TC Ord. No. 2012-01 Amending Chapter 2.30 town code of ethics of the TOA municipal codeTOWN OF AVON, COLORADO
ORDINANCE NO. 12 -01
SERIES OF 2012
AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to Section 5.5(d) of the Avon Home Rule Charter states that, "Council
shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of
conduct for elected and appointed officials of the Town;" and
WHEREAS, Town Council believes that amendments to the Town Code of Ethics which are
consistent with the State Code of Ethics will promote application and enforcement of the Town
Code Ethics; and
WHEREAS, Town Council considered several amendments to this Ordinance on second
reading and continued the public hearing on January 24, 2012 to February 14, 2012 to allow the
public the opportunity to consider and comment on proposed amendments to the Ordinance from
first reading; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment Chapter 2.30 of the Avon Municipal Code is hereby amended by
repealing and deleting language show in strike -out and adopting language depicted by underline
as depicted in EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS attached to
and made a part of this Ordinance.
Section 3. Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Tows. Clerk is authorized to correct, or approve the correction by the codifier, of any
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — FINAL
Page 1 of 3
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part 'any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights `acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the Ordinance in full is available for public inspection in the office of
the Town Clerk during normal business hours.
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — FINAL
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 24,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on January 10, 2012.
r�
n�daysprior.,to Rich Carroll, Mayor
Published bye public places in Town and posting at the office of the Town
Clerk at least al action by the Town Council.
ATTEST:
Pat M Kenny o Clerk
APPROVED AS TO FORM:
Jr
.o
Eric J. Wown Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PU ING on February 14, 2012.
Rich Carroll, Mayor
Published by poast three public places in Town and posting by title at the
office of the To
ATTEST:
tt VI Kenny o n Clerk
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — FINAL
Page 3 of 3
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
Town 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 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 operated for private profit.
Confidential information means all
information, whether transmitted orally,
electronically or in writing, , which is intended
to be confidential and which does not
constitute a public record under the Colorado
Open Records Act set forth in C.R.S. §24 -72-
200.1 et. seq. including but not limited to
attorney - client confidential and privileged
communications and information received in
an executive session.
Council or Town Council means the Town
Council of the Town of Avon.
Council Member means any member of the
Town Council.
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,
any other Town board, committee or
commission, any employee and any
independent contractor.
Official act or official action means any vote,
decision, recommendation, approval,
disapproval or other action, including inaction,
which involves the use of discretionary
authority.
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 a 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 shall be presumed to have a
substantial financial interest in any of the
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January 20, 2012 FINAL
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
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:
(1) Disclose or use confidential information
acquired in the course of such Officer's duties
(a) in order to further a business or other
undertaking in which such Officer has a
substantial financial interest or (b) for any use
which would be detrimental to the Town;
(2) Engage in a substantial financial
transaction for his or her private business
purposes with a person whom such officer
inspects or supervises in the course of his or
her official duties;
(3) 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;
(4) 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;
(5) 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;
(6) Perform an official act directly and
substantially affecting to its economic
detriment any business or other undertaking
when such Officer has a substantial financial
interest in a competing business or
undertaking;
(7) 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
Subsection shall not apply to those
circumstances described in Subsection
2.30.070(3).
(8) Perform any official act under
circumstances which give rise to appearance of
impropriety on the part of the Officer;
(9) 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;
(10) 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:
(1) Accepting or receiving a benefit as an
indirect consequence of the performance of an
official act;
(2) 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, except
that this exemption shall not apply to interests
of Officers of the Avon Urban Renewal
Authority in any project or in any property
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January 20, 2012 FINAL
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
included or planned to be included in any
project and the provisions of C.R.S. §31 -25-
104(3) shall control;
(3) Soliciting or accepting gifts or loans which
are:
a. Campaign contributions reported as required
by law;
b. An occasional nonpecuniary gift,
insignificant in value;
c. A nonpecuniary award publicly presented
by a nonprofit organization in recognition of
public service;
d. 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;
e. 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;
f. Items of perishable or nonpermanent value,
including, but not limited to, meals, lodging,
travel expenses or tickets to sporting,
recreational, educational, or cultural events;
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
the alleged conflict. The Council shall
determine whether a conflict of interest exists.
The Council member who has an alleged
conflict of interest shall not vote on the
determination of whether a conflict of interest
exists; however, such Council member may
participate in the discussion and may remain in
the room with the consent of the majority of
the remaining Council members. If the
Council determines that an actual conflict of
interest exists, the Council Member 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 Council Member shall not vote upon such
matter. The Council Member 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.
g. Payment for speeches, debates, or other
public events, reported as honorariums to the
Town Manager;
h. 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.
(4) 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
Town Council action.
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 2.30.060 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
Page 3 of 7
January 20, 2012 FINAL
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
involving the alleged conflict. The Planning
Commission shall determine whether a
conflict interest exists. The Planning
Commission member who has an alleged
conflict of interest shall not vote on the
determination of whether a conflict of interest
exists; however, such Planning Commission
member may participate in the discussion and
may remain in the room with the consent of
the majority of the remaining Planning
Commission members. 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 the
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 Council Member or member
of the Planning Commission with conflict of
interest may vote.
Planning Commission member to vote despite
the conflict of interest.
2.30.110 Voluntary Disclosure to
Secretary of State.
A Town officer 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 to the
Colorado Secretary of State. Such Town
officer shall make the disclosure in writing to
the Colorado Secretary of State, 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 under this Town
Code of Ethics or any other local, state or
other code of ethics or standards of conduct.
Notwithstanding the provisions of Sections
2.30.080 and 2.30.090, a Council member or
member of the Planning Commission may vote
upon a matter as to 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) he or she complies with the disclosure
provisions of Section 2.30.110, and
(3) a majority of the Council members or
Planning Commission members present at a
meeting who do not have a conflict of interest
vote to permit such Council member or
2.30.120 Public contracts.
(a) Except as provided in Subsection (b) of this
Section, no Officer shall have an interest in
any contract made by the Town.
(b) The provisions of Subsection (a) of this
Section 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;
Page 4 of 7
January 20, 2012 FINAL
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
(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 or her in his or her official
capacity. The provisions of this Subsection
shall not apply to those contracts described in
Subsection (b) of this Section.
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 become
employed by an employer who contracts with
the Town involving matters with which such
officer was directly involved during the term
of office or with the Town.
2.30.140 Enforcement..
(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 (1) or
more persons of this Chapter. In the event the
alleged conflict of interest involves a Council
member (or multiple Council members), the
Council member(s) who has an alleged
conflict of interest shall not vote upon whether
to investigate or prosecute the alleged conflict
of interest.
(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.
(d) The district attorney of the district where
the trust is violated may bring appropriate
judicial proceedings on behalf of the people.
Any moneys collected in such actions shall be
paid to the general fund of the Avon Town
government. Judicial proceedings pursuant to
this section shall be in addition to any criminal
action which may be brought against such
Town officer.
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 in accordance with the
provisions of Section 1.08.010 of this Code.
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 shall immediately forfeit
his or her office or position. Nothing in this
Page 5 of 7
January 20, 2012 FINAL
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
Chapter shall be construed to prohibit such
public officer from being reelected,
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 conduct would
not be in the public interest.
2.30.160 Distribution of code of ethics.
value to the Town Clerk. The Town Clerk
shall promptly disclose gifts received, or offer
of future gifts, to the Town Council. The
failure of a Town Officer to report a gift to the
Town Clerk shall constitute a violation of the
Avon Town Code of Ethics.
(c) Council shall determine if gifts received or
offered in the future constitute a conflict of
interest in accordance with the Avon Town
Code of Ethics. Council members who are the
recipient or intended recipient of a gift shall
not vote on whether such gift constitutes a
conflict of interest unless such gift is offered to
Council as a whole or offered to Town
generally.
The Town Clerk shall cause a copy of this
code of ethics to be distributed to every
Officer of the Town within thirty (30) days
after enactment of the ordinance adopting this
Chapter. Each Town Officer elected,
appointed, or engaged thereafter shall be
furnished a copy before entering upon the
duties of his or her office.
2.30.170 Gift Reporting.
(a) In accordance with §7, Article XXIX of
the Colorado Constitution, the requirements of
Article XXIX of the Colorado Constitution
shall not apply to the Town of Avon. It is the
intention and purpose that this section
2.30.170, Chapter 2.30 Avon Town Code of
Ethics of the Avon Municipal Code, and any
other applicable Avon Home Rule Charter
provision, ordinance or resolution adopted by
the Town of Avon shall completely address all
matters set forth in Article XXIX of the
Colorado Constitution.
(b) Any Town Officer who receives any
present, or offer of future, individual gift,
favor, loan, service or thing of value in excess
of $50.00 and such gift is offered due to such
person's status as a Town Officer then such
Officer shall report such gift and the estimated
(d) Gifts which are given by an individual who
is a relative or personal friend of the recipient
on special occasions shall not be deemed a
conflict of interest. Gifts which are given
without the purpose or intent to influence a
Town Officer in connection with an official
act or as a reward for an official act performed
and gifts which do not create the appearance of
impropriety shall not be a conflict of interest.
(e) Gifts which are received which are
determined by Council to be a conflict of
interest shall be returned. The receipt of a gift
or the failure to return a gift or reimburse the
equivalent value when Council determines
such gift is a conflict of interest shall
constitute a violation of the Avon Town Code
of Ethics.
Page 6 of 7
January 20, 2012 FINAL
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
Page 7 of 7
January 20, 2012 FINAL
MEMORANDUM
PLANNING, LLC.
TO: Honorable Mayor Carroll and Town Council Members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
RE: Ordinance No. 12 -01 Amending the Town Code of Ethics
DATE: January 6, 2012
Summary: Ordinance No. 12 -01 Amending the Town Code of Ethics is presented for first reading to the
Town Council. This memorandum discusses changes to the Town Code of Ethics. The current Town Code
of Ethics was adopted in 1992 by Ordinance No. 92 -15. Attached to this memorandum is a copy of the
Town Code of Ethics, State Code of Ethics and Article XXIX of the Colorado Constitution.
Discussion of Amendments: The proposed amendments primarily adopt language in the State Code of
Ethics, set forth in C.R.S. §24 -18 -101 et. seq. and address the option of a home rule municipality to
supersede Article XXIX of the Colorado Constitution.
Confidential Information: Avon Municipal Code ( "AMC ") section 2.30.060(1) is amended to adopt the
language in the State Code of Ethics which expands the violation for disclosure of confidential information
to include any use which would be detrimental to the Town.
Voluntary Disclosure to Secretary of State: Avon Municipal Code ( "AMC ") section 230.110 is revised to
track the language in the State Code of Ethics.
Enforcement: AMC section 2.30.140 is revised to allow the District Attorney to pursue enforcement
actions in a manner consistent with the State Code of Ethics. A sentence in AMC 2.30.140(c) which allows
any complaintant from instituting direct legal action through the appropriate judicial authority is deleted.
The meaning and application of this sentence is not clear. As a result of these changes, enforcement of the
Avon Town Code of Ethics would occur through either the Avon Town Council or through the District
Attorney's office.
Liability: AMC section 2.30.150 is revised to adopt language in the State Code of Ethics concerning liability
for breach of fiduciary duty in a manner consistent with breach of a private fiduciary. This provision
significant expands the potential liability of a town official for violations of the Town Code of Ethics.
Gift Reporting: AMC section 2.30.170 is a new section which (1) elects the option to supersede the gift ban
set forth in Article XXIX of the Colorado Constitution, (2) adopts requirements for reporting and disclosure
of gifts in excess of $50, and (3) establishes guidelines for the Town Council to review whether gifts
constitute a conflict of interest under the Town Code of Ethics.
Proposed Motion: "I move to approve first reading of Ordinance No. 12 -01 AN ORDINANCE AMENDING
CHAPTER 2.30 TOWN CODE OF ETHICS OF THE AVON MUNICIPAL CODE"
Thanks, Eric
Heil Law k Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E -Mail: eric @heillaw.com
TOWN OF AVON, COLORADO
ORDINANCE NO. 12 -01
SERIES OF 2012
AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to Section 5.5(d) of the Avon Home Rule Charter states that, "Council
shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of
conduct for elected and appointed officials of the Town;" and
WHEREAS, Town Council believes that amendments to the Town Code of Ethics which are
consistent with the State Code of Ethics will promote application and enforcement of the Town
Code Ethics; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. First Amendment Section 2.30.060(1) of the Avon Municipal Code is hereby
amended by repealing Section 2.30.060(1) in its entirety and re- enacting Section 2.30.060(1) to
read as follows:
"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 or for any use which would be detrimental to the Town;"
Section 3. Second Amendment Section 2.30.080 of the Avon Municipal Code is hereby
amended by revising the Section title to read, "2.30.080 Disclosure of conflict of interest in
Town Council action."
Section 4. Third Amendment Section 2.30.110 is hereby repealed in its entirety and re-
enacted to read as follows:
"2.30.110 Voluntary Disclosure to Secretary of State.
A Town officer may, prior to acting in a manner which may impinge on his fiduciary
duty and the public trust, disclose the nature of his private interest. Such Town officer
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011
Page 1 of 4
r shall make the disclosure in writing to the secretary of state, 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 under this Town
Code of Ethics or any other local, state or other code of ethics or standards of conduct."
Section 5. Fourth Amendment Section 2.30.140(c) is hereby amended by repealing and
deleting the last sentence as follows:
46TT ---------- __ -1- --- _ ' -_ .1.. _ -1 11 t
Section 6. Fifth Amendment Section 2.30.140 is hereby amended by enacting a new
subsection (d) to read as follows:
"(d) The district attorney of the district where the trust is violated may bring appropriate
judicial proceedings on behalf of the people. Any moneys collected in such actions shall
be paid to the general fund of the Avon Town government. Judicial proceedings pursuant
to this section shall be in addition to any criminal action which may be brought against
such Town officer."
Section 7. Sixth Amendment Section 2.30.150 is hereby amended by enacting a new
subsection (d) to read as follows:
"(d) A Town officer whose conduct departs from his fiduciary duty is liable to the people
of the Town of Avon as a trustee of property and shall suffer such other liabilities as a
private fiduciary would suffer for abuse of his or her trust."
Section 8. Seventh Amendment Chapter 2.30 is hereby amended to enact a new Section
2.30.170 to read as follows:
"2.30.170 Gift Reporting.
(a) In accordance with §7, Article XXIX of the Colorado Constitution, the requirements
of Article XXIX of the Colorado Constitution shall not apply to the Town of Avon. It is
the intention and purpose that this section 2.30.170, Chapter 2.30 Avon Town Code of
Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter
provision, ordinance or resolution adopted by the Town of Avon shall completely address
all matters set forth in Article XXIX of the Colorado Constitution.
(b) Any town official or town employee who receives any present, or offer of future,
individual gift, favor, loan, service of thing of value in excess of $50.00 and such gift is
offered due to such person's status as a town official or town , employee then such town
official or town employee shall report such gift and the estimated value to the Town
Clerk. The Town Clerk shall promptly disclose gifts received, or offer of future gifts, to
the Town Council. The failure of a town official or town employee to report a gift to the
Town Clerk shall constitute a violation of the Avon Town Code of Ethics.
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011
Page 2 of 4
(c) Council shall determine if gifts received or offered in the future constitute a conflict (�
of interest in accordance with the Avon Town Code of Ethics.. Gifts which are given by
an individual who is a relative or personal friend of the recipient on special occasions
shall not be deemed a conflict of interest. Gifts which are given without the purpose or
intent to influence a town official or town employee in connection with an official act or
as a reward for an official act taken and gifts which do not create the appearance of
impropriety shall not be a conflict of interest. Gifts which are received which are
determined by Council to be a conflict of interest shall be returned. The failure of a town
official or town employee to return a gift or reimburse the equivalent value when Council
determines such gift is a conflict of interest shall constitute a violation of the Avon Town
Code of Ethics."
Section 9. Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 10. Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 11. Effective Date This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 12. Safety Clause The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 13. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011
Page 3 of 4
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 14. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the Ordinance in full is available for public inspection in the office of
the Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 24,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on January 10, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk
Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on January 24, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011
Page 4 of 4
AVON TOWN CODE OF ETHICS
Town 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. (Ord. 92 -15 §1 (part))
2.30.030 Finding of local concern.
The Town Council 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. (Ord. 92 -15 § 1(part))
2.30.040 Effect of common law.
This Chapter shall supersede and override the
common law as to the subject matter of this
Chapter. (Ord. 92 -15 §1 (part))
individual or organization carrying on a
business operated for private 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.
Council Member means any member of the
Town Council.
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 Town board, committee or
commission.
Official act or official action means any vote,
decision, recommendation, approval,
disapproval or other action, including inaction,
which involves the use of discretionary
authority.
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 shall be presumed to have a
substantial financial interest in any of the
abovementioned interests owned, held or
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
controlled by such officer's spouse or
dependent children. (Ord. 93 -8 §1, 1993; Ord.
92 -15 § 1(part))
2.30.060 Conflict of interest.
A Town officer shall not:
Page 1 of 5
AVON TOWN CODE OF ETHICS
(1) 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;
(2) Engage in a substantial financial
transaction for his or her private business
purposes with a person whom such officer
inspects or supervises in the course of his or
her official duties;
(3) 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;
(4) 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;
(5) 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;
(6) Perform an official act directly and
substantially affecting to its economic
detriment any business or other undertaking
when such officer has a substantial financial
interest in a competing business or
undertaking;
(7) 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
Subsection shall not apply to those
circumstances described in Subsection
2.30.070(3).
(8) Perform any official act under
circumstances which give rise to appearance of
impropriety on the part of the officer;
(9) 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;
(10) 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. (Ord. 92-
15 § 1(part))
2.30.070 Exemptions.
The provisions of Section 2.30.060 shall not
prohibit an officer from:
(1) Accepting or receiving a benefit as an
indirect consequence of the performance of an
official act;
(2) 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;
(3) Soliciting or accepting gifts or loans which
are:
a. Campaign contributions reported as required
by law;
b. An occasional nonpecuniary gift,
insignificant in value;
c. A nonpecuniary award publicly presented
by a nonprofit organization in recognition of
public service;
Page 2 of 5
AVON TOWN CODE OF ETHICS
d. 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;
e. 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;
f. Items of perishable or nonpermanent value,
including, but not limited to, meals, lodging,
travel expenses or tickets to sporting,
recreational, educational, or cultural events;
g. Payment for speeches, debates, or other
public events, reported as honorariums to the
Town Manager;
h. 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.
(4) 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. (Ord. 92 -15 §1 (part))
2.30.080 Disclosure of conflict of interest in
legislative 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
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 Council Member
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 Council Member shall not vote
upon such matter. The Council Member 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. (Ord. 92 -15 §1 (part))
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 2.30.060 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 the
Planning Commission's discussion and action
on the subject, and shall return only when the
Planning Commission has taken up the next
agenda item. (Ord. 92 -15 § 1(part))
2.30.100 When Council Member or member
of the Planning Commission with conflict of
interest may vote.
Page 3 of 5
AVON TOWN CODE OF ETHICS
Notwithstanding the provisions of Sections
2.30.080 and 2.30.090, a Council Member or
member of the Planning Commission may vote
upon a matter as to 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. (Ord. 92 -15
§ 1(part))
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
Council Member 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. (Ord. 92 -15
§ 1(part))
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 or her in his or her official
capacity. The provisions of this Subsection
shall not apply to those contracts described in
Subsection (b) of this Section. (Ord. 92 -15
§ 1(part))
2.30.130 Limitation on subsequent
employment.
2.30.120 Public contracts.
(a) Except as provided in Subsection (b) of this
Section, no officer shall have an interest in any
contract made by the Town.
(b) The provisions of Subsection (a) of this
Section 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
A former Town officer may not, within six (6)
months following the termination of his or her
office with the Town, contract with or become
employed by an employer who contracts with
the Town involving matters with which such
officer was directly involved during the term
of office or with the Town. (Ord. 92 -15
§ 1(part))
2.30.140 Enforcement.
(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
Page 4 of 5
AVON TOWN CODE OF ETHICS
Council may employ or appoint any qualified
attorney to investigate or prosecute any
violation or series of violations by one (1) 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. (Ord. 92 -15 § 1(part))
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 or her office. (Ord. 92 -15
§ 1(part))
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 in accordance with the
provisions of Section 1.08.010 of this Code.
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 shall immediately forfeit
his or her office or position. Nothing in this
Chapter shall be construed to prohibit such
public officer from being reelected,
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 conduct would
not be in the public interest. (Ord. 04 -05 §1)
2.30.160 Distribution of code of ethics.
Page 5 of 5
STATE CODE OF ETHICS
§ 24 -18 -101. Legislative Declaration
The general assembly recognizes the
importance of the participation of the citizens
of this state in all levels of government in the
state. The general assembly further recognizes
that, when citizens of this state obtain public
office, conflicts may arise between the public
duty of such a citizen and his or her private
interest. The general assembly hereby declares
that the prescription of some standards of
conduct common to those citizens involved
with government is beneficial to all residents of
the state. The provisions of this part 1
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.
History. L. 88: Entire article added, p. 899, § 1,
effective July 1.
Note:
Law reviews: For article, "Conflicts of Interest
in Government ", see 18 Colo. Law. 595 (1989);
for article, "Advising Quasi- Judges: Bias,
Conflicts of Interest, Prejudgment, and Ex
Parte Contacts ", see 33 Colo. Law. 69 (March
2004).
Cross References:
For provisions relating to abuse of public
office, see part 4 of article 8 of title 18.
§ 24 -18 -102. Definitions
As used in this part 1, unless the context
otherwise requires:
(1) "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.
(2) "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.
(3) "Employee" means any temporary or
permanent employee of a state agency or any
local government, except a member of the
general assembly and an employee under
contract to the state.
(4) "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 off cership in a business.
(5) "Local government" means the government
of any county, city and county, city, town,
special district, or school district.
(6) "Local government official" means an
elected or appointed official of a local
government but does not include an employee
of a local government.
(7) "Official act" or "official action" means any
Page 1 of 8
STATE CODE OF ETHICS
vote, decision, recommendation, approval,
disapproval, or other action, including inaction,
which involves the use of discretionary
authority.
(8) "Public officer" means any elected officer,
the head of a principal department of the
executive branch, and any other state officer.
"Public officer" does not include a member of
the general assembly, a member of the
judiciary, any local government official, or any
member of a board, commission, council, or
committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses.
(9) "State agency" means the state; the general
assembly and its committees; every executive
department, board, commission, committee,
bureau, and office; every state institution of
higher education, whether established by the
state constitution or by law, and every
governing board thereof; and every
independent commission and other political
subdivision of the state government except the
courts.
History. L. 88: Entire article added, p. 899, § 1,
effective July 1. L. 90: (1) amended, p. 447, §
10, effective April 18. L. 91: (8) amended, p.
837, § 1, effective March 29.
§ 24 -18 -103. Public Trust - Breach of
Fiduciary Duty
(1) The holding of public office or employment
is a public trust, created by the confidence
which the electorate reposes in the integrity of
public officers, members of the general
assembly, local government officials, and
employees. A public officer, member of the
general assembly, local government official, or
employee shall carry out his duties for the
benefit of the people of the state.
(2) A public officer, member of the general
assembly, local government official, or
employee whose conduct departs from his
fiduciary duty is liable to the people of the state
as a trustee of property and shall suffer such
other liabilities as a private fiduciary would
suffer for abuse of his trust. The district
attorney of the district where the trust is
violated may bring appropriate judicial
proceedings on behalf of the people. Any
moneys collected in such actions shall be paid
to the general fund of the state or local
government. Judicial proceedings pursuant to
this section shall be in addition to any criminal
action which may be brought against such
public officer, member of the general
assembly, local government official, or
employee.
History. L. 88: Entire article added, p. 900, § 1,
effective July 1.
§ 24 -18 -104. Rules of Conduct for All Public
Officers, Members of the General Assembly,
Local Government Officials, and Employees
(1) 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 public
officer, a member of the general assembly, a
local government official, or an employee shall
not:
(a) Disclose or use confidential information
acquired in the course of his official duties in
order to further substantially his personal
financial interests; or
(b) Accept a gift of substantial value or a
substantial economic benefit tantamount to a
gift of substantial value:
(I) Which would tend improperly to influence a
Page 2 of 8
SPATE CODE OF ETHICS
reasonable person in his position to depart from
the faithful and impartial discharge of his
public duties; or
(II) 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.
(2) 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.
(3) The following shall not be considered gifts
of substantial value or gifts of substantial
economic benefit tantamount to gifts of
substantial value for purposes of this section:
(a) Campaign contributions and contributions
in kind reported as required by section
1 -45 -108, C.R.S.;
(b) An occasional nonpecuniary gift,
insignificant in value;
(c) A nonpecuniary award publicly presented
by a nonprofit organization in recognition of
public service;
(d) Payment of or reimbursement for actual and
necessary expenditures for travel and
subsistence for attendance at a convention or
other meeting at which such public officer,
member of the general assembly, local
government official, or employee is scheduled
to participate;
(e) Reimbursement for or acceptance of an
opportunity to participate in a social function or
meeting which is offered to such public officer,
member of the general assembly, local
government official, or employee which is not
extraordinary when viewed in light of the
position held by such public officer, member of
the general assembly, local government
official, or employee;
(f) Items of perishable or nonpermanent value,
including, but not limited to, meals, lodging,
travel expenses, or tickets to sporting,
recreational, educational, or cultural events;
(g) Payment for speeches, appearances, or
publications reported pursuant to section
24 -6 -203 ;
(h) Payment of salary from employment,
including other government employment, in
addition to that earned from being a member of
the general assembly or by reason of service in
other public office.
(4) The provisions of this section are distinct
from and in addition to the reporting
requirements of section 1 -45 -108, C.R.S., and
section 24 -6 -203, and do not relieve an
incumbent in or elected candidate to public
office from reporting an item described in
subsection (3) of this section, if such reporting
provisions apply.
History. L. 88: p. 901, § 1. L. 92: (3)(g) and
(3)(h) amended, p. 874, § 103, effective
January 1, 1993. L. 94: (3) amended and (4)
added, p. 1827, § 4, effective January 1, 1995.
§ 24 -18 -105. Ethical Principles for Public
Officers, Local Government Officials, and
Employees
(1) 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
Page 3 of 8
STATE CODE OF ETHICS
employment in state or local government.
(2) A public officer, a local government
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 over which he has substantive
authority.
(3) A public officer, a local government
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.
(4) A public officer, a local government
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.
History. L. 88: Entire article added, p. 902, § 1,
effective July 1.
§ 24 -18 -106. Rules of Conduct for Members
of the General Assembly
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the member of the general
assembly committing the act has breached his
fiduciary duty and the public trust. A member
of the general assembly shall not accept a fee, a
contingent fee, or any other compensation,
except his official compensation provided by
statute, for promoting or opposing the passage
of legislation.
(2) It shall not be a breach of fiduciary duty
and the public trust for a member of the general
assembly to:
(a) Use state facilities or equipment to
communicate or correspond with a member's
constituents, family members, or business
associates;
(b) Accept or receive a benefit as an indirect
consequence of transacting state business; or
(c) Accept the payment of or reimbursement
for actual and necessary expenses for travel,
board, and lodging from any organization
declared to be a joint governmental agency of
this state under section 2 -3 -211 (2), C.R.S., if.
(I) (A) The expenses are related to the
member's attendance at a convention or
meeting of the joint governmental agency at
which the member is scheduled to deliver a
speech, make a presentation, participate on a
panel, or represent the state of Colorado or for
some other legitimate state purpose;
(B) The travel, board, and lodging
arrangements are appropriate for purposes of
the member's attendance at the convention or
meeting;
(C) The duration of the member's stay is no
longer than is reasonably necessary for the
member to accomplish the purpose of his or her
attendance at the convention or meeting;
(D) The member is not currently and will not
subsequent to the convention or meeting be in a
position to take any official action that will
benefit the joint governmental agency; and
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STATE CODE OF ETHICS
(E) The attendance at conventions or meetings
of the joint governmental agency has been
approved by the executive committee of the
legislative council or by the leadership of the
house of the general assembly to which the
member belongs; or
(II) The general assembly pays regular
monthly, annual, or other periodic dues to the
joint governmental agency that are invoiced
expressly to cover travel, board, and lodging
expenses for the attendance of members at
conventions or meetings of the joint
governmental agency.
(3) Notwithstanding any other provision of
law, no member of the general assembly shall
lobby, solicit lobbying business or contracts, or
otherwise establish a lobbying business or
practice respecting issues before the general
assembly prior to the expiration of his or her
term. Where the member tenders his or her
resignation prior to the expiration of his or her
term, the requirements of this subsection (3)
shall apply up through the date of the member's
resignation from office.
History. Amended by 2010 Ch. 184, §4, eff.
8/11/2010.
L. 88: Entire article added, p. 902, § 1,
effective July 1. L. 2003: (3) added, p. 1230, §
1, effective July 1.
Note: 2010 Ch. 184, was passed without a
safety clause. See Colo. Const. art. V, § 1(3).
§ 24 -18 -107. Ethical Principles for Members
of the General Assembly
(1) The principles in this section are intended
only as guides to a member of the general
assembly in determining whether or not his
conduct is ethical.
(2) A member of the general assembly who has
a personal or private interest in any measure or
bill proposed or pending before the general
assembly shall disclose the fact to the house of
which he is a member and shall not vote
thereon. In deciding whether or not he has such
an interest, a member shall consider, among
other things, the following:
(a) Whether the interest impedes his
independence of judgment;
(b) The effect of his participation on public
confidence in the integrity of the general
assembly; and
(c) Whether his participation is likely to have
any significant effect on the disposition of the
matter.
(3) An interest situation does not arise from
legislation affecting the entire membership of a
class.
(4) If a member of the general assembly elects
to disclose the interest, he shall do so as
provided in the rules of the house of
representatives or the senate, but in no case
shall failure to disclose constitute a breach of
the public trust of legislative office.
History. L. 88: Entire article added, p. 902, § 1,
effective July 1.
§ 24 -18 -108. Rules of Conduct for Public
Officers and State Employees
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the actor has breached his
fiduciary duty.
(2) A public officer or a state employee shall
not:
Page 5 of 8
STATE CODE OF ETHICS
(a) Engage in a substantial financial transaction
for his private business purposes with a person
whom he inspects, regulates, or supervises in
the course of his official duties;
(b) Assist any person for a fee or other
compensation in obtaining any contract, claim,
license, or other economic benefit from his
agency;
(c) Assist any person for a contingent fee in
obtaining any contract, claim, license, or other
economic benefit from any state agency; or
(d) Perform an official act directly and
substantially affecting to its economic benefit a
business or other undertaking in which he
either has a substantial financial interest or is
engaged as counsel, consultant, representative,
or agent.
(3) A head of a principal department or a
member of a quasi-judicial or rule- making
agency may perform an official act
notwithstanding paragraph (d) of subsection
(2) of this section if his participation is
necessary to the administration of a statute and
if he complies with the voluntary disclosure
procedures under section 24 -18 -110.
(4) Repealed.
History. L. 88: Entire article added, p. 903, § 1,
effective July 1. L. 91: (4) repealed, p. 837, § 2,
effective March 29.
§ 24 -18- 108.5. Rules of Conduct for
Members of Boards and Commissions
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the actor has breached his
fiduciary duty.
(2) A member of a board, commission, council,
or committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses shall not perform an
official act which may have a direct economic
benefit on a business or other undertaking in
which such member has a direct or substantial
financial interest.
History. L. 91: Entire section added, p. 837, §
3, effective March 29.
§ 24 -18 -109. Rules of Conduct for Local
Government Officials and Employees
(1) 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.
(2) A local government official or local
government employee shall not:
(a) 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
(b) Perform an official act directly and
substantially affecting to its economic benefit a
business or other undertaking in which he
either has a substantial financial interest or is
engaged as counsel, consultant, representative,
or agent.
(3) (a) A member of the governing body of a
local government who has a personal or private
interest in any matter proposed or pending
before the governing body shall disclose such
interest to the governing body and shall not
vote thereon and shall refrain from attempting
to influence the decisions of the other members
of the governing body in voting on the matter.
Page 6 of 8
STATE CODE OF ETHICS
(b) A member of the governing body of a local
government may vote notwithstanding
paragraph (a) of this subsection (3) if his
participation is necessary to obtain a quorum or
otherwise enable the body to act and if he
complies with the voluntary disclosure
procedures under section 24 -18 -110.
(4) It shall not be a breach of fiduciary duty and
the public trust for a local government official
or local government employee to:
(a) Use local government facilities or
equipment to communicate or correspond with
a member's constituents, family members, or
business associates; or
(b) Accept or receive a benefit as an indirect
consequence of transacting local government
business.
History. L. 88: Entire article added, p. 903, § 1,
effective July 1.
§ 24 -18 -110. Voluntary Disclosure
A member of a board, commission, council, or
committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses, a member of the
general assembly, a public officer, a local
government official, or an employee may, prior
to acting in a manner which may impinge on
his fiduciary duty and the public trust, disclose
the nature of his private interest. Members of
the general assembly shall make disclosure as
provided in the rules of the house of
representatives and the senate, and all others
shall make the disclosure in writing to the
secretary of state, 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.
History. L. 88: Entire article added, p. 904, § 1,
effective July 1. L. 91: Entire section amended,
p. 838, § 4, effective March 29.
§ 24 -18 -111. [Repealed]
History. Repealed by 2010 Ch. 405, §2, eff.
6/10/2010.
Prior History: ( L. 88: Entire article added, p.
904, § 1, effective July 1.)
§ 24 -18 -112. Board of Ethics for the
Executive Branch Created - Duties
(1) There is hereby created a board of ethics for
the executive branch of state government in the
office of the governor. The board shall consist
of five members to be appointed by and serve
at the pleasure of the governor.
(2) The board of ethics for the executive branch
shall:
(a) Comment, when requested by the governor,
on each proposed gubernatorial appointment,
including the heads of the principal
departments and the senior members of the
governor's office based upon the provisions of
this article;
(b) Upon written request of the governor,
review complaints of any violation of the
provisions of this article by a member of the
executive branch of state government;
Page 7 of 8
STATE CODE OF ETHICS
(c) Make written recommendations to the
governor concerning his requests; and
(d) Review appeals brought before the board of
ethics pursuant to section 24- 30- 1003(4).
History. L. 88: Entire article added, p. 905, § 1,
effective July 1. L. 94: (2) amended, p. 1249, §
2, effective July 1.
§ 24 -18 -113. Board of Ethics for the General
Assembly - Created - Duties
(1) (a) There is hereby created a board of ethics
for the general assembly. The board shall
consist of four legislative members. One
member shall be appointed by and serve at the
pleasure of the majority leader of the house of
representatives; one member shall be appointed
by and serve at the pleasure of the majority
leader of the senate; one member shall be
appointed by and serve at the pleasure of the
minority leader of the house of representatives;
and one member shall be appointed by and
serve at the pleasure of the minority leader of
the senate.
(b) The terms of the members appointed by the
majority and minority leaders of the house of
representatives and the senate and who are
serving on March 22, 2007, shall be extended
to and expire on or shall terminate on the
convening date of the first regular session of
the sixty- seventh general assembly. As soon as
practicable after such convening date, the
majority and minority leaders of the house of
representatives and the senate shall each
appoint or reappoint members in the same
manner as provided in paragraph (a) of this
subsection (1). Thereafter, the terms of
members appointed or reappointed by the
majority and minority leaders of the house of
representatives and the senate shall expire on
the convening date of the first regular session
of each general assembly, and all subsequent
appointments and reappointments by the
majority and minority leaders of the house of
representatives and the senate shall be made as
soon as practicable after such convening date.
The person making the original appointment or
reappointment shall fill any vacancy by
appointment for the remainder of an unexpired
term. Members appointed or reappointed by the
majority and minority leaders of the house of
representatives and the senate shall continue in
office until the member's successor is
appointed.
(2) The board of ethics for the general
assembly shall, upon written request of a
member of the general assembly, issue
advisory opinions concerning issues relating to
the requesting member's conduct and the
provisions of this article.
History. L. 88: Entire article added, p. 905, § 1,
effective July 1. L. 2007: (1) amended, p. 181,
§ 13, effective March 22.
Page 8 of 8
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
COLORADO CONSTITUTION
ARTICLE XXIX
§ 1. Purposes and findings
(1) The people of the state of Colorado hereby
find and declare that:
(a) The conduct of public officers, members of
the general assembly, local government
officials, and government employees must
hold the respect and confidence of the people;
(b) They shall carry out their duties for the
benefit of the people of the state;
(c) They shall, therefore, avoid conduct that is
in violation of their public trust or that creates a
justifiable impression among members of the
public that such trust is being violated;
(d) Any effort to realize personal financial gain
through public office other than compensation
provided by law is a violation of that trust; and
(e) To ensure propriety and to preserve public
confidence, they must have the benefit of
specific standards to guide their conduct, and
of a penalty mechanism to enforce those
standards.
(2) The people of the state of Colorado also
find and declare that there are certain costs
associated with holding public office and that
to ensure the integrity of the office, such costs
of a reasonable and necessary nature should be
born by the state or local government.
§ 2. Definitions
(3) "Local government official" means an
elected or appointed official of a local
government but does not include an employee
of a local government.
(4) "Person" means any individual,
corporation, business trust, estate, trust, limited
liability company, partnership, labor
organization, association, political party,
committee, or other legal entity.
(5) "Professional lobbyist" means any
individual who engages himself or herself or is
engaged by any other person for pay or for any
consideration for lobbying. "Professional
lobbyist" does not include any volunteer
lobbyist, any state official or employee acting
in his or her official capacity, except those
designated as lobbyists as provided by law, any
elected public official acting in his or her
official capacity, or any individual who
appears as counsel or advisor in an
adjudicatory proceeding.
(6) "Public officer" means any elected officer,
including all statewide elected officeholders,
the head of any department of the executive
branch, and elected and appointed members of
state boards and commissions. "Public officer"
does not include a member of the general
assembly, a member of the judiciary, any local
government official, or any member of a board,
commission, council or committee who
receives no compensation other than a per
diem allowance or necessary and reasonable
expenses.
As used in this article, unless the context
otherwise requires:
(1) "Government employee" means any
employee, including independent contractors,
of the state executive branch, the state
legislative branch, a state agency, a public
institution of higher education, or any local
government, except a member of the general
assembly or a public officer.
(2) "Local government" means county or
municipality.
§ 3. Gift ban
(1) No public officer, member of the general
assembly, local government official, or
government employee shall accept or receive
any money, forbearance, or forgiveness of
indebtedness from any person, without such
person receiving lawful consideration of equal
or greater value in return from the public
officer, member of the general assembly, local
government official, or government employee
who accepted or received the money,
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
forbearance or forgiveness of indebtedness
(2) No public officer, member of the general
assembly, local government official, or
government employee, either directly or
indirectly as the beneficiary of a gift or thing of
value given to such person's spouse or
dependent child, shall solicit, accept or receive
any gift or other thing of value having either a
fair market value or aggregate actual cost
greater than fifty dollars ($50) in any calendar
year, including but not limited to, gifts, loans,
rewards, promises or negotiations of future
employment, favors or services, honoraria,
travel, entertainment, or special discounts,
from a person, without the person receiving
lawful consideration of equal or greater value
in return from the public officer, member of the
general assembly, local government official, or
government employee who solicited, accepted
or received the gift or other thing of value.
(3) The prohibitions in subsections (1) and (2)
of this section do not apply if the gift or thing
of value is:
(a) A campaign contribution as defined by law;
(b) An unsolicited item of trivial value less
than fifty dollars ($50), such as a pen, calendar,
plant, book, note pad or other similar item;
(c) An unsolicited token or award of
appreciation in the form of a plaque, trophy,
desk item, wall memento, or similar item;
(d) Unsolicited informational material,
publications, or subscriptions related to the
recipient's performance of official duties;
(e) Admission to, and the cost of food or
beverages consumed at, a reception, meal or
meeting by an organization before whom the
recipient appears to speak or to answer
questions as part of a scheduled program;
(f) Reasonable expenses paid by a nonprofit
organization or other state or local government
for attendance at a convention, fact - finding
mission or trip, or other meeting if the person is
scheduled to deliver a speech, make a
presentation, participate on a panel, or
represent the state or local government,
provided that the non - profit organization
receives less than five percent (5 %) of its
funding from for - profit organizations or
entities;
(g) Given by an individual who is a relative or
personal friend of the recipient on a special
occasion.
(h) A component of the compensation paid or
other incentive given to the recipient in the
normal course of employment.
(4) Notwithstanding any provisions of this
section to the contrary, and excepting
campaign contributions as defined by law, no
professional lobbyist, personally or on behalf
of any other person or entity, shall knowingly
offer, give, or arrange to give, to any public
officer, member of the general assembly, local
government official, or government employee,
or to a member of such person's immediate
family, any gift or thing of value, of any kind
or nature, nor knowingly pay for any meal,
beverage, or other item to be consumed by
such public officer, member of the general
assembly, local government official or
government employee, whether or not such gift
or meal, beverage or other item to be consumed
is offered, given or paid for in the course of
such lobbyist's business or in connection with a
personal or social event; provided, however,
that a professional lobbyist shall not be
prohibited from offering or giving to a public
officer, member of the general assembly, local
government official or government employee
who is a member of his or her immediate
family any such gift, thing of value, meal,
beverage or other item.
(5) The general assembly shall make any
conforming amendments to the reporting and
disclosure requirements for public officers,
members of the general assembly and
professional lobbyists, as provided by law, to
comply with the requirements set forth in this
section.
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
(6) The fifty- dollar ($50) limit set forth in
subsection (2) of this section shall be adjusted
by an amount based upon the percentage
change over a four -year period in the United
States bureau of labor statistics consumer price
index for Denver- Boulder - Greeley, all items,
all consumers, or its successor index, rounded
to the nearest lowest dollar. The first
adjustment shall be done in the first quarter of
2011 and then every four years thereafter.
§ 4. Restrictions on
No statewide elected officeholder or member
of the general assembly shall personally
represent another person or entity for
compensation before any other statewide
elected officeholder or member of the general
assembly, for a period of two years following
vacation of office. Further restrictions on
public officers or members of the general
assembly and similar restrictions on other
public officers, local government officials or
government employees may be established by
law.
their services on the commission.
(2) (a) Members of the independent ethics
commission shall be appointed in the
following manner and order:
(I) One member shall be appointed by the
Colorado senate;
(II) One member shall be appointed by the
Colorado house of representatives;
(III) One member shall be appointed by the
governor of the state of Colorado;
(IV) One member shall be appointed by the
chief justice of the Colorado supreme court;
and
(V) One member shall be either a local
government official or a local government
employee appointed by the affirmative vote of
at least three of the four members appointed
pursuant to subparagraphs (I) to (IV) of this
paragraph (a).
(b) No more than two members shall be
affiliated with the same political party.
§ 5. Independent ethics commission
(1) There is hereby created an independent
ethics commission to be composed of five
members. The purpose of the independent
ethics commission shall be to hear complaints,
issue findings, and assess penalties, and also to
issue advisory opinions, on ethics issues
arising under this article and under any other
standards of conduct and reporting
requirements as provided by law. The
independent ethics commission shall have
authority to adopt such reasonable rules as may
be necessary for the purpose of administering
and enforcing the provisions of this article and
any other standards of conduct and reporting
requirements as provided by law. The general
assembly shall appropriate reasonable and
necessary funds to cover staff and
administrative expenses to allow the
independent ethics commission to carry out its
duties pursuant to this article. Members of the
commission shall receive no compensation for
(c) Each of the five members shall be
registered Colorado voters and shall have been
continuously registered with the same political
party, or continuously unaffiliated with any
political party, for at least two years prior to
appointment to the commission.
(d) Members of the independent ethics
commission shall be appointed to terms of four
years; except that, the first member appointed
by the Colorado senate and the first member
appointed by the governor of the state of
Colorado shall initially serve two year terms to
achieve staggered ending dates.
(e) If a member is appointed to fill an
unexpired term, that member's term shall end
at the same time as the term of the person being
replaced.
(f) Each member shall continue to serve until a
successor has been appointed, except that if a
member is unable or unwilling to continue to
serve until a successor has been appointed, the
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
original appointing authority as described in
this subsection shall fill the vacancy promptly.
(3) (a) Any person may file a written complaint
with the independent ethics commission asking
whether a public officer, member of the
general assembly, local government official, or
government employee has failed to comply
with this article or any other standards of
conduct or reporting requirements as provided
by law within the preceding twelve months.
(b) The commission may dismiss frivolous
complaints without conducting a public
hearing. Complaints dismissed as frivolous
shall be maintained confidential by the
commission.
(c) The commission shall conduct an
investigation, hold a public hearing, and render
findings on each non - frivolous complaint
pursuant to written rules adopted by the
commission.
(d) The commission may assess penalties for
violations as prescribed by this article and
provided by law.
(e) There is hereby established a presumption
that the findings shall be based on a
preponderance of evidence unless the
commission determines that the circumstances
warrant a heightened standard.
§ 6. Penalty
Any public officer, member of the general
assembly, local government official or
government employee who breaches the public
trust for private gain and any person or entity
inducing such breach shall be liable to the state
or local jurisdiction for double the amount of
the financial equivalent of any benefits
obtained by such actions. The manner of
recovery and additional penalties may be
provided by law.
§ 7. Counties and municipalities
Any county or municipality may adopt
ordinances or charter provisions with respect
to ethics matters that are more stringent than
any of the provisions contained in this article.
The requirements of this article shall not apply
to home rule counties or home rule
municipalities that have adopted charters,
ordinances, or resolutions that address the
matters covered by this article.
Source:
Initiated 2006: Entire article added,
effective upon proclamation of the
Governor, L. 2007, p. 2960, December 31,
2006.
§ 8. Conflicting provisions declared
inapplicable
(4) Members of the independent ethics
commission shall have the power to subpoena
documents and to subpoena witnesses to make
statements and produce documents.
(5) Any public officer, member of the general
assembly, local government official, or
government employee may submit a written
request to the independent ethics commission
for an advisory opinion on whether any
conduct by that person would constitute a
violation of this article, or any other standards
of conduct or reporting requirements as
provided by law. The commission shall render
an advisory opinion pursuant to written rules
adopted by the commission.
Any provisions in the statutes of this state in
conflict or inconsistent with this article are
hereby declared to be preempted by this article
and inapplicable to the matters covered by and
provided for in this article.
§ 9. Legislation to facilitate article
Legislation may be enacted to facilitate the
operation of this article, but in no way shall
such legislation limit or restrict the provisions
of this article or the powers herein granted.
i
I I
MEMORANDUM
LC
r
TO: Honorable Mayor Carroll and Town Council Members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
RE: Ordinance No. 2012 -01 Amendments to Town Code of Ethics
DATE: January 18, 2012
Summary: Ordinance No. 12 -01 Amending the Town Code of Ethics is presented for second
reading and public hearing before the Town Council. Town Council passed first reading of the
Ordinance on January 10, 2012. 1 have reviewed the proposed amendments with Council member
Ferraro as a member of the legal sub- committee. Additional amendments are presented to Town
Council based on these discussions. I believe the additional amendments improve the Avon Town
Code of Ethics. The Ordinance as adopted on first reading is attached to this memorandum and a
revised Ordinance which incorporates additional amendments is also attached which includes a
red -line strike -out format to indicate changes to the Avon Town Code of Ethics. Additional
proposed amendments from first reading are identified in this memorandum. Also attached to
this memorandum is a copy of the State Code of Ethics and Article XXIX of the Colorado
Constitution.
Discussion of Amendments: The proposed amendments primarily adopt language in the State
Code of Ethics, set forth in C.R.S. §24 -18 -101 et, seq. and address the option of a home rule
municipality to supersede Article XXIX of the Colorado Constitution.
Definition of Confidential Information (ADDITIONAL AMENDMENT): The definition of
confidential information was amended to refer to the Colorado Open Records Act and to improve
the grammar.
Definition of Officer (ADDITIONAL AMENDMENT): The definition of officer was amended to
include employees and independent contractors who are appointed to official Town positions
(e.g. Town Attorney).
Definition of Substantial Financial Interest (ADDITIONAL AMENDMENT): The reference to
"insolvent" business was deleted so that any creditor interest in a business constitutes a substantial
financial interest in the business (creditor means business owes person money, debtor means
person owes business money).
Confidential Information: Avon Municipal Code ( "AMC' section 2.30.060(1) is amended to adopt
the language in the State Code of Ethics which expands the violation for disclosure of confidential
information to include "any use which would be detrimental to the Town."
Voluntary Disclosure to Secretary of State: Avon Municipal Code ( "AMC ") section 230.110 is
revised to track the language in the State Code of Ethics.
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric @heillaw.com
Avon Town Council
Ord 12 -01 Avon Town Code of Ethics Amendments
January 18, 2012
Page 2 of 2
Exemptions (ADDITIONAL AMENDMENTS): Language is added to reference the Urban Renewal
Authority statutes regarding conflict of interest. The Urban Renewal Authority statutes require
disclosure and allow an Urban Renewal Authority board of directors to determine that an property
ownership interest in a project area does or does not conflict with the public interest.
Disclosure of Conflict (ADDITIONAL AMENDMENTS): 2.30.080 and 2.30.090 were amended to
add a sentence to clarify that a Town Council member or Planning Commission member may not
vote on the determination of whether a conflict of interest exists.
Voting when Conflict Exists (ADDITIONAL AMENDMENT): 2.30.100 was amended to clarify that
there are three elements necessary to allow voting when a conflict exists, (1) quorum is necessary,
(2) disclosure to Secretary of State occurs, and (3) majority of non - conflicted members present at
a meeting vote to permit the conflicted member to vote despite the conflict.
Enforcement (ADDITIONAL AMENDMENT): 2.30.140(b) was amended to add a sentence
clarifying that a Council member may not vote on whether to investigate or prosecute an alleged
conflict of interest involving that Council member.
Enforcement: AMC section 2.30.140 is revised to allow the District Attorney to pursue
enforcement actions in a manner consistent with the State Code of Ethics. A sentence in AMC
2.30.140(c) which allows any complaintant from instituting direct legal action through the
appropriate judicial authority is deleted. The meaning and application of this sentence is not
clear. As a result of these changes, enforcement of the Avon Town Code of Ethics would occur
through either the Avon Town Council or through the District Attorney's office.
Liability: AMC section 2.30.150 is revised to adopt language in the State Code of Ethics
concerning liability for breach of fiduciary duty in a manner consistent with breach of a private
fiduciary. This provision significant expands the potential liability of a town official for violations
of the Town Code of Ethics.
Gift Reporting: AMC section 2.30.170 is a new section which (1) elects the option to supersede
the gift ban set forth in Article XXIX of the Colorado Constitution, (2) adopts requirements for
reporting and disclosure of gifts in excess of $50, and (3) establishes guidelines for the Town
Council to review whether gifts constitute a conflict of interest under the Town Code of Ethics.
Proposed Motion: "I move to continue the public hearing for second and final reading of
Ordinance No. 12 -01 AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS OF
THE AVON MUNICIPAL CODE to February 14,2012."
Thanks, Eric
TOWN OF AVON, COLORADO
ORDINANCE NO. 12 -01
SERIES OF 2012
AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to Section 5.5(d) of the Avon Home Rule Charter states that, "Council
shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of
conduct for elected and appointed officials of the Town;" and
WHEREAS, Town Council believes that amendments to the Town Code of Ethics which are
consistent with the State Code of Ethics will promote application and enforcement of the Town
Code Ethics; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. First Amendment Section 2.30.060(1) of the Avon Municipal Code is hereby
amended by repealing Section 2.30.060(1) in its entirety and re- enacting Section 2.30.060(1) to
read as follows:
"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 or for any use which would be detrimental to the Town ;"
Section 3. Second Amendment Section 2.30.080 of the Avon Municipal Code is hereby
amended by revising the Section title to read, "2.30.080 Disclosure of conflict of interest in
Town Council action."
Section 4. Third Amendment Section 2.30.110 is hereby repealed in its entirety and re-
enacted to read as follows:
"2.30.110 Voluntary Disclosure to Secretary of State.
A Town officer may, prior to acting in a manner which may impinge on his fiduciary
duty and the public trust, disclose the nature of his private interest. Such Town officer
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011 ORDINANCE LANGUAGE AS ADOPTED ON FIRST READING
Page 1 of 4
shall make the disclosure in writing to the secretary of state, 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 under this Town
Code of Ethics or any other local, state or other code of ethics or standards of conduct."
Section 5. Fourth Amendment Section 2.30.140(c) is hereby amended by repealing and
deleting the last sentence as follows:
Section 6. Fifth Amendment Section 2.30.140 is hereby amended by enacting a new
subsection (d) to read as follows:
"(d) The district attorney of the district where the trust is violated may bring appropriate
judicial proceedings on behalf of the people. Any moneys collected in such actions shall
be paid to the general fund of the Avon Town government. Judicial proceedings pursuant
to this section shall be in addition to any criminal action which may be brought against
such Town officer."
Section 7. Sixth Amendment Section 2.30.150 is hereby amended by enacting a new
subsection (d) to read as follows:
"(d) A Town officer whose conduct departs from his fiduciary duty is liable to the people
of the Town of Avon as a trustee of property and shall suffer such other liabilities as a
private fiduciary would suffer for abuse of his or her trust."
Section 8. Seventh Amendment Chapter 2.30 is hereby amended to enact a new Section
2.30.170 to read as follows:
"2.30.170 Gift Reporting.
(a) In accordance with §7, Article XXIX of the Colorado Constitution, the requirements
of Article XXIX of the Colorado Constitution shall not apply to the Town of Avon. It is
the intention and purpose that this section 2.30.170, Chapter 2.30 Avon Town Code of
Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter
provision, ordinance or resolution adopted by the Town of Avon shall completely address
all matters set forth in Article XXIX of the Colorado Constitution.
(b) Any town official or town employee who receives any present, or offer of future,
individual gift, favor, loan, service of thing of value in excess of $50.00 and such gift is
offered due to such person's status as a town official or town employee then such town
official or town employee shall report such gift and the estimated value to the Town
Clerk. The Town Clerk shall promptly disclose gifts received, or offer of future gifts, to
the Town Council. The failure of a town official or town employee to report a gift to the
Town Clerk shall constitute a violation of the Avon Town Code of Ethics.
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011 ORDINANCE LANGUAGE AS ADOPTED ON FIRST READING
Page 2 of 4
(c) Council shall determine if gifts received or offered in the future constitute a conflict
of interest in accordance with the Avon Town Code of Ethics. Gifts which are given by
an individual who is a relative or personal friend of the recipient on special occasions
shall not be deemed a conflict of interest. Gifts which are given without the purpose or
intent to influence a town official or town employee in connection with an official act or
as a reward for an official act taken and gifts which do not create the appearance of
impropriety shall not be a conflict of interest. Gifts which are received which are
determined by Council to be a conflict of interest shall be returned. The failure of a town
official or town employee to return a gift or reimburse the equivalent value when Council
determines such gift is a conflict of interest shall constitute a violation of the Avon Town
Code of Ethics."
Section 9. Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 10. Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 11. Effective Date This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 12. Safety Clause The Town Council hereby fmds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 13. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011 ORDINANCE LANGUAGE AS ADOPTED ON FIRST READING
Page 3 of 4
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 14. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the Ordinance in full is available for public inspection in the office of
the Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 24,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on January 10, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk
Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on January 24, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011 ORDINANCE .LANGUAGE AS ADOPTED ON FIRST READING
Page 4 of 4
TOWN OF AVON, COLORADO
ORDINANCE NO. 12 -01
SERIES OF 2012
AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to Section 5.5(d) of the Avon Home Rule Charter states that, "Council
shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of
conduct for elected and appointed officials of the Town;" and
WHEREAS, Town Council believes that amendments to the Town Code of Ethics which are
consistent with the State Code of Ethics will promote application and enforcement of the Town
Code Ethics; and
WHEREAS, Town Council considered several amendments to this Ordinance on second
reading and continued the public hearing on January 24, 2012 to February 14, 2012 to allow the
public the opportunity to consider and comment on proposed amendments to the Ordinance from
first reading; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment Chapter 2.30 of the Avon Municipal Code is hereby amended by
repealing and deleting language show in strike -out and adopting language depicted by underline
as depicted in EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS attached to
and made a part of this Ordinance.
Section 3. Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — VERSION WITH AMENDMENTS FROM FIRST READING
Page 1 of 3
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause The Town Council hereby fords, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the Ordinance in full is available for public inspection in the office of
the Town Clerk during normal business hours.
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — VERSION WITH AMENDMENTS FROM FIRST READING
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 24,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on January 10, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on February 14, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — V"ERSION WITH AMENDMENTS FROM FIRST READING
Page 3 of 3
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
Town 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 fords 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.
proprietorship, trust or foundation, or other
individual or organization carrying on a
business operated for private profit.
Confidential information means all
information, whether transmitted orally,
electronically or in writing, which is of sae
Vie-; at it is act —4 that time, a f_ta#ep- -e
publie feeer-d E)r- publie knowle4ge, which is
intended to be confidential and which does not
constitute a public record under the Colorado
Open Records Act set forth in C.R.S. §24 -72-
200.1 et. sea including but not limited to
attorney- client confidential and privileged
communications and information received in
an executive session
Council or Town Council means the Town
Council of the Town of Avon.
Council Member means any member of the
Town Council.
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,
an4— any other Town board, committee or
commission any _ employee _ and any
independent contractor
Official act or official action means any vote,
decision, recommendation, approval,
disapproval or other action, including inaction,
which involves the use of discretionary
authority.
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
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 anlN�-� 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.
Page 1 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
An officer 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 o0ff cer shall not:
(1) Disclose or use confidential information
acquired in the course of such eOfficer's duties
(a) in order to further a business or other
undertaking in which such eOfficer has a
substantial financial interest or (b) for any use
which would be detrimental to the Town,
(2) Engage in a substantial financial
transaction for his or her private business
purposes with a person whom such officer
inspects or supervises in the course of his or
her official duties;
(3) Perform an official act which directly and
substantially affects to its economic benefit a
business or other undertaking in which such
eOfficer has a substantial financial interest;
(4) Perform an official act which directly and
substantially affects a business or other
undertaking by whom the officer is employed,
or by whom such eOfficer is engaged as
counsel, consultant, representative or agent;
(5) Acquire or hold an interest in any business
or undertaking which such eOfficer 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;
(6) Perform an official act directly and
substantially affecting to its economic
detriment any business or other undertaking
when such eOfficer has a substantial financial
interest in a competing business or
undertaking;
(7) 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
Subsection shall not apply to those
circumstances described in Subsection
2.30.070(3).
(8) Perform any official act under
circumstances which give rise to appearance of
impropriety on the part of the e0fficer;
(9) 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;
(10) 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 oOfficer from:
(1) Accepting or receiving a benefit as an
indirect consequence of the performance of an
official act;
(2) Taking official action when such eOfficer
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 e, xcept
Page 2 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
that this exemption shall not apply to interests
of Officers of the Avon Urban Renewal
Authority in any project or in any property
included or planned to be included in any
project and the provisions of C.R.S. $31 -25-
104(3) shall control
(3) Soliciting or accepting gifts or loans which
are:
a. Campaign contributions reported as required
by law;
b. An occasional nonpecuniary gift,
insignificant in value;
c. A nonpecuniary award publicly presented
by a nonprofit organization in recognition of
public service;
d. Payment of or reimbursement for actual and
necessary expenditures for travel and
subsistence or attendance at a convention or
other meeting at which such eOfficer is
scheduled to participate;
e. 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
e0fficer;
f. Items of perishable or nonpermanent value,
including, but not limited to, meals, lodging,
travel expenses or tickets to sporting,
recreational, educational, or cultural events;
g. Payment for speeches, debates, or other
public events, reported as honorariums to the
Town Manager;
h. 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.
(4) 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 Diselesure of een fli e t o f
legislative etion. Disclosure of conflict of
interest in Town Council 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
the alleged conflict. The Council shall
determine whether a conflict of interest exists.
The Council member who has an allege
conflict of interest shall not vote on the
determination of whether a conflict of interest
exists, however, such Council member may
participate in the discussion and may remain in
the room with the consent of the majority of
the remaining Council members. �If the
Council determines that an actual conflict of
interest exists, the Council Member 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 Council Member shall not vote upon such
matter. The Council Member shall leave the
room during et;ouncil'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 2.30.060 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
Page 3 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
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. The Planning
Commission member who has an alleged
conflict of interest shall not vote on the
determination of whether a conflict of interest
exists; however, such Planning Commission
member may participate in the discussion and
may remain in the room with the consent of
the maiority of the remaining Planning
Commission members. 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 the
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 Council Member 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 Council 44member or
member of the Planning Commission may vote
upon a matter as to 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) 1-f-he or she complies with the disclosure
provisions of Section 2.30.110 and
(3) a maiority of the Council members or
Planning Commission members present at a
meeting who do not have a conflict of interest
vote to permit such Council member or
Planning Commission member to vote despite
the conflict of interest
Of tom:
,
2.30.110 Voluntary Disclosure to
Secretary of State.
A Town officer may, prior to acting in a
manner which may iWm' e on his or her
fiduciary duty and the public trust disclose the
nature of his or her private interest to the
Colorado Secretary of State Such Town
officer shall make the disclosure in writing to
the Colorado Secretary of State 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 verforming the
act, Such disclosure shall constitute an
affirmative defense to any civil or criminal
action or any other sanction under this Town
Code of Ethics or any other local state or
other code of ethics or standards of conduct
2.30.120 Public contracts.
(a) Except as provided in Subsection (b) of this
Section, no e0fficer shall have an interest in
any contract made by the Town.
Page 4 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
(b) The provisions of Subsection (a) of this
Section shall not apply to:
(1) Contracts awarded
responsible bidder based
bidding procedures;
officer was directly involved during the term
of office or with the Town.
to the lowest 2.30.140 Enforcement.
on competitive
(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 or her in his or her official
capacity. The provisions of this Subsection
shall not apply to those contracts described in
Subsection (b) of this Section.
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 become
employed by an employer who contracts with
the Town involving matters with which such
(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 (1) or
more persons of this Chapter. In the event the
alleged conflict of interest involves a Council
member (or multiple Council members) the
Council member(s) who has an alleged
conflict of interest shall not vote upon whether
to investigate or prosecute the alleged conflict
of interest.
(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.
eawlainants 40M instituting difeet
autl}ef-ity.
(d) The district attorney of the district where
the trust is violated may bring appropriate
iudicial proceedings on behalf of the people
Any moneys collected in such actions shall be
paid to the general fluid of the Avon Town
government. Judicial proceedings pursuant to
this section shall be in addition to any criminal
action which may be brought against such
Town officer.
Page 5 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
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 in accordance with the
provisions of Section 1.08.010 of this Code.
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 shall immediately forfeit
his or her office or position. Nothing in this
Chapter shall be construed to prohibit such
public officer from being reelected,
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 conduct would
not be in the public interest.
2.30.160 Distribution of code of ethics.
intention and purpose that this section
230.170 Chapter 2.30 Avon Town Code of
Ethics of the Avon Municipal Code and any
other applicable Avon Home Rule Charter
provision, ordinance or resolution adopted by
the Town of Avon shall completely address all
matters set forth in Article XXIX of the
Colorado Constitution
(b) Any Town Officer who receives any
present or offer of future individual gift
favor, loan, service or thing of value in excess
of $50.00 and such gift is offered due to such
person's status as a Town Officer then such
Officer shall report such gift and the estimated
value to the Town Clerk. The Town Clerk
shall promptly disclose gifts received or offer
of future gifts to the Town Council The
failure of a Town Officer to report a gift to the
Town Clerk shall constitute a violation of the
Avon Town Code of Ethics.
(c) Council shall determine if gifts received or
offered in the future constitute a conflict of
interest in accordance with the Avon Town
Code of Ethics. Council members who are the
recipient or intended recipient of a gift shall
not vote on whether such gift constitutes a
conflict of interest unless such gift is offered to
Council as a whole or offered to "Town
g enerally.
The Town Clerk shall cause a copy of this
code of ethics to be distributed to every
e€€ieef of the Town within thirty (30)
days after enactment of the ordinance adopting
this Chapter. Each p blie a Town Officer
elected, appointed, or engaged thereafter shall
be furnished a copy before entering upon the
duties of his or her office.
2.30.170 Gift Reporting.
(a) In accordance with �7 Article XXIX of
the Colorado Constitution the requirements of
Article XXIX of the Colorado Constitution
shall not apply to the Town of Avon It is the
(d) Gifts which are given by an individual who
is a relative or personal friend of the ' ient
on special occasions shall not be deemed a
conflict of interest. Gifts which are given.
without the purpose or intent to influence a
Town Officer in connection with an official
act or as a reward for an official act performed
and gifts which do not create the appearance of
impropriety shall not be a conflict of interest
(e) Gifts which are received which are
determined by Council to be a conflict of
interest shall be returned. The receipt of a gift
or the failure to return a gift or reimburse the
Rage 6 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
equivalent value when Council determines
such gift is a conflict of interest shall
constitute a violation of the Avon Town Code
of Ethics.
Page 7 of 7
January 20, 2012
STATE CODE OF ETHICS
§ 24 -18 -101. Legislative Declaration
The general assembly recognizes the
importance of the participation of the citizens
of this state in all levels of government in the
state. The general assembly further recognizes
that, when citizens of this state obtain public
office, conflicts may arise between the public
duty of such a citizen and his or her private
interest. The general assembly hereby declares
that the prescription of some standards of
conduct common to those citizens involved
with government is beneficial to all residents of
the state. The provisions of this part 1
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.
History. L. 88: Entire article added, p. 899, § 1,
effective July 1.
Note:
Law reviews: For article, "Conflicts oflnterest
in Government ", see 18 Colo. Law. 595 (1989);
for article, 'Advising Quasi- Judges: Bias,
Conflicts of Interest, Prejudgment, and Ex
Parte Contacts", see 33 Colo. Law. 69 (March
2004).
Cross References:
For provisions relating to abuse of public
office, see part 4 of article 8 of title 18.
§ 24 -18 -102. Definitions
As used in this part 1, unless the context
otherwise requires:
(1) "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.
(2) "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.
(3) "Employee" means any temporary or
permanent employee of a state agency or any
local government, except a member of the
general assembly and an employee under
contract to the state.
(4) "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.
(5) "Local government" means the government
of any county, city and county, city, town,
special district, or school district.
(6) "Local government official" means an
elected or appointed official of a local
government but does not include an employee
of a local government.
(7) "Official act" or "official action" means any
Page 1 of 8
STATE CODE OF ETHICS
vote, decision, recommendation, approval,
disapproval, or other action, including inaction,
which involves the use of discretionary
authority.
(8) "Public officer" means any elected officer,
the head of a principal department of the
executive branch, and any other state officer.
"Public officer" does not include a member of
the general assembly, a member of the
judiciary, any local government official, or any
member of a board, commission, council, or
committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses.
(9) "State agency" means the state; the general
assembly and its committees; every executive
department, board, commission, committee,
bureau, and office; every state institution of
higher education, whether established by the
state constitution or by law, and every
governing board thereof; and every
independent commission and other political
subdivision of the state government except the
courts.
History. L. 88: Entire article added, p. 899, § 1,
effective July 1. L. 90: (1) amended, p. 447, §
10, effective April 18. L. 91: (8) amended, p.
837, § 1, effective March 29.
§ 24 -18 -103. Public Trust - Breach of
Fiduciary Duty
(1) The holding of public office or employment
is a public trust, created by the confidence
which the electorate reposes in the integrity of
public officers, members of the general
assembly, local government officials, and
employees. A public officer, member of the
general assembly, local government official, or
employee shall carry out his duties for the
benefit of the people of the state.
(2) A public officer, member of the general
assembly, local government official, or
employee whose conduct departs from his
fiduciary duty is liable to the people of the state
as a trustee of property and shall suffer such
other liabilities as a private fiduciary would
suffer for abuse of his trust. The district
attorney of the district where the trust is
violated may bring appropriate judicial
proceedings on behalf of the people. Any
moneys collected in such actions shall be paid
to the general fund of the state or local
government. Judicial proceedings pursuant to
this section shall be in addition to any criminal
action which may be brought against such
public officer, member of the general
assembly, local government official, or
employee.
History. L. 88: Entire article added, p. 900, § 1,
effective July 1.
§ 24 -18 -104. Rules of Conduct for All Public
Officers, Members of the General Assembly,
Local Government Officials, and Employees
(1) 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 public
officer, a member of the general assembly, a
local government official, or an employee shall
not:
(a) Disclose or use confidential information
acquired in the course of his official duties in
order to further substantially his personal
financial interests; or
(b) Accept a gift of substantial value or a
substantial economic benefit tantamount to a
gift of substantial value:
(I) Which would tend improperly to influence a
Page 2 of 8
reasonable person in his position to depart from
the faithful and impartial discharge of his
public duties; or
(II) 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.
(2) 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.
(3) The following shall not be considered gifts
of substantial value or gifts of substantial
economic benefit tantamount to gifts of
substantial value for purposes of this section:
(a) Campaign contributions and contributions
in kind reported as required by section
1 -45 -108, C.R.S.;
(b) An occasional nonpecuniary gift,
insignificant in value;
(c) A nonpecuniary award publicly presented
by a nonprofit organization in recognition of
public service;
(d) Payment of or reimbursement for actual and
necessary expenditures for travel and
subsistence for attendance at a convention or
other meeting at which such public officer,
member of the general assembly, local
government official, or employee is scheduled
to participate;
(e) Reimbursement for or acceptance of an
opportunity to participate in a social function or
meeting which is offered to such public officer,
member of the general assembly, local
government official, or employee which is not
extraordinary when viewed in light of the
position held by such public officer, member of
the general assembly, local government
official, or employee;
(f) Items of perishable or nonpermanent value,
including, but not limited to, meals, lodging,
travel expenses, or tickets to sporting,
recreational, educational, or cultural events;
(g) Payment for speeches, appearances, or
publications reported pursuant to section
24 -6 -203 ;
(h) Payment of salary from employment,
including other government employment, in
addition to that earned from being a member of
the general assembly or by reason of service in
other public office.
(4) The provisions of this section are distinct
from and in addition to the reporting
requirements of section 1 -45 -108, C.R.S., and
section 24 -6 -203, and do not relieve an
incumbent in or elected candidate to public
office from reporting an item described in
subsection (3) of this section, if such reporting
provisions apply.
History. L. 88: p. 901, § 1. L. 92: (3)(g) and
(3)(h) amended, p. 874, § 103, effective
January 1, 1993. L. 94: (3) amended and (4)
added, p. 1827, § 4, effective January 1, 1995.
§ 24 -18 -105. Ethical Principles for Public
Officers, Local Government Officials, and
Employees
(1) 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
Page 3 of 8
STATE CODE OF ETHICS
employment in state or local government.
(2) A public officer, a local government
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 over which he has substantive
authority.
(3) A public officer, a local government
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.
(4) A public officer, a local government
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.
History. L. 88: Entire article added, p. 902, § 1,
effective July 1.
§ 24 -18 -106. Rules of Conduct for Members
of the General Assembly
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the member of the general
assembly committing the act has breached his
fiduciary duty and the public trust. A member
of the general assembly shall not accept a fee, a
contingent fee, or any other compensation,
except his official compensation provided by
statute, for promoting or opposing the passage
of legislation.
(2) It shall not be a breach of fiduciary duty
and the public trust for a member of the general
assembly to:
(a) Use state facilities or equipment to
communicate or correspond with a member's
constituents, family members, or business
associates;
(b) Accept or receive a benefit as an indirect
consequence of transacting state business; or
(c) Accept the payment of or reimbursement
for actual and necessary expenses for travel,
board, and lodging from any organization
declared to be a joint governmental agency of
this state under section 2 -3 -211 (2), C.R.S., if:
(I) (A) The expenses are related to the
member's attendance at a convention or
meeting of the joint governmental agency at
which the member is scheduled to deliver a
speech, make a presentation, participate on a
panel, or represent the state of Colorado or for
some other legitimate state purpose;
(B) The travel, board, and lodging
arrangements are appropriate for purposes of
the member's attendance at the convention or
meeting;
(C) The duration of the member's stay is no
longer than is reasonably necessary for the
member to accomplish the purpose of his or her
attendance at the convention or meeting;
(D) The member is not currently and will not
subsequent to the convention or meeting be in a
position to take any official action that will
benefit the joint governmental agency; and
Page 4 of 8
STATE CODE OF ETHICS
(E) The attendance at conventions or meetings
of the joint governmental agency has been
approved by the executive committee of the
legislative council or by the leadership of the
house of the general assembly to which the
member belongs; or
(II) The general assembly pays regular
monthly, annual, or other periodic dues to the
joint governmental agency that are invoiced
expressly to cover travel, board, and lodging
expenses for the attendance of members at
conventions or meetings of the joint
governmental agency.
(3) Notwithstanding any other provision of
law, no member of the general assembly shall
lobby, solicit lobbying business or contracts, or
otherwise establish a lobbying business or
practice respecting issues before the general
assembly prior to the expiration of his or her
term. Where the member tenders his or her
resignation prior to the expiration of his or her
term, the requirements of this subsection (3)
shall apply up through the date of the member's
resignation from office.
History. Amended by 2010 Ch. 184, §4, eff.
8/11/2010.
L. 88: Entire article added, p. 902, § 1,
effective July 1. L. 2003: (3) added, p. 1230, §
1, effective July 1.
Note: 2010 Ch. 184, was passed without a
safety clause. See Colo. Const. art. V, § 1(3).
§ 24 -18 -107. Ethical Principles for Members
of the General Assembly
(1) The principles in this section are intended
only as guides to a member of the general
assembly in determining whether or not his
conduct is ethical.
(2) A member of the general assembly who has
a personal or private interest in any measure or
bill proposed or pending before the general
assembly shall disclose the fact to the house of
which he is a member and shall not vote
thereon. In deciding whether or not he has such
an interest, a member shall consider, among
other things, the following:
(a) Whether the interest impedes his
independence of judgment;
(b) The effect of his participation on public
confidence in the integrity of the general
assembly; and
(c) Whether his participation is likely to have
any significant effect on the disposition of the
matter.
(3) An interest situation does not arise from
legislation affecting the entire membership of a
class.
(4) If a member of the general assembly elects
to disclose the interest, he shall do so as
provided in the rules of the house of
representatives or the senate, but in no case
shall failure to disclose constitute a breach of
the public trust of legislative office.
History. L. 88: Entire article added, p. 902, § 1,
effective July 1.
§ 24 -18 -108. Rules of Conduct for Public
Officers and State Employees
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the actor has breached his
fiduciary duty.
(2) A public officer or a state employee shall
not:
Page 5 of 8
STATE CODE OF ETHICS
(a) Engage in a substantial financial transaction
for his private business purposes with a person
whom he inspects, regulates, or supervises in
the course of his official duties;
(b) Assist any person for a fee or other
compensation in obtaining any contract, claim,
license, or other economic benefit from his
agency;
(c) Assist any person for a contingent fee in
obtaining any contract, claim, license, or other
economic benefit from any state agency; or
(d) Perform an official act directly and
substantially affecting to its economic benefit a
business or other undertaking in which he
either has a substantial financial interest or is
engaged as counsel, consultant, representative,
or agent.
(3) A head of a principal department or a
member of a quasi-judicial or rule- making
agency may perform an official act
notwithstanding paragraph (d) of subsection
(2) of this section if his participation is
necessary to the administration of a statute and
if he complies with the voluntary disclosure
procedures under section 24 -18 -110.
(4) Repealed.
History. L. 88: Entire article added, p. 903, § 1,
effective July 1. L. 91: (4) repealed, p. 837, § 2,
effective March 29.
§ 24 -18- 108.5. Rules of Conduct for
Members of Boards and Commissions
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the actor has breached his
fiduciary duty.
(2) A member of a board, commission, council,
or committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses shall not perform an
official act which may have a direct economic
benefit on a business or other undertaking in
which such member has a direct or substantial
financial interest.
History. L. 91: Entire section added, p. 837, §
3, effective March 29.
§ 24 -18 -109. Rules of Conduct for Local
Government Officials and Employees
(1) 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.
(2) A local government official or local
government employee shall not:
(a) 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
(b) Perform an official act directly and
substantially affecting to its economic benefit a
business or other undertaking in which he
either has a substantial financial interest or is
engaged as counsel, consultant, representative,
or agent.
(3) (a) A member of the governing body of a
local government who has a personal or private
interest in any matter proposed or pending
before the governing body shall disclose such
interest to the governing body and shall not
vote thereon and shall refrain from attempting
to influence the decisions of the other members
of the governing body in voting on the matter.
Page 6 of 8
STATE CODE OF ETHICS
(b) A member of the governing body of a local
government may vote notwithstanding
paragraph (a) of this subsection (3) if his
participation is necessary to obtain a quorum or
otherwise enable the body to act and if he
complies with the voluntary disclosure
procedures under section 24 -18 -110.
(4) It shall not be a breach of fiduciary duty and
the public trust for a local government official
or local government employee to:
(a) Use local government facilities or
equipment to communicate or correspond with
a member's constituents, family members, or
business associates; or
(b) Accept or receive a benefit as an indirect
consequence of transacting local government
business.
History. L. 88: Entire article added, p. 903, § 1,
effective July 1.
§ 24 -18 -110. Voluntary Disclosure
A member of a board, commission, council, or
committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses, a member of the
general assembly, a public officer, a local
government official, or an employee may, prior
to acting in a manner which may impinge on
his fiduciary duty and the public trust, disclose
the nature of his private interest. Members of
the general assembly shall make disclosure as
provided in the rules of the house of
representatives and the senate, and all others
shall make the disclosure in writing to the
secretary of state, 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.
History. L. 88: Entire article added, p. 904, § 1,
effective July 1. L. 91: Entire section amended,
p. 838, § 4, effective March 29.
§ 24 -18 -111. [Repealed]
History. Repealed by 2010 Ch. 405, §2, eff.
6/10/2010.
Prior History: ( L. 88: Entire article added, p.
904, § 1, effective July 1.)
§ 24 -18 -112. Board of Ethics for the
Executive Branch - Created - Duties
(1) There is hereby created a board of ethics for
the executive branch of state government in the
office of the governor. The board shall consist
of five members to be appointed by and serve
at the pleasure of the governor.
(2) The board of ethics for the executive branch
shall:
(a) Comment, when requested by the governor,
on each proposed gubernatorial appointment,
including the heads of the principal
departments and the senior members of the
governor's office based upon the provisions of
this article;
(b) Upon written request of the governor,
review complaints of any violation of the
provisions of this article by a member of the
executive branch of state government;
Page 7 of 8
STATE CODE OF ETHICS
(c) Make written recommendations to the
governor concerning his requests; and
(d) Review appeals brought before the board of
ethics pursuant to section 24- 30- 1003(4).
History. L. 88: Entire article added, p. 905, § 1,
effective July 1. L. 94: (2) amended, p. 1249, §
2, effective July 1.
§ 24 -18 -113. Board of Ethics for the General
Assembly - Created - Duties
(1) (a) There is hereby created a board of ethics
for the general assembly. The board shall
consist of four legislative members. One
member shall be appointed by and serve at the
pleasure of the majority leader of the house of
representatives; one member shall be appointed
by and serve at the pleasure of the majority
leader of the senate; one member shall be
appointed by and serve at the pleasure of the
minority leader of the house of representatives;
and one member shall be appointed by and
serve at the pleasure of the minority leader of
the senate.
(b) The terms of the members appointed by the
majority and minority leaders of the house of
representatives and the senate and who are
serving on March 22, 2007, shall be extended
to and expire on or shall terminate on the
convening date of the first regular session of
the sixty - seventh general assembly. As soon as
practicable after such convening date, the
majority and minority leaders of the house of
representatives and the senate shall each
appoint or reappoint members in the same
manner as provided in paragraph (a) of this
subsection (1). Thereafter, the terms of
members appointed or reappointed by the
majority and minority leaders of the house of
representatives and the senate shall expire on
the convening date of the first regular session
of each general assembly, and all subsequent
appointments and reappointments by the
majority and minority leaders of the house of
representatives and the senate shall be made as
soon as practicable after such convening date.
The person making the original appointment or
reappointment shall fill any vacancy by
appointment for the remainder of an unexpired
term. Members appointed or reappointed by the
majority and minority leaders of the house of
representatives and the senate shall continue in
office until the member's successor is
appointed.
(2) The board of ethics for the general
assembly shall, upon written request of a
member of the general assembly, issue
advisory opinions concerning issues relating to
the requesting member's conduct and the
provisions of this article.
History. L. 88: Entire article added, p. 905, § 1,
effective July 1. L. 2007: (1) amended, p. 181,
§ 13, effective March 22.
Page 8 of 8
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
COLORADO CONSTITUTION
ARTICLE XXIX
§ 1. Purposes and findings
(1) The people of the state of Colorado hereby
fmd and declare that:
(a) The conduct of public officers, members of
the general assembly, local government
officials, and government employees must
hold the respect and confidence of the people;
(b) They shall carry out their duties for the
benefit of the people of the state;
(c) They shall, therefore, avoid conduct that is
in violation of their public trust or that creates a
justifiable impression among members of the
public that such trust is being violated;
(d) Any effort to realize personal financial gain
through public office other than compensation
provided by law is a violation of that trust; and
(e) To ensure propriety and to preserve public
confidence, they must have the benefit of
specific standards to guide their conduct, and
of a penalty mechanism to enforce those
standards.
(2) The people of the state of Colorado also
fmd and declare that there are certain costs
associated with holding public office and that
to ensure the integrity of the office, such costs
of a reasonable and necessary nature should be
born by the state or local government.
§ 2. Definitions
(3) "Local government official" means an
elected or appointed official of a local
government but does not include an employee
of a local government.
(4) "Person" means any individual,
corporation, business trust, estate, trust, limited
liability company, partnership, labor
organization, association, political party,
committee, or other legal entity.
(5) "Professional lobbyist" means any
individual who engages himself or herself or is
engaged by any other person for pay or for any
consideration for lobbying. "Professional
lobbyist" does not include any volunteer
lobbyist, any state official or employee acting
in his or her official capacity, except those
designated as lobbyists as provided by law, any
elected public official acting in his or her
official capacity, or any individual who
appears as counsel or advisor in an
adjudicatory proceeding.
(6) "Public officer" means any elected officer,
including all statewide elected officeholders,
the head of any department of the executive
branch, and elected and appointed members of
state boards and commissions. "Public officer"
does not include a member of the general
assembly, a member of the judiciary, any local
government official, or any member of a board,
commission, council or committee who
receives no compensation other than a per
diem allowance or necessary and reasonable
expenses.
As used in this article, unless the context
otherwise requires:
(1) "Government employee" means any
employee, including independent contractors,
of the state executive branch, the state
legislative branch, a state agency, a public
institution of higher education, or any local
government, except a member of the general
assembly or a public officer.
(2) "Local government" means county or
municipality.
§ 3. Gift ban
(1) No public officer, member of the general
assembly, local government official, or
government employee shall accept or receive
any money, forbearance, or forgiveness of
indebtedness from any person, without such
person receiving lawful consideration of equal
or greater value in return from the public
officer, member of the general assembly, local
government official, or government employee
who accepted or received the money,
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
forbearance or forgiveness of indebtedness
(2) No public officer, member of the general
assembly, local government official, or
government employee, either directly or
indirectly as the beneficiary of a gift or thing of
value given to such person's spouse or
dependent child, shall solicit, accept or receive
any gift or other thing of value having either a
fair market value or aggregate actual cost
greater than fifty dollars ($50) in any calendar
year, including but not limited to, gifts, loans,
rewards, promises or negotiations of future
employment, favors or services, honoraria,
travel, entertainment, or special discounts,
from a person, without the person receiving
lawful consideration of equal or greater value
in return from the public officer, member of the
general assembly, local government official, or
government employee who solicited, accepted
or received the gift or other thing of value.
(3) The prohibitions in subsections (1) and (2)
of this section do not apply if the gift or thing
of value is:
(a) A campaign contribution as defined by law;
(b) An unsolicited item of trivial value less
than fifty dollars ($50), such as a pen, calendar,
plant, book, note pad or other similar item;
(c) An unsolicited token or award of
appreciation in the form of a plaque, trophy,
desk item, wall memento, or similar item;
(d) Unsolicited informational material,
publications, or subscriptions related to the
recipient's performance of official duties;
(e) Admission to, and the cost of food or
beverages consumed at, a reception, meal or
meeting by an organization before whom the
recipient appears to speak or to answer
questions as part of a scheduled program;
(f) Reasonable expenses paid by a nonprofit
organization or other state or local government
for attendance at a convention, fact - finding
mission or trip, or other meeting if the person is
scheduled to deliver a speech, make a
presentation, participate on a panel, or
represent the state or local government,
provided that the non - profit organization
receives less than five percent (5 %) of its
funding from for -profit organizations or
entities;
(g) Given by an individual who is a relative or
personal friend of the recipient on a special
occasion.
(h) A component of the compensation paid or
other incentive given to the recipient in the
normal course of employment.
(4) Notwithstanding any provisions of this
section to the contrary, and excepting
campaign contributions as defined by law, no
professional lobbyist, personally or on behalf
of any other person or entity, shall knowingly
offer, give, or arrange to give, to any public
officer, member of the general assembly, local
government official, or government employee,
or to a member of such person's immediate
family, any gift or thing of value, of any kind
or nature, nor knowingly pay for any meal,
beverage, or other item to be consumed by
such public officer, member of the general
assembly, local government official or
government employee, whether or not such gift
or meal, beverage or other item to be consumed
is offered, given or paid for in the course of
such lobbyist's business or in connection with a
personal or social event; provided, however,
that a professional lobbyist shall not be
prohibited from offering or giving to a public
officer, member of the general assembly, local
government official or government employee
who is a member of his or her immediate
family any such gift, thing of value, meal,
beverage or other item.
(5) The general assembly shall make any
conforming amendments to the reporting and
disclosure requirements for public officers,
members of the general assembly and
professional lobbyists, as provided by law, to
comply with the requirements set forth in this
section.
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
(6) The fifty - dollar ($50) limit set forth in
subsection (2) of this section shall be adjusted
by an amount based upon the percentage
change over a four -year period in the United
States bureau of labor statistics consumer price
index for Denver- Boulder- Greeley, all items,
all consumers, or its successor index, rounded
to the nearest lowest dollar. The first
adjustment shall be done in the first quarter of
2011 and then every four years thereafter.
§ 4. Restrictions on
No statewide elected officeholder or member
of the general assembly shall personally
represent another person or entity for
compensation before any other statewide
elected officeholder or member of the general
assembly, for a period of two years following
vacation of office. Further restrictions on
public officers or members of the general
assembly and similar restrictions on other
public officers, local government officials or
government employees may be established by
law.
§ 5. Independent ethics commission
(1) There is hereby created an independent
ethics commission to be composed of five
members. The purpose of the independent
ethics commission shall be to hear complaints,
issue findings, and assess penalties, and also to
issue advisory opinions, on ethics issues
arising under this article and under any other
standards of conduct and reporting
requirements as provided by law. The
independent ethics commission shall have
authority to adopt such reasonable rules as may
be necessary for the purpose of administering
and enforcing the provisions of this article and
any other standards of conduct and reporting
requirements as provided by law. The general
assembly shall appropriate reasonable and
necessary funds to cover staff and
administrative expenses to allow the
independent ethics commission to carry out its
duties pursuant to this article. Members of the
commission shall receive no compensation for
their services on the commission.
(2) (a) Members of the independent ethics
commission shall be appointed in the
following manner and order:
(I) One member shall be appointed by the
Colorado senate;
(II) One member shall be appointed by the
Colorado house of representatives;
(III) One member shall be appointed by the
governor of the state of Colorado;
(IV) One member shall be appointed by the
chief justice of the Colorado supreme court;
and
(V) One member shall be either a local
government official or a local government
employee appointed by the affirmative vote of
at least three of the four members appointed
pursuant to subparagraphs (I) to (IV) of this
paragraph (a).
(b) No more than two members shall be
affiliated with the same political party.
(c) Each of the five members shall be
registered Colorado voters and shall have been
continuously registered with the same political
party, or continuously unaffiliated with any
political party, for at least two years prior to
appointment to the commission.
(d) Members of the independent ethics
commission shall be appointed to terms of four
years; except that, the first member appointed
by the Colorado senate and the first member
appointed by the governor of the state of
Colorado shall initially serve two year terms to
achieve staggered ending dates.
(e) If a member is appointed to fill an
unexpired term, that member's term shall end
at the same time as the term of the person being
replaced.
(f) Each member shall continue to serve until a
successor has been appointed, except that if a
member is unable or unwilling to continue to
serve until a successor has been appointed, the
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
original appointing authority as described in
this subsection shall fill the vacancy promptly.
(3) (a) Any person may file a written complaint
with the independent ethics commission asking
whether a public officer, member of the
general assembly, local government official, or
government employee has failed to comply
with this article or any other standards of
conduct or reporting requirements as provided
by law within the preceding twelve months.
(b) The commission may dismiss frivolous
complaints without conducting a public
hearing. Complaints dismissed as frivolous
shall be maintained confidential by the
commission.
(c) The commission shall conduct an
investigation, hold a public hearing, and render
findings on each non- frivolous complaint
pursuant to written rules adopted by the
commission.
(d) The commission may assess penalties for
violations as prescribed by this article and
provided by law.
(e) There is hereby established a presumption
that the findings shall be based on a
preponderance of evidence unless the
commission determines that the circumstances
warrant a heightened standard.
§ 6. Penalty
Any public officer, member of the general
assembly, local government official or
government employee who breaches the public
trust for private gain and any person or entity
inducing such breach shall be liable to the state
or local jurisdiction for double the amount of
the financial equivalent of any benefits
obtained by such actions. The manner of
recovery and additional penalties may be
provided by law.
§ 7. Counties and municipalities
Any county or municipality may adopt
ordinances or charter provisions with respect
to ethics matters that are more stringent than
any of the provisions contained in this article.
The requirements of this article shall not apply
to home rule counties or home rule
municipalities that have adopted charters,
ordinances, or resolutions that address the
matters covered by this article.
Source:
Initiated 2006: Entire article added,
effective upon proclamation of the
Governor, L. 2007, p. 2960, December 31,
2006.
§ 8. Conflicting provisions declared
inapplicable
(4) Members of the independent ethics
commission shall have the power to subpoena
documents and to subpoena witnesses to make
statements and produce documents.
(5) Any public officer, member of the general
assembly, local government official, or
government employee may submit a written
request to the independent ethics commission
for an advisory opinion on whether any
conduct by that person would constitute a
violation of this article, or any other standards
of conduct or reporting requirements as
provided by law. The commission shall render
an advisory opinion pursuant to written rules
adopted by the commission.
Any provisions in the statutes of this state in
conflict or inconsistent with this article are
hereby declared to be preempted by this article
and inapplicable to the matters covered by and
provided for in this article.
§ 9. Legislation to facilitate article
Legislation may be enacted to facilitate the
operation of this article, but in no way shall
such legislation limit or restrict the provisions
of this article or the powers herein granted.
MEMORANDUM
TO: Honorable Mayor Carroll and Town Council Members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
RE: Ordinance No. 2012 -01 Amendments to Town Code of Ethics
DATE: February 8, 2012
Summary. Ordinance No. 12 -01 Amending the Town Code of Ethics is presented for second
reading and public hearing before the Town Council. Town Council passed first reading of the
Ordinance on January 10, 2012. 1 have reviewed the proposed amendments with Council member
Ferraro as a member of the legal sub - committee. Additional amendments are presented to Town
Council based on these discussions. I believe the additional amendments improve the Avon Town
Code of Ethics. The Ordinance as adopted on first reading is attached to this memorandum and a
revised Ordinance which incorporates additional amendments is also attached which includes a
red -line strike -out format to indicate changes to the Avon Town Code of Ethics. Additional
proposed amendments from first reading are identified in this memorandum. Also attached to
this memorandum is a copy of the State Code of Ethics and Article XXIX of the Colorado
Constitution.
Discussion of Amendments: The proposed amendments primarily adopt language in the State
Code of Ethics, set forth in C.R.S. §24 -18 -101 et seq. and address the option of a home rule
municipality to supersede Article XXIX of the Colorado Constitution.
Definition of Confidential Information (ADDITIONAL AMENDMENT): The definition of
confidential information was amended to refer to the Colorado Open Records Act and to improve
the grammar.
Definition of Officer (ADDITIONAL AMENDMENT): The definition of officer was amended to
include employees and independent contractors who are appointed to official Town positions
(e.g. Town Attorney).
Definition of Substantial financial Interest (ADDITIONAL AMENDMENT): The reference to
"insolvent" business was deleted so that any creditor interest in a business constitutes a substantial
financial interest in the business (creditor means business owes person money, debtor means
person owes business money).
Confidential Information: Avon Municipal Code ( "AMC'j section 2.30.060(1) is amended to adopt
the language in the State Code of Ethics which expands the violation for disclosure of confidential
information to include "any use which would be detrimental to the Town."
Voluntary Disclosure to Secretary of State: Avon Municipal Code ( "AMC ") section 230.110 is
revised to track the language in the State Code of Ethics.
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E -Mail: eric @heillaw.com
Avon Town Council
Ord 12 -01 Avon Town Code of Ethics Amendments
February 8, 2012
Page 2 of 2
Exemptions (ADDITIONAL AMENDMENTS): Language is added to reference the Urban Renewal
Authority statutes regarding conflict of interest. The Urban Renewal Authority statutes require
disclosure and allow an Urban Renewal Authority board of directors to determine that an property
ownership interest in a project area does or does not conflict with the public interest.
Disclosure of Conflict (ADDITIONAL AMENDMENTS): 2.30.080 and 2.30.090 were amended to
add a sentence to clarify that a Town Council member or Planning Commission member may not
vote on the determination of whether a conflict of interest exists.
Voting when Conflict Exists (ADDITIONAL AMENDMENT): 2.30.100 was amended to clarify that
there are three elements necessary to allow voting when a conflict exists, (1) quorum is necessary,
(2) disclosure to Secretary of State occurs, and (3) majority of non - conflicted members present at
a meeting vote to permit the conflicted member to vote despite the conflict.
Enforcement (ADDITIONAL AMENDMENT): 2.30.140(b) was amended to add a sentence
clarifying that a Council member may not vote on whether to investigate or prosecute an alleged
conflict of interest involving that Council member.
Enforcement: AMC section 2.30.140 is revised to allow the District Attorney to pursue
enforcement actions in a manner consistent with the State Code of Ethics. A sentence in AMC
2.30.140(c) which allows any complainant from instituting direct legal action through the
appropriate judicial authority is deleted. The meaning and application of this sentence is not
clear. As a result of these changes, enforcement of the Avon Town Code of Ethics would occur
through either the Avon Town Council or through the District Attorney's office.
Liability: AMC section 2.30.150 is revised to adopt language in the State Code of Ethics
concerning liability for breach of fiduciary duty in a manner consistent with breach of a private
fiduciary. This provision significant expands the potential liability of a town official for violations
of the Town Code of Ethics.
Gift Reporting: AMC section 2.30.170 is a new section which (1) elects the option to supersede
the gift ban set forth in Article XXIX of the Colorado Constitution, (2) adopts requirements for
reporting and disclosure of gifts in excess of $50, and (3) establishes guidelines for the Town
Council to review whether gifts constitute a conflict of interest under the Town Code of Ethics.
Requested Town Council Action: Adopt, amend or disapprove Ordinance No. 12 -01 on second
reading.
Proposed Motion: "I move to approve Ordinance No. 12 -01 AN ORDINANCE AMENDING
CHAPTER 2.30 TOWN CODE OF ETHICS OF THE AVON MUNICIPAL CODE on second and final
reading."
Thanks, Eric
TOWN OF AVON, COLORADO
ORDINANCE NO. 12 -01
SERIES OF 2012
AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to Section 5.5(d) of the Avon Home Rule Charter states that, "Council
shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of
conduct for elected and appointed officials of the Town;" and
WHEREAS, Town Council believes that amendments to the Town Code of Ethics which are
consistent with the State Code of Ethics will promote application and enforcement of the Town
Code Ethics; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. First Amendment Section 2.30.060(1) of the Avon Municipal Code is hereby
amended by repealing Section 2.30.060(1) in its entirety and re- enacting Section 2.30.060(1) to
read as follows:
"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 or for any use which would be detrimental to the Town;"
Section 3. Second Amendment Section 2.30.080 of the Avon Municipal Code is hereby
amended by revising the Section title to read, "2.30.080 Disclosure of conflict of interest in
Town Council action."
Section 4. Third Amendment Section 2.30.110 is hereby repealed in its entirety and re-
enacted to read as follows:
"2.30.110 Voluntary Disclosure to Secretary of State.
A Town officer may, prior to acting in a manner which may impinge on his fiduciary
duty and the public trust, disclose the nature of his private interest. Such Town officer
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011 ORDINANCE LANGUAGE AS ADOPTED ON FIRST READING
Page 1 of 4
shall make the disclosure in writing to the secretary of state, 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 under this Town
Code of Ethics or any other local, state or other code of ethics or standards of conduct."
Section 5. Fourth Amendment Section 2.30.140(c) is hereby amended by repealing and
deleting the last sentence as follows:
" However - , a net�iing in this Ch a p t er- s h a ll 11 b eo tis t fue d t preven 1 + + .i„
nst t,,titig dir -eet legal artier th b. t1, t
o a b YY Y � J d 1 +b icy "
Section 6. Fifth Amendment Section 2.30.140 is hereby amended by enacting a new
subsection (d) to read as follows:
"(d) The district attorney of the district where the trust is violated may bring appropriate
judicial proceedings on behalf of the people. Any moneys collected in such actions shall
be paid to the general fund of the Avon Town government. Judicial proceedings pursuant
to this section shall be in addition to any criminal action which may be brought against
such Town officer."
Section 7. Sixth Amendment Section 2.30.150 is hereby amended by enacting a new
subsection (d) to read as follows:
"(d) A Town officer whose conduct departs from his fiduciary duty is liable to the people
of the Town of Avon as a trustee of property and shall suffer such other liabilities as a
private fiduciary would suffer for abuse of his or her trust."
Section 8. Seventh Amendment Chapter 2.30 is hereby amended to enact a new Section
2.30.170 to read as follows:
"2.30.170 Gift Reporting.
(a) In accordance with §7, Article XXIX of the Colorado Constitution, the requirements
of Article XXIX of the Colorado Constitution shall not apply to the Town of Avon. It is
the intention and purpose that this section 2.30.170, Chapter 2.30 Avon Town Code of
Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter
provision, ordinance or resolution adopted by the Town of Avon shall completely address
all matters set forth in Article XXIX of the Colorado Constitution.
(b) Any town official or town employee who receives any present, or offer of future,
individual gift, favor, loan, service of thing of value in excess of $50.00 and such gift is
offered due to such person's status as a town official or town employee then such town
official or town employee shall report such gift and the estimated value to the Town
Clerk. The Town Clerk shall promptly disclose gifts received, or offer of future gifts, to
the Town Council. The failure of a town official or town employee to report a gift to the
Town Clerk shall constitute a violation of the Avon Town Code of Ethics.
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011 ORDINANCE LANGUAGE AS ADOPTED ON FIRST READING
Page 2 of 4
(c) Council shall determine if gifts received or offered in the future constitute a conflict
of interest in accordance with the Avon Town Code of Ethics. Gifts which are given by
an individual who is a relative or personal friend of the recipient on special occasions
shall not be deemed a conflict of interest. Gifts which are given without the purpose or
intent to influence a town official or town employee in connection with an official act or
as a reward for an official act taken and gifts which do not create the appearance of
impropriety shall not be a conflict of interest. Gifts which are received which are
determined by Council to be a conflict of interest shall be returned. The failure of a town
official or town employee to return a gift or reimburse the equivalent value when Council
determines such gift is a conflict of interest shall constitute a violation of the Avon Town
Code of Ethics."
Section 9. Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 10. Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 11. Effective Date This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 12. Safety Clause The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 13. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011 ORDINANCE LANGUAGE AS ADOPTED ON FIRST READING
Page 3 of 4
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 14. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the Ordinance in full is available for public inspection in the office of
the Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 24,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on January 10, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on January 24, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -01 Amending Town Code of Ethics DRAFT
January 6, 2011 ORDINANCE LANGUAGE AS ADOPTED ON FIRST READING
Page 4 of 4
TOWN OF AVON, COLORADO
ORDINANCE NO. 12 -01
SERIES OF 2012
AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to Section 5.5(d) of the Avon Home Rule Charter states that, "Council
shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of
conduct for elected and appointed officials of the Town;" and
WHEREAS, Town Council believes that amendments to the Town Code of Ethics which are
consistent with the State Code of Ethics will promote application and enforcement of the Town
Code Ethics; and
WHEREAS, Town Council considered several amendments to this Ordinance on second
reading and continued the public hearing on January 24, 2012 to February 14, 2012 to allow the
public the opportunity to consider and comment on proposed amendments to the Ordinance from
first reading; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council,
Section 2. Amendment Chapter 2.30 of the Avon Municipal Code is hereby amended by
repealing and deleting language show in strike -out and adopting language depicted by underline
as depicted in EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS attached to
and made a part of this Ordinance.
Section 3. Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — VERSION WITH AMENDMENTS FROM FIRST READING
Page 1 of 3
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the Ordinance in full is available for public inspection in the office of
the Town Clerk during normal business hours.
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — VERSION WITH AMENDMENTS FROM FIRST READING
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 24,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on January 10, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on February 14, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -01 Amending Town Code of Ethics
January 18, 2012 — VERSION WITH AMENDMENTS FROM FIRST READING
Page 3 of 3
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
Town 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 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 operated for private profit.
Confidential information means all
information, whether transmitted orally,
electronicall y or in writing, whieh is of s '-
u
Y awr dia4 4 is net, at that time, a matter -e€
bli o ,,..a u bli e !Effe w L-d which is
intended to be confidential and which does not
constitute a public record under the Colorado
Open Records Act set forth in C.R.S. §24 -72-
200.1 et. seq. including but not limited to
attornev- client confidential and privileged
communications and information received in
an executive session
Council or Town Council means the Town
Council of the Town of Avon.
Council Member means any member of the
Town Council.
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 Town board, committee or
commission any employee and any
independent contractor
Official act or official action means any vote,
decision, recommendation, approval,
disapproval or other action, including inaction,
which involves the use of discretionary
authority.
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 an4as 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.
Page 1 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
An officer 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 eOfficer shall not:
(1) Disclose or use confidential information
acquired in the course of such eOfficer's duties
in order to further a business or other
undertaking in which such eOfficer has a
substantial financial interest or (b) for any use
which would be detrimental to the Town,
(2) Engage in a substantial financial
transaction for his or her private business
purposes with a person whom such officer
inspects or supervises in the course of his or
her official duties;
(3) Perform an official act which directly and
substantially affects to its economic benefit a
business or other undertaking in which such
eOfficer has a substantial financial interest;
(4) Perform an official act which directly and
substantially affects a business or other
undertaking by whom the officer is employed,
or by whom such eOfficer is engaged as
counsel, consultant, representative or agent;
(5) Acquire or hold an interest in any business
or undertaking which such eOfficer 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;
(6) Perform an official act directly and
substantially affecting to its economic
detriment any business or other undertaking
when such e has a substantial financial
interest in a competing business or
undertaking;
(7) 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
Subsection shall not apply to those
circumstances described in Subsection
2.30.070(3).
(8) Perform any official act under
circumstances which give rise to appearance of
impropriety on the part of the eOfficer;
(9) 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;
(10) 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 e0fficer from:
(1) Accepting or receiving a benefit as an
indirect consequence of the performance of an
official act;
(2) Taking official action when such e0fficer
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 except
Page 2 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
that this exemption shall not apply to interests
of Officers of the Avon Urban Renewal
Authority in any project or in any property
included or planned to be included in any
project and the provisions of C.R.S. §31 -25-
104(3) shall control
(3) Soliciting or accepting gifts or loans which
are:
a. Campaign contributions reported as required
by law;
b. An occasional nonpecumary gift,
insignificant in value;
c. A nonpecuniary award publicly presented
by a nonprofit organization in recognition of
public service;
d. Payment of or reimbursement for actual and
necessary expenditures for travel and
subsistence or attendance at a convention or
other meeting at which such eOfficer is
scheduled to participate;
e. 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
aOfficer;
f. Items of perishable or nonpermanent value,
including, but not limited to, meals, lodging,
travel expenses or tickets to sporting,
recreational, educational, or cultural events;
g. Payment for speeches, debates, or other
public events, reported as honorariums to the
Town Manager;
h. 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.
(4) 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 Diselosur -e of ,. F interest
legislative on Disclosure of conflict of
interest in Town Council 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
the alleged conflict. The Council shall
determine whether a conflict of interest exists.
The Council member who has an alleged
conflict of interest shall not vote on the
determination of whether a conflict of interest
exists; however, such Council member may
participate in the discussion and may remain in
the room with the consent of the majority_
the remaining Council members _If the
Council determines that an actual conflict of
interest exists, the Council Member 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 Council Member shall not vote upon such
matter. The Council Member shall leave the
room during eCouncil'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 2.30.060 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
Page 3 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
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. The Planninia
Commission member who has an alleged
conflict of interest shall not vote on the
determination of whether a conflict of interest
exists; however, such Planning Commission
member may participate in the discussion and
may remain in the room with the consent of
the majority of the remaining Planning
Commission members. 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 the
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 Council Member 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 Council Mmember or
member of the Planning Commission may vote
upon a matter as to 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) 1€-he or she complies with the disclosure
provisions of Section 2.30.110 and
(3) a majority of the Council members or
Planning Commission members present at a
meeting who do not have a conflict of interest
vote to permit such Council member or
Planning Commission member to vote despite
the conflict of interest
of State.
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2.30.110 Voluntary Disclosure to
Secretary of State.
A Town officer may,. 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 to the
Colorado Secretary of State. Such Town
officer shall make the disclosure in writing to
the Colorado Secretary of State 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 under this Town
Code of Ethics or any other local state or
other code of ethics or standards of conduct.
2.30.120 Public contracts.
(a) Except as provided in Subsection (b) of this
Section, no e0fficer shall have an interest in
any contract made by the Town.
Page 4 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
(b) The provisions of Subsection (a) of this
Section 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 or her in his or her official
capacity. The provisions of this Subsection
shall not apply to those contracts described in
Subsection (b) of this Section.
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 become
employed by an employer who contracts with
the Town involving matters with which such
officer was directly involved during the term
of office or with the Town.
2.30.140 Enforcement.
(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 (1) or
more persons of this Chapter. In the event the
alleged conflict of interest involves a Council
member (or multiple Council members) the
Council member(s) who has an alleged
conflict of interest shall not vote upon whether
to investigate or prosecute the alleged conflict
of interest.
(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. 14owevef,
this — Ckeptef shall be st..,.e
eemplaiaants 4am iastitHting —dig eet leg
ftetieff thfough the judieial
a
(d) The district attorney of the district where
the trust is violated may bring appropriate
iudicial proceedings on behalf of the people
Any moneys collected in such actions shall be
paid to the general fund of the Avon Town
government. Judicial proceedings pursuant to
this section shall be in addition to any criminal
action which may be brought against such
Town officer.
Page 5 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
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 in accordance with the
provisions of Section 1.08.010 of this Code.
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 shall immediately forfeit
his or her office or position. Nothing in this
Chapter shall be construed to prohibit such
public officer from being reelected,
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 e0fficer upon the
finding that the enforcement of this Chapter
with respect to such e0fficer's conduct would
not be in the public interest.
2.30.160 Distribution of code of ethics.
intention and purpose that this section
2.30.170, Chapter 2.30 Avon Town Code of
Ethics of the Avon Municipal Code and any
other applicable Avon Home Rule Charter
provision, ordinance or resolution adopted by
the Town of Avon shall completely address all
matters set forth in Article XXIX of the
Colorado Constitution.
(b) Any Town Officer who receives any
present, or offer of future individual gift
favor, loan, service or thing of value in excess
of $50.00 and such gift is offered due to such
person's status as a Town Officer then such
Officer shall report such gift and the estimated
value to the Town Clerk. The Town Clerk
shall promptly disclose gifts received or offer
of future gifts, to the Town Council The
failure of a Town Officer to rg op rt a gift to the
Town Clerk shall constitute a violation of the
Avon Town Code of Ethics.
(c) Council shall determine if gifts received or
offered in the future constitute a conflict of
interest in accordance with the Avon Town
Code of Ethics. Council members who are the
recipient or intended recipient of a gift shall
not vote on whether such gift constitutes a
conflict of interest unless such gift is offered to
Council as a whole or offered to Town
generally.
The Town Clerk shall cause a copy of this
code of ethics to be distributed to every p
offe of the Town within thirty (30)
days after enactment of the ordinance adopting
this Chapter. Each publie offieefTown Officer
elected, appointed, or engaged thereafter shall
be furnished a copy before entering upon the
duties of his or her office.
2.30.170 Gift Reporting.
(a) In accordance with §7 Article XXIX of
the Colorado Constitution, the requirements of
Article XXIX of the Colorado Constitution
shall not apply to the Town of Avon. It is the
(d) Gifts which are ivg en by an individual who
is a relative or personal friend of the recipient
on special occasions shall not be deemed a
conflict of interest. Gifts which are giv en
without the purpose or intent to influence a
Town Officer in connection with an official
act or as a reward for an official act performed
and gifts which do not create the appearance of
impropriety shall not be a conflict of interest
(e) Gifts which are received which are
determined by Council to be a conflict of
. interest shall be returned. The receipt of a gift
or the failure to return a gift or reimburse the
Page 6 of 7
January 20, 2012
EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS
equivalent value when Council determines
such gift is a conflict of interest shall
constitute a violation of the Avon Town Code
of Ethics.
Page 7 of 7
January 20, 2012
STATE CODE OF ETHICS
§ 24 -18 -101. Legislative Declaration
The general assembly recognizes the
importance of the participation of the citizens
of this state in all levels of government in the
state. The general assembly further recognizes
that, when citizens of this state obtain public
office, conflicts may arise between the public
duty of such a citizen and his or her private
interest. The general assembly hereby declares
that the prescription of some standards of
conduct common to those citizens involved
with government is beneficial to all residents of
the state. The provisions of this part 1
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.
History. L. 88: Entire article added, p. 899, § 1,
effective July 1.
Note:
Law reviews: For article, "Conflicts oflnterest
in Government ", see 18 Colo. Law. 595 (1989);
for article, 'Advising Quasi- Judges: Bias,
Conflicts of Interest, Prejudgment, and Ex
Parte Contacts", see 33 Colo. Law. 69 (March
2004).
Cross References:
For provisions relating to abuse of public
office, see part 4 of article 8 of title 18.
§ 24 -18 -102. Definitions
As used in this part 1, unless the context
otherwise requires:
(1) "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.
(2) "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.
(3) "Employee" means any temporary or
permanent employee of a state agency or any
local government, except a member of the
general assembly and an employee under
contract to the state.
(4) "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.
(5) "Local government" means the government
of any county, city and county, city, town,
special district, or school district.
(6) "Local government official" means an
elected or appointed official of a local
government but does not include an employee
of a local government.
(7) "Official act" or "official action" means any
Page 1 of 8
STATE CODE OF ETHICS
vote, decision, recommendation, approval,
disapproval, or other action, including inaction,
which involves the use of discretionary
authority.
(8) "Public officer" means any elected officer,
the head of a principal department of the
executive branch, and any other state officer.
"Public officer" does not include a member of
the general assembly, a member of the
judiciary, any local government official, or any
member of a board, commission, council, or
committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses.
(9) "State agency" means the state; the general
assembly and its committees; every executive
department, board, commission, committee,
bureau, and office; every state institution of
higher education, whether established by the
state constitution or by law, and every
governing board thereof; and every
independent commission and other political
subdivision of the state government except the
courts.
History. L. 88: Entire article added, p. 899, § 1,
effective July 1. L. 90: (1) amended, p. 447, §
10, effective April 18. L. 91: (8) amended, p.
837, § 1, effective March 29.
§ 24 -18 -103. Public Trust - Breach of
Fiduciary Duty
(1) The holding of public office or employment
is a public trust, created by the confidence
which the electorate reposes in the integrity of
public officers, members of the general
assembly, local government officials, and
employees. A public officer, member of the
general assembly, local government official, or
employee shall carry out his duties for the
benefit of the people of the state.
(2) A public officer, member of the general
assembly, local government official, or
employee whose conduct departs from his
fiduciary duty is liable to the people of the state
as a trustee of property and shall suffer such
other liabilities as a private fiduciary would
suffer for abuse of his trust. The district
attorney of the district where the trust is
violated may bring appropriate judicial
proceedings on behalf of the people. Any
moneys collected in such actions shall be paid
to the general fund of the state or local
government. Judicial proceedings pursuant to
this section shall be in addition to any criminal
action which may be brought against such
public officer, member of the general
assembly, local government official, or
employee.
History. L. 88: Entire article added, p. 900, § 1,
effective July 1.
§ 24 -18 -104. Rules of Conduct for All Public
Officers, Members of the General Assembly,
Local Government Officials, and Employees
(1) 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 public
officer, a member of the general assembly, a
local government official, or an employee shall
not:
(a) Disclose or use confidential information
acquired in the course of his official duties in
order to further substantially his personal
financial interests; or
(b) Accept a gift of substantial value or a
substantial economic benefit tantamount to a
gift of substantial value:
(I) Which would tend improperly to influence a
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STATE CODE OF ETHICS
reasonable person in his position to depart from
the faithful and impartial discharge of his
public duties; or
(II) 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.
(2) 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.
(3) The following shall not be considered gifts
of substantial value or gifts of substantial
economic benefit tantamount to gifts of
substantial value for purposes of this section:
(a) Campaign contributions and contributions
in kind reported as required by section
1 -45 -108, C.R.S.;
(b) An occasional nonpecuniary gift,
insignificant in value;
(c) A nonpecumary award publicly presented
by a nonprofit organization in recognition of
public service;
(d) Payment of or reimbursement for actual and
necessary expenditures for travel and
subsistence for attendance at a convention or
other meeting at which such public officer,
member of the general assembly, local
government official, or employee is scheduled
to participate;
(e) Reimbursement for or acceptance of an
opportunity to participate in a social function or
meeting which is offered to such public officer,
member of the general assembly, local
government official, or employee which is not
extraordinary when viewed in light of the
position held by such public officer, member of
the general assembly, local government
official, or employee;
(f) Items of perishable or nonpermanent value,
including, but not limited to, meals, lodging,
travel expenses, or tickets to sporting,
recreational, educational, or cultural events;
(g) Payment for speeches, appearances, or
publications reported pursuant to section
24 -6 -203 ;
(h) Payment of salary from employment,
including other government employment, in
addition to that earned from being a member of
the general assembly or by reason of service in
other public office.
(4) The provisions of this section are distinct
from and in addition to the reporting
requirements of section 1 -45 -108, C.R.S., and
section 24 -6 -203, and do not relieve an
incumbent in or elected candidate to public
office from reporting an item described in
subsection (3) of this section, if such reporting
provisions apply.
History. L. 88: p. 901, § 1. L. 92: (3)(g) and
(3)(h) amended, p. 874, § 103, effective
January 1, 1993. L. 94: (3) amended and (4)
added, p. 1827, § 4, effective January 1, 1995.
§ 24 -18 -105. Ethical Principles for Public
Officers, Local Government Officials, and
Employees
(1) 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
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STATE CODE OF ETHICS
employment in state or local government.
(2) A public officer, a local government
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 over which he has substantive
authority.
(3) A public officer, a local government
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.
(4) A public officer, a local government
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.
History. L. 88: Entire article added, p. 902, § 1,
effective July 1.
§ 24 -18 -106. Rules of Conduct for Members
of the General Assembly
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the member of the general
assembly committing the act has breached his
fiduciary duty and the public trust. A member
of the general assembly shall not accept a fee, a
contingent fee, or any other compensation,
except his official compensation provided by
statute, for promoting or opposing the passage
of legislation.
(2) It shall not be a breach of fiduciary duty
and the public trust for a member of the general
assembly to:
(a) Use state facilities or equipment to
communicate or correspond with a member's
constituents, family members, or business
associates;
(b) Accept or receive a benefit as an indirect
consequence of transacting state business; or
(c) Accept the payment of or reimbursement
for actual and necessary expenses for travel,
board, and lodging from any organization
declared to be a joint governmental agency of
this state under section 2 -3 -211 (2), C.R.S., if:
(I) (A) The expenses are related to the
member's attendance at a convention or
meeting of the joint governmental agency at
which the member is scheduled to deliver a
speech, make a presentation, participate on a
panel, or represent the state of Colorado or for
some other legitimate state purpose;
(B) The travel, board, and lodging
arrangements are appropriate for purposes of
the member's attendance at the convention or
meeting;
(C) The duration of the member's stay is no
longer than is reasonably necessary for the
member to accomplish the purpose of his or her
attendance at the convention or meeting;
(D) The member is not currently and will not
subsequent to the convention or meeting be in a
position to take any official action that will
benefit the joint governmental agency; and
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STATE CODE OF ETHICS
(E) The attendance at conventions or meetings
of the joint governmental agency has been
approved by the executive committee of the
legislative council or by the leadership of the
house of the general assembly to which the
member belongs; or
(II) The general assembly pays regular
monthly, annual, or other periodic dues to the
joint governmental agency that are invoiced
expressly to cover travel, board, and lodging
expenses for the attendance of members at
conventions or meetings of the joint
governmental agency.
(3) Notwithstanding any other provision of
law, no member of the general assembly shall
lobby, solicit lobbying business or contracts, or
otherwise establish a lobbying business or
practice respecting issues before the general
assembly prior to the expiration of his or her
term. Where the member tenders his or her
resignation prior to the expiration of his or her
term, the requirements of this subsection (3)
shall apply up through the date of the member's
resignation from office.
History. Amended by 2010 Ch. 184, §4, eff.
8/11/2010.
L. 88: Entire article added, p. 902, § 1,
effective July 1. L. 2003: (3) added, p. 1230, §
1, effective July 1.
Note: 2010 Ch. 184, was passed without a
safety clause. See Colo. Const. art. V, § 1(3).
§ 24 -18 -107. Ethical Principles for Members
of the General Assembly
(1) The principles in this section are intended
only as guides to a member of the general
assembly in determining whether or not his
conduct is ethical.
(2) A member of the general assembly who has
a personal or private interest in any measure or
bill proposed or pending before the general
assembly shall disclose the fact to the house of
which he is a member and shall not vote
thereon. In deciding whether or not he has such
an interest, a member shall consider, among
other things, the following:
(a) Whether the interest impedes his
independence of judgment;
(b) The effect of his participation on public
confidence in the integrity of the general
assembly; and
(c) Whether his participation is likely to have
any significant effect on the disposition of the
matter.
(3) An interest situation does not arise from
legislation affecting the entire membership of a
class.
(4) If a member of the general assembly elects
to disclose the interest, he shall do so as
provided in the rules of the house of
representatives or the senate, but in no case
shall failure to disclose constitute a breach of
the public trust of legislative office.
History. L. 88: Entire article added, p. 902, § 1,
effective July 1.
§ 24 -18 -108. Rules of Conduct for Public
Officers and State Employees
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the actor has breached his
fiduciary duty.
(2) A public officer or a state employee shall
not:
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STATE CODE OF ETHICS
(a) Engage in a substantial financial transaction
for his private business purposes with a person
whom he inspects, regulates, or supervises in
the course of his official duties;
(b) Assist any person for a fee or other
compensation in obtaining any contract, claim,
license, or other economic benefit from his
agency;
(c) Assist any person for a contingent fee in
obtaining any contract, claim, license, or other
economic benefit from any state agency; or
(d) Perform an official act directly and
substantially affecting to its economic benefit a
business or other undertaking in which he
either has a substantial financial interest or is
engaged as counsel, consultant, representative,
or agent.
(3) A head of a principal department or a
member of a quasi-judicial or rule- making
agency may perform an official act
notwithstanding paragraph (d) of subsection
(2) of this section if his participation is
necessary to the administration of a statute and
if he complies with the voluntary disclosure
procedures under section 24 -18 -110.
(4) Repealed.
History. L. 88: Entire article added, p. 903, § 1,
effective July 1. L. 91: (4) repealed, p. 837, § 2,
effective March 29.
§ 24 -18- 108.5. Rules of Conduct for
Members of Boards and Commissions
(1) Proof beyond a reasonable doubt of
commission of any act enumerated in this
section is proof that the actor has breached his
fiduciary duty.
(2) A member of a board, commission, council,
or committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses shall not perform an
official act which may have a direct economic
benefit on a business or other undertaking in
which such member has a direct or substantial
financial interest.
History. L. 91: Entire section added, p. 837, §
3, effective March 29.
§ 24 -18 -109. Rules of Conduct for Local
Government Officials and Employees
(1) 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.
(2) A local government official or local
government employee shall not:
(a) 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
(b) Perform an official act directly and
substantially affecting to its economic benefit a
business or other undertaking in which he
either has a substantial financial interest or is
engaged as counsel, consultant, representative,
or agent.
(3) (a) A member of the governing body of a
local government who has a personal or private
interest in any matter proposed or pending
before the governing body shall disclose such
interest to the governing body and shall not
vote thereon and shall refrain from attempting
to influence the decisions of the other members
of the governing body in voting on the matter.
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STATE CODE OF ETHICS
(b) A member of the governing body of a local
government may vote notwithstanding
paragraph (a) of this subsection (3) if his
participation is necessary to obtain a quorum or
otherwise enable the body to act and if he
complies with the voluntary disclosure
procedures under section 24 -18 -110.
(4) It shall not be a breach of fiduciary duty and
the public trust for a local government official
or local government employee to:
(a) Use local government facilities or
equipment to communicate or correspond with
a member's constituents, family members, or
business associates; or
(b) Accept or receive a benefit as an indirect
consequence of transacting local government
business.
History. L. 88: Entire article added, p. 903, § 1,
effective July 1.
§ 24 -18 -110. Voluntary Disclosure
A member of a board, commission, council, or
committee who receives no compensation
other than a per diem allowance or necessary
and reasonable expenses, a member of the
general assembly, a public officer, a local
government official, or an employee may, prior
to acting in a manner which may impinge on
his fiduciary duty and the public trust, disclose
the nature of his private interest. Members of
the general assembly shall make disclosure as
provided in the rules of the house of
representatives and the senate, and all others
shall make the disclosure in writing to the
secretary of state, 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.
History. L. 88: Entire article added, p. 904, § 1,
effective July 1. L. 91: Entire section amended,
p. 838, § 4, effective March 29.
§ 24 -18 -111. [Repealed]
History. Repealed by 2010 Ch. 405, §2, eff.
6/10/2010.
Prior History: ( L. 88: Entire article added, p.
904, § 1, effective July 1.)
§ 24 -18 -112. Board of Ethics for the
Executive Branch - Created - Duties
(1) There is hereby created a board of ethics for
the executive branch of state government in the
office of the governor. The board shall consist
of five members to be appointed by and serve
at the pleasure of the governor.
(2) The board of ethics for the executive branch
shall:
(a) Comment, when requested by the governor,
on each proposed gubernatorial appointment,
including the heads of the principal
departments and the senior members of the
governor's office based upon the provisions of
this article;
(b) Upon written request of the governor,
review complaints of any violation of the
provisions of this article by a member of the
executive branch of state government;
Page 7 of 8
STATE CODE OF ETHICS
(c) Make written recommendations to the
governor concerning his requests; and
(d) Review appeals brought before the board of
ethics pursuant to section 24- 30- 1003(4).
History. L. 88: Entire article added, p. 905, § 1,
effective July 1. L. 94: (2) amended, p. 1249, §
2, effective July 1.
§ 24 -18 -113. Board of Ethics for the General
Assembly - Created - Duties
(1) (a) There is hereby created a board of ethics
for the general assembly. The board shall
consist of four legislative members. One
member shall be appointed by and serve at the
pleasure of the majority leader of the house of
representatives; one member shall be appointed
by and serve at the pleasure of the majority
leader of the senate; one member shall be
appointed by and serve at the pleasure of the
minority leader of the house of representatives;
and one member shall be appointed by and
serve at the pleasure of the minority leader of
the senate.
(b) The terms of the members appointed by the
majority and minority leaders of the house of
representatives and the senate and who are
serving on March 22, 2007, shall be extended
to and expire on or shall terminate on the
convening date of the first regular session of
the sixty- seventh general assembly. As soon as
practicable after such convening date, the
majority and minority leaders of the house of
representatives and the senate shall each
appoint or reappoint members in the same
manner as provided in paragraph (a) of this
subsection (1). Thereafter, the terms of
members appointed or reappointed by the
majority and minority leaders of the house of
representatives and the senate shall expire on
the convening date of the first regular session
of each general assembly, and all subsequent
appointments and reappointments by the
majority and minority leaders of the house of
representatives and the senate shall be made as
soon as practicable after such convening date.
The person making the original appointment or
reappointment shall fill any vacancy by
appointment for the remainder of an unexpired
term. Members appointed or reappointed by the
majority and minority leaders of the house of
representatives and the senate shall continue in
office until the member's successor is
appointed.
(2) The board of ethics for the general
assembly shall, upon written request of a
member of the general assembly, issue
advisory opinions concerning issues relating to
the requesting member's conduct and the
provisions of this article.
History. L. 88: Entire article added, p. 905, § 1,
effective July 1. L. 2007: (1) amended, p. 181,
§ 13, effective March 22.
Page 8 of 8
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
COLORADO CONSTITUTION
ARTICLE XXIX
§ 1. Purposes and findings
(1) The people of the state of Colorado hereby
fmd and declare that:
(a) The conduct of public officers, members of
the general assembly, local government
officials, and government employees must
hold the respect and confidence of the people;
(b) They shall carry out their duties for the
benefit of the people of the state;
(c) They shall, therefore, avoid conduct that is
in violation of their public trust or that creates a
justifiable impression among members of the
public that such trust is being violated;
(d) Any effort to realize personal financial gain
through public office other than compensation
provided by law is a violation of that trust, and
(e) To ensure propriety and to preserve public
confidence, they must have the benefit of
specific standards to guide their conduct, and
of a penalty mechanism to enforce those
standards.
(2) The people of the state of Colorado also
find and declare that there are certain costs
associated with holding public office and that
to ensure the integrity of the office, such costs
of a reasonable and necessary nature should be
born by the state or local government.
§ 2. Definitions
(3) "Local government official" means an
elected or appointed official of a local
government but does not include an employee
of a local government.
(4) "Person" means any individual,
corporation, business trust, estate, trust, limited
liability company, partnership, labor
organization, association, political party,
committee, or other legal entity.
(5) "Professional lobbyist" means any
individual who engages himself or herself or is
engaged by any other person for pay or for any
consideration for lobbying. "Professional
lobbyist" does not include any volunteer
lobbyist, any state official or employee acting
in his or her official capacity, except those
designated as lobbyists as provided by law, any
elected public official acting in his or her
official capacity, or any individual who
appears as counsel or advisor in an
adjudicatory proceeding.
(6) "Public officer" means any elected officer,
including all statewide elected officeholders,
the head of any department of the executive
branch, and elected and appointed members of
state boards and commissions. "Public officer"
does not include a member of the general
assembly, a member of the judiciary, any local
government official, or any member of a board,
commission, council or committee who
receives no compensation other than a per
diem allowance or necessary and reasonable
expenses.
As used in this article, unless the context
otherwise requires:
(1) "Government employee" means any
employee, including independent contractors,
of the state executive branch, the state
legislative branch, a state agency, a public
institution of higher education, or any local
government, except a member of the general
assembly or a public officer.
(2) "Local government" means county or
municipality.
§ 3. Gift ban
(1) No public officer, member of the general
assembly, local government official, or
government employee shall accept or receive
any money, forbearance, or forgiveness of
indebtedness from any person, without such
person receiving lawful consideration of equal
or greater value in return from the public
officer, member of the general assembly, local
government official, or government employee
who accepted or received the money,
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
forbearance or forgiveness of indebtedness.
(2) No public officer, member of the general
assembly, local government official, or
government employee, either directly or
indirectly as the beneficiary of a gift or thing of
value given to such person's spouse or
dependent child, shall solicit, accept or receive
any gift or other thing of value having either a
fair market value or aggregate actual cost
greater than fifty dollars ($50) in any calendar
year, including but not limited to, gifts, loans,
rewards, promises or negotiations of future
employment, favors or services, honoraria,
travel, entertainment, or special discounts,
from a person, without the person receiving
lawful consideration of equal or greater value
in return from the public officer, member of the
general assembly, local government official, or
government employee who solicited, accepted
or received the gift or other thing of value.
(3) The prohibitions in subsections (1) and (2)
of this section do not apply if the gift or thing
of value is:
(a) A campaign contribution as defined by law;
(b) An unsolicited item of trivial value less
than fifty dollars ($50), such as a pen, calendar,
plant, book, note pad or other similar item;
(c) An unsolicited token or award of
appreciation in the form of a plaque, trophy,
desk item, wall memento, or similar item;
(d) Unsolicited informational material,
publications, or subscriptions related to the
recipient's performance of official duties;
(e) Admission to, and the cost of food or
beverages consumed at, a reception, meal or
meeting by an organization before whom the
recipient appears to speak or to answer
questions as part of a scheduled program;
(f) Reasonable expenses paid by a nonprofit
organization or other state or local government
for attendance at a convention, fact - finding
mission or trip, or other meeting if the person is
scheduled to deliver a speech, make a
presentation, participate on a panel, or
represent the state or local government,
provided that the non - profit organization
receives less than five percent (5 %) of its
funding from for - profit organizations or
entities;
(g) Given by an individual who is a relative or
personal friend of the recipient on a special
occasion.
(h) A component of the compensation paid or
other incentive given to the recipient in the
normal course of employment.
(4) Notwithstanding any provisions of this
section to the contrary, and excepting
campaign contributions as defined by law, no
professional lobbyist, personally or on behalf
of any other person or entity, shall knowingly
offer, give, or arrange to give, to any public
officer, member of the general assembly, local
government official, or government employee,
or to a member of such person's immediate
family, any gift or thing of value, of any kind
or nature, nor knowingly pay for any meal,
beverage, or other item to be consumed by
such public officer, member of the general
assembly, local government official or
government employee, whether or not such gift
or meal, beverage or other item to be consumed
is offered, given or paid for in the course of
such lobbyist's business or in connection with a
personal or social event; provided, however,
that a professional lobbyist shall not be
prohibited from offering or giving to a public
officer, member of the general assembly, local
government official or government employee
who is a member of his or her immediate
family any such gift, thing of value, meal,
beverage or other item.
(5) The general assembly shall make any
conforming amendments to the reporting and
disclosure requirements for public officers,
members of the general assembly and
professional lobbyists, as provided by law, to
comply with the requirements set forth in this
section.
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
(6) The fifty- dollar ($50) limit set forth in
subsection (2) of this section shall be adjusted
by an amount based upon the percentage
change over a four -year period in the United
States bureau of labor statistics consumer price
index for Denver- Boulder - Greeley, all items,
all consumers, or its successor index, rounded
to the nearest lowest dollar. The first
adjustment shall be done in the first quarter of
2011 and then every four years thereafter.
§ 4. Restrictions on
their services on the commission.
(2) (a) Members of the independent ethics
commission shall be appointed in the
following manner and order:
(I) One member shall be appointed by the
Colorado senate;
(II) One member shall be appointed by the
Colorado house of representatives;
(III) One member shall be appointed by the
governor of the state of Colorado;
No statewide elected officeholder or member
of the general assembly shall personally
represent another person or entity for
compensation before any other statewide
elected officeholder or member of the general
assembly, for a period of two years following
vacation of office. Further restrictions on
public officers or members of the general
assembly and similar restrictions on other
public officers, local government officials or
government employees may be established by
law.
§ 5. Independent ethics commission
(1) There is hereby created an independent
ethics commission to be composed of five
members. The purpose of the independent
ethics commission shall be to hear complaints,
issue findings, and assess penalties, and also to
issue advisory opinions, on ethics issues
arising under this article and under any other
standards of conduct and reporting
requirements as provided by law. The
independent ethics commission shall have
authority to adopt such reasonable rules as may
be necessary for the purpose of administering
and enforcing the provisions of this article and
any other standards of conduct and reporting
requirements as provided by law. The general
assembly shall appropriate reasonable and
necessary funds to cover staff and
administrative expenses to allow the
independent ethics commission to carry out its
duties pursuant to this article. Members of the
commission shall receive no compensation for
(IV) One member shall be appointed by the
chief justice of the Colorado supreme court;
and
(V) One member shall be either a local
government official or a local government
employee appointed by the affirmative vote of
at least three of the four members appointed
pursuant to subparagraphs (I) to (IV) of this
paragraph (a).
(b) No more than two members shall be
affiliated with the same political party.
(c) Each of the five members shall be
registered Colorado voters and shall have been
continuously registered with the same political
party, or continuously unaffiliated with any
political party, for at least two years prior to
appointment to the commission.
(d) Members of the independent ethics
commission shall be appointed to terms of four
years; except that, the first member appointed
by the Colorado senate and the first member
appointed by the governor of the state of
Colorado shall initially serve two year terms to
achieve staggered ending dates.
(e) If a member is appointed to fill an
unexpired term, that member's term shall end
at the same time as the term of the person being
replaced.
(f) Each member shall continue to serve until a
successor has been appointed, except that if a
member is unable or unwilling to continue to
serve until a successor has been appointed, the
COLORADO CONSTITUTION, ARTICLE XXIX ETHICS IN GOVERNMENT
original appointing authority as described in
this subsection shall fill the vacancy promptly.
(3) (a) Any person may file a written complaint
with the independent ethics commission asking
whether a public officer, member of the
general assembly, local government official, or
government employee has failed to comply
with this article or any other standards of
conduct or reporting requirements as provided
by law within the preceding twelve months.
(b) The commission may dismiss frivolous
complaints without conducting a public
hearing. Complaints dismissed as frivolous
shall be maintained confidential by the
commission.
(c) The commission shall conduct an
investigation, hold a public hearing, and render
findings on each non - frivolous complaint
pursuant to written rules adopted by the
commission.
(d) The commission may assess penalties for
violations as prescribed by this article and
provided by law.
(e) There is hereby established a presumption
that the findings shall be based on a
preponderance of evidence unless the
commission determines that the circumstances
warrant a heightened standard.
§ 6. Penalty
Any public officer, member of the general
assembly, local government official or
government employee who breaches the public
trust for private gain and any person or entity
inducing such breach shall be liable to the state
or local jurisdiction for double the amount of
the financial equivalent of any benefits
obtained by such actions. The manner of
recovery and additional penalties may be
provided by law.
§ 7. Counties and municipalities
Any county or municipality may adopt
ordinances or charter provisions with respect
to ethics matters that are more stringent than
any of the provisions contained in this article.
The requirements of this article shall not apply
to home rule counties or home rule
municipalities that have adopted charters,
ordinances, or resolutions that address the
matters covered by this article.
Source:
Initiated 2006: Entire article added,
effective upon proclamation of the
Governor, L. 2007, p. 2960, December 31,
2006.
§ 8. Conflicting provisions declared
inapplicable
(4) Members of the independent ethics
commission shall have the power to subpoena
documents and to subpoena witnesses to make
statements and produce documents.
(5) Any public officer, member of the general
assembly, local government official, or
government employee may submit a written
request to the independent ethics commission
for an advisory opinion on whether any
conduct by that person would constitute a
violation of this article, or any other standards
of conduct or reporting requirements as
provided by law. The commission shall render
an advisory opinion pursuant to written rules
adopted by the commission.
Any provisions in the statutes of this state in
conflict or inconsistent with this article are
hereby declared to be preempted by this article
and inapplicable to the matters covered by and
provided for in this article.
§ 9. Legislation to facilitate article
Legislation may be enacted to facilitate the
operation of this article, but in no way shall
such legislation limit or restrict the provisions
of this article or the powers herein granted.