ARTICLE 3 CODE OF ETHICS 1

SECTION:

1.3.101: Legislative Purpose

1.3.102: Definitions

1.3.103: Independent Ethics Commission

1.3.104: City Attorney Advisory Opinion

1.3.105: Filing Of Complaints/Inquiries For Consideration

1.3.106: Review Of Complaints/Inquiries For Consideration

1.3.107: Administrative Hearing Procedures

1.3.108: Sanctions

1.3.109: Ex-Parte Communications

1.3.110: Legal Representation

1.3.111: Gifts

1.3.112: Lobbying Activities

1.3.113: Conflicts Of Interest/Confidential Information

1.3.114: Conflicts Of Interest - Appearance Of Impropriety

1.3.115: Conflicts Of Interest - Disclosure And Recusal/Disclosure And Declaration

1.3.116: Conflicts Of Interest - Exception

1.3.117: Ethics Education

1.3.118: Further Ethics Rules And Regulations

1.3.119: No Private Right Of Action

 

Notes

1	1. Prior ordinance history: Ord. 94-160; Ord. 98-185; Ord. 01-42; Ord. 07-59; Ord. 10-30.

1.3.101: LEGISLATIVE PURPOSE:

   A.   There is hereby adopted by the City Council "The City of Colorado Springs 1 Code of Ethics" which shall apply to the Mayor and Council Members; all their appointed boards, committees, and commissions; the Utilities Chief Executive Officer; the City Attorney; the City Clerk; the City Auditor; Municipal Court Judges; department, division, office, and agency heads appointed by the Mayor or City Council; and all employees of the City's Municipal government and its enterprises, including Colorado Springs Utilities.

   B.   The City of Colorado Springs aspires to conduct its businesses, operations and services in accord with the law and the highest standards of business practices and ethics. The City of Colorado Springs is committed to complete honesty, utmost integrity, fair dealing, and ethical behavior as the basis of its businesses, operations, and services to the community.

   C.   Public service and public employment is a public trust. The Mayor and Council Members; members of appointed boards, committees and commissions; the Utilities Chief Executive Officer; the City Attorney; the City Clerk; the City Auditor; Municipal Court Judges; department, division, office, and agency heads appointed by the Mayor or City Council; and all employees of the City's Municipal government and its enterprises, including Colorado Springs Utilities, should employ independent, objective judgment in performing their duties; should assure that businesses, operations, and services are conducted openly to the extent required by law to safeguard public confidence in the integrity of the City; and should strive to avoid any conduct creating an appearance of impropriety.

   D.   The City of Colorado Springs, through its Municipal government and all its enterprises, including Colorado Springs Utilities, exists for the purpose of serving the community through its businesses, operations, and services.

   E.   The City of Colorado Springs Code of Ethics is hereby deemed to be a matter exclusively within the City's home rule authority and a proper exercise of the City Council's legislative authority on behalf of the City, superseding any other applicable Colorado Statutes. Moreover, this Code of Ethics is in compliance with, and therefore supersedes by its own terms, unless otherwise expressly adopted herein, Colorado Constitution, article XXIX, "Ethics in Government". (Ord. 11-18; Ord. 15-62; Ord. 16-122)

 

Notes

1	2. The "City" is the sole legal entity pursuant to City Charter, article I, sections 1-10, 1-20, and owns all its enterprises as defined by Colorado Constitution, art. X, §20 and City Charter, article VII, section 7-90.

1.3.102: DEFINITIONS:

The following definitions are applicable to the City Code of Ethics:

ADMINISTRATIVE OFFICERS: As defined by City Charter, article XIII, section 13-10.

ADVISORY OPINION: A response to an inquiry for consideration by the Commission or an opinion given by the City Attorney's Office to a covered person regarding the applicability of the Code of Ethics to a future action.

CITY: The Municipal government of Colorado Springs, Colorado, and all its enterprises as defined by the Colorado Constitution, article X, section 20 and City Charter, article VII, section 7-90.

CLEAR AND CONVINCING EVIDENCE: Evidence that persuades the fact finder that the contention is highly probable and free from serious or substantial doubt.

COMMISSION: Independent Ethics Commission.

COMPLAINT: A request for an investigation of or report on an alleged violation of the Code of Ethics.

CONFIDENTIAL INFORMATION: Information that is not available to the general public under applicable laws, ordinances, privileges, and/or regulations, and which is obtained by reason of a position or legal relationship with the City.

COVERED PERSONS: Elected officials, administrative officers, employees, independent contractors, volunteers of the City; and members of boards, committees, or commissions appointed by City Council, the President of Council, or the Mayor.

COVERED PERSONS SUBJECT TO HUMAN RESOURCES' JURISDICTION: All other covered persons not subject to the Commission's jurisdiction, including employees, volunteers, and independent contractors.

COVERED PERSONS SUBJECT TO THE COMMISSION'S JURISDICTION: Elected officials; administrative officers; Municipal Court Judges; and members of City boards, committees, or commissions appointed by City Council, the President of Council, or the Mayor.

DIRECT OFFICIAL ACTION: Any action that involves:

   A.   Negotiating, approving, disapproving, administering, enforcing or recommending for or against a contract, purchase order, lease, concession, franchise, grant, vendor, concessionaire, land use, or any other matter to which the City is a party. "Recommending" shall mean someone in the formal line of decision making for the matter;

   B.   Enforcing laws or regulations or issuing, enforcing, or administering permits and licenses;

   C.   Appointing and terminating employees, temporary workers, volunteers, and independent contractors; or

   D.   Doing research for, representing, or scheduling appointments for an officer, official, or employee, provided that these activities are conducted in connection with that person's job performance.

   E.   "Direct official action" does not include acts that are purely ministerial, including pro forma signing of documents on behalf of the City and approval as to form. Also, a person who abstains from a vote is not exercising direct official action.

ELECTED OFFICIALS: The Mayor and Council Members.

EMPLOYEE: Any person in the employ of the City or any of its enterprises, agencies, departments, or organizations.

GIFT: A payment, subscription, advance, forbearance, acceptance, rendering or deposit of money, services, or anything of value given, to include food, lodging, transportation, golf or other recreation or entertainment, and reimbursement for other than necessary expenses for official business on behalf of the City, unless consideration of equal or greater value is received.

IMMEDIATE FAMILY MEMBER: A spouse, domestic partner, fiance/fiancee, parent(s), child(ren), brother(s), sister(s), aunt(s), uncle(s), niece(s), nephew(s), grandparent(s), grandchild(ren), great grandparent(s), great grandchild(ren), first cousin(s), including step relatives and in-laws, and an individual who is a member of a covered person's household regardless of familial relationship.

INDEPENDENT CONTRACTORS: Those individuals defined as such by the Internal Revenue Code, in their work for the City.

INQUIRY FOR CONSIDERATION: A request for an advisory opinion from the Commission regarding whether a future action by a covered person subject to the Commission's jurisdiction would be a violation of the Code of Ethics, or the means by which a future action could be taken without violating the Code of Ethics.

PREPONDERANCE OF THE EVIDENCE: Evidence that would cause a reasonable person to conclude that the contention is more probably true than not.

SUBSTANTIAL INTEREST: A situation in which a reasonable person faced with making a decision, after considering the relevant circumstances, would tend to have their decision influenced by a personal or financial stake or consideration.

VOLUNTEERS: Those persons who contribute their services to the City without compensation. (Ord. 11-18; Ord. 15-62; Ord. 16-122; Ord. 19-7)

1.3.103: INDEPENDENT ETHICS COMMISSION:

   A.   Creation And Purpose: There is hereby created an Independent Ethics Commission. The purpose of this Commission shall be to render written recommendations to City Council on ethics complaints and to issue written advisory opinions in response to inquiries for consideration.

   B.   Members: City Council shall appoint five (5) members to the Commission to serve staggered terms, who shall have expertise in ethical matters, acquired through education or experience. Two (2) alternates may be appointed pursuant to this City Code. Each member of the initial Commission shall serve at least one term and those initial terms shall be one, two (2) and three (3) years.

   C.   Term Of Appointment: The term of a Commission member following the initial terms shall be three (3) years.

   D.   Compensation: Members of the Commission shall be "volunteers" as defined by this Code and shall serve without compensation. Members may be reimbursed for reasonable expenses they incur by providing service to the Commission.

   E.   At Will: Each member of the Commission shall serve at the pleasure of City Council and shall be subject to the City Charter, particularly City Charter subsection 3-60(d) and section 9-10, the City Code, and the rules and procedures of City Council.

   F.   Majority Vote: The Commission shall make decisions/recommendations based upon a majority vote.

   G.   City Attorney: The City Attorney, or a designee of the City Attorney, shall be the chief liaison and legal advisor to the Commission, but shall have no vote. In the event the City Attorney is the subject of a pending complaint, City Council may, in its sole discretion, appoint outside counsel to serve as the legal advisor to the Commission, appoint a City employee not within the Office of the City Attorney to serve as Secretary to the Commission for the complaint against the City Attorney, and if necessary, appoint special counsel to prosecute allegations of ethics violations brought against the City Attorney.

   H.   Disqualification: Any member of the Commission shall disqualify himself or herself from participating in any matter before the Commission in which his or her impartiality might reasonably be questioned, including, but not limited to, instances where he or she has a substantial interest, a personal bias or prejudice concerning a party, or personal knowledge of or involvement in disputed evidentiary facts concerning the matter. In that case, an alternate may sit in place of the disqualified member.

   I.   Subpoena Power: The Commission shall have the power to subpoena documents and witnesses, and to enforce such power by judicial action.

   J.   Rules Of Procedure: The Commission shall promulgate its own Rules of Procedure to be approved by City Council. (Ord. 11-18; Ord. 15-62; Ord. 16-122; Ord. 19-7)