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TC Res. No. 1982-06RESOLUTION NO.#82-6 BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS FOLLOWS: Section 1. Application. This Resolution shall be. applicable to councilmembers, members of all boards and commissions of the Town, and all employees of the Town, whether paid at hourly or contract rate. Section 2. Prohibition of-financial interest or interest in -profits. (1) No Town official or employee shall make, participate in making,, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. In addition, the reason for, disqualification or lack of participation shall be disclosed by the Town-official or employee in writing to such entity prior to the time the decision is made on the form set forth in Section 8hereof. (2)- No Town official or employee without first complying with the disclosure provisions hereof, shall be interested, directly or indirectly, in the profits of any contract or job for work, supplies, or. services to be performed for, or provided to, the Town of Avon, other than as provided in the Town's Charter. Section 3. Decision involving financial interests. (a) A Town official or employee shall be deemed to have, a financial interest in a decision within the meaning of this Resolution if it is reasonably foreseeable that the decision will have a material-financial effect on: (1) Any business entity in which the Town official or employee has a direct or an indirect investment; (2) Any real property in which the Town official or employee-has a direct or an indirect interest; (3) Any source of income, including loans by a commercial lending institution in the regular course of business, received by or promised to the Town official or employee, directly or in- directly,- within twelve months prior to or subsequent to the time when a ,decision is made; or (4) Any business entity in which the Town official or employee or his spouse, dependent child,. or agent is a shareholder, a director, an officer, the sole proprietor, a partner,, a trustee or. an employee or in which he holds any position of management. (b) A decision shall not be considered to have a material financial effect on a Town official or employee within the meaning of this section if: (1) The effect on the Town official or employee is indistinguishable from its effect on the general public, or a significant segment thereof, or from its effect on an industry, profession, or occupation of which the Town of- ficial or employee is a member;. or, (2) The assets constituting a financial interest of the Town official or-employee have been placed in a trust over which he has no coritr"ol." (c) For purposes of this section, "indirect, investment" - or "indirect interest" means any investment or interest owned by the spouse or dependent child of the Town official or employee, by an agent on behalf of the town official or employee, by any business entity controlled by the Town official or employee, .or by a trust in which the 2 - Town official or employee has an interest. A business entity is controlled by a Town official.'or employee if the Town official or employee and his. agents, spouse, and dependent children, in the aggregate, hold more than twenty-five percent of the ownership interest in the entity. Section 4. Restriction on acquiring. financial -interest. No Town official or employee shall acquire a .financial interest at a time when he believes or has reason .to believe :that it will, be directly affected by his official acts or decisions, unless, prior to.such acquisition notice thereof:-is given in writing to the Town,.substantially in the form set forth in Section 7 hereof. Section 5. Misuse of confidential 'information prohibited. No Town official or employee shall use confidential information or information which will be made public but has not been made- so, acquired by virtue of his public service or employment, for his or another person's private financial gain. Section 6. Effect of Disqualification. In the event a councilmember is disqualified pursuant to' Section 2. hereof, he shall step down from the council dais and shall not thereafter participate in discussion on or voting on the question as to which he has a financial interest; provided, if his disqualification, alone or with other councilmembers, causes the absence of a quorum, he may remain on the dais but shall abstain from voting on the question as to which-he has a financial interest. Councilmembers may participate in council study or executive 'sessions- notwithstanding a financial interest in any question; provided, their participation shall, be limited to- presentation of information with.respect to such question. Section 7. Method of Disclosure. In the- event disclosure of a financial interest is-required pursuant to - 3 - 0 0 Section 2 hereof, the same shall be made at least seventy-two hours in advance of the transaction with reference to which the Town official or employee is about to act. In the case of continuing financial interests notice of such interest may be made annually. The form of such disclosure shall be as follows (in case of disclosures pursuant to Section 4 hereof the last sentence shall be deleted) : 1982. TO: Town Council Town of Avon, and Secretary of State State of Colorado. You are hereby notified that the under- signed possesses a financial interest in: (insert name of entity) and that such financial interest may con- stitute a conflict of interest as to his exercise of a substantial discretionary function in connection with a contract, purchase, payment or other pecuniary transaction. The date of such transaction and a description of the nature thereof follows: (describe transaction and date of same or generally state "matters regularly under consideration by Avon Town Council affecting (state name of entity)"). Signature ADOPTED the ~ay of , r 14:2 0. V T May - 4 -