110 Mandatory Disclosure To Secretary Of State. No later than seventy-two (72) hours before voting pursuant to Section 2.30.100, the Councilmember or member of the Planning Commission shall give written notice to the Secretary of State and to the Town Council. Such notice shall clearly state the nature of his or her conflict of interest. 2.30.120 Public Contracts. 6 A. Except as provided in Subparagraph B of this Section 2.30.120, no officer shall have an interest in any contract made by the Town. B. The provisions of Subparagraph A shall not apply to: 1. Contracts awarded to the lowest responsible bidder based on competitive bidding procedures; 2. Merchandise sold to the highest bidder at public auctions; 3. Investments or deposits in financial institutions which are in the business of loaning or receiving moneys; 4. A contract between the Town and an officer if, because of geographic restrictions, the Town could not otherwise reasonably afford itself of the subject of contract. It shall be presumed that the Town could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the Town is greater than ten percent (10%) of a contract with an officer or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period. 5. A contract with respect to which the officer has disclosed his or her personal or financial interest to the Town Council and has not voted thereon, or with respect to which the officer has voted therein in accordance with Section 2.30.100. C. No Town officer shall be a purchaser or vendor in connection with any sale or purchase made by him in his official capacity. The provisions of this Subparagraph C shall not apply to those contracts described in Subparagraph B of this Section 2.30.120. 2.30.130 Limitation On Subsequent Employment. A former Town officer may not, within six (6) months following the termination of his or her office with the Town, contract with or 7 become employed by an employer who contracts involving matters with which such officer was during the term of office or with the Town. 2.30.140 Enforcement. with the Town directly involved A. The Town Council shall have the primary responsibility for the enforcement of this Chapter. It shall have the power to investigate any complaint, to initiate any suit, and to prosecute any criminal or civil action on behalf of the Town wherein it believes such action is appropriate. B. The Town Council may direct the Town Attorney to investigate or prosecute any apparent violation of this Chapter or the Council may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations by one or more persons of this Chapter. C. Any person who believes that a violation of any portion of this Chapter has occurred may file a complaint with the Town Council, which shall promptly investigate such complaint and take such action thereon as the Council shall deem to be appropriate. However, nothing in this Chapter shall be construed to prevent complainants from instituting direct legal action through the appropriate judicial authority. 2.30.150 Penalties and Remedies. A. It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of, this Chapter. Any person who violates any provisions of this Chapter shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than ninety days or by both such fine and imprisonment. Additionally, upon conviction such person shall be liable to the Town for such damages as may have been suffered or incurred as a result of such violation. B. Upon conviction for any violation of this Chapter such officer or shall immediately forfeit his office or position. Nothing in this Chapter shall be construed to prohibit such public officer from 8 being re-elected, reappointed, or otherwise rehired to any position forfeited under the provisions of this Chapter. C. Any court of competent jurisdiction called upon to enforce the provisions of this Chapter may, with the consent of the Town Council, exempt from the provisions of this Chapter any conduct of a Town officer upon the finding that the enforcement of this Chapter with respect to such officer's or conduct would not be in the public interest. 2.30.160 Distribution Of Code Of Ethics. The Town Clerk shall cause a copy of this Code of Ethics to be distributed to every public officer of the Town within thirty (30) days after enactment of the Ordinance adopting this Chapter. Each public officer elected, appointed, or engaged thereafter shall be furnished a copy before entering upon the duties of his office. Section 2. The Town Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to the authority granted to home rule municipalities by Article XX of the Colorado Constitution. Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases had been declared invalid. 9 I o INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED POSTED this 22nd day of September , 1992. A Public Hearing shall be held at the regular meeting of the Town of Avon, ' Colorado on the 13th day of October , 1992, at 7:30 p.m. or as soon thereafter as possible in the Municipal Building of the Town. TOWN OF AVON, COLORADO ATTEST: /s/ Mayor /s/ Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 13th day of October , 1992. TOWN OF AVON, COLORADO ayor Pr o~Tem ATTEST: Town Cler APPROVED AS TO FORM: - r Tow Attorney 10 INTRODUCED, READ ON FIRST READING, POSTED this 22nd day of September shall be held at the regular meeting of Colorado on the 13th day of October as soon thereafter as possible in the M Town. APPROVED AND ORDERED 1992. A Public Hearing the Town of Avon, , 1992, at 7:30 p.m. or unicipal Building of the TOWN OF AVON, COLORADO Mayo ATTEST: Town Cle k INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 1992. TOWN OF AVON, COLORADO Mayor ATTEST: Town Cler APPROVED AS TO FORM: Town Attorney 10 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 13TH DAY OF OCTOBER, 1992, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-15, SERIES OF 1992: AN ORDINANCE ADOPTING A CODE OF ETHICS FOR THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado. Dated this 23rd day of September, 1992. TOWN OF AVON, COLORADO BY• Patty Ney art Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 23, 1992: AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY