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HomeMy WebLinkAboutagenda.council.worksession.20170919 CITY COUNCIL WORK SESSION September 19, 2017 4:00 PM, City Council Chambers MEETING AGENDA I. Ethics Code Amendments II. Finalize Language for Top Ten Goals III. Council Committee Appointments P1 MEMORANDUM TO: MAYOR and COUNCIL MEMBERS FROM: JAMES R. TRUE DATE: September 15, 2017 RE: Work Session regarding Rules of Ethical Conduct, Chapter 2.02. ══════════════════════════════════════════════════════════════════ ACTION REQUESTED: The City Attorney’s Office is seeking input and direction on possible modifications of the City’s Rules of Ethical Conduct. A work session is scheduled for September 19th. BACKGROUND: The City’s ethics code is contained in Chapter 2.02 of the Aspen Municipal Code and titled Rules of Ethical Conduct. The Charter of the City of Aspen, at Section 4.7, prohibits any member of council from voting “on any question in which he has a substantial personal or financial interest, other than the common public interest, or on any question concerning his own conduct.” In Ordinance 50, Series of 1979, the City Council defined certain terms set forth in that section of the Charter. In 2003, Council adopted the current Rules of Ethical Conduct, which addressed not only the conduct of Council members but also, all employees and city officials. These rules were adopted pursuant to the Article XX, section 6, of the Colorado Constitution which granted municipalities home rule authority and Section 7 of Article XXIX of the Constitution regarding Ethics in Government.1 Since the adoption of these rules in 2003, various questions have arisen regarding issues related to the City’s Rules of Ethical Conduct (hereinafter referred to as the “ethics code”). Most recently, questions arose regarding members of the City Council and City staff who moved on from their service and employment with the City to take jobs or start businesses in the private sector. As a result of various 1 It should be noted that Article XXIX authorizes a home rule community to adopt its own ethical rules and exempts those communities that do so from the terms of the article. It also requires the creation of a state independent ethics commission. This ethics commission recently attempted to assert jurisdiction over home- rule communities on ethical issues and demanded that all questions regarding ethics be presented to them. The Colorado Municipal League pushed back strongly advocating for the authority of home rule communities and the ethics commission ultimately backed down. It is hard to say whether the commission will raise this issue again. P2 I. 2 high profile examples, some individuals within and outside of City government, questioned the extent and effectiveness of the City’s regulations regarding former officials. Other issues have been raised from time to time and some of those issues are briefly discussed below. In addition, the City Attorneys will seek input on whether there are any other issues that council wishes to address. However, because of the initial request of several council members, this memo and the changes suggested here will primarily focus on the conduct of former Council members and City employees. A complete copy of Chapter 2.02, is attached hereto. DISCUSSION: 1. Rules Concerning Former Council Members and Employees Section 2.02.070 of the current code states, in pertinent part, as follows: (b) Permanent disqualification of former employees. There shall be a rebuttable presumption that former employees have a conflict of interest when knowingly acting as a principal or as an agent for anyone other than the City, in connection with any judicial or other proceeding, application, request for ruling or other determination, contract, claim or charge or controversy, in which the employee participated personally or substantially in any direct official action, where the City is a party or has a direct or substantial interest. Accordingly, unless the procedures set forth at Subsection 2.02.090(c) below are properly followed, such former employees shall be permanently disqualified from acting as a principal or as an agent for another on said matters. (c) Six-month disqualification of former employees. There shall be a rebuttable presumption that former employees have a conflict of interest when knowingly acting as a principal or as an agent for anyone other than the City, in connection with any judicial or other proceeding, application, request for ruling or other determination, contract, claim or charge or controversy, in matters which were generally within the former employee's official responsibility where the City is a party or has a direct or substantial interest. Accordingly, unless the procedures set forth at Subsection 2.02.090(c) below are properly followed, such former employees shall be disqualified from acting as a principal or as an agent for another on said matters for a period of six (6) months following the former employee's employment with the City. (d) Six-month disqualification of City Council members for employment. City Council members shall be disqualified from employment with the City for a period of six (6) months from the last day of the term of their elected position without the consent of the City Council. P3 I. 3 A. Former Council Members: As you can see, pursuant to subsection (d), the current code has no restriction on the actions of a former council member other than a six-month restriction on employment with the City itself. Thus, a former council member can appear before Council, any board, or staff on behalf of a third party immediately upon leaving office. Although there could be sanctionable activity if the Council member uses privileged information in the representation2, if that does not occur, the conduct is not prohibited. Several Council members have suggested that this be changed. Many governments have significant restrictions on the activities of former elected officials. The time frames differ, ranging from six months to two years depending on the activity involved. The state for instance prohibits legislators from acting as lobbyists for a period of 2 years. Pitkin County prohibits former commissioners and certain former employees from working on a property for which an application was submitted to the County during the Commissioner’s term of office for a period of two years after leaving office. The County also prohibits former commissioners and certain former employees from appearing before the Commission or other boards for one year after leaving office. The argument against any restriction is that it may dilute the pool of potential candidates for office. This pool may seem to be limited to attorneys, realtors, planners, and developers; but it could also include those involved in more eleemosynary efforts, such as school boards or non-profits. Nonetheless, the concern was sufficient enough for prior councils not to enact any restrictions other than working for the city. B. Former Employees. Recently two well-known and valuable employees of the City went into the private sector. These employees were very careful about addressing restrictions set out in the code and consulted with the attorney’s office throughout their transition. The City Attorney’s Office believes that there were no substantive issues related to this particular set of circumstances but recognizes that similarly to a move by a recent council member, issues were raised regarding appearance. As noted above, the code currently has two disqualifications for former employees set forth in subsections (b) and (c), one permanent, the other for six months. Neither, however, clearly indicates the nature and extent of the disqualifications. The language in subsection (b) states that an employee is permanently disqualified from acting as a principal or as an agent for a third party on a matter “in which the employee participated personally or substantially in any direct official action.” “Direct official action” is defined but it is so broad that a logical interpretation could lead to certain individuals being disqualified from almost every employment outside of the city. On the other hand, a too narrow interpretation could make the provision meaningless. The current Community Development Director may provide a good example of the difficulty faced.3 With a broad interpretation of this provision, this individual could be deemed permanently 2 Section 2.02.030, specifically prohibits disclosure of confidential information for personal financial gain. 3 Her use as an example is done with her approval. P4 I. 4 disqualified from virtually all work within the City of Aspen in the private sector. “Direct official action” includes “recommending for or against” an “action, including inaction concerning any legislative, administrative, quasi-judicial or discretionary act of the City…” It further states that “direct official action occurs only if the person making a recommendation is in the formal line of decision-making.” Reading this broadly, it appears that Ms. Garrow, and even other members of staff, could be permanently disqualified from any work involving the code amendments passed following the city’s recent moratorium. This is virtually everything. If she is deemed not in the formal line of decision making, then the disqualification may have virtually no meaning. Even if one focuses on strictly quasi-judicial matters, where an employee is making a recommendation, the question exists as to what the permanent disqualification actually means and whether it is necessary. Does a planner’s involvement at the city mean that in the private sector he or she may never look at the project or work on the particular property or for the particular owner of the property? The language does not prevent involvement with the property or work for the owner, only the project, which is eventually completed. On the other hand, the six-month disqualification for employees is unclear as to who it applies to and what it actually accomplishes. In this context six months may not be very long at all. Further, neither of the provisions address activities that may be considered more of direct lobbying for an issue unrelated to previous work. Should a former boss be allowed to lobby his former staff members immediately after departure even if on a totally new matter or subject? This may more correctly fall on the integrity of current employees in properly handling these efforts and may only be a matter of the comfort of current employees. Nonetheless, it is an issue to be considered. The goal of both disqualifications is to address conflicts of interest protecting the interests of the city and preserving the integrity of the process. Overall, based on recent examples and a fourteen-year history of these provisions and movement of council members and employees into private sector, we cannot point to any failure to accomplish these goals. Nonetheless, moving forward, it may be legitimately questioned whether current provisions provide the proper tools for addressing these issues. C. Proposed changes. It should be noted that among administrative staff, similarly to the issues related to why elected officials were exempted, there is concern that a policy that is too restrictive will diminish the pool of qualified employees interested in positions with the City. Again, if you look at the purpose of these ethical provisions, which is expressed as preserving integrity in the process, then these provisions should address the actual policy makers within the City. The City Attorney’s office has reviewed the ethics codes of a number of other communities, including Pitkin County, for guidance in addressing the issues. Following the County, to some degree, as well as some other jurisdictions, a possible amendment to the City’s code to address the issues of concern is proposed here. Specifically, it is proposed to delete subsections (b) and (c) of Section 2.02.070, reformat the section and add the following: P5 I. 5 Section 2.02.070. Restriction on employment of current employees and former policy makers. (b) Former Policy Makers 1. No former City policy maker shall appear in a representative capacity before the City Council, the Planning and Zoning Commission, the Historic Preservation Commission, the Board of Adjustment or any City Hearing Officer for two (2) years following his/her departure from office or employment concerning any application regarding any specific piece of real property which was also the subject of any application process in which that individual had an active roll or made a decision regarding the application during that individual’s term of office or employment. No former City policy maker shall appear as a representative for any person and/or entity (other than him/her self) before the City Council, the Planning and Zoning Commission, the Historic Preservation Commission, the Board of Adjustment, any City Hearing Officer, or [any other volunteer board of the City whose members are appointed by the City Council]4 on any issue for one (1) year following his/her departure from office or City employment. Further, no department head shall appear before a board or commission that the department head staffed or advised for one (1) year following his/her departure from office or City employment. These prohibitions shall not apply to former policy makers appearing on behalf of another governmental agency. 2. No former City policy maker shall attempt to influence or communicate directly with any City staff member or other elected or appointed City official on any pending or proposed matter on behalf of a third party for a period of six months following his/her departure from office or employment. This prohibition shall not apply to former policy makers appearing on behalf of another governmental agency. 3. City policy makers include Mayor and City Council Members, City Managers, Assistant City Managers, Community Development Director, City Attorney, and Assistant City Attorney. The provision restricting for six months the ability of the City to hire a former council member would remain. There can be a legitimate debate as to whether these restrictions are too long or too short, to whom the provisions should apply or how they should otherwise be modified. Some members of staff will be present to comment on these matters. Nonetheless, these modifications attempt to remove subjective evaluation of when a disqualification is required, providing distinct descriptions of limitations. 4 The need for the bracketed section has been questioned by some staff members. P6 I. 6 2. Quasi-Judicial Proceedings and Political Activities. Other issues have come up over the past few years that also may warrant further discussion. The City Attorney’s office is not aware of any actual violations of the provisions of the ethics code by city employees. However, there have been two assertions by members of the public that may justify clarification within the code. A. Political Activities. Section 2.02.100 addresses political activities. Council members and staff seem to recognize limitations that exist on political activities and the City Attorney’s office is not aware of any specific violations. Nonetheless, at some point during or after the Referendum #1 election, a citizen suggested that a member or staff, i.e., the City Attorney, had violated a provision in the Code and that Council was derelict in its duties by not addressing the issue. The Code section in question states: (c)(1) No employee may use any official authority or influence for the purpose of interfering with or affecting the result of an election, nor may funds be solicited or contributions be received from other employees for political purposes; The assertion that statements made in response to a reporter’s questions violated the section were legally and factually incorrect from the plain reading of this section of the code. Nonetheless, the assertion itself raises a question of whether the code could be more explicit and whether the relationship of the code and the Colorado Fair Campaign Practices Act should be clarified. The Fair Campaign Practices Act specifically addresses conduct of city officials and employees that is allowed. For instance, the Act specifically allows an official to answer an unsolicited question. It also allows an official to present balanced factual statements. These provisions are consistent with the section noted above but are not clearly incorporated therein. Section 2.02.100’s reference to the Fair Campaign Practices Act simply requires that City officials not violate the Act. To provide some additional clarification, the following sentence could be added to subsection (c)(1): Conduct of any employee that is consistent with activities allowed in Section 1-45- 117, of the Fair Campaign Practices Act shall in no circumstance be deemed to violate this provision. Again, this may be superfluous. Nonetheless, sometimes things need to be overstated to avoid improper accusations. B. Quasi-Judicial Proceedings. This issue was also raised by a citizen during the Base 2 referendum. As you will recall, the rezoning decision which granted a PD overlay on the property known as Base 2 was referred to a vote. A rezoning is deemed a legislative act subject to referendum. During the vote, it was acknowledged that the application was still open, as new commitments were made regarding parking. A citizen P7 I. 7 thought that because it was open, which is required by law pending the vote, that as a quasi-judicial proceeding, Council members should not have been taking a position in the election. It was the opinion of the City Attorney’s office that since only a legislative matter may be referred to the electorate and even though that legislative matter is part of a quasi-judicial proceeding, even if the application remains open, the legislative matter is complete and city officials are free to discuss it in the election, as long as they comply with the political activities section of the code. The provisions regarding conduct related to quasi-judicial matters are designed to protect the integrity of the process, ensuring all parties due process. A council member or other decision maker must avoid the appearance that he or she has pre-judged an item. It is evaluated on a case by case basis. Although there were circumstances in the Base 2 election that were confusing to the electorate, it did not appear that council members prejudiced their ability to further consider the matter, if the application had survived the election. The issue is more of a matter of what is actually being voted on rather than the extent of our ethics code. Thus, although a clarification of the ethics code does not appear to be necessary, this issue may warrant further discussion. 3. Gifts. Over the years, question have often risen regarding gifts that are made to council members or employees. For example, the presentation of signed ski bibs to council recently had a reporter questioning the propriety of the gift. Given the apparent purpose and value of the gift, it appears to be an appropriate, well intended gesture by a local entity simply acknowledging the participation of the City in a significantly important community event. Looking at these issues on a case by case basis, the current code seems to address the issue appropriately, consistent with constitutional and statutory regulations. Nonetheless, since this often arises, Council may wish to address particular examples to determine whether further discussion and possible amendments to the code are warranted. 4. Other issues: As noted above, the Rules of Ethical Conduct are attached hereto. This is a work session, so if anyone has any questions about any matter or has any other change to propose, we can discuss those Tuesday. Thank you. P8 I. 11 TITLE 2 ADMINISTRATION Contents Chapter 2.02 .................................................................................................................................................................... 12 RULES OF ETHICAL CONDUCT ................................................................................................................................ 12 Sec. 2.02.010. Purpose. ............................................................................................................................................. 12 Sec. 2.02.020. Definitions. ............................................................................................................................................. 13 Sec. 2.02.030. Rules of conduct governing City Council members, City officials and employees. .................................. 15 Sec. 2.02.040. Appearances before the City Council, boards, commissions and courts. .......................................... 16 Sec. 2.02.050. Voluntary disclosures of interests. .................................................................................................... 17 Sec. 2.02.060. Contracts for goods and services; procurements. ..................................................................................... 17 Sec. 2.02.070. Restrictions on employment of present and former employees. ............................................................... 18 Sec. 2.02.090. Opinions and waiver. ........................................................................................................................ 19 Sec. 2.02.100. Political activities. .................................................................................................................................. 19 Sec. 2.02.110. Quasi-judicial proceedings. ..................................................................................................................... 21 Sec. 2.02.120. Uniform enforcement of City regulations. ............................................................................................... 21 Sec. 2.02.130. Violation, removal and enforcement. ...................................................................................................... 23 Chapter 2.04 .................................................................................................................................................................... 23 GENERAL PROVISIONS1, 2, 3 ........................................................................................................................................ 23 Sec. 2.04.010. City map generally. ........................................................................................................................... 23 Sec. 2.04.020. Fiscal year. ........................................................................................................................................ 23 Sec. 2.04.030. Open meetings; executive sessions; notice; minutes. ............................................................................... 24 Chapter 2.08 .................................................................................................................................................................... 26 DISPOSITION OF UNCLAIMED PROPERTY ............................................................................................................ 26 Sec. 2.08.010. Purpose. ................................................................................................................................................. 26 Sec. 2.08.020. Definitions. ............................................................................................................................................. 26 Sec. 2.08.030. Procedure for disposition of property. ..................................................................................................... 26 Chapter 2.12 .................................................................................................................................................................... 28 MISCELLANEOUS FEE SCHEDULES ........................................................................................................................ 28 Sec. 2.12.014 Recreation Department Fun Pass .............................................................................................................. 29 Sec. 2.12.060. Parking fees .............................................................................................................................................. 39 Sec. 2.12.090. Reserved. ........................................................................................................................................... 43 Sec. 2.12.110. Reference to zoning fees. ......................................................................................................................... 53 Sec. 2.12.120. Aspen-Pitkin County Housing Authority fees ......................................................................................... 53 Chapter 2.16 .................................................................................................................................................................... 54 COMPLAINTS AGAINST CITY OFFICERS ............................................................................................................... 54 Sec. 2.16.010. Charges and specifications. ............................................................................................................... 54 Sec. 2.16.020. Evidence. ........................................................................................................................................... 54 Sec. 2.16.030. Removal; suspension; reprimand. ..................................................................................................... 54 Chapter 2.20 .................................................................................................................................................................... 55 DEPARTMENT OF ENGINEERING1, 2 ........................................................................................................................ 55 Sec. 2.20.010. Established. ....................................................................................................................................... 55 Sec. 2.20.020. Composition. ..................................................................................................................................... 55 Sec. 2.20.030. Appointment and removal. ................................................................................................................ 55 P9 I. Sec. 2.20.040. Qualifications. ................................................................................................................................... 55 Sec. 2.20.050. Functions and duties of City Engineer. ............................................................................................. 55 Chapter 2.24 ..................................................................................................................................................................... 56 PERSONNEL1 ................................................................................................................................................................. 56 Sec. 2.24.010. Short title. .......................................................................................................................................... 56 Sec. 2.24.020. Statement of purpose. ........................................................................................................................ 56 Sec. 2.24.030. Establishment of Personnel Department. ........................................................................................... 56 Sec. 2.24.040. Appointment and tenure of the Personnel Director. .......................................................................... 56 Sec. 2.24.050. Duties of the Personnel Director. ...................................................................................................... 56 Sec. 2.24.060. Adoption of personnel rules. ............................................................................................................. 57 Sec. 2.24.070. Political activity. ................................................................................................................................ 57 Sec. 2.24.080. Employer-employee relations. ........................................................................................................... 58 Sec. 2.24.090. Unlawful acts. .................................................................................................................................... 58 Chapter 2.02 RULES OF ETHICAL CONDUCT Sec. 2.02.010. Purpose. The purpose of this Chapter is to protect the public health, safety and welfare of the public and the integrity of City government by defining and proscribing certain conflicts of interest that may arise between the City and City Council members, employees or appointees to City boards, authorities and commissions. The City Council further recognizes that, when citizens of the City obtain public office, conflicts may arise between the public duty of such a citizen and his or her private interests. The City Council hereby declares that the prescription of some standards of P10 I. 13 conduct common to those citizens involved with government is beneficial to all residents of the City. This Chapter recognizes 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 totality of the circumstances surrounding certain actions. (Ord. No 19- 2003, § 1) Sec. 2.02.020. Definitions. As used in this Chapter, unless the context otherwise requires: Affiliate or affiliated with means an employee, partner, agent, stockholder, joint venturer or corporate director of any business organization or a person who shares office space with such organization. Appear on behalf of means to act as a witness, advocate or expert or otherwise to support the position of another person. Business means any corporation, limited liability company, partnership, sole proprietorship, trust or foundation or other individual or organization carrying on business, whether or not operated for profit. City Council member means a member of the Aspen City Council and includes the Mayor. City official means and includes any member of a board, authority, commission or other body where the members are appointed by the City Council. City official does not mean or include any employee of the City with the exception of the Municipal Court judge. Compensation means any money, thing of value or economic benefit conferred on or received by any person in return for services rendered by himself , herself or another. 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. Contract means and includes any claim, account or demand against or agreement with the City, express or implied. Direct official action means any action which involves: (a) Negotiating, approving, disapproving, administering, enforcing or recommending for or against a contract, purchase order, lease, concession, franchise, grant or other similar transaction in which the City is a party or other action, including inaction concerning any legislative, administrative, quasi-judicial or discretionary act of the City, whether by the City Council, a board, commission, court or employee. With regard to "recommending," direct official action occurs only if the person making a recommendation is in the formal line of decision-making; (b) Enforcing laws or regulations or issuing, enforcing or regulating permits; (c) Selecting or recommending vendors, concessionaires or other types of entities to do business with the City; (d) Appointing and terminating employees, temporary workers and independent contractors; or (e) Doing research for, representing or scheduling appointments for an employee, provided that these activities are undertaken with that employee's performance of (a) through (d) above. Direct official action does not include acts that are purely ministerial (that is, acts which do not affect the disposition or decision with respect to the matter.) With regard to the approval of contracts, direct P11 I. official action does not include the signing of the instrument unless the signer initiated the contract. A person who follows the procedures set forth at Section 2.02.050 and recuses himself or herself from taking official action shall not be considered as exercising direct official action. Employee means any full-time, part-time, temporary, seasonal or permanent employee of the City, except a City Council member and except an independent contractor under contract with the City. 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 officer-ship in a business. Immediate family member includes husband, wife, son, daughter, mother, father, grandfather, grandmother, grandchildren, brother, sister and domestic partner. The term includes any minor children for whom the person or his or her domestic partner provides day -to-day care and financial support. A domestic partner is an unmarried adult, unrelated by blood, with whom an unmarried officer, official or employee has an exclusive committed relationship, maintains a mutual residence and shares basic living expenses. Person means and includes any individual, business, proprietorship, firm, entity, estate, partnership, association, trust, corporation, holder of a legal or beneficial interest in any of the same or other similar entity. Personal services means and includes the employment of a person to perform duties, which labor does not produce tangible commodities. Quasi-judicial proceeding means any proceeding at which direct official action will be taken where: (a) City or state law requires that the body give adequate notice to the community before acting; (b) City or state law requires that the body conduct a public hearing, pursuant to notice, at which concerned citizens must be given an opportunity to be heard and present evidence; and (c) City or state law requires the body to make a determination by applying the facts of a specific case to certain criteria established by law. Substantial interest means and includes a situation, including without limitation, a pecuniary stake in the outcome of a direct official action in which, considering all of the circumstances, a reasonably prudent person would expect a marked tendency to make or take a direct official action other than in an objective manner. By way of example and not limitation, a person shall be deemed to have a substantial interest if: (a) He, she or a member of the immediate family is a party to a transaction; (b) He, she, a spouse or a domestic partner owns a one (1%) percent or more or a member of the immediate family other than a spouse or domestic partner owns five (5%) percent or mor e, of another party to the transaction; (c) He, she or a member of the immediate family is an officer in another party to the transaction; (d) He, she or a member of the immediate family is directly involved in obtaining the City's business for another party to the transaction; P12 I. 15 (e) He, she or a member of the immediate family is directly involved in direct official action regarding a transaction for another party to the transaction, other than a purely clerical capacity; or (f) A member of his or her immediate family performs more than a nominal portion of the work required by the transaction or supervises or manages more than a nominal portion of the work. (g) He or she or a member of his or her immediate family resides or owns property within 300 feet of a property that is the subject of a quasi-judicial proceeding. Transaction means and includes any contract; any sale or lease of any interest in land, material, supplies, services or any granting of a development right, license, permit or application. (Ord. No 19- 2003, § 1) Sec. 2.02.030. Rules of conduct governing City Council members, City officials and employees. A City Council member, City official or an employee shall not: (a) Disclose or use confidential information acquired in the course of his or her official duties in order to further substantially his or her personal financial interests; (b) Disclose or use confidential information acquired in the course of his or her official dutie s as an attorney-client communication from the City Attorney or other counsel retained by the City without the consent of the City Council; (c) Assist any person for a contingent fee to affect the outcome of a direct official act; (d) Perform a direct official action without following the procedure prescribed by Section 2.02.050 of this Chapter if such person: (1) Has a substantial interest in any transaction with the City; (2) Has an immediate family member with a substantial interest in any transaction with the City; (3) Has a substantial interest as an affiliate of a firm with a substantial interest in any transaction with the City; or (4) Has a substantial interest as an affiliate of a firm appearing on behalf of or employed by a person with a substantial interest in any transaction with the City. (e) Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value which: (1) Would tend improperly to influence a reasonable person in his or her position to depa rt from the faithful and impartial discharge of his or her public duties; or (2) 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 for a direct official act ion he or she has taken. 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: (i) Campaign contributions and contributions in kind reported as required by Section 1-45- 108, C.R.S.; (ii) An occasional nonpecuniary gift, insignificant in value; P13 I. (iii) A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; (iv) Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which such person is scheduled to participate; (v) Reimbursement for or acceptance of an opportunity to participate at a social function or meeting which is offered to such person which is not extraordinary when viewed in light of the position held by such person; (vi) Items of perishable or nonpermanent value, including, but not limited to, meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events that take place within the Roaring Fork Valley drainage; (vii) Items of perishable or nonpermanent value, including, but not limited to, meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events that have a value less than two hundred fifty dollars ($250.00) and take place outside the Roaring Fork Valley drainage unless the event is directly related to City business; or (viii) Payment for speeches, appearances or publications reported pursuant to Section 24-6- 203, C.R.S. (f) Fail to comply with the Public Official Disclosure Law, Section 24-6-201, et seq., C.R.S. (This law requires incumbents in and candidates elected to public office – City Council members – to publicly disclose the receipt of certain gifts, honoraria and other benefits on forms available from the City Clerk's Office.) (g) Request, use or permit the unauthorized use of City-owned vehicles, equipment, materials or property for personal convenience or profit. (h) Simultaneously serve in more than one (1) capacity as a City Council member, City official or employee. City officials may serve on more than one (1) City board, authority or commission; provided, however, they are not subordinate to one another in any respect; and provided further, that such service does not violate Article VIII of the City Charter and the bylaws of either, board, authority or commission. (Ord. No. 19- 2003, § 1) Sec. 2.02.040. Appearances before the City Council, boards, commissions and courts. Nothing in this Section is intended to apply to any City Council memb er, City official or employee who appears before the City Council or any City board, authority or commission to urge action on a policy or issue of general civic nature or to the relationship between the City Council, the City, any City board, authority or commission or any department of the City. (a) City Council members. (1) City Council members shall not appear before the City Council or any City board, authority or commission either on their own behalf or on behalf of another. A City Council member may be affiliated with a firm appearing on behalf of or employed by another person concerning any transaction with the City before the City Council, board, authority or commission; provided, however, that the City Council member follows the procedures prescribed by Section 2.02.050 of this Chapter if the transaction is before the City Council. (2) A City Council member shall not be a party or, by himself or herself or as an affiliate of a firm, appear on behalf of a party in a civil suit, wherein the City is a n adverse party, unless the member first obtains the consent of the City Council. (b) City officials. P14 I. 17 (1) City officials may only appear or be affiliated with a firm appearing concerning any transaction with the City under the following circumstances: a. A City official may appear on his or her own behalf before the City Council. b. A City official may appear on his or her own behalf before the body of which he or she is a member, provided the City official follows the procedure prescribed by Section 2.02.0 50 of this Chapter. c. A City official may appear on behalf of another person before any City board, authority or commission except the City Council or the body of which he or she is a member. d. A City official may be affiliated with a firm appearing on b ehalf of or employed by another person concerning any transaction before the City Council, board, authority or commission, provided the City official follows the procedure prescribed by Section 2.02.050 of this Chapter if the transaction is before the body of which he or she is a member. (2) A City official shall not be a party or, by himself or herself or as an affiliate of a firm, appear on behalf of a party in a civil suit, wherein the City is an adverse party, unless the member first obtains the consent of the City Council. (c) City employees. (1) City employees shall not appear on behalf of or be employed by another person concerning any transaction with the City or before the City Council or any City board, authority or commission. (2) City employees may appear before the City Council or any City board, authority or commission, on their own behalf or on behalf of such employee's immediate family members. (3) City employees may be affiliated with a firm that appears on behalf of or is employed by another person before the City Council or any City board, authority or commission; provided, however, the employee discloses his or her relationship as provided in Section 2.02.050. (Ord. No. 19-2003, § 1) Sec. 2.02.050. Voluntary disclosures of interests. (a) Whenever the provisions of this Chapter require a City Council member, City official or employee to disclose an interest, the following procedures shall be followed. The affected person shall disclose the interest on th e record of a public meeting of the City Council or the City board, authority or commission of which the person is a member. The interested City Council member, City official or employee shall thereafter: (a) refrain from voting upon or otherwise taking a direct official action in such transaction; (b) physically absent himself or herself from the room in which the matter is being considered; and (c) not discuss the matter with any other member of the City Council, board, authority or commission of which the person is a member. In the event that the interest has arisen or become apparent after the City Council member, City official or employee has taken some direct official action on a transaction, the City Council member, City official or employee shall give written notice of the interest and the nature of the transaction to the City Attorney as soon as reasonably possible. (b) A City Council member or City official may vote notwithstanding Subsection (a) above if his or her participation is necessary to obtain a quorum or otherwise enable the body to act; provided, however, that the City Council member or City official discloses his or her interest. (Ord. No. 19-2003, § 1) Sec. 2.02.060. Contracts for goods and services; procurements. The following rules of conduct shall apply to contracts entered into between the City and City Council members, City officials or City employees. These rules are in addition to any related provisions set forth in Chapter 4.20 of this Code. P15 I. (a) City Council members. (1) No contract for compensation to a City Council member shall be entered into if the City Council member would perform services under the contract. (2) No contract shall be entered into by the City if a member of the City Council would have an interest therein unless the City Council member with an interest follows the procedures prescribed by Section 2.02.050 of this Chapter. (b) City officials. A City official may contract for goods and services with the City; provided, however, that the City official does not take any direct official action relating to the contract. (c) City employees. Unless a specific waiver is obtained pursuant to Subsection 2.02.0 90(b) herein, employees shall not take any direct official action in a transaction when the employee knows that: (1) The employee or any immediate family member of the employee has a financial interest pertaining to the procurement; (2) A business or organization in which the employee or the employee's immediate family member, has a financial interest pertaining to the procurement; or (3) Any other person, business or organization with whom the employee or the employee's immediate family member is negotiating or has an arrangement concerning prospective employment is involved in the procurement. (Ord. No. 19-2003, § 1) Sec. 2.02.070. Restrictions on employment of present and former employees. (a) Current employees. (1) No employee shall engage in outside employment which in any manner interferes with the proper and effective performance of his or her duties or which results in a conflict of interest. Employees shall report existing or proposed outside employment or other outside business activity to their supervisors prior to accepting the same. Employees shall report any change in employment status to their supervisors which could give rise to a conflict of interest. (2) No employee shall take any direct official actio n with respect to their former employers for a period of six (6) months from the date of termination of the prior employment. (3) Unless he or she obtains a waiver pursuant to Subsection 2.02.090(d), no employee shall appoint or hire a member of his or her immediate family for any type of employment, including, but not limited to, full - time employment, part-time employment, permanent employment, temporary employment and contract employment. (4) Unless he or she obtains a waiver pursuant to Subsection 2.02.0 90(d), no employee shall supervise or be in a direct line of supervision over a member of his or her immediate family. If an employee comes into a direct line of supervision of a member of his or her immediate family, he or she shall have six (6) months t o come into compliance or to obtain a waiver pursuant to Subsection 2.02.090(d). (b) Permanent disqualification of former employees. There shall be a rebuttable presumption that former employees have a conflict of interest when knowingly acting as a principal or as an agent for anyone other than the City, in connection with any judicial or other proceeding, application, request for ruling or other determination, contract, claim or charge or controversy, in which the employee participated personally or subs tantially in any direct official action, where the City is a party or has a direct or substantial interest. Accordingly, unless the procedures set forth at Subsection 2.02.090(c) below are properly followed, such former employees shall be permanently disq ualified from acting as a principal or as an agent for another on said matters. (c) Six-month disqualification of former employees. There shall be a rebuttable presumption that former employees have a conflict of interest when knowingly acting as a princi pal or as an agent for anyone other than the P16 I. 19 City, in connection with any judicial or other proceeding, application, request for ruling or other determination, contract, claim or charge or controversy, in matters which were generally within the former empl oyee's official responsibility where the City is a party or has a direct or substantial interest. Accordingly, unless the procedures set forth at Subsection 2.02.090(c) below are properly followed, such former employees shall be disqualified from acting as a principal or as an agent for another on said matters for a period of six (6) months following the former employee's employment with the City. (d) Six-month disqualification of City Council members for employment. City Council members shall be disqualified from employment with the City for a period of six (6) months from the last day of the term of their elected position without the consent of the City Council. (Ord. No. 19-2003, § 1) Sec. 2.02.090. Opinions and waiver. (a) Advisory opinions. On written request of current, former or prospective City Council members, City officials or employees, the City Attorney may render advisory opinions regarding the appropriateness of the course of conduct to be followed in any proposed direct official actions or transactions. If a significant controversy arises under any provision of this Chapter, the City Attorney may appoint a neutral outside counsel to assist in resolving the issue. Compliance with the requirements of a duly promulgated written advisory opinion of the City Attorney shall be deemed to constitute compliance with the ethical standards of this Chapter. (b) Waiver of conflict of interest for procurements. Employees presumed to have a conflict of interest and therefore disqualified from taking any direct official action in the procurement process set forth as Subsection 2.02.060(c) may petition the City Manager in writing for relief from disqualification. The City Manager may waive the former employee's disqualification upon a finding that to do so is in the best interests of the City and may condition the waiver to ensure that conflicts of interests are avoided. (c) Waiver of disqualification for former employees. Former employees presumed to have a conflict of interest and therefore disqualified from acting as a principal or as an agent for anyone other than the City pursuant to Subsections 2.02.070(b) and (c) above, may petition the City Manager in writing for relief from disqualification. The City Manager may waive the former employee's disqualification upon a finding that to do so is in the best interests of the City and may condition the waiver to ensure that conflicts of interests are avoided. (d) Waiver of disqualification of employment and supervision of immediate family members. Immediate family members of current employees who might otherwise be disqualified from employment in accordance with Paragraph 2.02.070(a)(3) or disqualified for certain positions by virtue of Paragraph 2.02.070(a)(4), may petit ion the City Manager in writing for a waiver. The City Manager shall grant a waiver if he or she deems it to be in the best interests of the City to do so and may condition the waiver to ensure that conflicts of interests are avoided. By way of example and not limitation, the following are examples of circumstances in which a waiver may be appropriate: (1) The family member who is proposed to be hired was certified through a competitive process conducted pursuant to law and the employee who would make the appointment did not influence or affect the certification; (2) The employee who would officially make the appointment is acting ministerially and did not participate in the selection of the immediate family member or attempt to influence the person who di d; (3) The immediate family member who would be in the line of supervision was already working for the City before the employee came into the line of supervision and the employee can and will abstain from participating in any personnel actions involving the immediate family member. (Ord. No 19-2003, § 1) Sec. 2.02.100. Political activities. (a) Fair Campaign Practices Act. City Council members, City officials and employees shall not violate any provision of the Colorado Fair Campaign Practices Act, Sections 1 -45-101 et seq.. or the City Election Code, Chapter 9.04 of this Code. (b) Permitted political activities. City Council members, City officials and employees may participate in the following political activities on their own time: P17 I. (1) Register and vote in any election; (2) As an individual, privately and publicly express an opinion on politica l subjects and candidates; (3) Be a member of a political party and participate in its activities consistent with this Section; (4) Sign a political nomination, initiative, referendum or recall petition as an individual; (5) Make a financial contribution to a political party, issue committee or candidate's committee; (6) Be politically active in connection with any issue question or candidate; (7) Display bumper stickers, posters or pamphlets on his or her personal property for the endorsement of issues or candidates; (8) Take an active part in the management of political campaigns; (9) Directly or indirectly solicit, receive or account for funds for a partisan political purpose except as prohibited by this Section; (10) Solicit votes in support of or in opposition to, a an issue or candidate; (11) Serve as a delegate, alternate or proxy to a political party convention; (12) Drive voters to the polls on behalf of a political party or partisan candidate; and (13) Endorse or oppose a partisan candidate for public office or political party office in a political advertisement, broadcast, campaign literature or similar material; and (14) In addition to the above listed activities, City Council members may use their official titles and make reference to their connection with the City in political advertisements, endorsements or speeches. (c) Prohibited political activities. The following political activities are prohibited for City employees: (1) No employee may use any official authority or influence for the purpose of interfering with or affecting the result of an election, nor may funds be solicited or contributions be received from other employees for political purposes; (2) Bumper stickers and posters may be displayed on private vehicles and property, but campai gn materials, pamphlets and buttons may not be displayed on City vehicles, City property or by an employee while on a work site or performing his or her official duties; (3) Activities prohibited for an individual employee are also prohibited for groups or organizations of employees, even though specific activities are being performed by a nonemployee as a representative of the employee group; (4) Activities permitted in Subsection (b) of this Section are prohibited when an employee is on duty; they are also prohibited on City property and when an employee is wearing a uniform normally identified with the City; and (5) In local issues, an employee shall not use an official City title or designate employment with the City in political advertisements, endorsements or speeches, without the express consent of the City Council. (d) Political candidacy of City employees. The following shall apply when City employees seek elected office: (1) A City employee may seek election to political office. If elected to political office and such office is clearly inconsistent, incompatible, in conflict with his or her duties as a City employee or the elected office is that of City Council member or County Commissioner, the employee shall terminate City employment prior to assuming elected office; P18 I. 21 (2) An employee may be a candidate for a board such as, but not limited to, a school board and if elected, may retain his or her City position. However, if such office is clearly inconsistent, incompatible or in conflict with his or her duties as a City employee, the employee shall terminate City employment prior to assuming the elected position. (Ord. No. 19-2003, § 1) Sec. 2.02.110. Quasi-judicial proceedings. City Council members, City officials and employees, required as part of their duties to take direct official action that involves a quasi-judicial proceeding shall: (a) Follow the voluntary disclosure procedures set forth at Section 2.02.050, if he or she has a financial or personal interest in any quasi-judicial proceeding; (b) Attempt as reasonably possible to remain impartial and make final decisions only after a full and open hearing based on evidence presented at a hearing; (c) Avoid as reasonably possible communications outside the hearing or public meeting process on pending matters and disclose all information regarding the pending matter that he or she may have received from sources outside the public decision-making process; (d) Avoid as reasonably possible taking any public position or stance on a pending matter until all of the evidence has been presented and he or she is required to take a direct official action on the pending matter; (e) Avoid as reasonably possible any conduct through words or conduct that would lead a reasonably prudent person to believe that he or she has prejudged the pending matter until such time as he or she is required to take a direct official action on the matter; (f) Endeavor to prevent personal feelings about an applicant or an application from entering into the decision making process; and, if personal bias reaches a level where he or she cannot make an impartial decision based on facts in the record, follow the voluntary disclosure procedures set forth at Section 2.0 2.050; and (g) If in doubt, seek advice from the City Attorney's office on whether a particular proceeding is a quasi - judicial proceeding. (Ord. No. 19-2003, § 1) Sec. 2.02.120. Uniform enforcement of City regulations. (a) Purpose of rules. The City is charged with the enforcement of numerous state and municipal laws and regulations designed and intended to protect and enhance the public health, safety and welfare. Such regulations entail, for example, building and zoning codes, environmental and health codes, business licensing regulations and regulations governing the use of public rights-of-way and other public property. In order to promote consistency, predictability and fairness relevant to code enforcement activities, the following rules of ethical conduct relating to code enforcement have been devised to guide code enforcement personnel (excepting Aspen Police Department and Parking Enforcement personnel) in the execution of their enforcement duties and responsibilities. Because the nature and necessity of code enforcement is often dependent upon the particular facts associated with any given situation or event, as well as the availability and extent of enforcement resources, flexibility and sound judgment shoul d always be foremost in the execution of code enforcement activities. Consistent therewith, the following policies are not intended to mandate hard and fast rules to be applied in all circumstances at all times, nor should they be interpreted or applied i n a manner that would conflict with preexisting ordinances or other regulatory measures. Rather, the policies are to act as guidelines in assisting enforcement personnel toward a fair and consistent application of municipal regulations. (b) Training. All code enforcement personnel shall be properly trained to carry out their assigned duties and, when legally required, take an oath or affirmation as administered by the City Clerk to faithfully perform such duties and to uphold and enforce the regulations ordinances and laws of the City and State. (c) Progressive enforcement. Code enforcement personnel shall normally utilize a progressive method of code enforcement in exercising their enforcement duties. Except when circumstances warrant more immediate or forceful action, code or regulatory violations shall be addressed as follows: P19 I. (1) Whenever reasonably possible, direct personal contact shall be made by the enforcement officer with the violator and/or his or her representative. If personal contact cannot reasonably be accomplished, then written notification of the violation in the form specified below shall be left with an appropriate person or posted at a conspicuous location appropriate to the violation. (2) Unless more forceful action is warranted, an initial violation shall be subject to a verbal warning to the violator and a request for correction within a time certain, generally no longer than ten (10) days, although a longer or shorter time period may be necessary depending upon the relevant circums tances and the severity of the violation. The enforcement officer involved should always document the nature of the violation, the specifics of the verbal warning provided the violator and the corrective action ordered. (3) Upon a failure or refusal to correct a violation after a verbal warning, a violator shall be subject to a written notice of violation, a correction notice and/or a stop work order. Such written notice or order shall specify the facts illustrating the violation, reference the specific o rdinance or regulation implicated by the violation, specify the corrective action necessary and the time period within which such corrective action must be completed or undertaken and specify the name and telephone number of the enforcement officer who can be contacted in regard to the violation. The written notice or order shall be delivered to the violator or his or her representative or employee or when such delivery cannot be reasonably accomplished, the notice or order shall be posted in a conspicuous location appropriate to the violation. (4) Upon a failure or refusal to correct a violation or comply with a written notice of violation, correction notice or stop work order, the violator shall be subject to the issuance of a summons and complaint commen cing a Municipal Court prosecution for the violation. The determination to initiate a Municipal Court action by the issuance of a summons and complaint shall rest primarily within the reasonable discretion of the enforcement officer. Department heads charged with the supervision of code enforcement personnel may reserve to themselves final discretionary authority over the issuance or nonissuance of a summons and complaint by their subordinates. Enforcement personnel should consult with the City Attorney's office prior to the issuance of a summons and complaint. Likewise, enforcement personnel should confer with the Aspen Police Department regarding appropriate assistance to ensure against possible breaches of the peace in effectuating proper service of any summons and complaint. Once a summons and complaint has been docketed with the Municipal Court, the City Attorney's office, in consultation with the enforcement officer, shall assume primary responsibility and discretion as to how the violation shall be resolved, i.e., plea negotiation, trial or dismissal. (5) In addition to the issuance of a summons and complaint, enforcement personnel may consult with the City Attorney's office regarding the initiation of an injunctive or declaratory relief action in Civil Court to secure compliance with ordinances or regulations or to restrain and enjoin ongoing or continual ordinance or regulatory violations. (d) Inspections. Whenever necessary to make an inspection to enforce any ordinance or regulati on or whenever a code enforcement officer has reasonable cause to believe that there exists in or upon any premises a code violation, such officer may approach and enter upon or into such premises in an unforced manner at all reasonable times to inspect such premises or perform any duty imposed upon the enforcement officer by state or local law or regulation, by first presenting his or her credentials and requesting access or entry. If the subject premises are unoccupied, the enforcement officer shall make a reasonable effort to locate the owner or other appropriate person having control or charge of the premises and request entry or access. If entry or access is refused, the enforcement officer shall leave the subject premises and consult with the City Attorney concerning the necessity of obtaining a search warrant. All questions or doubts concerning the propriety of any inspection or investigation to be conducted on private property shall be resolved in favor of delaying such inspection or investigation until after full consultation with the City Attorney. (e) Response to complaints. Code enforcement personnel shall respond to a complaint or information concerning an alleged code violation within a reasonable period of time taking into consideration avai lable resources and current caseload. Normally, a response should be rendered within ten (10) days from receipt of a complaint. Response time will vary depending on the nature of the alleged violation or the frequency of same. Enforcement personnel shall document all response activity and shall be brought to resolution or closure within a reasonable time period. No complaint or enforcement action shall be left open or unresolved. P20 I. 23 (f) Discretionary powers. In accordance with Section 1-04-140 of this Code, whenever any law or regulation vests in an enforcement officer authority to direct, approve or permit any act, such authority shall encompass only such discretion as to determine whether the law or regulation is applicable and whether it has been complied with. No ordinance, law or regulation shall be construed to vest in an enforcement officer discretion to waive, alter or evade any requirements or standard as contained therein, nor shall any ordinance, law or regulation be construed to give an enforcement officer the power or authority to require conditions or compliance with standards not prescribed by such ordinance, law or regulation. (Ord. No 19-2003, § 1) Sec. 2.02.130. Violation, removal and enforcement. (a) No person shall willfully violate the requirements of this Chapter. (b) The City Council may remove any City official who willfully violates any provision of this Chapter. (c) The City Manager may promulgate personnel policies and procedures not inconsistent with the provisions of this Chapter to regulate the conduct of employees and establish disciplinary remedies for violations of any provisions of this Chapter. Civil and administrative remedies against employees which are in existence on the effective date of the ordinance codified herein shall not be impaired. (d) If a contract, transaction or procurement is consummated contrary to any provision of this Chapter, the City Council may void the contract, transaction or procurement. (e) Any person affected by a City transaction may commence a civil action in the District Court in and for the County for equitable relief to enforce the provisions of this Chapter upon a showing of willful violation of any provision of this Chapter. Before filing such an action, the person shall present a claim to the City Council and give the City Council an opportunity to act thereon. (f) The City Attorney may commence a civil action in the District Court in and for the County for equitable relief to enforce the provisions of this Chapter or to recover anything of value from an employee or third party, upon a showing of willful violation of any provision of this Chapter. (Ord. No. 19-2003, § 1) Chapter 2.04 GENERAL PROVISIONS1, 2, 3 1 Charter reference—Authority of City to have and use a common seal, § 1.2; City Council generally, § 3.1 et seq.; Mayor, § 3.3; Mayor pro tem, § 3.7; City Manager generally, § 6.1 et seq.; acting City Manager, § 6.2; City Clerk generally, § 6.6; City Attorney generally, § 7.1. 2 State constitutional reference—Powers and authority for home rule cities, Art. XX, Sec. 6. 3 Cross reference—Application of Code by City officers or employees, § 1.04.140; Building Inspector, § 8.04.020 et seq.; Board of Appeals and Examiners, § 8.08.010 et seq.; Elections, Title 9; Licenses and Permits Generally, § 14.04.010 et seq.; Municipal Court, Title 17; Municipal Judges, § 17.04.040; Municipal Court Clerk, § 17.04.050; Chief of Police, § 19.04.030 et seq.; Department of Streets and Alleys, § 21.08.010 et seq.; Street Superintendent Generally, § 21.08.030 et seq.; Taxation, Title 23; Electricity, § 25.04.010 et seq.; Decision Making Administrative Bodies Governing Land Use Regulations, Title 26. Sec. 2.04.010. City map generally. (a) The map entitled "Official Map of the City of Aspen, Pitkin County, State of Colorado" as prepared by the engineer for the City and approved by the City Council as amended and on file in the office of the City Engineer shall be and is hereby accepted as the official map of the City. (b) All streets and alleys as the same appear upon such map shall be a nd are hereby dedicated to the public except such streets and alleys as have been vacated by ordinance or resolution of the City Council. (c) Such map, the field plats and identifying information shall be available for use of the general public. (Code 1962, § 1-2-3; Ord. No. 35-1968; Code 1971, § 2-1) Sec. 2.04.020. Fiscal year. The commencement of the fiscal year of the City shall be the first day of January. The calendar year is hereby fixed as the fiscal year of the City. (Code 1962, § 1-4-1; Code 1971, § 2-2) P21 I.