§ 2.24.040. Standards.

A.

The following requirements shall constitute reasonable standards and guidelines for the ethical conduct of officers, public body members, and employees.

B.

No officer, public body member, or employee who has the power or duty to perform, or has any influence over, an official action related to a contract, shall:

1.

Have or acquire an interest in a contract between a business entity and the city, unless the city's procedures applicable to the solicitation and acceptance of such contract are followed and unless the officer, public body member, or employee has complied with the provisions of section 2.24.050;

2.

Have an interest in any business entity which is a party to the contract with the city, unless the officer, public body member, or employee has complied with the provisions of section 2.24.050;

3.

Represent or appear before the city council, any public body, or any other officer, public body member, or employee, on behalf of any business entity which is a party to the contract with the city;

4.

Have solicited or accepted present or future employment with any business entity which is a party to a contract with the city, if the offer or acceptance of such employment is related to or results from any official action performed by the officer, public body member, or employee with regard to the contract; or

5.

Solicit, accept, or be granted a present or future gift, favor, discount, service or thing of value from or for any person involved in the contract. Nothing in this paragraph shall prohibit any officer, public body member, or employee from accepting an occasional nonpecuniary gift of $15.00 or less in value, or from accepting an award, publicly presented, in recognition of public service. However, no officer, public body member, or employee shall accept a nonpecuniary gift of any value if the gift is or may be in any way associated with a contract that is or may be one for which the officer, public body member, or employee has the power or duty to perform an official action.

6.

No officer, public body member, employee or independent contractor who has the power or duty to perform, or has any influence over an official action of the city shall solicit, accept or receive any gift or other thing of value from any person seeking to influence the person's official action, as defined section 2.24.020.E, or the person's official act, as defined in C.R.S. § 24-18-102(7). *Nothing in this paragraph shall prohibit any officer, public body member, employee or independent contractor from accepting an occasional nonpecuniary gift of $15.00 or less in value, or from accepting an award, publicly presented, in recognition of public service. However, no officer, public body member, employee or independent contractor shall accept a nonpecuniary gift of any value if the gift is or may be in any way associated with an official action that is or may be one for which the officer, public body member, employee or independent contractor has the power or duty to perform an official action. For purposes of this section, "independent contractor" shall mean those city independent contractors who perform official actions on behalf of the city which involve the use of discretionary authority.

State Law reference— [C.R.S. § 24-18-102(7) states "official act" means "any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority."]

C.

No officer, public body member, or employee shall be directly responsible for the hiring, appointment, retention, or supervision of, or influence or attempt to influence the hiring, appointment, supervision, or retention by the city of, any relative of the officer, public body member, or employee.

D.

No officer, public body member, or employee shall influence or attempt to influence the compensation, benefits, or other terms and conditions of city office or city employment applicable to a relative of the officer, public body member, or employee.

E.

No relative of an officer, public body member, or employee shall be hired as an employee unless the city's personnel procedures applicable to such employment have been followed.

F.

No officer, public body member, or employee shall use for personal or private gain, or for any other personal or private purposes, any information which is not available to the public and which is obtained by reason of his or her position with the city, or disclose any such information except as required by law or for city purposes.

G.

No employee shall engage in or accept any employment or service, other than employment by the city, if such employment or service reasonably would tend to impair the employee's independence of judgment in the performance of the employee's duties. This restriction shall not be construed to prohibit any other restrictions or prohibitions on outside employment applicable to an employee.

H.

No employee shall be appointed to serve as a member of a city board or commission. Members of the youth advisory board are exempt from this provision.

I.

No officer, public body member, or employee shall request or direct the use of an employee's working time for the city, and no employee shall use his or her working time for the city, for personal or private purposes.

J.

No officer, public body member, or employee shall request, direct, or permit the personal or private use of any city vehicle or city equipment except in the same manner and under the same circumstances applicable to any person who is not an officer, public body member, or employee, unless such use will substantially benefit the city.

K.

No officer, public body member, or employee shall request, or grant to any person, any special consideration, treatment, or advantage beyond that which is available to every other person in similar circumstances or need.

L.

No officer, public body member, or employee shall, at any time within two years after termination from the city:

1.

Appear on behalf of the officer's, public body member's, or employee's interest, or on behalf of the interest of any other person, before the city council, any public body, or department of the city, in relation to any matter concerning which the officer, public body member, or employee performed an official act; or

2.

Represent the interest of the officer, public body member, or employee, or of any other person, in any other matter before the city council, any public body, or department of the city, without disclosing to the city the officer's, public body member's, or employee's prior relationship to the city and present relationship to the interest.

M.

Except as provided in subsection N, no officer, public body member, or employee shall appear before the city council or any public body on behalf of any business entity.

N.

A member of a public body may appear on behalf of a business entity before the city council or before a public body other than the public body of which he or she is a member, so long as the appearance does not concern any matter that has or may come before the public body of which he or she is a member.

O.

Nothing in the code of ethics shall preclude an officer, public body member, or employee from appearing before the city council, any public body, or any other officer, public body member, or employee on behalf of any person which is not a business entity, so long as the appearance does not concern the officer's, public body member's, or employee's interest.

P.

No officer or public body member shall offer or promise to give his or her vote or influence in favor of or against any proposed official action in consideration or upon condition that any other officer, public body member, will promise or assent to give his or her vote or influence in favor of or against any other proposed official action.

Q.

No officer shall become a city employee at any time during the term of office, or for two years after leaving office.

R.

No officer shall acquire or seek to acquire any real estate or interest therein if the officer knows, or reasonably should know, that the council is evaluating, proposing, or pursuing the acquisition of such real estate or interest therein. The officer's knowledge shall be presumed if the minutes or other record of any council meeting or study session reflect any discussion of the same, or if the officer was present at any executive session at which the same was discussed. The prohibitions of this subsection shall continue to apply until after the council has abandoned any effort to acquire such real estate or interest therein, and such abandonment has been reflected in the minutes or other record of a council meeting.

(Ord. No. 1753-2018, § 1, 2-6-2018)