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Home My WebLink Aboutordinance.council.050-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1979) AN ORDINANCE DEFINING CONFLICT OF INTEREST AND REQUIRING THE DECLARATION AND REMOVAL OF A PUBLIC OFFICIAL FROM ANY LEGISLATIVE, ADMINISTRATIVE, OR DISCRETIONARY ACT WHEN SUCH A CONFLICT EXISTS WHEREAS, the City Council wishes to define a conflict of interest for the benefit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY ~{E CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Definitions. (a) City Council Member. "City Council member" means a member of the Aspen City Council and includes the Mayor. b) City Official. "City official" means and includes any member of a board, authority, commission or other body appointed by the City Council and the Municipal Court Judge. "City official" does not mean or include any employee of the City with the exception of the Municipal Court Judge. c) Contract. "Contract" means and includes any claim, account or demand against, or agreement with, the City of Aspen, express or implied. d) Interest. "Interest" means and includes a situation where substantial pecuniary benefit may accrue, either directly or indirectly, to a City Council member or City official as a result of a contract or transaction which is or may be the subject of an official act or action by or with the City of Aspen, excepting such contracts or transactions which by their terms and by the substance of their provisions confer similar benefits to all per- sons or property similarly situated. For the purposes RECORD OF PROCEEDINGS 100 Leaves (e) (f) of this ordinance an "indirect" interest occurs when the City Council member or City official (1) is related in the first degree by blood or marriage to a person who has a direct "interest", or (2) is an executive officer or director of a business that has a direct "interest", or (3) controls, or has a strong voice in the control of, a business that has a direct "interest", or (4) has a substantial contract or a series of contracts on a continuing basis with a person who has a direct "inter- est". Official Act or Action. "Official act or action" means and includes any legislative, administrative or discre- tionary act of the City of Aspen, whether by the City Council, a board, commission, court or a City employee. Person. "Person" means and includes any individual, business, proprietorship, ship, association, trust, of a legal or beneficial firm, entity, estate, partner- or corporation and the holder interest in any of the same. (g) Personal Services. "Personal services" means and includes the employment of a person to perform duties, which labor does not produce tangible commodities. (h) Substantial. "Substantial" means and includes a situ- ation where, considering all of the circumstances, a reasonably prudent person would expect a marked tendency to make a decision other than an objective decision. (i) Transaction. "Transaction" means and includes the con- duct of any activity which results in or may be the sub- ject of an official act or action of the City of Aspen. -2- RECORD OF PROCEEDINGS 100 Leaves Section 2. City Council. (a) No contract whereunder the City of Aspen is (b) (c) (d) to pay out money for personal services shall be entered into by the City if a member of the City Council would perform ser- vices thereunder. No contract, other than one where the City of Aspen is to pay out money for personal services where a member of the City Council would perform services, shall be entered into by the City if a member of the City Council would have an interest therein unless the City Council member declares his or her interest and removes him or herself from a position of influence over the contract, including abstention from voting thereon. If a contract prohibited by the terms hereof is entered into, it shall be void. No City Council member shall appear on his or her own behalf, or by him or herself representing another before the City Council or any board, commission, or authority of the City concerning a transaction. A City Council member may be a member of a firm representing another on a City transaction provided he or she does not per- sonally appear on behalf of the client, declares his or her interest, and removes him or herself from a position of influence over the transaction, including abstention from voting thereon. No City Council member shall appear by him or herself or through a firm on behalf of another in municipal court, but he or she may appear in his or her own behalf. NO City Council member shall be a party, or by him or herself or through a firm appear on behalf of such a party, in a civil lawsuit wherein the City is also a -3- RECORD OF PROCEEDINGS 100 Leaves party without the consent of first requested and obtained. Section 3. City Officials. the City Council being (a) (b) (c) A City official may contract with the City including a contract whereunder the City is to pay out money for personal services. A City official may appear on his or her own behalf or by him or herself or through a firm represent another on a City transaction before any board, commission or auth- ority of the City with the exception of the board of which he or she is a member. A city official may appear on his or her own behalf before the board of which he or she is a member provided he or she declares his or her interest and removes him or herself from a position of influence over the transaction, including abstention from voting thereon. a firm which appears transaction before the member, provided he or A City official may be a member of on behalf of another on a city board of which he or she is a she does not personally appear on behalf of the client, declares his or her interest, and removes him or herself from a position of influence over the transaction, including abstention from voting there- on. A City official may appear on his or her own behalf or through a firm represent another on a City trans- action before the City Council, provided he or she does not personally appear on behalf of the client. A City official with the exception of the Municipal Court Judge may appear for himself or on behalf of another in municipal court. -4- RECORD OF PROCEEDINGS 100 Leaves (d) No City official shall be a party, or by him or herself or through a firm appear on behalf of such a party, in a civil lawsuit wherein the City is also a party without the consent of the City Council being first requested and obtained. Section 4. Exceptions. The following shall not be ordinance: deemed to be precluded by this (a) A City Council member or City official appearing before a City board including the Council and urging an argu- ment concerning City issues and policies. (b) A City Council member or City official exercising his or her constitutional right of free speech. (c) The City Council dealing with the City as the board of directors of a general improvement district or in another similar capacity. Section 5. Penalty. A violation of this ordinance shall be grounds for removal for cause from public office. Section 6. Severability. If any subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such the remaining portions holding shall not affect the validity of thereof. Section 7. Public Hearing. A public hearing on the ordinance day of ~ Council Chambers, Aspen City Hall, shall be held on the /d~ , 1979, at 5:00 P.M. in the City Aspen, Colorado. -5- RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, the City Council of the meeting held on the~ READ AND ORDERED published as provided by law by City of Aspen, Colorado, at its regular day of ~.~.~~ , 1979. Her a~/~de~l~~~ Mayor ATTEST: Kathryn S.~/Koch City Clerk FINALLY adopted, passed and approved on the ,19 9. ~day of Mayor ATTEST: -6-