HomeMy WebLinkAboutResolution-2007-0005
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 05
Series of 2007
TITILE:
A RESOLUTION ADOPTING RULES OF CONDUCT APPLICABLE
TO PUBLIC OFFICERS, EMPLOYEES, AND INDEPENDENT
CONTRACTORS WITHIN THE CITY
WHEREAS, on November 7, 2006, the voters approved Amendment 41 on the
statewide general election ballot; and
WHEREAS, Amendment 41 adopts a new Article XXIX of the Colorado
Constitution entitled "Ethics in Government"; which article deals in detail with receipt of
gifts and things of value by, and lobbying and ethical principles applicable to public
officials; and
WHEREAS, by its terms, Article XXIX applies to local government officials and
employees, including those of the City; and
WHEREAS, Section 7 of Article XXIX provides that home rule municipalities may
act by charter, ordinance or resolution to adopt regulations on the subjects covered by
Article XXIX, which regulations may be more or less stringent than those contained in
Article XXIX; and
WHEREAS, the City's Home Rule Charter at Section 3.14 presently addresses
only conflicts of interest; and
WHEREAS, the City Council wishes to act by resolution, as permitted by Article
XXIX, to adopt regulations addressing the matters covered by Article XXIX; and
WHEREAS, the City Council is of the opinion that C.R.S. 924-18-104, as such
statute presently exists on the effective date of this Resolution, contains appropriate
restrictions on the matters covered by Amendment 41; and
WHEREAS, the City Council finds that it is in the best interests of the public
officers and employees of the City that the regulations adopted hereby, which are
modeled upon C.R.S. 9 24-18-104, be confirmed as applicable within the City rather
than the requirements contained in Article XXIX, all as permitted by Article XXIX itself.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Wheat
Ridge, Colorado that the following Rules of Conduct, Complaints, Enforcement and
Penalty regulations are hereby adopted:
Section 1. Rules of Conduct.
All elected and appointed officers and employees of the City, and all independent
contractors to the City, shall be subject to the following rules of conduct:
(1) No officer, employee or independent contractor of the City
may:
(a) disclose or use confidential information acquired in the course of his
or her official duties in order to substantially further his or her personal
financial interests; or
(b) accept a gift, gratuity or item of substantial value or a substantial
economic benefit:
(i) which would tend improperly to influence a reasonable person in his
or her position to depart from the faithful and impartial discharge of his or
her public duties; or
(ii) which he or she knows or which a reasonable person in his or her
position should know under the circumstances is primarily for the purpose
of rewarding him or her for official action he or she 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 for purposes of this Resolution:
(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, employee or independent contractor
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 the public officer, employee or independent
contractor;
2
(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 statute;
(h) payment of salary from employment, including other government
employment, in addition to that earned from being a public officer,
employee, independent contractor or by reason of service in other public
office;
(i) gifts, gratuities or items of value received by the spouse or dependent
children of the officer, employee or independent contractor which do not
implicate the standards of paragraphs (1 )(b)(j) and (ij) of this section;
(j) gratuities received by the municipal judge for services rendered in
addition to official judicial duties (ex.: marriage ceremonies).
(4) This section is to guard officials and employees of the City from
relationships which may be construed as evidence of favoritism,
coercion, unfair advantage or collusion.
Section 2. ComDlaints: Enforcement: Penaltv. The City Council shall have
exclusive authority for enforcement of this Resolution. All complaints hereunder shall
be filed with the Council within ninety (90) days after the date of the alleged violation.
The Council shall take such action and impose such penalty thereon, if any, as it deems
appropriate. Final action by the Council shall be final action by the City on the matter.
Section 3. This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this 22nd day of January, 2007.
4'7 rau!
Jtry .Pit.nriO, "'~or
ATTEST:
~
Michael Snow, City Clerk
3